CocoaVia™ Brand Store - Terms and Conditions

1. INTRODUCTION

These terms and conditions (the "Terms") govern the order and purchase by you of any CocoaVia™ Products by using this Site and/or placing an order for Product and/or Merchandise, you accept and agree to be bound by these Terms, as well as by the (a) General Terms & Conditions for Web Sites Operated by the Mars, Incorporated Family of Companies and (b) the Mars, Incorporated Privacy Policy, which are hereby incorporated by reference.

2. PRODUCT AND MERCHANDISE ORDERS

a. Pricing.

Pricing, payment and other terms applicable to Product and Merchandise purchases, including, but not limited to, any applicable set-up fees, are set forth on the Site and incorporated into these Terms by reference. Mars Symbioscience, a division of Mars, Incorporated (“Mars Symbioscience”) may, in its sole discretion, change any such prices or other terms at any time without notice.

b. General Requirements.

By placing an order, you represent and warrant to Mars Symbioscience that:

• You are at least 18 years of age (19 in Alabama and Nebraska; 21 in Mississippi);
• If you are an individual consumer, the Product and/or Merchandise is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the Product or Merchandise to any third party for commercial purposes.
• If you are a business, the Product and/or Merchandise is being ordered on the CocoaVia™’s website solely to promote your own products or services by distributing the Product and/or Merchandise to Customers and others at no cost to the recipient as business gifts or advertising items. You will not resell the Product or Merchandise. (Note: If you are a promotional agency or distributor, you may resell the Product and/or Merchandise solely to businesses for use by such businesses to promote their own products or services as described in these Terms.) If you are a business, CocoaVia™ Products are available for purchase for resale through Mars Symbioscience, provided you have an agreement with Mars Symbioscience. To find out more information, email CustomerCare@cocoavia.com or contact our call center at 1-833-COCOAVIA (1-833-262-6284), from 9 a.m. – 5 p.m. Eastern Time Monday through Friday.
• You will handle, store and transport all Product in accordance with applicable laws and regulations and in a clean and sufficiently odorless environment so that the Product is not adulterated in any way. You are solely responsible for and assume all liability arising from any repackaging of the Product.

3. CUSTOMER SERVICE: CHANGING & CANCELING ORDERS

For CocoaVia™ Products: Please check the status of your order online. If the status of your order appears as 'shipped,' we are unable to add to, change or cancel your order. If your order has not yet been shipped, you may email or call Customer Care at CustomerCare@cocoavia.com or 1-833-COCOAVIA (1-833-262-6284), and a representative will gladly assist you with your changes or cancellation. Representatives are available Monday - Friday, 9 a.m. - 5 p.m. Eastern Time.

4. CUSTOMER SERVICE: GAURANTEE, SHIPPING & RETURNS

When placing an order with cocoavia.com, we want to ensure you are 100% satisfied with your order. If you are not satisfied for any reason, please contact Customer Care at CustomerCare@cocoavia.com or 1-833-COCOAVIA (1-833-262-6284), for an exchange or refund. Return the unused portion of your order within 100 calendar days for a full refund (shipping and handling not included). Once your return is processed (usually within 72 hours of receipt), a credit will be automatically applied to your credit card within 7-10 business days.

If your order arrives damaged or incomplete and you notify us of the problem within 10 business days after your receipt of your order, we'll promptly replace the defective Product or provide the missing Product. For other information concerning shipping and returns, please refer to our Customer Care page.

5. YOUR CONTENT

From time to time, Mars Symbioscience may permit you to post or submit content to the Site ("Content"). You understand that whether or not such Content is published, Mars Symbioscience does not guarantee any confidentiality with respect to any Content. You are solely responsible for your own Content and the consequences of posting or publishing it. In connection with your Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mars Symbioscience to use all intellectual property or other proprietary rights in and to any and all such Content to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms. You will retain all of your ownership rights in your Content. However, by submitting Content to the Site, you hereby grant Mars Symbioscience and its affiliates a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and Mars Symbioscience's business, including, without limitation, for promoting Product, Merchandise and the Site (and derivative works thereof) in any media formats and through any media channels. You understand and agree that Mars Symbioscience may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted from the Site. The above licenses granted by you in Content are perpetual and irrevocable. You further agree that (a) you will not post Content that includes material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mars Symbioscience all of the license rights granted herein; and (b) you will not post Content that includes material that violates or fails to conform to applicable local, national, and international laws and regulations. Mars Symbioscience does not endorse any ontent or any opinion, recommendation, or advice expressed therein. Mars Symbioscience expressly disclaims any and all liability in connection with Content. Mars Symbioscience is not responsible for and does not assume any liability for the comments and opinions expressed by you or other users of the Site. You remain solely responsible for your Content. You agree that when using the Site, you will act in a manner consistent with the goals of the Site. By way of example, and not as a limitation, you specifically agree that: (a) you will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or other material or information that Mars Symbioscience in its sole discretion views as objectionable, including but not limited to, text, graphics, audio, and video files; and (b) you will not post any files that contain viruses, corrupted files, or any other similar software, programs or routines that may damage the operation of the Site or another's computer.

