Effective Date: June 20, 2022
Thank you for choosing Freestyle Snacks!
If at any time you do not accept these Terms, please stop using the Services and delete your account. These Terms govern your access to and use of the Services, including but not limited to products you purchase or interact with using the Services. In these Terms, “Freestyle,” “Freestyle Snacks” “us,” “our,” or “we” mean Freestyle Snacking LLC. “You” and “your” mean you, the user of the Services.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT, AND A CLASS ACTION/JURY TRIAL WAIVER. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS, INCLUDING THE BINDING ARBITRATION AGREEMENT, AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE, AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF, THE SERVICES.
PRIVACY AND SECURITY
Freestyle is committed to securing the data you provide us and we take reasonable organizational, technical, and administrative measures to protect your personal information. However, there is always some risk of privacy or security breaches when sending data over the Internet; as such, it is possible that information you send us may be read or intercepted by others. You agree that you will not hold us liable for any damages resulting from privacy or security breaches due to your use of the Services.
USE OF THE SITE
Eligibility. By agreeing to these Terms you represent that you are at least the age of majority in your state or province of residence. You further agree not to use the Services or our products for any illegal or unauthorized purpose, violate any applicable laws.
Intellectual Property. All content on the Services (including, but not limited to, graphics, drawings, design, text, software, selection, and arrangement) is protected by copyright laws around the world, including the United States. We grant you permission to use the Services for your own personal use. You may not access, download, copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any part of the content or Services or use the Services for commercial purposes, whether on behalf of yourself or a third party. The entire contents, features, and functions of the Services are owned by Freestyle, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and other proprietary rights.
All trademarks, service marks, and trade names are trademarks or registered trademarks of Freestyle Snacking LLC, or other owners that have granted use a license to use such marks. You must not use such marks without express prior written consent of the applicable owner.
Restrictions. You agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivate works from any content appearing on the Services, without our prior written consent.
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, other websites, other customers of the Site, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
Creating an Account. To use certain Services, you may need to create an account. Your username and password are for your personal use only, and you are responsible for maintaining their confidentiality. You are responsible for keeping your account and contact information up to date. You may be held liable for all losses incurred by us or any other user of our Services due to activities that occur under your account, including any misuse by you or others. You agree to promptly notify us of any unauthorized use of your user name, password, or account. You are responsible for any unauthorized access or password misuse. You may not use another person’s account without permission, act in a way that interferes with another user’s account, or solicit another user’s password. We are not liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right at any time to terminate or suspend your account(s) for any or no reason, including any violation of these Terms.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You agree that your comments will not violate any right of any third-party, including intellectual property rights, trade secrets, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain unlawful, offensive, threating, libelous, defamatory, pornographic, obscene or otherwise objectionable content or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PRODUCT AVAILABILITY, PURCHASES, AND PRICES
Product Availability. We use reasonable efforts to fulfill orders, but cannot guarantee availability of any particular product or service and sometimes an item may not be available. In that case, we may cancel your order or contact you for follow-up. We reserve the right to discontinue selling any product or service at any time without notice.
Purchases. To purchase products or services through the Platform, you will need to provide certain information, including payment and shipping details. You may be able to store your information in your Account, which allows you to make future purchases without re-entering your information. For your security, the billing name and address on your credit card must match your order information or your order may be delayed or cancelled. When you place your order, we may pre-authorize your credit or debit card in the amount of your order, which may have an effect on your available balance or credit line. We may cancel or place holds on your order if we suspect the order may be fraudulent.
All billing and registration information you provide must be accurate, complete and correct. By confirming your purchase at the end of the checkout process, you agree to accept and pay for all charges incurred via the applicable payment method for all items, products and/or services that you purchased at the price(s) in effect at that time, including sales taxes. If you submit payment information that is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your payment method is declined by your financial institution or any third party financing company. Payments are processed by a third party payment processor. Refunds, if available, are subject to the Returns Policy. Receiving an order acknowledgement via email does not guarantee acceptance of an order, or that the price or availability of an item has been confirmed.
