Terms & Conditions
TERMS AND CONDITIONS
Last updated July 15, 2022
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PRODUCTS
5. PURCHASES AND PAYMENT
6. RETURN POLICY
7. PROHIBITED ACTIVITIES
8. USER-GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENSES
10. GUIDELINES FOR REVIEW
11. SUBMISSIONS
12. SITE MANAGEMENT
13. PRIVACY POLICY
14. TERM AND TERMINATION
15. MODIFICATIONS AND INTERRUPTIONS
16. GOVERNING LAW
17. DISPUTE RESOLUTION
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. USER DATA
23. ELECTRONIC COMMUNICATION, TRANSACTIONS, AND
SIGNATURES
SIGNATURES
24. CALIFORNIA USERS AND RESIDENTS
25. MISCELLANEOUS
26. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”), and Nana Snacks, LLC. (“Company,” “we,” “us,” or
“our”), concerning your access to and use of the https://www.nanasnacksllc.com website as well
as any other media form, media channel, mobile website, or mobile application related, linked,
or otherwise connected thereto (collectively, the “Site”). We are registered in Colorado, United
States, and have our registered office at Pinyon Jay Drive, Colorado Springs, CO 80951.
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all
of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use at any time and for any
reason. We will alert you about any changes by updating the “Last Updated” date of these
Terms of Use, and you waive any right to receive specific notice of each such change. Please
ensure that you check the applicable Terms every time you use our Site so that you understand
which Terms apply. You will be subject to and will be deemed to have been made aware of and
to have accepted, the changes in any revised Terms of Use by your continued use of the Site
after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution or use by any person or
entity in a jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirements within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other locations do so
on their own initiative and are solely responsible for compliance with local laws, if that to the
extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability
and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.),
so if your interactions would be subject to such laws, you may not use this Site. You may not
use this Site in any way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old period persons under the age of 18
are not permitted to use or register for this Site.
personally or on behalf of an entity (“you”), and Nana Snacks, LLC. (“Company,” “we,” “us,” or
“our”), concerning your access to and use of the https://www.nanasnacksllc.com website as well
as any other media form, media channel, mobile website, or mobile application related, linked,
or otherwise connected thereto (collectively, the “Site”). We are registered in Colorado, United
States, and have our registered office at Pinyon Jay Drive, Colorado Springs, CO 80951.
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all
of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use at any time and for any
reason. We will alert you about any changes by updating the “Last Updated” date of these
Terms of Use, and you waive any right to receive specific notice of each such change. Please
ensure that you check the applicable Terms every time you use our Site so that you understand
which Terms apply. You will be subject to and will be deemed to have been made aware of and
to have accepted, the changes in any revised Terms of Use by your continued use of the Site
after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution or use by any person or
entity in a jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirements within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other locations do so
on their own initiative and are solely responsible for compliance with local laws, if that to the
extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability
and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.),
so if your interactions would be subject to such laws, you may not use this Site. You may not
use this Site in any way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old period persons under the age of 18
are not permitted to use or register for this Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the
Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein
(the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright
and trademark laws and various other intellectual property rights and unfair competition laws of
the United States, international copy laws, and international conventions. The Content and the
Marks are provided on the Site “AS IS” for your information and personal use only. except as
expressly provided in these Terms of Use, no part of the Site and no content or marks may be
copied, reproduced, aggregated, republished, uploaded, hosted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial
purposes whatsoever, without our express prior written permission.
Provided that you are eligible to use this Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the content to which you have
properly gained access solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content, and the Marks.
functionality, software, website designs, audio, video, text, photographs, and graphics on the
Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein
(the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright
and trademark laws and various other intellectual property rights and unfair competition laws of
the United States, international copy laws, and international conventions. The Content and the
Marks are provided on the Site “AS IS” for your information and personal use only. except as
expressly provided in these Terms of Use, no part of the Site and no content or marks may be
copied, reproduced, aggregated, republished, uploaded, hosted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial
purposes whatsoever, without our express prior written permission.
