BULK INGREDIENT FACTORY

Welcome to Bulk Ingredient Factory!

Thank you for visiting Bulk Ingredient Factory (bulkingredientfactory.com). Our website, including all associated products, services, and any related mobile sites or applications (collectively, "Website"), is provided by Bulk Ingredient Factory, a New Jersey corporation. By accessing or using the Website, you agree to be bound by this Terms of Use Agreement ("Agreement").

Bulk Ingredient Factory reserves the right to modify this Agreement at any time, at its sole and absolute discretion, and without notice. Such changes will be effective immediately upon posting. Therefore, we encourage you to review the terms of this Agreement before using the Website each time. If you do not agree to these terms and conditions, please discontinue your use of the Website immediately. Your continued use of the Website after any changes to this Agreement will signify your acceptance of those changes.

NOTICE OF ARBITRATION: This Terms of Use Agreement includes an arbitration provision and class action waiver. Unless you opt-out of arbitration as specified below, you agree that any disputes between you and Bulk Ingredient Factory will be resolved through binding, individual arbitration. You also waive your right to participate in any class, consolidated, representative, collective, or private attorney general action or arbitration.

Eligibility to Use the Website: Individuals aged eighteen (18) and older are welcome to use the Website. By accessing the Website, you affirm that you are at least eighteen (18) years old, mentally competent, and capable of agreeing to and adhering to the terms and conditions outlined in this Agreement. If you are using the Website on behalf of a business entity or third party, you confirm that you have the actual authority to act as an agent for that business entity or third party and possess the right and capability to agree to the terms of this Agreement on their behalf. Furthermore, you certify that no preexisting agreements prevent you from entering into this Agreement.

Privacy Policy

Bulk Ingredient Factory incorporates its Privacy Policy by reference as if fully restated herein. We encourage you to review our Privacy Policy to understand the personal and personally identifiable information we may collect from you when you use the Website, and how we may use that information.

Acceptable Use of the Website

By using the Bulk Ingredient Factory Website, you agree to use it solely for its intended purposes and in accordance with this Agreement and applicable laws. You are responsible for any breach of this Agreement and any losses suffered by Bulk Ingredient Factory, including monetary damages, costs, and attorneys' fees. Using the Website to violate any laws or third-party rights, including intellectual property and privacy rights, is strictly prohibited.

Additionally, you are prohibited from:

· Accessing the Website through non-standard web browsers.

· Using automated means to access the Website.

· Circumventing the Website's security measures.

· Vandalizing the Website.

· Using malware or harmful code in connection with the Website.

· Posting content to collect personal information from users.

· Disrupting the Website or its servers.

· Scraping, reproducing, reselling, or duplicating the Website or its content.

· Diverting customers to another website or service.

· Reverse engineering or disassembling the Website or its content.

· Assisting others in violating this Agreement.

Bulk Ingredient Factory reserves the right to modify, amend, or terminate the Website or its content at any time without notice. We also reserve the right to refuse service or access to the Website to any person or business entity at any time without notice."

Limited License to Use the Website

You acknowledge and agree that the Website is the property of, or is licensed by, Bulk Ingredient Factory and is protected by United States and international laws, including intellectual property and other personal and proprietary rights. Your use of the Website is governed by the license granted in this Agreement, and you expressly agree not to use the Website in any manner not authorized by this Agreement. Bulk Ingredient Factory retains all rights not expressly granted in this Agreement.

Bulk Ingredient Factory grants you a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to use the Website for its intended purposes. You are expressly prohibited from reproducing, creating derivative works of, distributing, publicly performing, or publicly displaying the Website.

User Account

"Bulk Ingredient Factory offers you the option to register a user account ("User Account"), which grants access to additional areas of the Website, including those designated for wholesale accounts. Your User Account is secured with a username and password. It is your responsibility to maintain the security and confidentiality of your username and password, and to ensure that your account is not accessed without authorization.

Bulk Ingredient Factory reserves the right to restrict, suspend, disable, or delete your User Account at any time, at its sole discretion, and without prior notice. By creating a User Account, you agree that Bulk Ingredient Factory may contact you through any available means, including email."

Ordering and Website Policies

You understand and agree that the Website and your User Account are subject to additional terms or policies, including Bulk Ingredient Factory's Bulk Discount Policies and Shipping Policies, which are incorporated by reference as if fully stated herein. Continued use of the Website after being presented with these policies signifies your acceptance and agreement to them. Bulk Ingredient Factory reserves the right to modify, amend, or replace these policies at any time, without prior notice, and at its sole discretion. Your continued use of the Website following any changes to these policies constitutes your agreement to and acceptance of those changes.