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy below
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Limitations on Purchases. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to refuse any order you place with us and may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. Any offer for any product or service made on the Services is void where prohibited.
We are not responsible for failure to fulfill orders for any reason, including causes beyond our control. We reserve the right to: (1) decline any order or limit order quantities to reasonable amounts (in our sole discretion); (2) prohibit purchases by retailers, distributors, or resellers; (3) discontinue or refuse to offer any product or service; (4) impose conditions on any discount, coupon or promotion; and/or (5) bar any user from completing a transaction.
Pricing. In the event of a pricing or other error, we reserve the right to revoke offers, cancel orders, and correct errors or omissions, including after an order has been placed.
Since all of our products are considered food products, we do not accept returns – your order is non-refundable. However, if you have any issues or concerns about your order, please reach out to us via email (email@example.com) within seven (7) days of receiving your order.
Your submission of personal information through the Services and our use and retention of such information is governed by our Privacy Notice. If you choose to communicate with us, you expressly consent to us contacting you in the manner you request.
Email. You may opt-out of receiving our emails by unsubscribing in the e-mail.
To stop receiving text messages from us, please unsubscribe from the specific text message campaign, by texting “STOP”. If you wish to opt out of all messages, you must text “STOP” to each campaign or you may send us a notice of your request to: firstname.lastname@example.org. Any other attempt to revoke consent shall be invalid and of no effect. You agree that the methods of revocation described in this section are reasonable.
You certify, warrant and represent that the telephone number you have provided to us is your contact number and not anyone else’s and that you are permitted to receive calls and text messages at such number. You agree to promptly alert us whenever you stop using the telephone number you provided. We may use each such means of communication described in this section even if you will incur costs to receive such messages, text messages, emails or other means, that may occur. For customer support please contact email@example.com. Message and data rates may apply and message frequency may vary. Your consent is not a condition of purchase.
THIRD PARTY SERVICES AND LINKS
Certain content, products and services available via the Services may include materials or links to or from third-parties.
Third-party links on the Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO ANY TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY SERVICES.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information in the Services or on any related website has been modified or updated.
Freestyle Snacks is not responsible for any typographical errors on the Services.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS,” AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. ACCURACY OF INFORMATION ON THE SERVICES CANNOT BE GUARANTEED. WE DO NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
INFORMATION INCLUDED ON THE SERVICES IS FOR INFORMATION ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. FREESTYLE DOES NOT ENDORSE OR WARRANT THE VALIDITY OF ANY SUCH HEALTH RELATED STATEMENTS CONTAINED ON THE SERVICES OR ANY SUCH INFORMATION CONTAINED IN THIRD PARTY SITES REFERENCED IN THE SITE. 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 PRIOR TO CHANGING OR UNDERTAKING A NEW DIET PROGRAM. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.
We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been placed and regardless of whether the order has been confirmed and your credit card charged. To the maximum extent permitted by law, we disclaim all warranties of any kind with respect to the Site, including without limitation those regarding availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards or user requirements, title, or noninfringement. In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
Freestyle Snacks has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. Your use of the Services is at your own risk and you alone are responsible for any damage to your computer hardware, software, systems, and networks and any loss of data that results from the download of any information from the Services, and for any other damage that may be incurred. We make no representation that the Services are appropriate or available for use in locations other than the United States. If you choose to access the Services from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations. No advice or information, oral or written, obtained by you from us or in any manner from the Services creates any warranty.