Provided that you are eligible to use this Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the content to which you have
properly gained access solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content, and the Marks.
3. INTELLECTUAL PROPERTY RIGHTS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree
to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you
reside; (3) you will not access the Site through automated or non-human means, whether
through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized
purpose; And (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not correct, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of this
Site (or any portion thereof).
to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you
reside; (3) you will not access the Site through automated or non-human means, whether
through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized
purpose; And (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not correct, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use of this
Site (or any portion thereof).
4. PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications,
and details of the products available on the Site. However, we do not guarantee that the colors,
features, specifications, and details of the products will be accurate, complete, reliable, current,
or free of other errors, and your electronic display may not accurately reflect the actual colors
and details of the products. all products are subject to availability, and we cannot guarantee that
items will be in stock. We reserve the right to discontinue any product at any time for any
reason. Crisis for all products are subject to change.
and details of the products available on the Site. However, we do not guarantee that the colors,
features, specifications, and details of the products will be accurate, complete, reliable, current,
or free of other errors, and your electronic display may not accurately reflect the actual colors
and details of the products. all products are subject to availability, and we cannot guarantee that
items will be in stock. We reserve the right to discontinue any product at any time for any
reason. Crisis for all products are subject to change.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
● Visa
● Mastercard
● American Express
● Discover
● Apple Pay
● Google Pay
● JBC
● Cash App
● Afterpay
You agree to provide current, complete, and accurate purchase and account information for
all purchases made via the Site. You further agree to promptly update account and payment
information, including e-mail address, payment method, and payment card expiration date,
so that we can complete your transactions and contact you as needed. Sales tax will be
added to the price of the purchase as deemed required by us. We may change prices at any
time period all payments shall be in U.S. dollars.
You agree to pay all charges at the price then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment provider for
any such amounts upon placing your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same customer account, the
same payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, and our sole judgment, appeared to be
placed by dealers, resellers, or distributors.
all purchases made via the Site. You further agree to promptly update account and payment
information, including e-mail address, payment method, and payment card expiration date,
so that we can complete your transactions and contact you as needed. Sales tax will be
added to the price of the purchase as deemed required by us. We may change prices at any
time period all payments shall be in U.S. dollars.
You agree to pay all charges at the price then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment provider for
any such amounts upon placing your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same customer account, the
same payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, and our sole judgment, appeared to be
placed by dealers, resellers, or distributors.
6. RETURN POLICY
Please review our Return Policy posted on the Site prior to making any purchases.
7. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the
Site available. The Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a user of the Site, you agreed to:
Site available. The Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a user of the Site, you agreed to:
● Systematically retrieve data or other content from the Site or create or compile,
directly or indirectly, a collection, compilation, database, or directory without written
permission from us.
● Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
directly or indirectly, a collection, compilation, database, or directory without written
permission from us.
● Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
● Circumvent, disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Site and/or the content containing therein.
including features that prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Site and/or the content containing therein.
● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
● Use any information obtained from the Site in order to harass, abuse, or harm
another person.
another person.
● Engage in unauthorized framing of or linking to the Site.
● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming (continuous
posting of repetitive texts), that interferes with any party’s uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operations, or maintenance of the Site.
other material, including excessive use of capital letters and spamming (continuous
posting of repetitive texts), that interferes with any party’s uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operations, or maintenance of the Site.
● Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data gathering
and extraction tools.
comments or messages, or using any data mining, robots, or similar data gathering
and extraction tools.
● Delete the copyright or other proprietary rights notice from any Content.
● Attempt to impersonate another user or person or use the username of another user.
● Upload or transmit (or attempt to upload or transmit) any material that acts as a
passive or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1 x 1 pixel, web bugs, cookies,
or other similar devices (sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”)
passive or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1 x 1 pixel, web bugs, cookies,
or other similar devices (sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”)
● Interfere with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
services connected to the Site.
● Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
providing any portion of the Site to you.
● Attempt to bypass any measures of the Site designed to prevent or restrict access to
the Site, or any portion of the Site.
the Site, or any portion of the Site.
● Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
JavaScript, or other code.
● Except this permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software compromising or in any way making up a part
of the Site.
reverse engineer any of the software compromising or in any way making up a part
of the Site.
● Except as may be the result of the standard search engine or Internet browser
usage, use, launch, development, or distribution of any automated system, including
without limitations, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Site, or using or launching any unauthorized script or other software.
usage, use, launch, development, or distribution of any automated system, including
without limitations, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Site, or using or launching any unauthorized script or other software.
● Use a buying agent or purchasing agent to make purchases on the Site.
● Make any unauthorized use of the Site, including collecting usernames and/or e-mail
addresses of users by electronic or other means for the purpose of sending
unsolicited e-mail, or creating user accounts by automated means or under false
pretenses.
addresses of users by electronic or other means for the purpose of sending
unsolicited e-mail, or creating user accounts by automated means or under false
pretenses.
● Use this Site as part of any effort to compete with us or otherwise use this Site
and/or the content for any revenue-generating endeavor or commercial enterprise.
and/or the content for any revenue-generating endeavor or commercial enterprise.
● Sell or otherwise transfer your profile.
8. USER-GENERATED CONTRIBUTIONS
The Site does not offer Users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comment, suggestions, or personal information or other material
(collectively, “Contributions”). Contributions may be viewable by other users of the Site and
through third-party websites. As such, any Contributions you transmit may be treated in
accordance with the Site privacy policy. When you create or make available any Contributions,
you thereby represent and warrant that:
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comment, suggestions, or personal information or other material
(collectively, “Contributions”). Contributions may be viewable by other users of the Site and
through third-party websites. As such, any Contributions you transmit may be treated in
accordance with the Site privacy policy. When you create or make available any Contributions,
you thereby represent and warrant that:
● The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe the
property rights, including but not limited to the copyright, patent, TM, trade secret, or
moral rights with any third party.
accessing, downloading, or copying of your Contributions do not and will not infringe the
property rights, including but not limited to the copyright, patent, TM, trade secret, or
moral rights with any third party.
● You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and other users of the
Site to use your Contributions in any manner contemplated by the Site and these Terms
of Use.
releases, and permissions to use and to authorize us, the Site, and other users of the
Site to use your Contributions in any manner contemplated by the Site and these Terms
of Use.
● You have the written consent, release, and/or permission of Each and every identifiable
individual person in your Contributions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and the use of your Contributions
in any matter contemplated by the Site and these Terms of Use.
individual person in your Contributions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and the use of your Contributions
in any matter contemplated by the Site and these Terms of Use.
● Your Contributions are not false, inaccurate, or misleading.
● Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
● Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
slanderous, or otherwise objectionable (as determined by us).
● Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
● Your Contributions are not used to harass or threaten (in the legal sense of those terms)
any other person and to promote violence against this specific person or class of people.
any other person and to promote violence against this specific person or class of people.
● Your Contributions do not violate any applicable law, regulations, or rule.
● Your Contributions do not violate any applicable law concerning child pornography or
otherwise intended to protect the health or well-being of minors;
otherwise intended to protect the health or well-being of minors;
● Your Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
national origin, gender, sexual preference, or physical handicap.
● Your Contributions do not otherwise violate or link to material that violates, any provision
of these Terms of Use, or any applicable law or regulation.
Any use of this Site or the Marketplace Offerings and violation of the foregoing violates These
Terms of Use and may result in, among other things, termination or suspension of your right to
use the Site and the Marketplace Offerings.
of these Terms of Use, or any applicable law or regulation.
Any use of this Site or the Marketplace Offerings and violation of the foregoing violates These
Terms of Use and may result in, among other things, termination or suspension of your right to
use the Site and the Marketplace Offerings.
9. CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy Policy and your choices
(including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and
share such feedback for any purposes without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. You're not liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for your Contributions to this
site, and you expressly agree to exonerate us from any and all responsibility and to refrain from
any legal action against us regarding your Contributions.
personal data that you provide following the terms of the Privacy Policy and your choices
(including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and
share such feedback for any purposes without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. You're not liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for your Contributions to this
site, and you expressly agree to exonerate us from any and all responsibility and to refrain from
any legal action against us regarding your Contributions.
