TERMS OF USE

Last Updated: April 9, 2026

NOTICE OF MANDATORY ARBITRATION PROVISION:

1. INTRODUCTION AND ACCEPTANCE

Bar Keeper’s Friend, its affiliates, subsidiaries, and brand divisions (collectively, “we,” “us,” “our,” or “BKF”) offer you access to its website www.barkeepersfriend.com (the “Website”), its features, and any of its associated services (together, our “Offerings”). These Terms of Use, together with our Privacy Policy and any Additional Terms between us which might apply to certain products or services, govern your use of our Offerings.

Please read these Terms of Use carefully before using our Offerings. By using any of our Offerings (other than to read these Terms of Use for the first time), you are agreeing to comply with and be bound by these Terms of use, which may change from time to time as set forth in the “amendment; ADDITIONAL TERMS” section below. If you do not agree to be bound by these Terms of use, do not ACCESS OUR WEBSITE OR use ANY OF our Offerings. Use of the Offerings shall be deemed as acceptance of the following Terms and Conditions.

If you USE OR ACCESS the WEBSITE OR OTHER Offerings on BEHALF OF A BUSINESS, ORGANIZATION, OR OTHER LEGAL entity, you represent and warrant that: (a) you have the authority to bind such organization to these Terms of use; (b) you will ensure that the organization and any of its users COMPLY with these Terms of use; and (c) you UNDERSTAND and agree that any breach of these Terms of use by the organization or any of its users shall be deemed a breach by you.

1. INTELLECTUAL PROPERTY

Our Offerings and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Offerings and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Offerings (collectively, the “Offering Content”) and the products and any content associated with the products are owned by us, our licensors, our affiliates and/or identified third parties. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Offerings, Offering Content, products, or any other proprietary content. Any rights not expressly granted in these Terms of Use are expressly reserved.

1. ACCESS AND USE
1. We may offer certain portions of our Offerings at no charge, for a one-time fee, on a recurring basis, or under any other lawful pricing structure. In all instances, our Offerings are not being sold to you; rather, you are being granted a limited license to use our Offerings for your personal and non-commercial purposes.
2. Our Offerings are provided for use by you or your organization for personal or non-commercial use only. When using our Offerings, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Offering Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install or print Offering Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing, or printing Offering Content and that BKF reserves the right to discontinue access to the Offering Content, in whole or in part, at any time.
3. Any software that is made available to view and/or download in connection with our Offerings is owned or controlled by us and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. We accept no responsibility or liability in connection with any software owned or controlled by third parties.
4. To the extent that our Offerings contain links to outside services and resources, we do not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to that particular service or resource.
5. Acceptable Use/Restrictions. Furthermore, except as expressly permitted in these Terms of Use, you may not:
1. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Offerings or Offering Content;
2. Circumvent, disable, or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Offering Content;
3. Use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Offerings or Offering Content for any purpose (except for that which routinely occurs through the use of bona fide search engines) without our express written permission;
4. Collect or harvest any personally identifiable information or non-personally identifiable information from our Offerings including, without limitation, user names, passwords, email addresses; 
5. Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
6. Attempt to or interfere with the proper working of our Offerings or impair, overburden, or disable the same;
7. Decompile, reverse engineer, or disassemble any portion of our software or other Offering Content, or our Offerings;
8. Use network-monitoring software to determine architecture of or extract usage data from our Offerings;
9. Encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity;
10. Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
11. Engage in any conduct that restricts or inhibits any other user from using or enjoying our Offerings.
6. You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
7. You understand and agree that your use of the Offerings and/or Offering Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Offerings and Offering Content.
2. ACCOUNT REGISTRATION AND SERVICE & PROMOTIONAL MESSAGES
1. In order to access or use some features of our Offerings, you may have to become a registered user. If you are under the age of eighteen (18), then you are not permitted to register as a user, sign up for any promotional messages, or otherwise provide us any personal information.
2. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you may create a username and password (an “Account”). You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to contact us via the “Contact” information at the bottom of the page on our Website immediately, if you become aware of any actual or suspected breach of security or unauthorized access to or use of your Account or our Offerings.
3. Service Messages. You acknowledge and agree that from time to time, you may receive service-related communications from us, such as Account registration, payment confirmations, security alerts, changes to these Terms of Use or the Privacy Policy, and other administrative and transactional notices. You authorize such communications by registering an Account, by providing your contact information, or by entering an agreement with BKF that contemplates use of the Offerings. These communications are necessary to provide our Offerings, and you may not be able to opt out of them while maintaining an active Account or continued access to the Offerings.
4. Promotional Messages. Our Offerings may include sending you promotional e-mails/newsletters and/or text/SMS messages. These are typically recurring message programs that, upon registration, results in messages being automatically sent to you until you unsubscribe via any of our disclosed methods. To receive any these communications from us, you will be required to register and provide certain information about you (e.g., full name, street address, e-mail address, mobile number, etc.). Our use of the information you provide is governed by our Privacy Policy.
1. Emails/Newsletters. You may opt-out of receiving our e-mails/newsletters as set forth in our Privacy Policy, or by using the options included in the communication we send you (e.g., using the “Unsubscribe” feature provided in the footer of our emails).
2. Text/SMS Messages. In addition to these Terms of Use, the following specific terms apply to our recurring Text/SMS Message Service (“Message Service”). Consent to the Message Service is not a condition of purchase.