6. FORCE MAJEURE.

Notwithstanding any other provision of these Terms, if Mars Symbioscience is delayed in or prevented from fulfilling any of its obligations under these Terms by reason of any event beyond its reasonable control, including but not limited to acts of God or terrorism, fire, strikes, delay of transportation or inability to obtain necessary materials through normal commercial channels, Mars Symbioscience will not be liable for damages resulting from such delay or prevention. Mars Symbioscience will promptly notify you of the occurrence of any such event and will use reasonable efforts to minimize the resulting delay or prevention.

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Mars Symbioscience, its officers, directors, affiliates, employees, suppliers and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees and costs) due to, arising out of or in any way connected with (i) your Product and Merchandise orders, (ii) Product and Merchandise orders made by any third party using your account or password, (iii) your use, handling, repackaging, storage and/or distribution of Product and Merchandise, (iv) breach of any provision of these Terms by you or any third party using your account or password; (v) Content; and/or (vi) your use of the Site.

8. MODIFICATIONS

Mars Symbioscience may change, suspend or discontinue all or any aspect of the Site at any time, including, without limitation, the processing of orders for Product and/or Merchandise and the availability of any information, without prior notice or liability. Mars Symbioscience reserves the right, at its discretion, to change or modify all or any part of these Terms at any time; however, we will not make any changes that have a retroactive effect unless legally required to do so.

9. WARRANTY DISCLAIMER

MARS SYMBIOSCIENCE PROVIDES ALL PRODUCT AND MERCHANDISE AS IS AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARS SYMBIOSCIENCE AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OR OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE PRODUCT AND MERCHANDISE.

10. LIMITATION OF LIABILITY

In no event will Mars Symbioscience be liable for any consequential, indirect, punitive or special damages of any kind arising out of or relating to use of (or inability to use) the Site and/or Product or Merchandise, even if Mars Symbioscience has been advised of the possibility of such damages. This limitation may not be applicable to you because some jurisdictions do not allow limitations on or exclusions of liability for incidental or consequential damages in certain circumstances.

11. CocoaVia™ Referral Program

CocoaVia™ ("we", or "Company") may, from time to time, offer our customers ("Service") the opportunity to refer friends to buy our products ("CocoaVia Referral Program" or “Refer a Friend Program” or "Program"). We reserve the right to terminate the Program at any time for any reason or no reason.

Users (defined below) are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Users agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a Referrer (defined below) or participate in the Program in any manner. Users (defined below) may not participate in the Program where doing so would be prohibited by any applicable law or regulation.

We reserve the right to modify or amend these Terms and Conditions and the methods through which Rewards are earned at any time. We reserve the right to disqualify any User (defined below) at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.

No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.

PRIVACY

Individuals may participate in the Program to recommend products, services or content made available by Company to their friends, family or colleagues ("Users"). To do this, Users must submit personal information about themselves and their friends, family members or colleagues, such as name and e-mail address information, so that the Company can send these recommendations on their behalf. The personal information provided by Users will be collected, processed and used in accordance with Company's Privacy Statement, which can be found at https://www.mars.com/privacy. In addition, personal information may be used by Company to contact Users with regards to their participation in the Program and to receive communications from Company. Where a User provides personal information about its friends, family members or colleagues to receive communications via the Program, the provided personal information will be used by the Company for sending these communications on behalf of the User and User understands that Company may send out additional follow-up communications on behalf of the User to encourage or remind the friends, family members or colleagues to complete the purchase or registration process.

HOW THE PROGRAM WORKS

To participate, individuals may visit https://www.cocoavia.com/pages/rewards and follow the on-screen instructions to refer friends, family members or colleagues to the Service by sharing their unique referral link ("Personal Link") in the "Refer A Friend" box.

Users who refer are called "Referrers." Individuals who receive a referral are called "Referred Customers." An "eligible" Referrer who is fully compliant with these Terms and Conditions may receive "Reward(s)" for every "Qualified Referral." To be "eligible," a Referrer must:

• be a legal resident of the United States of America; and
• be at least 18 years old.