10. GUIDELINES FOR REVIEWS
We may provide you with areas on the Site to leave reviews or ratings. When posting a review,
you must comply with the following criteria: (1) you should have first-hand experience with the
person or entity being reviewed; (2) your review should not contain offensive profanity, or
abusive, racist, offensive, or hate language; (3) year review should not contain discriminatory
references based on religion, race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your review should not contain references to illegal activity; (5) you
should not be affiliated with competitors if posting negative reviews; (6) you should not make
any conclusions to the legality of conduct; (7) you may not post any false or misleading
statements; And (8) you may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsements by us and do not necessarily
represent our opinions or the views of any of our affiliates or partners. We do not assume
liability for any review or for any claims, liabilities, or losses resulting from any review. By posting
a review, you hereby grant us a perpetual, non-exclusive worldwide, royalty-free, fully paid,
assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content relating to review.
you must comply with the following criteria: (1) you should have first-hand experience with the
person or entity being reviewed; (2) your review should not contain offensive profanity, or
abusive, racist, offensive, or hate language; (3) year review should not contain discriminatory
references based on religion, race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your review should not contain references to illegal activity; (5) you
should not be affiliated with competitors if posting negative reviews; (6) you should not make
any conclusions to the legality of conduct; (7) you may not post any false or misleading
statements; And (8) you may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsements by us and do not necessarily
represent our opinions or the views of any of our affiliates or partners. We do not assume
liability for any review or for any claims, liabilities, or losses resulting from any review. By posting
a review, you hereby grant us a perpetual, non-exclusive worldwide, royalty-free, fully paid,
assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content relating to review.
11. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or
other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by
you to us are non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and so be entitled to the unrestricted use and
dissemination of these Submissions For any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby wave moral rights to any such
Submissions, and you hereby warned that any such Submissions are original with you or that
you have the right to submit each Submissions. You agree there shall be no recourse against us
for any alleged or actual infringement or misappropriation of any proprietary right in your
submission.
other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by
you to us are non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and so be entitled to the unrestricted use and
dissemination of these Submissions For any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby wave moral rights to any such
Submissions, and you hereby warned that any such Submissions are original with you or that
you have the right to submit each Submissions. You agree there shall be no recourse against us
for any alleged or actual infringement or misappropriation of any proprietary right in your
submission.
12. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms
of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates
these laws or these Terms of Use, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable to the extent technologically feasible any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and content that are excessive in
size or are in any way burdensome to our system; and (5) otherwise manage the Site in a man
are designed to protect our rights and property and to facilitate the proper functioning of the Site
and the Marketplace Offerings.
of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates
these laws or these Terms of Use, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable to the extent technologically feasible any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and content that are excessive in
size or are in any way burdensome to our system; and (5) otherwise manage the Site in a man
are designed to protect our rights and property and to facilitate the proper functioning of the Site
and the Marketplace Offerings.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
https://www.nanasnacksllc.com/privacy-policy. By using the Site or the Marketplace Offerings,
you agree to be bound by our privacy policy which is incorporated into these Terms of Use.
Please be advised this site and the Marketplace Offerings are hosted in the United States. If you
access the Site or the Marketplace Offerings from any other region of the world with laws or
other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued use of the Site, you are
transferring your data to the United States, and you expressly consent to have your data
transferred to and processed in the United States.
https://www.nanasnacksllc.com/privacy-policy. By using the Site or the Marketplace Offerings,
you agree to be bound by our privacy policy which is incorporated into these Terms of Use.
Please be advised this site and the Marketplace Offerings are hosted in the United States. If you
access the Site or the Marketplace Offerings from any other region of the world with laws or
other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued use of the Site, you are
transferring your data to the United States, and you expressly consent to have your data
transferred to and processed in the United States.
