Updated May 22, 2017
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
Nourish Snacks® Intellectual Property
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.
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.
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.
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:
168A Irving Avenue, Suite 402A
Port Chester, NY 10573
Copyright Infringement Policy
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.
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.
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.
© 2017 Nourish Snacks, Inc. All rights reserved worldwide.