LIMITATION OF LIABILITY
In no case shall Freestyle Snacks, its affiliates and all of their respective directors, officers, shareholders, members, consultants, employees, , agents, contractors, interns, suppliers, service providers, predecessors, successors or assigns, or licensors be liable for any direct, indirect, special, incidental, exemplary, punitive or consequential loss or damage or any other loss or damage of any kind, , including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, warranty, or otherwise, arising out of or in connection with the Services or your direct or indirect use of the Services (including, without limitation, the input of personally identifiable and other information into the Site), even if Freestyle Snacks has express knowledge of the possibility of the loss or damage. Your sole and exclusive remedy is to stop accessing and using the Site.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for certain damages, some of the above exclusions and limitations may not apply to you. If pursuant to applicable state law the limitation of liability for incidental or consequential damages is not permitted, the liability of Freestyle Snacks, third party content providers, and their respective agents shall be limited to the greatest extent permitted by law.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Please read carefully. This Arbitration Agreement and Class Action Waiver affects your legal rights.
Irrespective of any law to the contrary, you must provide notice to us, pursuant to the procedures set forth in this dispute resolution/arbitration agreement, of any claim within one year of its accrual or your claim shall be waived and time-barred, to the fullest extent permitted by the law.
You and Freestyle Snacks waive the right to a trial by jury and any right to have a Dispute heard in court to the fullest extent permitted by law. In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator’s decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, in favor of or against only the parties to the arbitration, including monetary damages, injunctive relief, and declaratory relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Under no circumstances may the arbitrator preside over any class or collective action. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association (“AAA”) will conduct the arbitration, and the amount and nature of the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA’s Consumer Arbitration Rules will apply as modified by this Dispute Resolution/Arbitration Agreement. If AAA will not apply those rules, then AAA’s Commercial Arbitration Rules will apply as modified by this Arbitration Agreement. The AAA’s rules and a form that can be used to initiate arbitration proceedings are available at www.adr.org.You and Freestyle Snacks agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration consistent with this Arbitration Agreement, then the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding consistent with the terms of this Arbitration Agreement. The parties further agree that the choice of AAA as a forum is not integral to this Arbitration Agreement.
Mass Arbitration Claims. If twenty-five or more similar claims are asserted against us by the same counsel or are otherwise coordinated (collectively, “Mass Claims”), you understand and agree that the resolution of your claim might be delayed. You also agree to the following coordinated bellwether process and that your claim, and all Mass Claims, shall be subject to the AAA Multiple Consumer Case Filing Fee Schedule at the time the claims are selected for bellwether proceedings. Counsel for the claimants and counsel for us shall each select ten cases to proceed first in arbitration in individual bellwether proceedings. The remaining cases shall not be filed or deemed filed in arbitration until they are selected for a bellwether proceeding. If the parties are unable to resolve the remaining cases after the conclusion of the initial bellwether proceedings, each side shall select another ten cases to proceed to arbitration for a second set of bellwether proceedings. This process shall continue until the parties are able to resolve all of the claims, either through settlement or arbitration. Only one case may be assigned to each arbitrator as part of this process. The statute of limitations shall be tolled for an individual’s claims until the time the individual’s case is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing of arbitration demands against the Arbitrating Entities.
CLASS ACTION AND JURY TRIAL WAIVER
You and Freestyle Snacks agree, to the fullest extent permitted by law, that if for any reason a Dispute proceedings in court rather than arbitration that (1) the parties waive any right to a jury trial, (2) the Dispute will proceed solely on an individual, non-class, non-representative basis, and (3) neither party may be a class representative or class member or otherwise participate in any class, representative consolidated or private attorney general proceeding.
To the extent any part of the above Arbitration Agreement is found invalid or unenforceable then it shall be stricken and the other parts of the Arbitration Agreement shall remain in full force and affect.
You and Freestyle Snacks agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, collective, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery conducted by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. This waiver of class actions and collective relief is an essential part of this binding Arbitration Agreement and cannot be severed from it. If a court determines that the class action and collective relief waiver is not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief shall proceed in court but shall be severed and stayed pending arbitration of the remaining claims.
No Joint Venture. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Freestyle Snacking LLC.
Assignment. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No failure or delay by Freestyle Snacks in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.
Headings. The headings in these Terms are for convenience only and have no legal or contractual effect.
If you have questions about these Terms or any of our products, please contact us via email at firstname.lastname@example.org.