Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the snackfever.com website (together or individually, the “Service”, or the “Site”) operated by SnackFever Inc. (“us”, “we”, or “our”, “SnackFever”). We provide a subscription and e-commerce service that delivers packaged goods (“Snacks”, “Food”, “Drinks”, “Goodies”, “Products” or “Other treats”) directly to consumers via post (collectively, including all features, functionality and content of the Site, the “Services”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you should not access the Site or Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times prompted by the Site registration form. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites and platforms. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests and Promotions
Third Party Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by SnackFever.
SnackFever has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that SnackFever shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
You use all Third Party Sites & Ads at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
We have the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of SnackFever Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
We may terminate, refuse or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) arising before the date of termination).
SnackFever will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content.
The Contract shall be governed by, and construed in accordance with, the laws of the State of California. The Contractor agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Contract and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Disclaimer of Warranties and Limitation on Liability
IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AND ON ANY LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE SNACKS ARE SUITABLE FOR CONSUMPTION. PLEASE CONSUME THE GOODS AT YOUR OWN RISK. (SNACKFEVER MAY NOT ALWAYS PROVIDE A LIST OF INGREDIENTS.)
SNACKFEVER DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
OUR MAXIMUM LIABILITY TO YOU, ARISING FROM OR RELATED TO THIS AGREEMENT, THE WEBSITE, CONTENT OR ANY PRODUCT OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN RESPECT OF THE SERVICES IN THE MONTH PRECEDING ANY SUCH CLAIM. YOU AGREE THAT OUR SUPPLIER WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME CERTAIN STATE LAWS DO NOT ALLOW LIMITATION ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Disclaimer - No Professional Advice
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site or our products. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
Risk of Loss
All Goods purchased from SnackFever are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
You are liable for submitting the correct shipping address. SnackFever is not liable for undeliverable packages due to errors on the address or any other errors that are not ours. A tracking number is provided for every shipment to minimize any risk of lost packages. There is a minimum reshipping and handling fee of $10 applied to any packages that are returned due to incorrect addresses or any mistakes on the user’s end.
By using this Website, our Services, you agree to indemnify, defend and hold the Company (officers, agents and employees) from any claims, damages, losses, demand, or loss of any kind including attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, by you or any other person accessing the Website using your member login account. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Copyright © 2016, SnackFever Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent.
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such provision or right. Furthermore, if any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
By continuing your membership, you accept and agree to these Terms and any changes made by us to it once we notify you of these changes. If you do not wish to be bound by this Agreement or any changes thereto, please see above for how to terminate your membership.
If you have any questions about these Terms, please contact us.
3470 Wilshire Blvd. Suite 540
Los Angeles, CA 90010
Email: [email protected]