14. TERMS AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISIONS OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
LIMITING ANY OTHER PROVISIONS OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our site. We also reserve the right to modify or discontinue all or part of the
Marketplace Offerings without notice at any time. We will not be liable to you or any third party
for any modifications, price change, suspension, or discontinuance of the Site or the
Marketplace Offerings.
We cannot guarantee the Site in the Marketplace Offerings will be available at all times period
we may experience hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinued, or otherwise modify the Site or the Marketplace Offerings
at any time or for any reason without notice to you. You agree that you have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access or use
the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the
Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to
maintain and support the Site and/or Marketplace Offerings or to supply any corrections,
updates, or release in connection therewith.
reason at our sole discretion without notice. However, we have no obligation to update any
information on our site. We also reserve the right to modify or discontinue all or part of the
Marketplace Offerings without notice at any time. We will not be liable to you or any third party
for any modifications, price change, suspension, or discontinuance of the Site or the
Marketplace Offerings.
We cannot guarantee the Site in the Marketplace Offerings will be available at all times period
we may experience hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinued, or otherwise modify the Site or the Marketplace Offerings
at any time or for any reason without notice to you. You agree that you have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access or use
the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the
Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to
maintain and support the Site and/or Marketplace Offerings or to supply any corrections,
updates, or release in connection therewith.
16. GOVERNING LAW
These Terms of Use and your use of the Site and the Marketplace Offerings are governed by
and construed in accordance with the laws of the state of Colorado applicable to agreements
made and to be entirely performed within the state of Colorado, without regard to its conflict of
law principles.
and construed in accordance with the laws of the state of Colorado applicable to agreements
made and to be entirely performed within the state of Colorado, without regard to its conflict of
law principles.
17. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any Dispute, controversy, or claim related to these
terms’ of use (each “Dispute” and collectively, the “Disputes”) brought by either you or us
(individually, a “Party and collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Disputes except those Disputes expressly provided below informally for at least
thirty (30) days before initiating the arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except
those Disputes expressly excluded below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND TAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE
RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American Arbitration Association
(“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes (“AAA Consumer Rules”), both of which are available at the AAA website.
www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed
by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The
arbitration may be conducted in person, through the submission of documents, by phone, or
online. The arbitrator will make a decision in the writing but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except where otherwise required by the
applicable AAA rules or applicable law, the arbitration will take place in El Paso County,
Colorado. Except as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment
on the award entered by the arbitrator.
Is there any reason, for a Dispute for seeding in court rather than arbitration, the Dispute shall
be commenced or prosecuted in the state and federal courts located in El Paso County,
Colorado Palmer, and the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non-convenient with respect to venue and jurisdiction in such state and
federal courts. Application of the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded
from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be
commenced more than one (1) years after the cause of action arose. If this provision is found to
be illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within the
portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of the court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other
proceedings; (b) there is no right or authority for any Dispute to be arbitrated on a class action
basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to
be brought in a purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitrations
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable,
then neither party will elect to arbitrate any Dispute following within that portion of this provision
found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed the jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
To expedite resolution and control the cost of any Dispute, controversy, or claim related to these
terms’ of use (each “Dispute” and collectively, the “Disputes”) brought by either you or us
(individually, a “Party and collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Disputes except those Disputes expressly provided below informally for at least
thirty (30) days before initiating the arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except
those Disputes expressly excluded below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND TAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE
RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American Arbitration Association
(“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes (“AAA Consumer Rules”), both of which are available at the AAA website.
www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed
by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The
arbitration may be conducted in person, through the submission of documents, by phone, or
online. The arbitrator will make a decision in the writing but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except where otherwise required by the
applicable AAA rules or applicable law, the arbitration will take place in El Paso County,
Colorado. Except as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment
on the award entered by the arbitrator.