Employees of the Company, its Service Provider or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.

MAKING A REFERRAL

An individual must register to make a referral, but no purchase is required. Once an individual refers a friend, family member or colleague, he/she becomes a Referrer and will be provided with a Personal Link that allows the Referrer to receive credit for Qualified Referrals ("Credit"). Personal Links will be issued only to individuals. Each Referrer will also be provided with a unique and personal CocoaVia™ "Refer-a-Friend" page or account to view the status of his/her Qualified Referrals and manage his/her account.

Referrers may only refer real individuals who meet the requirements of these Terms and Conditions. Referrers may not refer themselves. Referrers and referred customers who share the same billing and shipping address will not be eligible for the referral program benefits. For example, a Referrer may not create multiple or fake accounts with CocoaVia™ or participate in the Program using multiple or fake email addresses, aliases or identities.

QUALIFIED REFERRALS

A Qualified Referral means that all the following conditions are met:

• The Referred Customer completed their first purchase over $35 on www.cocoavia.com not including tax or shipping-related charges with the Service using the Referrer's "Personal Link." If a Referred Customer purchases or registers with the Service using any other link or method, the registration will not count as a Qualified Referral and the Referrer will not earn Credit;
• The Referred Customer is a new customer with zero (0) previous orders and does not have an account with cocoavia.com;
• The Referred Customer was not previously registered with the Service under any email address or alias;
• The Referred Customer is a) a legal resident of the United States of America, and b) at least 18 years old.

VERIFIED QUALIFIED REFERRALS

Rewards are subject to verification. The Company may delay a Reward for the purposes of investigation. Company may also refuse to verify and process any transaction Company deems, in its sole discretion, to be potentially fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.


All of the Company's decisions are final and binding, including decisions as to whether a Qualified Referral, Credit or Reward is verified.

TRANSFER AND VALUE OF CREDIT AND REWARDS

Credit and Rewards have no monetary value and may not be redeemed for cash. Credit and Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer's CocoaVia account for any reason, any unredeemed Credit and Rewards accumulated by the Referrer are forfeited.

LIABILITY

By participating in the Program, Users agree to:

• be bound by these Terms and Conditions, the decisions of the Company and their designees (including the Service Provider), and the Privacy Policy of the Company;
• defend, indemnify, release and hold harmless the Company, its Service Provider and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program [including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward]; and
• be contacted by the Customer via e-mail.

Company shall not be liable for:

• late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
• telephone system, telephone or computer hardware, software or other
  technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
• data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
• any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time;
• any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or
• claims, demands, and damages in disputes among Users of the Program.

The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company's control, corrupt the administration, security or proper play of the Program.

The Company shall not be liable to any Users for failure to supply any Reward or any part thereof, including, without limitation, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties' control.

The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

DISCLAIMER OF WARRANTIES

USERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO WARRANTY THAT (i) THE
PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY AND INDEMNIFICATION

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY'S, INCLUDING ANY VENDORS AND SERVICE PROVIDERS, MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

Users should use the Program at their own risk.

PUBLICITY

Participation in the Program or acceptance of a Reward constitutes permission to CocoaVia™ and its affiliates and agents to use any User's first and last name, company name, CocoaVia™ profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review,
permission or further compensation of any amount or kind whatsoever, where
permitted by law.

FRAUDULENT AND SUSPICIOUS BEHAVIOR

The Company may prohibit a User from participating in the Program or receiving a Credit or Reward, in Company's sole discretion, if Company determines such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of the Company.

Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.

Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.

The Company reserves the right to disqualify any User and/or cancel any Reward(s) if Company finds a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

GENERAL TERMS

These Terms constitute the entire agreement between Users and the Company concerning Users' use of the Program. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.

12. MISCELLANEOUS

Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to similar or subsequent breaches. If any part of these Terms is held to be unenforceable or invalid, such part will be deemed automatically superseded by an enforceable, valid provision most closely matching the intent of the original provision and the remainder of these Terms will continue in effect. These Terms will be binding upon you and your successors and permitted assigns. You may not assign any of its rights or obligations hereunder without the express prior written consent of Mars Symbioscience. All remedies available for breach of these Terms are cumulative and may be exercised concurrently or separately. The exercise of one remedy will not be deemed an election of such remedy of the exclusion of other remedies. You agree to execute and deliver such further documents and assurances, if any, as may be required from time to time to give effect to these Terms.