Nourish Snacks

Terms of Use

Updated May 22, 2017

Nourish Snacks, Inc. (“Nourish Snacks®,” “Nourish™,” “we,” “us,” or “our”) owns and operates the website located at www.nourishsnacks.com (the “Site”). These Terms of Use create an agreement between Nourish and you, and state the terms and conditions under which you may use our services and purchase our products, which are available through the Site (the “Services”). Please read these Terms of Use carefully. You acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and Privacy Policy, which are incorporated herein by reference. You represent and warrant that you are at least 13 years old. If you do not agree to any of these terms, then you are not permitted to use the Services.

We may change these Terms of Use from time to time. If so, any such changes will be posted on this page. We recommend that you review these Terms of Use on a regular basis. Your continued use of the Site or otherwise interacting with this Site shall constitute your acceptance of such revised Terms of Use. We reserve the right to deny access to anyone who violates these Terms of Use.

THESE TERMS OF USE REQUIRE YOU TO ARBITRATE ANY AND ALL CLAIMS AGAINST NOURISH, AND FURTHER REQUIRE YOU TO WAIVE IMPORTANT RIGHTS, INCLUDING THE RIGHT TO JOIN IN ANY CLASS ACTIONS AGAINST NOURISH AND A RIGHT TO TRIAL BY JURY.

Snack Descriptions and Pricing

Through the Site, we promote and offer for sale a variety of our delicious Snacks. We attempt to be as accurate as possible with Snack descriptions within FDA guidelines. However, we do not warrant that Snack descriptions will always be 100% accurate because certain product characteristics, such as color and flavor, may be subjective. We do not guarantee that all Snacks described on our Site will be available. We reserve the right to revise or discontinue any Snacks available on the Site at any time without notice. We also reserve the right change the prices of our Snacks at any time.

Use Of Personal Data

Your use of the Site and/or the Services may involve the transmission to us of certain personally-identifiable information. Our policies with respect to the collection and use of such personally-identifiable information are governed by our Privacy Policy located at nourishsnacks.com which is hereby incorporated by reference in its entirety.

Nourish Snacks® Intellectual Property

The Site and the Services contain materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Nourish Snacks® that are protected by copyright, trademark and other intellectual property laws (collectively, the “Nourish Snacks® Intellectual Property”). The Nourish Snacks® Intellectual Property may be owned by us or our licensors, and is protected under both United States and foreign laws. The Nourish Snacks® Intellectual Property includes trademarks, service marks, and logos of Nourish Snacks® used and displayed on the Site, which are registered and/or unregistered trademarks or service marks of Nourish Snacks®. NOURISH SNACKS® and our logo are US registered trademarks. Except as expressly permitted in these Terms of Use, you have no rights in or to the Nourish Snacks® Intellectual Property. Site page content and images may be downloaded by you solely for reference or comment for personal, non-commercial use, or for uses that qualify as “fair use” under Section 107 of the United States Copyright Act.

Community Guidelines

By accessing the Site and/or using the Services, you hereby agree that:
• You will not use the Services for any unlawful purpose;
• All information provided through your account must be truthful and accurate, and you have a duty to update any information previously provided in order to keep it truthful and accurate;
• You will not “stalk” or otherwise harass another user of the Services;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
• You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, photographs and other similar communications (collectively, “Unsolicited Information”) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NONCONFIDENTIAL and NON-PROPRIETARY. You grant to us and our affiliates a perpetual, worldwide, royalty-free, non-exclusive, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, broadcast, sublicense, re-post, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information. Such right and license includes use of any Unsolicited Information for any lawful purpose whatsoever, including, but not limited to any of our products, packaging, and for marketing and advertising purposes. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any Unsolicited Information you send to us for any lawful purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products, and related marketing and advertising purposes.

Contests

Prior to entering into any contest, you must legally qualify for entry and will be required to accept all the specific contest terms and conditions. You represent and warrant that any photo, idea or other materials that you submit for any contest (“Contest Submission”) do not infringe on any intellectual property or ownership rights of any third party and you either own, or have sufficient license to use, the Contest Submission. You hereby grant us a perpetual, royalty-free, worldwide and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, broadcast, sublicense, re-post, create derivative works from, transfer and sell such Contest Submission.

Disclaimer And Limitation Of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF NOURISH SNACKS®, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “NOURISH PARTIES”) WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE NOURISH PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES. NONE OF THE NOURISH PARTIES HAS ANY RESPONSIBILITY OR LIABILITY FOR ANY RESULTS CAUSED BY USING THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS. YOUR USE OF THE SITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO DISSATISFCATION WITH THE SITE OR THE SERVICES IS TO STOP USING THE SAME. IN NO EVENT SHALL ANY OF THE NOURISH PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF SUCH NOURISH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE NOURISH PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE FOREGOING WARRANTY DISCLAIMERS WILL NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAWS ARE APPLICABLE TO THESE TERMS OF USE.

