Terms of use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THE WEBSITE AND SERVICES IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS TO THIS WEBSITE, YOU ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE  PRIVACY POLICY  STATEMENT , AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME.

The Site

These terms and conditions of use ("Terms of Use") regulate your use of the website https://www.incredibowl.com ("Site"). The Site is owned and operated by Pattern Inc. (“we” or “Pattern”). Pattern is an authorized vendor of Post Consumer Brands, LLC (“Post”), operating the Site under the authorization of Post. We can be contacted through our Contact Us page, managed by our customer service team. We use the Site to promote and provide information on Post’s products, as well as on Post’s stores and promotional initiatives.

On the Site you can also purchase Post’s products. Purchases on the Site are subject to these Terms of Use.

Account Registration

To access certain functionalities of the Site (for example to review your order history), you are required to register and open a personal account (“Account”). You will be responsible for all the activities that occur under your Account unless your Account was demonstrably being used by a third party without your consent. You are responsible for protecting your access credentials and keeping them confidential. We or Post are not liable for any loss or damage incurred by you due to your failure to comply with these obligations. We may terminate or suspend your Account, at any time and without prior notice if: (i) we believe that you are using your Account in breach of these Terms of Use, (ii) we believe that a third party is using your Account without your consent, or (iii) for reasonable security or maintenance purposes. You can cancel your Account at any time by contacting Customer Service through our Contact Us page.

Submissions and use of the Site are made available only to persons over the age of 16 and to persons who can form legally binding agreements under applicable law.  Although users of all ages are welcome to browse the Site, the Site is not intended to be used by children under the age of 16 and children under the age of 16 are not to submit any personally identifying information through the Site.  In addition, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Site and in order to access/use some features on the Site, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your devices. All activities that occur under your account or password shall be your responsibility.

Use of Data

In order to enable you to access the functionalities of the Site, including areas for registered users or newsletter subscription, we may ask you to provide certain personal data. The processing activities we carry out on such data are described in our Privacy Policy. If you do not agree with our practices and policy regarding processing of personal data, we invite you to immediately stop using this Site.

User Content

The Site includes sections which enable users to upload user-generated content ("UGC"). For example, you may be able to upload photographs or to post comments.  In relation to such UGC, neither Post nor Pattern is responsible or liable for any UGC you may encounter on or through the Site. To the fullest extent permitted by law, Post shall not be liable for any damage that results from the conduct of other Site users (whether online or offline) or attendance at a Post event or any UGC, even if Post or Pattern has been advised of the possibility of such damages.

You must not provide any UGC which is illegal, obscene, indecent, libelous, which fosters racial, ethnic, sexual discrimination or hatred or which infringes any third-party intellectual property or personal data protection rights. You must not provide any UGC which contains any data, including pictures, of minors. We reserve the right to remove from the Site any UGC which, in our sole discretion, does not meet the above requirements. If such UGC is removed from the Site, the Account of the relevant uploader may be suspended or terminated.

By submitting any UGC to the Site, you warrant you are entitled to do so and to have obtained, where necessary, all due consents by the relevant third-parties (for example intellectual property right-holders or personal data subjects). Such content shall be deemed non-confidential and non-proprietary. In relation to the UGC provided by you, you grant us and Post an unlimited, exclusive, worldwide, sub-licensable, free of charge license to use such UGC in any way and for any purposes, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it.

Do not send through the Site any content, item or information that you do not want to become subject to the above terms.

Intellectual Property

All intellectual property on the Site (except for UGC) is owned by Pattern, Post or its respective licensors, which includes materials protected by copyright, trademark, or patent laws. All Post trademarks, service marks and trade names are owned, registered and/or licensed by Post. All content on the Site (except for UGC), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work is protected by copyright and is the proprietary property of Pattern, Post or its respective licensors. ALL RIGHTS RESERVED.

Our Liability and Disclaimer of Warranties

We work hard to make this Site interesting and user-friendly, but we cannot guarantee that our users will always find everything to their liking. Please read this disclaimer carefully before using our Site.

YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH IT, YOU DO SO AT YOUR OWN RISK.

THIS SITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. WE, POST, AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ABSENCE OF DEFECTS THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO THEY GUARANTEE THAT THIS SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PATTERN, POST, AND THEIR AFFILIATES, AGENTS AND LICENSORS, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE INFORMATION CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, BUSINESS, SAVINGS, DATA AND THIRD PARTIES’ CLAIMS EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OF LIABILITY ARE APPLICABLE WITHIN THE STATE OF NEW JERSEY.  IN ADDITION, CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU.   

THIS SITE MAY CONTAIN ELEMENTS OR LINKS TO WEBSITES MAINTAINED BY OTHER COMPANIES, INDIVIDUALS OR AGENCIES WHICH ARE PROVIDED AS A CONVENIENCE TO SITE USERS. THESE ELEMENTS OR LINKED WEBSITES ARE NOT UNDER OUR CONTROL AND ARE PROVIDED MERELY AS A CONVENIENCE. THE INCLUSION OF SUCH ELEMENTS OR LINKS DOES NOT IMPLY ANY ENDORSEMENT, AND NEITHER PATTERN OR POST PROVIDE ANY WARRANTY IN RELATION TO SUCH ITEMS, NOR ARE THEY RESPONSIBLE FOR THE ACCURACY OF INFORMATION ON SUCH ELEMENTS OR WEBSITES. NEITHER PATTERN NOR POST MONITORS OR REVIEWS THE CONTENT OF SUCH THIRD-PARTY WEBSITES AND THEREFORE ADVISES YOU THAT YOUR ACCESS BY LINK TO THIRD PARTY WEBSITES IS AT YOUR OWN RISK. ALL THE ASPECTS REGARDING SUCH ELEMENTS OR WEBSITES (INCLUDING RULES ON USE AND CONTENT) ARE GOVERNED BY THE RELEVANT THIRD-PARTY TERMS AND CONDITIONS, WHICH WE INVITE YOU TO READ.

THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES ONLY TO YOUR USE OF the WEBSITE, AND DOES NOT APPLY TO POST PRODUCTS.  INFORMATION CONCERNING WARRANTIES FOR POST PRODUCTS CAN BE FOUND .

Indemnification

You agree to indemnify and defend Pattern, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your UGC, your use of Content, your use of the Site, your conduct in connection with the Site or with other Site users, or any violation of these Terms of Use, any law or the rights of any third party.

You agree to indemnify and defend Post, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your UGC, your use of Content, your use of the Site, your conduct in connection with the Site or with other Site users, or any violation of these Terms of Use, any law or the rights of any third party.

Applicable Law

Your use of this site shall be governed in all respects by the laws of the State of Utah. As such, the laws of Utah, without regard to its conflicts of laws rules, will govern these disclaimers, limitations of liability, and terms and conditions. The state and federal courts located in Salt Lake City, Utah shall have exclusive jurisdiction in connection with any disputes arising out of the use of the Site and/or in any way related to the use of the Site or to these Terms of Use.

Contact Us

If you have any questions about these Terms of Use, please contact Pattern at 1441 W. Innovation Way, Suite 500, Lehi, UT 84043 or email us at privacy@pattern.com.

The Terms of Use are effective as of January 26, 2022.