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Nourish Snacks
Terms and Conditions

Last Updated:December 17, 2014

Nourish Snacks, Inc. (“Nourish Snacks,” “we,” “us,” or “our”) owns and operates the website located at www.nourishsnacks.com (the “Site”). These Terms of Use state the terms and conditions under which you may use our services which are available through the Site (the “Services”). Please read these Terms of Use carefully. By purchasing a Membership (as defined below), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use, Privacy Policy and Referral Program Terms and Conditions, which are incorporated herein by reference and you represent and warrant that you are at least 18 years old or older. If you do not agree to any of these terms, then you are not permitted to use the Services. These Terms of Use may be updated by us from time to time without notice to you.

The Services

Through the Site, we offer a wide variety of delicious healthy snacks (“Snacks”) that are delivered to you in packaged boxes on an a la carte bases or via a “Snack ‘n Save” subscription (“Subscription”). (a) Snack Descriptions. We attempt to be as accurate as possible with Snack descriptions within FDA guidelines. However, we do not warrant that Snack descriptions are accurate. We do not guarantee that all Snacks described on our Site will be available. We reserve the right to revise or discontinue certain Snacks available on the Site at any time without notice. (b) Shipping. Subscription fees are inclusive of any applicable shipping charges if the subscription amount is over $25. All Snacks shall be shipped F.O.B. shipping point and title and risk of loss shall pass to you upon delivery of Snacks to a common carrier. We provide estimated arrival times for each Snack box that you order under your Subscription, but are not liable for any delays that may occur. (c) Refunds. If you are not completely satisfied with your Snacks, you may contact us at help@nourishsnacks.com. We may offer refunds in our sole discretion.

Snack ‘n Save

When you join as a Snack ‘n Save subsriber (“Subscriber”), you will have to provide your name, email address, shipping address, credit card and any other information requested during the registration process. You will also have to create a password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate your account. We reserve the right to delete or change your password at any time and for any reason.

Fees and Automatic Renewals

You agree to pay any applicable Subsription fees made known to you during registration. We may use a third party service provider (“Third Party”) to process your payment in connection with your use of the Services. You warrant and represent that you are the valid owner or an authorized user, of the credit card you provide to such Third Party, and that all credit information is accurate. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you. It is important to note that when you join as a Subscriber, your Subscription will automatically renew until you cancel it. You may cancel your Subscription at any time by notifying us by email or by removing items from the Snack ‘n Save section of your account dashboard. Again, if you do not cancel, then your Subscription will automatically renew under the same Subscription and applicable Subscription fees will be charged to your credit card.

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 according to 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 (collectively referred to as 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 may include 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. Except as expressly permitted in these Terms of Use, you have no rights in or to the Nourish Snacks Intellectual Property.

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. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, 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.

Contests

You must be 18 years old and an active Member of Nourish Snacks to participate in a contest. You represent and warrant that the photo, idea or any materials that you submit for any contest (“Contest Submission”) do not infringe on any intellectual property 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 and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Contest Submission. We reserve the right, in our sole discretion, to cancel, terminate, modify, or suspend any contest or any portion thereof for any reason without further obligation or advance notice to you. Winners will be selected by Nourish Snacks and will be notified by email. All decisions will be final. The winner must respond within ten (10) days from the date of notification by Nourish Snacks or the prize will be forfeited. All prizes are nontransferable, non-negotiable and non-refundable and Nourish Snacks reserves the right to substitute any prize at any time.

Referral Program Terms and Conditions

The Nourish Snacks Referral Program is designed to reward Nourish Snacks Customers, Subscribers, and website visitors for referring new Customers or Subscribers to use Nourish Snacks Services.

How the Referral Program Works

  • 1. You can refer via a banner at the top of nourishsnacks.com or at the end of your check out process. A pop up with let you share a unique URL with friends via email, Twitter, or Facebook. There is no limit on the number of times your unique URL may be shared.
  • 2. Subject to the terms and conditions set forth herein, you will receive one (1) ten dollar ($10.00) credit (each, a “Credit”) that can be used for onetime purchases for each individual who purchases a membership to Nourish Snacks referencing your unique URL. Your Credit cannot be applied to your Subscription.
  • 3. We reserve the right to discontinue this Referral Program with respect to any member who appears to be, or is found to be, conducting themselves in a manner which is contrary to the spirit of the Referral Program or who attempts to accumulate or use Credits in a fraudulent manner. Under no circumstances does this Referral Program entitle Subscribers or their referrals to cash or compensation other than credit to Nourish Snacks as described above.

 

Modifications and Termination of Referral Program
We reserve the right to modify any of the Referral Program terms and conditions set forth herein, at any time without prior notice or liability; provided, however, that if we modify any of the terms and conditions set forth herein, you will continue to receive the Credits you earned under the original terms and conditions so long as you continue to satisfy all requirements set forth above.

We reserve the right to terminate the Referral Program at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Referral Program at any time without prior notice or liability. Upon termination of the Referral Program for any reason, your right to earn rewards from the program will immediately cease but you will continue to receive the Credits you earned so long as you continue to satisfy all requirements set forth above.

