Last Uploaded: August 31, 2018
Welcome to our website and related interactive features, products, services, applications or downloads (collectively, the “Website”), which are owned by Snak-King Corporation, including any affiliates and subsidiaries (collectively “Snak-King,” “we,” “our,” or “us”). These Terms & Conditions (“Terms”) apply to and govern our Website that link to it, regardless of how you access or use it, including through mobile devices.
BY USING OUR WEBSITE YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS WEBSITE. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.
Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using this Website, you agree to such terms and conditions.
PRIVACY. Snak-King cares about the privacy of your information. Please read our Privacy Policy, which outlines how our Website will collect information about you, how information will be shared and secured, and certain rights you have with respect to your information. Our Privacy Policy is incorporated into and is a part of these Terms.
USERS UNDER 18 YEARS OLD. The Website is not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
CUSTOMER LOGIN AND ACCOUNT CREATION. You understand that you may need to create an account to have access to parts of the Website. In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration process and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If Snak-King suspects that such information is untrue, inaccurate, not current or incomplete, Snak-King has the right to suspend or terminate your account and refuse any and all use of the Website.
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. Please note that anyone able to provide your username and password will be able to access your account, so you should take reasonable steps to protect this information.
USER OBLIGATIONS. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by these Terms any personally identifiable information which you receive or which is made available from Snak-King in connection with these Terms or on the Website. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Website is solely at your own risk.
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to any portion of the Website or our computer systems. Any unauthorized use of our computer systems is a violation of these Terms. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to prevent or cure the violation, including without limitation, the immediate removal of your content from the Website and termination of your access to the Website.
COPYRIGHT, TRADEMARK, AND OWNERSHIP. All of the content displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Snak-King, its licensors, agents or its Content providers. All elements of the Website, including, without limitation, the Website’s general design, Snak-King’s trademarks, service marks, trade names (including the Snak-King’s name, logos, and the Website’s design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which they are being made available. Except as may be otherwise indicated on the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or Snak-King’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Snak-King’s prior written consent. The use of Snak-King trademarks on any other website is not allowed without our prior express written permission. Snak-King prohibits the use of Snak-King trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. The Website, its Content and all related rights shall remain the exclusive property of Snak-King or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
FEEDBACK AND SUBMISSIONS. Snak-King welcomes your feedback and suggestions about Snak-King’s products or the Website. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Snak-King, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Snak-King and enable Snak-King to use such Feedback. Snak-King will not be liable for any use or disclosure of any Feedback.
You expressly grant Snak-King a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. This policy is intended to avoid the possibility of future misunderstandings if projects or ideas developed by Snak-King seem similar to ideas contained in your Feedback.
Snak-King does not encourage and strongly discourages any Feedback or other submissions that result from any activity that: (i) may create a risk of harm, loss, injury, emotional distress, death, disability, disfigurement, or illness to you, to any other person, or to any animal; (ii) may create a risk of any loss or damage to any person or property; or (iii) may constitute a crime or create civil liability. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, or liability of any kind. Snak-King may reject or remove any submissions that Snak-King believes, in its sole discretion, include any inappropriate or prohibited material.
LINKS. Snak-King may provide links, in its sole discretion, to other websites solely as a convenience to you. These websites are maintained by third parties over which Snak-King exercises no control. Any activities you engage in involving third-party websites are subject to privacy policies, terms and conditions, and other rules issued by the operator of those websites. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located on or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from our Website, you do so entirely at your own risk.
Running or displaying this Website, or any information or material displayed on this Website, in frames or through similar means on another website without our prior written permission is prohibited.
ONLINE SALES. Snak-King provides online ordering services to users who are 18 years of age or older for products to be delivered to a postal address in the continental United States. Unless specifically agreed to by Snak-King, you may only purchase products for personal, non-commercial use, and Snak-King may refuse any order that it has cause to believe is for onward sale other than through distribution channels approved by Snak-King. Snak-King makes no representation or guarantees that products available on the Website are appropriate or available for use in locations outside the United States. If you choose to access this Website from locations outside of the territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website.
For all charges for any products sold on the Website, Snak-King’s designated service provider will bill your credit card or alternative payment method (if such a method is offered). You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse Snak-King for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services needed for use of this Website and any and all fees charged to you by your financial institution related to the charges. Payment obligations are non-cancelable and fees paid are non-refundable. Snak-King may suspend or terminate your account, in addition to other rights and remedies, if fees are past due. You shall provide Snak-King with written notice of any disputed charges within ten (10) business days of the date of the charge. Notice of the dispute must provide in reasonable detail a statement of the basis for disputing the charge.
PRODUCTS AND SPECIFICATIONS. Details of the products available for purchase are set out on the Website. All prices are displayed and charged in U.S. dollars. All applicable sales and other taxes are in addition to the sale price. Discounts and sales prices may not be applied to previous orders. We reserve the right to shorten the duration of any special order or sales promotion. All features, content, specifications, products and prices of products described or depicted on this Website are subject to change at any time without notice.