(1) unless we explicitly tell you otherwise in advance, we will not charge you for the Message Service. However, “Message and Data Rates May Apply”; which means that, depending on your service plan with your wireless services carrier, you may be charged message and/or data charges by your wireless carrier for each message;

(2) by enrolling in the Message Service, you certify that you are either the account holder or otherwise responsible for paying any wireless carrier charges associated with the Message Service or, if you are under the age of 18, that you have the permission of the account holder/person responsible for any such charges;

(3) depending on your settings and preferences, we may send you up to eighteen (18) messages per month through our Message Service;

(4) you may opt-out of receiving messages from us as set forth in our Privacy Policy, or by texting “STOP” as a reply to any of our messages;

(5) if you have any questions about our Message Service or need assistance, you may text “HELP” as a reply to any of our messages;

(6) we are not aware of any wireless carriers that do not support our Message Service, however, you must have a text or SMS enabled mobile phone;

(7) we do not guarantee or warrant that you will receive all or any of our messages; and

(8) our Message Service may be administered by a third party (the “Administrator”) and reserve the right to condition use of our Message Service to your acceptance of applicable Administrator terms and conditions. 

1. USER CONTENT
1. We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Offerings (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Offerings. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
2. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
3. You represent, warrant, and covenant that you will not submit any User Content that:

1. Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
2. Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law;
3. Encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
4. Is an advertisement for goods or services or a solicitation of funds;
5. Includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
6. Contains a formula, instruction, or advice that could cause harm or injury; or
7. Is a chain letter of any kind.

For the avoidance of doubt, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Offerings will not be permitted.

1. By submitting User Content to us, simultaneously with such posting you automatically grant, represent, or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (i) in connection with our business; and (ii) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Offerings and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
2. By submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a “Persona”), including, without limitation, your name and geographical location (e.g., “Leena P. – Wyoming, OH”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. We will not use your Persona in paid advertising without your separate, verifiable consent, unless such use is otherwise permitted by law. Our uses of your Persona will be consistent with the terms of our Privacy Policy, where it is applicable.
3. We do not accept or consider, directly or through any employee or agent, unsolicited ideas of any kind, including without limitation, creative content, ideas, or suggestions relating to new or improved products, enhancements, names or technologies, advertising, and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
1. We have no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
2. We will own and may use and redistribute Unsolicited Materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
4. Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).
5. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

