Terms of service
The following Terms of Use are an agreement entered into by and between you (“User,” “You,” “Your,” or “Customer”) and Adams Extract & Spice, LLC (“Adams,” “we,” “us,” or “our”).
The following Terms of Use, together with any documents they incorporate by reference (including without limitation, our Privacy Policy and other policies that we may implement or reference from time to time) (collectively, the “Terms”), govern your access to and use of Adams1888.com, including any content, functionality, and services offered on or through Adams1888.com or any Adams applications, and any related applications, products, or services (collectively, the “Website”), whether as a guest or a registered user.
Please read these Terms carefully before you start to use the Website. If you do not want to agree to these Terms, you must not access or use the Website.
These Terms also incorporate an Arbitration Clause and Class Action Waver which requires that most disputes be resolved through arbitration and not through court proceedings.
1. Agreement to Terms & Acceptance
1.1. These Terms constitute a legally binding agreement between You and Adams, governing Your use of the Website, any purchases, and any interaction with our services.
1.2. By accessing, browsing, or using the Website or by clicking accept or agree to the Terms if this option is made available to you, you accept and agree to be bound and abide by these Terms.
1.3. By using this Website, you represent and warrant that you are at least 18 years old (or at least 13 years old with parental or legal guardian consent).
2. Changes to the Terms
2.1. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
2.2. Any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
2.3. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
2.4. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. You are responsible for reviewing the most current Terms before making purchases.
2.5. If you do not agree to any posted changes, your sole and exclusive remedy is to immediately cease all use of the Website.
3. Scope of Services
On the Website, Adams operates as an online retailer selling extracts, spices, spice blends, and related products. Adams also offers information on our products along with recipes and usage ideas.
4. Product Sales and Pricing
4.1. Prices listed on the Website are in U.S. dollars and are subject to change without notice. We cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Website. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
4.2. If a product is listed at an incorrect price, we reserve the right to cancel the order and provide the option to reorder at the correct price.
4.3. Adams reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Adams also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Service, “reselling” will be defined as purchasing or intending to purchase any Product(s) from us for the purpose of engaging in a commercial sale of the same Product(s) to a third party.
5. Order Processing Payment and Shipping
5.1. By providing payment information, you represent that you are authorized to use the payment method. We reserve the right to cancel orders that fail authorization.
5.2. We ship to select locations within the United States. Estimated shipping times are not guaranteed and may be affected by external factors. Please see our FAQs for more information.
5.3. Risk of loss transfers to you upon delivery to the shipping carrier. But please see our FAQs for more information.
5.4. If an item is out of stock, you will receive notice. You may be given the option to back order it. Back orders are subject to availability, and we reserve the right to cancel back orders at any time.
6. Online Purchases and Other Terms and Conditions
6.1. Additional terms and conditions regarding purchases from the Website may also be set forth on the Website that apply to specific purchases, portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
7. Geographic Restrictions
7.1. The owner of the Website is based in the state of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain people or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Additionally, Adams may not honor orders from outside the United States.
8. Returns & refunds
8.1. Returns are generally not accepted due to FDA regulations. Please see our FAQs for more information.
8.2. Refunds will be issued on a case-by-case basis at Adams’ sole discretion. Please see our FAQs and contact Adams for more information and refund consideration.
9. Information About You and Your Visits to the Website
9.1. The information we collect on the Website, and via use of the Website, is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
10. Links from the Website
10.1. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. Intellectual Property Rights
11.1. The Website and its entire contents, features, and functionality (including but not limited to all trademarks, information, source code, software, text, illustrations, displays, images, graphics, photographs, video, and audio, and the design, selection, and arrangement thereof) (collectively the “Materials”) are owned by Adams, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
11.2. These Terms grant You a limited, non-exclusive, revocable license to use the Website.
11.3. Unless You obtain Adams’ written permission, You must not:
11.3.1. Use, reproduce, create derivative works, distribute, publicly perform, publicly display, digitally transmit any of the Materials.
11.3.2. Use any of the Materials in contravention of any trademark, copyright, or other law.
11.3.3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
11.4. If you wish to make any use of Material on the Website, please address your request to: hello@adams1888.com.
11.5. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website and/or Materials is transferred to you, and all rights not expressly granted are reserved by Adams. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
12. Trademarks
12.1. Adams’ names and trademarks, including but not limited to, ADAMS, FOR REAL, BUTCHER BLOCK PROVISIONS, and a licensed use of CRAYOLA, and all related names, logos, product and service names, designs, and slogans are trademarks of Adams or its affiliates or licensors. You must not use such marks without the prior written permission of Adams. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
13. Digital Millennium Copyright Act (DMCA) Compliance
If you believe any User Contributions or content on the Website infringes your copyright, you may submit a DMCA takedown notice with the following details:
13.1. Your contact information
13.2. A description of the copyrighted work
13.3. The infringing content’s location on the Website
13.4. A statement that You have a good faith belief the content is unauthorized
13.5. A sworn statement confirming the accuracy of Your complaint
13.6. Send DMCA requests to info@adams1888.com.
14. Privacy
14.1. You acknowledge that any personal information that you provide through the Website will be used by Adams in accordance with our Privacy Policy, which may be updated by Adams from time to time. For more information on our Privacy Policy, please follow the link below: https://www.Adams1888.com/privacy-policy
15. Accessing the Website, Account Security and User Conduct
15.1. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
15.2. We reserve the right to terminate or suspend your access to the Website at any time for any reason, including suspected violations of these Terms.