Disclaimer and Limitation of Liability

NONE OF NOURISH SNACKS, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “NOURISH SNACKS PARTIES”) ENDORSE ANY SNACKS. 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 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 SNACKS 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 NOURISH SNACKS 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 REMEMDY WITH RESPECT TO DISSATISFCATION WITH THE SITE OR THE SERVICES IS TO STOP USING THE SAME. IN NO EVENT SHALL ANY OF THE NOURISH SNACKS PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF SUCH NOURISH SNACKS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE NOURISH SNACKS PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED, THE TOTAL FEES PAID BY YOU IN THE ONE (1) MONTH IMMEDIATELY PRECEDING SUCH CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS NOURISH SNACKS PARTIES LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

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 the Nourish Snacks Parties harmless 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 in the United States, and are intended to be used only by residents of the United States that are age 18 years or older. We make no claims concerning whether the Site, the Services, or the Nourish Snacks Intellectual Property may be downloaded, viewed, or 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.

Term and Termination

These Terms of Use shall be effective from the time you become a customer or purchase a Subscription and shall continue until terminated by either party as set forth herein. We may terminate these Terms of Use and your access to all or any part of the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

Copyright Complaints

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:

  • 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 contact our Copyright Agent by regular mail, please write to:

 

Copyright Agent
Vanessa Ignacio

To contact our Copyright Agent by email, please write to VIgnacio@lowenstein.com with COPYRIGHT NOTICE in the subject line.

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 section entitled Nourish Snacks Intellectual Property, Indemnification, and the section entitled Disclaimer and Limitation of Liability 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. 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 shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by Nourish Snacks to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. 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.

You consent and agree that your purchase of a Subscription constitutes your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and that such electronic signature will meet the requirements of an original signature as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to the enforceability of your signature. At our request, any electronically signed document must be re-executed in original form by you. No party hereto may raise the use of an electronic signature as a defense to the enforcement of these Terms of Use or any amendment or other document executed in compliance with these Terms of Use.

Nourish Snacks Privacy Policy

We at Nourish Snacks, Inc. (“Nourish Snacks,” “we,” “us,” or “our”) created this Privacy Policy (“Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of Nourish Snacks in connection with our online services (the “Services”), which are available to you through our website located at www.nourishsnacks.com (the “Site”). The terms of this Privacy Policy are incorporated by reference in the Terms of Use that you accept upon becoming a Subscriber or Customer (the “Terms of Use”). By accepting the Terms of Use, you accept the terms of this Privacy Policy. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

Information We Collect

We do not collect any personal information from you unless you voluntarily provide it to us.

When you sign up to use the Services, you will be asked to provide us with certain personal information, such as your name, email address, shipping address, credit card and other payment related information. In this Privacy Policy, we refer to this information as “Personal Information.”

Like most web sites, we use automatic data collection technology when you visit the Site to record information that identifies your computer, to track your use of the Site, and to collect certain basic information about you and your surfing habits. This information includes information about your operating system, your IP addresses, browser type and language, referring and exit pages and URLs, keywords, date and time, amount of time spent on particular pages, what sections of a website you visit, and similar information concerning your use of the Site and the Services (the “Usage Information”).

We collect this Usage Information by using cookies and pixel tags (also called web beacons or clear gifs). Cookies are small packets of data that a web site stores on your computer’s hard drive so that your computer will “remember” information about your visit. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web site users. You can reject cookies by following the directions provided in your Internet provider’s “help” file. If you reject cookies, you may still visit the Site, but may not be able to use some areas of the Site.

We do not collect Personal Information in this way, but if you’ve provided us with Personal Information we may associate that information with the information that is collected automatically. Automatic data collection may be performed on our behalf by our services providers.

Use of Your Information; Opt-Out Procedure

We will use your Personal Information and Usage Information for the following purposes:

  • To respond to your requests and to provide you with the Services;
  • To respond to your inquiries and contact you about changes to the Site, and/or the Services;
  • To send you notices (for example, in the form of e-mails, mailings, and the like) regarding products or services you are receiving, and for billing and collection purposes;
  • To improve the Site and/or the Services;
  • For any other purposes disclosed at the time the information is collected or to which you consent; and
  • As otherwise specifically described in this Privacy Policy. We may also use your information to improve our Site, and/or the Services, and may use cookies and other information to enable us to customize your user experience.

 

We, like many businesses, sometimes hire other companies to perform certain business-related functions. Examples include mailing information, maintaining databases, hosting services, and processing payments. When we employ another company to perform a function of this nature, we provide them with the information that they need to perform their specific function, which may include Personal Information.

If we or all or substantially all of our assets are acquired, we expect that the information that we have collected, including Personal Information, would be transferred along with our other business assets.

We may disclose your information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law, including but not limited to in response to court orders and subpoenas. We also may disclose your information when we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other users of the Services, or anyone else that could be harmed by such activities.

How We Protect Your Information

We take commercially reasonable steps to protect your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Accessing and Modifying Account Information

You may update the information that is stored in your user account by signing into your account dashboard or by e-mailing us at help@nourishsnacks.com

Your Choices

If you wish to stop receiving promotional e-mails from us, please send us a message at help@nourishsnacks.com. You may also choose to unsubscribe from our promotional emails by following the instructions in the bottom of the email.

Links

The Site and the Services may contain content, services, advertising and other materials that link to External Sites. Nourish Snacks does not endorse and is not responsible for the content of any such External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Important Notice to Non-U.S. Residents

The Site and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By providing us with any information, you consent to this transfer.

Children

We do not knowingly collect Personal Information from children under the age of 13 through the Site and/or the Services. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through any website without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time, and will notify you of any material changes by email. You will be required to affirmatively accept these changes prior to using the Services.

 

 

 

Contact us

Phone

844-466-8747

help@nourishsnacks.com