Snak-King attempts to describe its products as accurately as possible. However, Snak-King does not warrant that descriptions of the products are accurate, complete, current, or error-free. All features, content, specifications, products, and prices described on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and provided for convenience purposes only. Packaging may vary from that shown. We make reasonable efforts to accurately display the attributes of our products, including their appearance; however, the actual color you see will depend on your computer system, and we cannot guarantee that your device will accurately display such colors.
The inclusion of any products on the Website at a particular time does not imply or warrant that these products be available at any time, and we reserve the right, without prior notice, to limit the order quantity on any products and/or refuse service to any customer. Occasionally, the manufacture or distribution of certain products may be delayed for a number of reasons. In such an event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner and in accordance with these Terms.
SHIPPING AND DELIVERY. When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Website. At this time, Snak-King only ships products to addresses in the continental United States. Shipping to Alaska, Hawaii, or international addresses is not available, not are shipments to APO/FPO or P.O. Box addresses. Additionally, Snak-King does not ship Vitner’s brand products to the state of California.
A non-refundable shipping fee may apply to products delivered to you by Snak-King and by placing an order, you agree to pay such fee. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. If delivery is available, Snak-King will estimate the time of delivery; however, Snak-King does not guarantee any particular delivery date and disclaims any liability for delays.
RETURNS & REFUNDS. We want to ensure that you are completely satisfied with our products and your purchase. We may process refunds for the following circumstances: (1) if you have purchased a product and it currently is not available and you do not prefer a substitute or (2) if the product(s) you have purchased arrives damaged/with a quality issue and you prefer not to receive a replacement product.
You may return or exchange a product purchased from the Website in the event that the product is defective or for any reason within 14 days of receipt. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under applicable local law. In the event that the return or exchange is due to an incorrect order or faulty product, Snak-King will be responsible for the shipping costs associated with such return. In all other cases, you will be responsible for all costs associated with the return. If you have received product that has some sort of quality concern and you would like a replacement or if you purchased a product and it is not available and would like a substitute, please contact our Customer Service Department here or by calling 1-626-363-7711.
REPRESENTATIONS AND WARRANTIES. You affirm, represent and warrant the following: (i) you are over the age of 18 and have the right and authority to enter into this agreement, and are fully able and competent to satisfy these Terms and the obligations herein; (ii) you have read, understood, agree with, and will abide by these Terms; (iii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, for any content you’ve provided to the Website; (iv) if necessary you have the written consent of each and every identifiable natural person to use such persons name or likeness in the manner contemplated by the Website and these Terms, and each such person has released you from any liability that may arise in relation to such use; (v) Snak-King’s use of any information you have submitted as contemplated by these Terms will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vi) you have not and will not engage in any of the prohibited activities or behaviors listed in the User Obligations section in the production of, your appearance in, or contribution(s) to your submissions to us or the Website; and (vii) your submissions to us or the Website do not contain: (a) material falsehoods or misrepresentations that could harm Snak-King or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
DISCLAIMERS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITE OR OTHERWISE PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND OUR PRODUCTS AND SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY INFORMATION, PRODUCTS, OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITE OR ANY INFORMATION, PRODUCTS, OR SERVICES WE PROVIDE.
THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER SNAK-KING NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SNAK-KING OR THROUGH SNAK-KING’S WEBSITE, PRODUCTS, AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY. SNAK-KING DOES NOT ASSUME ANY RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM THE WEBSITE. IN NO EVENT WILL SNAK-KING, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO ON THE WEBSITE, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT SNAK-KING SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, PRODUCTS, OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE OR THE CONTENT, PRODUCTS, OR SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE. IN NO EVENT SHALL SNAK-KING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITE.
FORCE MAJEURE. Snak-King is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages; or acts or omissions of other common carriers.
INDEMNITY. You agree to defend, indemnify, and hold harmless Snak-King, its affiliates and subsidiaries, and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of these Terms.
GOVERNING LAW. Any claim arising out of or relating to the use of, this Website and the materials contained herein is governed by the laws of the State of California, without regard to its choice of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. Any and all disputes directly or indirectly arising out of or related to these Terms or the Website will be resolved individually, without resort to any form of class actions. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to these Terms or the Website must be commenced within one (1) year after the claim or cause of action arises.
A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website.
TERM AND TERMINATION. These Terms and your right to use the Website will take effect at the moment you access or use the Website. Moreover, without the prior written consent of Snak-King, any use of the Website other than as specifically authorized herein is strictly prohibited. Snak-King reserves the right, without notice and its sole discretion, to terminate your right to use the Websites and to block or prevent your future access to, and use of, the Website. The provisions concerning Snak-King’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of these Terms for any reason. Snak-King retains has the right to change or discontinue the Website or any feature of the Website at any time.
SEVERABILITY. If any provision (or part thereof) contained in these Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.
MISCELLANEOUS. No joint venture, partnership, employment, or agency relationship exists between you and Snak-King as result of these Terms or your use of the Website. Headings herein are for convenience only. These Terms, along with our Privacy Policy, represents the entire agreement between you and Snak-King with respect to use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Snak-King with respect to the Websites.
CONTACT US. Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Website either here or at privacy@snakking.com.
All rights not granted herein are expressly reserved to Snak-King Corporation.