15.3. You are responsible, without limitation, for:
15.3.1. Making all arrangements necessary for you to have access to the Website.
15.3.2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
15.3.3. To access certain features of the Website, you may be required to register an account. You must provide accurate information and keep login credentials secure.
15.3.4. Each individual may only create one account. Attempts to create multiple accounts may result in termination. You must not impersonate others, create multiple accounts for fraudulent purposes, or engage in unauthorized use of another user’s account.
15.3.5. If suspicious activity occurs, contact us immediately at info@adams1888.com. You are responsible for maintaining the confidentiality of your account credentials.
15.4. In connection with the Website, you agree not to:
15.4.1. Use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries or any laws regarding the sale or distribution of alcohol beverages).
15.4.2. Use the Website for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise or for the purpose of selling or promoting the sale of alcohol beverages.
15.4.3. Use the Website to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
15.4.4. Use the Website to impersonate or attempt to impersonate Adams, an Adams employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
15.4.5. Use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Adams or users of the Website or expose them to liability.
15.4.6. Use the Website for any unlawful, fraudulent, or malicious purposes.
15.4.7. Engage in abusive, harassing, defamatory, or offensive behavior.
15.4.8. Attempt to disrupt, hack, or compromise Website security.
15.4.9. Make available through or in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
15.4.10. Use automated means (e.g., bots, crawlers) to access the Website, use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any materials or content, or reproduce or circumvent the navigational structure or presentation of the Website, without Adams's express prior written consent.
15.4.11. Harvest or collect information about users of the Website.
15.4.12. Interfere with or disrupt the operation of the Website or the systems, servers, or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.
15.4.13. Restrict or inhibit any other person from using the Website.
15.4.14. Reverse engineer, decompile, or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.
15.4.15. Frame or mirror any portion of the Website or otherwise incorporate any portion of the Website into any product or service, unless you obtain Adams' express prior written consent to do so.
15.4.16. Systematically download and store any materials or content.
15.4.17. Use the Website, brand names, logos, or trademarks, to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a trademark, logo, URL, or product name without Adams’ written consent.
15.4.18. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
15.5. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
15.6. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
15.7. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
15.8. Customers must ensure their account remains in good standing. Adams reserves the right to deny future transactions if there are outstanding disputes, unpaid balances, chargebacks, or violations of prior terms.
15.9. Terms and pricing may have changed since a former customer’s last purchase. It is the customer’s responsibility to review any changes to refund policies, price match policies, warranties, and service availability, before completing a new transaction.
15.10. If an individual’s account was previously closed, suspended, or restricted, Adams may require additional verification or approval before allowing future purchases.
15.11. Prior customer status does not automatically grant eligibility for all products or services. Adams reserves the right to approve or decline future purchases at its sole discretion.
16. Reliance on Information Posted in Website
16.1. The information presented on or through the Website is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from use occurrences. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
16.2. The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Adams, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Adams. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
17. Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
18. User Contributions
18.1. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
18.2. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings and these Terms.
18.3. You represent and warrant that You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
18.4. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Adams, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
18.5. Adams is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
18.6. Adams has the right, for any or no reason and in our sole discretion, to:
18.6.1. Remove or refuse to post any User Contributions.
18.6.2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Adams.
18.6.3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
18.6.4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
18.6.5. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
18.7. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
18.8. YOU WAIVE AND HOLD HARMLESS ADAMS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
18.9. However, we cannot and do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
19. California Privacy Rights Act (CPRA) Compliance
If you are a California resident, you have the following rights under the California Privacy Rights Act (CPRA):
19.1. Right to Know: You may request information about the categories of personal data we collect, the sources of this data, and the purposes for which it is used.
19.2. Right to Access & Portability: You may request a copy of your personal information in a structured, machine-readable format.
19.3. Right to Opt-Out of Sale or Sharing: Adams does not sell personal data, but if we engage in data sharing for targeted advertising, you may opt out.
19.4. Right to Deletion: You may request deletion of your personal data, subject to legal retention requirements.
19.5. Right to Correct Inaccuracies: If any of your personal data is inaccurate, you may request corrections.
19.6. Submitting CPRA Requests: To exercise your CPRA rights, contact us at info@adams1888.com or call 1-830-300-8047. We will verify your identity before processing requests.