External Sites

The Site may contain links to third-party websites (“External Sites”), but Nourish Snacks® does not endorse and is not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification

You agree to defend, indemnify, and hold harmless the Nourish Parties from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) your breach of these Terms of Use; (ii) your access to, use, or misuse of the Site or the Services; or (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right.

Compliance With Applicable Laws

The Site and the Services are based and hosted in the United States, and the Services are intended to be used only by residents of the United States and are at least 13 years of age. We make no claims concerning whether the Site, the Services, or the Nourish Snacks® Intellectual Property may be appropriate for use outside of the United States. If you access the Site, the Services, or the Nourish Snacks® Intellectual Property from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

If you believe the Site or the Services contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information as required by the Digital Millennium Copyright Act (“DMCA”):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

To submit a DMCA notification of infringement, please contact our Copyright Agent by email or postal mail as follows, with COPYRIGHT NOTICE in the subject line:
Copyright Agent
Ian Bauer
168A Irving Avenue, Suite 402A
Port Chester, NY 10573
Email: ian@nourishsnacks.com

In accordance with the DMCA and applicable law, Nourish Snacks® has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, account holders who repeatedly infringe the intellectual property rights of Nourish Snacks® or any third party.

GOVERNING LAW

THE INTERPRETATION, APPLICATION AND ENFORCEMENT OF THESE TERMS OF USE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO NEW YORK’S CONFLICTS OF LAW PRINCIPALS.

MANDATORY ARBITRATION

YOU AND THE NOURISH PARTIES EXPRESSLY AGREE THAT ANY CONTROVERSY, DISPUTE OR CLAIM ARISING OUT OF, CONCERNING OR RELATING TO THESE TERMS OF USE, OR THE BREACH OR INTERPRETATION THEREOF, THE SITE CONTENT, PRODUCTS OFFERED FOR SALE THROUGH THE SITE, USE OF OR ACCESS TO THE SITE, OR THE NOURISH PARTIES, SHALL BE RESOLVED BY BINDING ARBITRATION BEFORE JAMS (A RESPECTED ARBITRATION ORGANIZATION) IN THE STATE AND COUNTY OF NEW YORK BEFORE A SINGLE ARBITRATOR, AND YOU AND THE NOURISH PARTIES EXPRESSLY WAIVE ANY TYPE OF COURT ACTION AND TRIAL BY JURY IN CONNECTION THEREWITH. THE ARBITRATION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”) AND THE APPLICABLE RULES OF JAMS THAT ARE NOT INCONSISTENT WITH THE FAA.

CLASS ACTION WAIVER

YOU EXPRESSLY WAIVE ANY RIGHT TO BE NAMED AS A PLAINTIFF OR PARTICIPATE IN ANY CLASS ACTION AGAINST THE NOURISH PARTIES. YOU AND THE NOURISH PARTIES AGREE THAT ANY ARBITRATION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

EXCLUSIVE JURISDICTION/JURY WAIVER

TO THE EXTENT ANY RELIEF IS NECESSARY IN THE FORM OF COURT ACTION TO COMPEL ARBITRATION OR SEEK EQUITABLE RELIEF IN AID OF ARBITRATION, YOU AND NOURISH CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS LOCATED IN THE STATE AND COUNTY OF NEW YORK AND WAIVE ANY DEFENSE BASED ON SUCH VENUE OR INCONVENIENT FORUM.

ELECTRONIC COMMUNICATIONS

Nourish Snacks® may communicate with you in various ways, including by e-mails, text messages, and other means of electronic communications. You consent to receive communications from Nourish Snacks® electronically, and you should retain copies of these communications for your own records. You agree that all agreements, notices and other communications that we provide to you electronically satisfy any state and federal legal requirements that such communications be in writing.

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the sections entitled Nourish Snacks® Intellectual Property, Indemnification, Disclaimer and Limitation of Liability, Indemnification, Governing Law, Mandatory Arbitration, Class Action Waiver, and Exclusive Jurisdiction/Jury Waiver shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing by the party . Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use.

These Terms of Use contain the entire agreement of the parties concerning its subject matter, and supersede all existing agreements and all other oral, written or other communication between the parties concerning the subject matter.

© 2017 Nourish Snacks, Inc. All rights reserved worldwide.