1. OFFERING CONTENT & THIRD-PARTY LINKS
1. We provide our Offerings including, without limitation, Offering Content for personal, educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Offerings for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Offering Content. Always follow label directions and safety data sheets for products. Use products only as directed and in accordance with local safety regulations. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Offering Content.
2. Health Claims. Any health-related Offering Content available is not intended to be a substitute for professional medical advice. ANY SUCH STATEMENTS ABOUT OUR PRODUCTS HAVE NOT BEEN EVALUATED BY ANY MEDICAL BODY, THE FOOD & DRUG ADMINISTRATION, OR ANY OTHER GOVERNMENT ENTITY. NEITHER OUR SERVICES NOR PRODUCTS ARE INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY ILLNESS OR DISEASE. WE PROVIDE THIS INFORMATION FOR EDUCATIONAL PURPOSES ONLY. IT IS SOLELY YOUR RESPONSIBILITY TO CONSULT YOUR PHYSICIAN BEFORE ACTING ON ANY SUCH INFORMATION, ESPECIALLY IF YOU ARE PREGNANT, NURSING, IMMUNE SYSTEM OR RESPIRATORY SYSTEM COMPROMISED, OR TAKING MEDICATION. We do not warrant the validity of any such health-related statements found on or through our Offerings. All such information is general in nature and may be helpful to some persons but not others, depending upon their personal needs. You should always consult with your physician and should never disregard professional medical advice, or delay in seeking it, because of something you have read on or through our Offerings.
3. In many instances, Offering Content will include information, materials, and opinions posted or supplied by third parties. We do not endorse or warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any third‑party content or opinions offered through our Offerings by anyone other than our authorized employees or spokespersons acting in their official capacities.
4. Our Offerings may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
5. We undertake no obligation to update, amend, or clarify any information in the Offerings or on any related website, including, without limitation, pricing information, except as required by law. No specified update applied in the Offering or on any related website should be taken to indicate that all information in the Offering or any relate website has been modified or updated.
6. 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 websites. 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.
2. INDEMNIFICATION
1. You agree to defend, indemnify and hold harmless BKF, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “BKF Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your violation of these Terms of Use; (ii) your infringement or misappropriation of third-party rights, including, without limitation, via User Content provided by you or on your behalf; or (iii) your unlawful conduct in connection with the Offerings. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
2. If you are using our Offerings on behalf of an organization, that organization accepts these terms. It will hold harmless, defend, and indemnify the BKF Parties from any claim, suit or action arising from or related to the use of the Website or any other Offerings or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney’s fees.
3. DISCLAIMER OF WARRANTIES

You expressly agree that use of our Offerings is at your sole risk. Our Offerings and Offering Content are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, the BKF Parties disclaim any and all warranties including any: (i) warranties that our Offerings will meet your requirements; (ii) warranties concerning the availability, accuracy, security, usefulness, timeliness, or information content of our Offerings or Offering Content; (iii) warranties of title, non-infringement, merchantability, or fitness for a particular purpose; (iv) warranties for services or goods received, advertised, or accessed through our Offerings; (v) warranties concerning the accuracy or reliability of the results that may be obtained from the use of our Offerings; (vi) warranties that your use of our Offerings will be sECure or uninterrupted; and (vii) warranties that errors in our Offerings or Offering Content (including software) will be corrected.

1. LIMITATION OF LIABILITY
1. UNDER NO CIRCUMSTANCES SHALL ANY OF THE BKF PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR OFFERINGS, PRODUCTS, SERVICES, OR THESE TERMS OF USE.
2. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR OFFERINGS INCLUDING, WITHOUT LIMITATION, OFFERING CONTENT, IS TO STOP USING OUR OFFERINGS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED OR ADVERTISED IN CONNECTION WITH OUR OFFERINGS OR ANY LINKS PLACED IN OUR OFFERINGS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR OFFERINGS.
3. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL THE BKF PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY US DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR OFFERINGS OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
4. Nothing in these Terms of Use limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot be limited by law.
5. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions limitations of liability for consequential or incidental damages are not permitted; in such jurisdictions, some of the foregoing limitations may not apply to you.
2. TERMINATION
1. We reserve the right in our sole discretion and at any time to terminate or suspend your use and access of our Offerings for any reason or no reason including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that we are not liable to you or any third party for any termination or suspension of your Account or for blocking your use of our Offerings.
2. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use (which by their nature should survive the suspension or termination of your Account or these Terms of Use) shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under the “Miscellaneous” section below.
3. These Terms of Use are effective until terminated by you or BKF. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Offerings, or when you cease using our Offerings.
3. COPYRIGHT POLICY
1. We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the access of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on our Website or any of our Offerings that may be infringing or the subject of infringing activity.
2. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (the “Designated Agent”). Our Designated Agent is:

