Terms of Use

Effective Date 1/18/2021

Please read the following Terms of Use carefully before using our websites (the “Site”) and any online services provided by MoMi5 Nutrition (hereinafter sometimes referred to as “we”, “us”, or “our”) that post a link to these Terms of Use (the “Service”).  All users of this S agree that access to and use of this Site are subject to the following Terms of Use, Privacy Policy, and other applicable law.  If you do not agree to these Terms of Use, please do not use this site.

This Site is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Site if you are a minor.

1.            Accuracy, Completeness, and Timeliness of Information. 

1.1          At times there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.  We reserve right to correct any errors, inaccuracies, or omissions, and to change or update information if any information on the Site is inaccurate at any time without prior notice.  We undertake no obligation to update, amend, or clarify information on the Site.  No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated.  You agree that it is your responsibility to monitor changes to the Site.

1.2          We are not responsible if information made available on the Site is not accurate, complete, or current.  The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.  Any reliance on the material on the Site is at your own risk.  The Site may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.

2.            Products or Services.

2.1          Not all products or services depicted via the Service may be available in all areas or at all times and pricing and availability may vary by location.  We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction as permitted by applicable law.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at any time without notice, at the sole direction of us.  We reserve the right to discontinue any product at any time.

2.2          We have made every effort to display as accurately as possible our products and services, including colors and images of our products, and information and pricing about them.  However, as permitted by applicable law, we do not guarantee accuracy.  Further, subject to applicable law, we do not warrant that the quality of any product, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Service will be corrected.

3.            Third-Party Services.  We may provide you with access to third-party content, tools, and service over which may have no control or input (e.g., social media plug-ins such as “like buttons” (the “Third-Party Services”).  You acknowledge and agree that we provide access to such Third-Party Service “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement, and that the use of these Third-Party Services is subject to the third-party operator’s own terms of use, privacy policy, and data and other practices (which we advise you to review before using the Third-Party Service).  Any use by you of Third-Party Services available through our Service is entirely at your own risk and direction.

4.            Third-Party Links.  Third-party links on the Service may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy of third-party locations linked to from our Service and we do not warrant and will not have liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

5.            Personal Information.  Your submission of personal through the Service is governed by our Privacy Policy.  By using our Services you also consent to our practices as set forth in our Privacy Policy, available at www.clockworkbars.com/privacy-policy.

6.            Content and Intellectual Property.  The Service and all of its content (the “Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (the “Intellectual Property”), are owned or controlled by Lang Pharma Nutrition, Inc. (d/b/a MoMi5 Nutrition), our licensors, and certain other third parties.  All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of MoMi5, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible.  MoMi5 Nutrition owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

7.            Disclaimer of Warranties; Limitation of Liability. 

7.1          We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.  You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.  You expressly agree that your use of, or inability to use, the Service is at your sole risk.  The Service and all products and services delivered to you through the Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

7.2          In no case shall MoMi5 Nutrition, our directors, officers, employees,  affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of, or the inability to use, of any of the Service or  any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if  advised of the possibility.  Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, and in such states or jurisdictions, our liability shall be limited to the maximum permitted by applicable law.

8.            Indemnification.  To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless MoMi5 Nutrition and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, made by any third-party due to or arising from or relating to, any actual or alleged breach by you of these Terms of Use or the documents they incorporate by reference, your use of the product, or your violation of any law or the rights of a third-party.

9.            Arbitration Agreement & Waiver of Certain Rights.

9.1          You and MoMi5 Nutrition agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and MoMi5 Nutrition hereby waive any right to a jury trial of any Claim.  All controversies, claims, counterclaims, or other disputes arising between you and MoMi5 Nutrition (each a "Claim") shall be submitted for binding arbitration in accordance with the Federal Arbitration Act, conducted by the American Arbitration Association, or a similar arbitration service selected by the parties.  The arbitration will be heard and determined by a single arbitrator.  The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

9.2          This arbitration agreement does not preclude you or MoMi5 Nutrition from seeking action by federal, state, or local government agencies.  You and MoMi5 Nutrition also have the right to bring qualifying claims in small claims court.  In addition, you and Lang Pharma Nutrition, Inc. retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use.

9.3          Neither you nor MoMi5 Nutrition may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim.  Claims may not be arbitrated on a class or representative basis.  The arbitrator can decide only your and/or MoMi5 Nutrition, Inc.'s individual Claims.  The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

9.4          If any provision of this Section 9 is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 9 shall continue in full force and effect.  No waiver of any provision of this Section 9 of the Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement.  Such a waiver shall not waive or affect any other portion of this Terms of Use. This Section 9 of the Terms of Use will survive the termination of your relationship with Lang Pharma Nutrition, Inc.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN APPLICABLE ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MOMI5 NUTRITION WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

10.          Terms and Termination.  These Terms of Use are applicable to you upon your accessing the Site. These Terms of Use, or any part of them, may be terminated by us without notice at any time, for any reason.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all parties, to include but limited to, the provisions relating to Trademark, Limitation of Liability, Indemnification, and Miscellaneous Provisions, shall survive any termination.

11.          Notice.  We may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Clockwork.

12.          Contact Information. Questions about the Terms of Use should be sent to us at hello@clockworkbars.com.

13.          Miscellaneous Provisions.

13.1        These Terms of Use and any policies or operating rules posted by us on this Service or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).  Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

13.2        Any action relating to the use of the Services, mobile applications, catalogs or any transaction with us must be brought in the state or federal courts located in the County of Newport, State of Rhode Island.  You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

13.3        These Terms of Use shall be governed by and construed in accordance with the laws of the State of Rhode Island, without giving effect to any conflict of laws rules or provisions.

13.4        Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

13.5        If any provision of these Terms of Use is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability of any other provisions.

13.6        The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.

13.7        We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.