Payment

Submitting an order to Bulk Ingredient Factory through the Website constitutes an offer to purchase the listed products. Once you place an order, you will receive an email confirming receipt, indicating that your order has been received. This email does not signify acceptance of your order. Acceptance by Bulk Ingredient Factory occurs when the products are shipped to you.

Payment for all Website orders must be made at the time of ordering. You agree to pay all applicable taxes or charges imposed by any governmental entity related to your use of the Website or purchase of goods. All costs and fees are quoted and payable in United States Dollars. Bulk Ingredient Factory is not responsible for any foreign transaction fees or other fees charged by your financial institution or payment processor. You agree not to initiate any chargebacks to Bulk Ingredient Factory. Unauthorized chargebacks will result in you being responsible for any associated costs.

Product Pricing and Availability

Bulk Ingredient Factory strives to ensure that the products listed on the Website are in stock and priced accurately. However, occasionally, there may be discrepancies in pricing or stock levels. All product listings on the Website are invitations to deal, and Bulk Ingredient Factory reserves the right to adjust prices before shipment. If an incorrect price is identified or a product is out of stock, we will contact you promptly to inform you of the issue.

Shipping and Returns

At Bulk Ingredient Factory, we aim to provide a seamless shopping experience. To ensure reliable and timely deliveries, we utilize all major carriers. Please be advised that we do not ship via Cash on Delivery (COD), or to P.O. Boxes. All orders are shipped exclusively within the United States, currently we are not shipping internationally. Due to the nature of our products, we are unable to accommodate returns, exchanges, or refunds. All sales are final.

Proprietary Rights

You acknowledge and agree that the Website, including its source code, data, selection and arrangement, executable code, structure, and organization, contains valuable trade secrets and intellectual property of Bulk Ingredient Factory. Under this Agreement, you do not acquire any ownership rights to the Website or its data and content. You are granted only a limited license to use the Website, subject to the terms of this Agreement. All other rights are reserved by Bulk Ingredient Factory.

Trademark

You acknowledge and agree that all trademarks, trade names, design marks, or logos displayed on or through the Website by Bulk Ingredient Factory, including but not limited to BULK INGREDIENT FACTORY and bulkingredientfactory.com, are common law or registered trademarks owned by or licensed to Bulk Ingredient Factory. You are expressly prohibited from using these trademarks to cause confusion, mistake, or deception among consumers, or to falsely designate the origin, source, or sponsorship of your goods or services. Additionally, you are prohibited from using Bulk Ingredient Factory's trademarks in domain names, keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

Taxes

You agree to pay all taxes levied by governmental bodies, whether local, state, provincial, national, or international, related to your use of the Website. Bulk Ingredient Factory will report all payments received from you as income to the appropriate taxing authorities.

Term and Termination

This Agreement begins when you first access the Website and continues until the earlier of: (i) Bulk Ingredient Factory terminates your access to the Website, or (ii) you stop using the Website and terminate your Account. Bulk Ingredient Factory reserves the right to terminate the Website or your access at its sole discretion and without prior notice for any reason, including your breach of this Agreement.

Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information listed on the Website, provided with product shipment or after product has been received are either provided by third-party vendors or collected from publicly available sources. While Bulk Ingredient Factory makes reasonable efforts to ensure the accuracy of the information on this Website, we make no guarantees regarding its accuracy or reliability. Bulk Ingredient Factory makes no warranties or representations about any product offered by third-party vendors. Any reliance on representations and warranties provided by third-party vendors is at your own risk.