Compliance Officer

Bar Keeper’s Friend, Inc.

info@barkeepersfriend.com

5240 Walt Place,

Indianapolis, IN 46254

1. If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

1. If you believe material was removed or disabled by mistake or misidentification, you may submit a counter-notice to our Designated Agent that includes: (1) your physical or electronic signature; (2) identification of the material removed or to which access was disabled and the location where it appeared; (3) a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; (4) your name, address, and phone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or any district in which BKF may be found) and will accept service of process from the person who provided the original notice. We may restore the material in accordance with the DMCA.
2. BKF terminates, in appropriate circumstances, users who are repeat infringers.
1. CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with the laws of the State of Indiana without regard to its conflict of laws rules. In no event will these Terms or any claims, disputes or controversies in connection with these Terms or our Offerings be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods. Any legal proceedings against us that may arise out of, relate to, or be in any way connected with our Offerings or these Terms of Use shall be subject to mandatory arbitration as set forth below, if arbitration does not apply, brought exclusively in the state or federal courts of Indiana. We each waive any jurisdictional, venue, or inconvenient forum objections to such courts.

1. DISPUTE RESOLUTION & MANDATORY ARBITRATION

PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU (INCLUDING, FOR THE PURPOSES OF THIS SECTION, ANYONE CLAIMING UNDER YOU OR ON YOUR BEHALF) AND BKF EACH AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS AGREEMENT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND A JURY WAIVER.

YOU AND BKF EACH AGREE:

1. We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at 5240 Walt Place, Indianapolis, Indiana, 46254. We will contact you based on the contact information you have provided us. Bar Keeper’s Friend, Inc.
2. If, after thirty (30) days, the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to binding arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they instead choose to have any disputes resolved through binding arbitration.
3. We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by final and binding arbitration administered as described in this section.
4. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures, and, where applicable, the AAA Mass Arbitration Supplementary Rules. The rules and procedures and other information, including information on fees, may be obtained from the AAA directly. The arbitration shall take place in Indianapolis, Indiana, unless the AAA rules or applicable law require a different location, or the parties agree to a virtual hearing. We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
5. Either of us may bring qualifying claims in small claims court. Furthermore, as set forth below, we each agree that any arbitration will be solely between you and us, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court.
1. NO CLASS ACTIONS

To the fullest extent permitted by law, we each waive any right to pursue disputes on a class-wide basis; that is, either to join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else, in any lawsuit, arbitration or other proceeding.

1. NO TRIAL BY JURY

To the extent allowed by law, we each waive any right to trial by jury in any lawsuit, arbitration or other proceeding.

1. AMENDMENT; ADDITIONAL TERMS
1. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Offerings or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Offerings generally, unique aspects of our Offerings, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
2. We reserve the right in our sole discretion and at any time and for any reason, to amend, change or modify these Terms of Use. We also reserve the right in our sole discretion and at any time and for any reason, to amend, change or modify or discontinue any aspect or feature of our Offerings. Modifications to these Terms of Use or Additional Terms will be effective immediately upon posting online to the Offerings. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Offerings following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Offerings and, if applicable, terminate your Account.
3. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any Offerings.
2. MISCELLANEOUS
1. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
2. Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in full force and effect.
3. Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy, or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.
4. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.
5. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
6. These Terms of Use are provided in English. If a translation is provided, the English version controls in the event of conflict.