Is there any reason, for a Dispute for seeding in court rather than arbitration, the Dispute shall
be commenced or prosecuted in the state and federal courts located in El Paso County,
Colorado Palmer, and the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non-convenient with respect to venue and jurisdiction in such state and
federal courts. Application of the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded
from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be
commenced more than one (1) years after the cause of action arose. If this provision is found to
be illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within the
portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of the court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other
proceedings; (b) there is no right or authority for any Dispute to be arbitrated on a class action
basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to
be brought in a purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitrations
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable,
then neither party will elect to arbitrate any Dispute following within that portion of this provision
found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed the jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
18. CORRECTIONS
There may be information on the Site that contains typographical errors, accuracies, or
omissions that may relate to the Marketplace Offerings, including descriptions, pricing,
availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions in to change or update the information on the Site at any time,
without prior notice.
omissions that may relate to the Marketplace Offerings, including descriptions, pricing,
availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions in to change or update the information on the Site at any time,
without prior notice.
19. DISCLAIMER
THIS SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUG, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AN MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BYA THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUG, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AN MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BYA THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made
by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use;
(3) any breach of your representation and warranty set forth in these Terms of Use; (4) your
violation of the rights of a third party, including but not limited to intellectual property rights; or (5)
any overt harmful act towards any other use of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
all of our respective officers, agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made
by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use;
(3) any breach of your representation and warranty set forth in these Terms of Use; (4) your
violation of the rights of a third party, including but not limited to intellectual property rights; or (5)
any overt harmful act towards any other use of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
22. USER DATA
We will maintain certain data that you transmit to the Site for the purposes of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree that we shall have no
liability to you so any loss or corruption of such data, and you hereby waive the right of action
against us so rising from such loss or corruption of data.
performance of the Site, as well as data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree that we shall have no
liability to you so any loss or corruption of such data, and you hereby waive the right of action
against us so rising from such loss or corruption of data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES
AND SIGNATURES
Visiting the Site, sending us emails, in completing an online form constitute electric
communication. You consent to receive electronic communication, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via e-mail, and on the Site, satisfy any legal requirements that such communication will be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE. you hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or two payments or the granting of critics by any means
other than electronic means.
communication. You consent to receive electronic communication, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via e-mail, and on the Site, satisfy any legal requirements that such communication will be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE. you hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or two payments or the granting of critics by any means
other than electronic means.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint within us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of Consumer
Affairs in writing at 1625 N Market Blvd, Suite N 112, Sacramento, California 95834 or by
telephone at (800) 952- 5210 or (916) 445-1254.
Assistance Unit of the Division of Consumer Services of the California Department of Consumer
Affairs in writing at 1625 N Market Blvd, Suite N 112, Sacramento, California 95834 or by
telephone at (800) 952- 5210 or (916) 445-1254.
25. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to
the Site constitute the entire agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of
such right or provision. These Terms of Use operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond
our reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these terms reviews it does not affect the validity and enforceability of
the remaining provisions. There is no joint venture, partnership, employment, or agency
relationship created between you and us as a result of these Terms of Use or use of the Site.
You agree that these Terms of Use will not be construed against us by virtue of having drafted
them. You hereby waive any and all the fences you may have based on the electronic form of
these Terms of Use and the lack of signing by the Parties hereto to execute these Terms of Use.
the Site constitute the entire agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of
such right or provision. These Terms of Use operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond
our reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these terms reviews it does not affect the validity and enforceability of
the remaining provisions. There is no joint venture, partnership, employment, or agency
relationship created between you and us as a result of these Terms of Use or use of the Site.
You agree that these Terms of Use will not be construed against us by virtue of having drafted
them. You hereby waive any and all the fences you may have based on the electronic form of
these Terms of Use and the lack of signing by the Parties hereto to execute these Terms of Use.
26. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use
of the Site, please contact us at:
Nana Snacks, LLC
2276 Pinyon Jay Drive
Colorado Springs, CO 80951
United States
Phone: (US) (719) 505-0684
[email protected]
of the Site, please contact us at:
Nana Snacks, LLC
2276 Pinyon Jay Drive
Colorado Springs, CO 80951
United States
Phone: (US) (719) 505-0684
[email protected]
© 2022 NANA SNACKS LLC. All rights reserved.