19.7. No Discrimination: We will not discriminate against you for exercising CPRA rights.
20. Disclaimer of Warranties
20.1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
20.2. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. ANY USE OF THE WEBSITE IS AT YOUR OWN RISK. ADAMS DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (II) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; AND (III) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ADAMS DISCLAIMS ANY AND ALL SUCH WARRANTIES. ADAMS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND ADAMS WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS. IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH USER RELEASES ADAMS FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
21. Limitation on Liability
21.1. IN NO EVENT SHALL ADAMS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) LOST PROFITS, LOSS OF USE, LOST REVENUE, LOSS OF BUSINESS OR LOSS OF OR INACCURATE DATA, INTERRUPTION OF BUSINESS, (II) EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR (III) COST OF COVER, RECOVERY OR RECOUPMENT OF ANY INVESTMENT, EACH OF WHICH IS HEREBY EXCLUDED, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.2. IN NO EVENT SHALL ADAMS’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, COSTS, LOSSES, DAMAGES, JUDGMENTS, FINES, PENALTIES, PENALTIES, INTEREST, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS OF ANY INVESTIGATION, DEFENSE, AND SETTLEMENT) FOR ANY REASON WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, EXCEED THE AMOUNT YOU HAVE PAID TO ADAMS IN THE LAST 6 MONTHS FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE. THE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES.
21.3. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Indemnification
You agree to defend, indemnify, and hold harmless Adams, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
23. Governing Law and Jurisdiction
23.1. All matters relating to the Website, use of the Website, purchases made on the Website, these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
23.2. Any disputes not subject to arbitration shall be litigated exclusively in either the state courts in Gonzales County, Texas, or the federal courts in the Western District of Texas – San Antonio Division.
23.3. Each party consents to the exclusive jurisdiction and venue listed herein (such courts having territorial and subject matter jurisdiction over the dispute).
24. Arbitration
24.1. You and Adams agree that any dispute, controversy, or claim arising out of, relating to, or in connection with the Website or these Terms, will be resolved by confidential and binding arbitration in accordance with this Section. Such arbitration will be conducted pursuant to the Federal Arbitration Act, and held in Miami, Florida. The arbitration will be conducted according to the Commercial Arbitration Rules of the American Arbitration Association then in effect, subject to the provisions of this Agreement. The American Arbitration Association (“AAA”) will administer the arbitration. The parties expressly agree that any such arbitration and the contents of the same, including, but not limited to, any motion, pleading, discovery, and testimony, is to be held strictly confidential and the arbitrator(s) shall issue an order to such effect. The arbitrator(s) may enter a default decision against any party who fails to participate in the arbitration proceedings. A judgment may be entered on the arbitrators’ award in any court of competent jurisdiction; provided, that, any such award shall be kept confidential and filed under seal with the appropriate court. The prevailing party, as determined by the arbitrator(s), will be awarded its attorney’s fees and all expenses of arbitration, including fees paid to experts and arbitrators. Notwithstanding the foregoing, an action by a party to obtain emergency temporary injunctive or equitable relief relating to the unauthorized disclosure of Confidential Information under this Agreement will be permitted and will not constitute a waiver of its right to arbitrate. In any dispute, NEITHER YOU NOR ADAMS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER WEBSITE USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
24.2. YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING (I) ARISING UNDER THESE TERMS OR (II) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE WEBSITE, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER IN CONTRACT, TORT, EQUITY, OR OTHERWISE (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY SEEKING EQUITABLE RELIEF). YOU CERTIFY AND ACKNOWLEDGE THAT YOU UNDERSTAND AND HAVE CONSIDERED THE IMPLICATIONS OF SUCH WAIVERS, AND YOU MAKE SUCH WAIVERS VOLUNTARILY.
25. Class Action Waiver
You agree that all claims must be brought individually and not as part of a class action.
26. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
27. Waiver and Severability
27.1. No waiver by Adams of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Adams to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
27.2. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
27.3. If the Arbitration Agreement is found unenforceable, claims must be resolved individually in court.
28. Force Majeure
Neither Party shall be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including without limitation, acts of God, war, riot, terrorism, embargoes, union disputes and strikes, acts of civil or military authorities, pandemic, fire, floods, earthquakes, or fuel crises, provided that such Party gives prompt written notice thereof to the other Party and uses its diligent efforts to resume performance.
29. Fair Interpretation of these Terms
These Terms shall be interpreted according to their fair meaning and not for or against any party.
30. Entire Agreement
The Terms constitute the sole and entire agreement between you and Adams regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. These Terms are not intended to supersede or alter any other specific terms as may be agreed to between you and Adams.
31. Contact us
This website is operated by:
Adams Extract & Spice, LLC
3217 Johnson Rd.
Gonzales, TEXAS UNITED STATES 78629
Customer Service 1-830-300-8047
Feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: hello@adams1888.com.