Disclaimer of Warranties and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED 'AS-IS' AND WITHOUT ANY WARRANTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE THAT BULK INGREDIENT FACTORY WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING FROM YOUR USE OF OR ACCESS TO THE WEBSITE OR TRANSACTIONS THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES DUE TO ERRORS OR OMISSIONS, AND DAMAGES FROM WEBSITE UNAVAILABILITY OR DOWNTIME. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT BULK INGREDIENT FACTORY'S LIABILITY IS LIMITED TO THE AMOUNT YOU PAID TO BULK INGREDIENT FACTORY OR $1,000, WHICHEVER IS LESS. BULK INGREDIENT FACTORY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING FROM YOUR USE OR MISUSE OF ITEMS PURCHASED THROUGH THE WEBSITE. ITEMS PURCHASED THROUGH THE WEBSITE ARE PROVIDED WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE IN SUCH A JURISDICTION, SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU. BULK INGREDIENT FACTORY WILL NOT BE LIABLE UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, PERSONAL INJURY, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING FROM YOUR USE OR MISUSE OF ITEMS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, LOSS OF BUSINESS, LOSS OF INCOME, LOSS OF PROFITS, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT. YOU AGREE THAT YOUR USE OF ITEMS PURCHASED THROUGH THE WEBSITE IS AT YOUR OWN RISK AND THAT BULK INGREDIENT FACTORY'S LIABILITY IS LIMITED TO THE AMOUNT YOU PAID TO BULK INGREDIENT FACTORY OR $1,000, WHICHEVER IS LESS. ALL INFORMATION ON THE WEBSITE, INCLUDING DETAILS ABOUT MEDICAL AND HEALTH CONDITIONS, PRODUCTS, AND TREATMENTS, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THIS INFORMATION IS OFTEN SUMMARIZED OR AGGREGATED AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS OR FOR ANY INFORMATION CONTAINED ON PRODUCT PACKAGING OR LABELS. BULK INGREDIENT FACTORY IS NOT RESPONSIBLE FOR ANY CLAIMS MADE BY MANUFACTURERS ABOUT THEIR PRODUCTS AND IS NOT LIABLE FOR TYPOGRAPHICAL ERRORS OR CHANGES IN PRODUCT FORMULATION. THE INFORMATION ON THIS SITE SHOULD NOT BE USED FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING MEDICATION. ALWAYS CONSULT YOUR PHYSICIAN AND MEDICAL ADVISORS ON ALL INFORMATION PROVIDED BY PRODUCT MANUFACTURERS ON PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THIS SITE. ALWAYS CONSULT YOUR PHYSICIAN AND MEDICAL ADVISORS. STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR ILLNESS.

Indemnification

You agree to indemnify, defend, and hold harmless Bulk Ingredient Factory, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives, from any and all losses, including costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your purchase of any item through the Website, (iii) your violation of any term or condition of this Agreement, (iv) your violation of the rights of third parties, including intellectual property rights or other personal or proprietary rights, and (v) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend Bulk Ingredient Factory does not give you control over its defense. Bulk Ingredient Factory reserves the right to control its defense, including the choice of counsel and the decision to litigate or settle any claim subject to indemnification."

Choice of Law and Stipulation to Jurisdiction

You and Bulk Ingredient Factory agree that any dispute arising out of or related to this Agreement or your use of the Website, including your purchase or use of products through the Website, will be governed by the laws of the State of New Jersey, without regard to its conflict of laws rules. The validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods.

Except for claims for injunctive relief by either party, you and Bulk Ingredient Factory agree that any dispute or controversy arising out of or in connection with this Agreement, your use of the Website, or products purchased through the Website, including any disputes concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act. The arbitration will take place in Pennington New Jersey, or at the option of the party seeking relief, by telephone, online, or via written submissions alone. It will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules by one arbitrator appointed in accordance with those rules. The arbitration will be conducted in English, and the arbitrator's decision will be final and binding. Judgment on any award may be entered in any court having jurisdiction.

Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction. The parties agree to keep confidential all arbitration awards, confidential information, materials in the proceedings, and documents produced by the other party, except as required by law or to protect or pursue a legal right or enforce or challenge an award.

The arbitrator shall award all fees and expenses, including reasonable attorney's fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

Any dispute resolution proceeding arising out of or related to this Agreement or the purchase or use of items from the Website will be conducted only on an individual basis and not in a class, consolidated, or representative action. You and Bulk Ingredient Factory agree that class action and representative action procedures will not apply to any arbitration pursuant to these terms. Any claims must be brought within one year of the applicable invoice or will otherwise be barred.

Force Majure

Bulk Ingredient Factory will not be held responsible for any delay or failure in the performance of the Website or its associated products due to causes beyond its control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, shipping delays, accidents, or other events outside its control.

Survivability

The representations, warranties, duties, and covenants you make under this Agreement will survive the termination of this Agreement, your Account, or the Website. This includes, but is not limited to, your duty to indemnify and defend Bulk Ingredient Factory.

Interpretation

This Agreement is considered to have been drafted by both parties, and its terms and conditions will not be interpreted against the drafter.

Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. Bulk Ingredient Factory reserves the right to assign its rights and duties under this Agreement, including in a sale of Bulk Ingredient Factory or its Website.

Waiver and Integration

No term or condition of this Agreement, nor any breach thereof, will be deemed waived or consented to unless such waiver is in writing and signed by the party to be charged. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or representations.