TERMS OF SERVICE

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Welcome and thank you for joining MunchFans. MunchFans operate an e-commerce website hosted by Shopify, Inc., serving the contiguous United States. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to these Terms of Service (hereafter referred to as the "Terms"), along with the terms and conditions as stated in our Privacy Policy or other documents or articles from our website, which is incorporated herein by reference.

 

SECTION 1. MODIFICATION

We reserve the right to change the Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms.

 

SECTION 2. ACCEPTABLE USE

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter, referred to as "Services"), you agree to use these Services only for the purposes intended as permitted by (a) the Terms, and (b) all applicable laws, regulations, and generally accepted online practices or guidelines. In addition:

  1. Account Information. In order to access our Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date.
  2. Account Login and Control. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Further, you are responsible for resetting your password due to any perceived or actual security threat. Accordingly, you are responsible for all activities that occur under your account(s).
  3. Accessing Our Services. Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.
  4. Interference or Disrupting Our Services. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.
  5. Prohibitions. Attempting to or engaging in an act to copy, duplicate, reproduce, sell, trade, scrape, reverse engineer, or resell our Services is strictly prohibited.
  6. Consequences of Unauthorized Activities. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. User-Generated Content. We may provide various open communication tools on our websites, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, misogynistic, or contains any type of inflammatory, suggestive, inappropriate, or explicit language;
    2. infringes on any trademark, logo, tradename, patent, trade secret, copyright, or other proprietary right of any party;
    3. contains any type of unauthorized or unsolicited advertising;
    4. impersonates any person or entity, including any MunchFans employees, agents or representatives.

 

SECTION 3. CUSTOMER EXPERIENCE & RESTRICTIONS

  1. Placing an Order. Orders must be confirmed before an order is placed. Available delivery dates and delivery fees will be shown during the ordering process. You may modify or cancel orders by contacting our Customer Service Department at support@munchfans.com (restrictions apply).
  2. Price. The prices displayed through our website may differ from the prices offered by other sellers for the same products, and may not be the lowest prices available. MunchFans reserves the right to change prices at any time, and to limit either your order or the quantity of a product you may order. If certain products are not priced correctly, MunchFans may cancel orders for the products. We will contact you immediately and will issue you a refund for the products.
  3. Availability. To provide you the freshest products, we receive goods every day, and products are prepared and packed close to delivery time. On occasion, we may experience disruptions in our supply chain including shortages and quality control concerns. As a result, certain products may become unavailable immediately before the scheduled delivery date. In the event of any supply chain disruption that affects your order, we will deliver the rest of your order and issue you a refund for the unavailable items. In such circumstances, you'll receive an email informing you and see the unavailable item marked as "Out of Stock" on the invoice. If something is missing from your order, and is not marked as "Out of Stock", please submit a refund request by contacting our Customer Service Department at support@munchfans.com.
  4. Cancellations. You may choose to cancel orders via the “My Account” section or by contacting our Customer Service Department before the items are shipped. We will charge a fee for cancellation which equals 50% of the order total amount, minus any applied shipping & handling charges. Orders can’t be cancelled once the order is shipped.
  5. Payments. Payments for products or services on MunchFans may only be made through authorized and unexpired payment card. MunchFans reserves the right to either cancel or amend any order in the event of an expired, fraudulent, or otherwise suspicious payment method.
  6. Account Suspension. MunchFans reserves the right to close or suspend any account in the event that the account is associated with an expired, fraudulent, or otherwise suspicious payment method, any abusive use of our Services, or any violation of breach of these Terms.
  7. Product Delivery (non Mail-Order). We do not require your presence for delivery of products. We will deliver to the address you designate and will leave the package at your door, yard, locker, mailroom, or leasing office. Our delivery personnel follow a designated route and cannot stop to inspect, verify, redirect, delay, or adjust your delivery. In the event we are unable to deliver your package (e.g., incorrect address/missing apartment number, building, floor, or unit number; no access code, call box number, or buzzer information; no safe drop-off place to protect the package from theft or bad weather) we will attempt to contact you. If we agree on an alternate location and/or time for the re-delivery, a redelivery fee may apply. If we can't reach you after multiple attempts, or if we are unable to re-deliver the order for any reason, the order will be canceled resulting in a cancellation fee charged to you. In the event you input the wrong address and we successfully deliver to that address; you are responsible for that shipment without refund. Please be careful and input the correct address into each order.
    1. Delivery Time. We make every effort to deliver on the designated day between 10AM and 8PM (PST). If for any reason, we are unable to deliver between delivery time on the designated day, we may contact you to reschedule your delivery at our cost.
    2. Delivery Delays. In the event of severe traffic, accidents, weather, or other matters that may cause a material delay to delivery, we will contact you with an update via text and/or email.
    3. Delivery Fees & Gratuities. Orders of non Mail-Order products of less than $49 in retail-value delivered in a single order will be subject to a shipping & handling fee in range of $10-$15 based on order total amount. We reserve the right to add a delivery fee in the event of redelivery, special handling concerns, or other costs for your order. This is not a gratuity for delivery personnel. If you wish, you may also give the delivery driver a gratuity.
    4. Package Theft. MunchFans is not responsible for any theft and/or misplacement of the order once it is deemed delivered by MunchFans’ delivery personnel or third-party courier. You will solely be responsible for providing secure delivery location with instructions and/or securing delivered items to avoid theft and/or misplacement.
    5. Delivery Temperature Controls. We do our best to keep all of our products at or below the minimum recommended or required temperature thresholds. Upon receipt, we recommend you either refrigerate or freeze perishable products as soon as you receive the order. Some minimal degree of melt or deformation may occur depending on the temperature and conditions of your delivery address.
  8.  Product Delivery (Mail-Order). We do not require your presence for delivery of products. We will deliver to the address you designate through a third-party courier and will request the package to be left at your door, yard, locker, mailroom, or leasing office. In the event that the third-party courier is unable to deliver your package (e.g., incorrect address/missing apartment number, building, floor, or unit number; no access code, call box number, or buzzer information; no safe drop-off place to protect the package from theft or bad weather), either we or the third-party courier will attempt to contact you. If we or the third-party courier can't reach you after multiple attempts, or if we or the third-party courier are unable to re-deliver the order for any reason, the order will be canceled without refund. In the event you input the incorrect address and we successfully deliver to that address; you are responsible for that shipment without refund. Please be careful and input the correct address into each order. Notwithstanding the foregoing, the third-party courier will abide by its internal standard operation procedure.
    1. Delivery Dates. Delivery will be made Monday through Friday for most addresses, provided that some addresses may be excluded from delivery on Mondays. We will endeavor to have deliveries made on the scheduled delivery date as provided on your account.
    2. Delivery Time. Delivery time may vary as we are utilizing a third-party courier.
    3. Delivery Fees & Gratuities. Orders of Mail-Order products of less than $49 in retail-value delivered in a single order will be subject to a shipping & handling fee in range of $10-$15 per order. We reserve the right to add additional delivery fee in the event of redelivery, special handling concerns, or other costs for your order. This is not a gratuity for delivery personnel. If you wish, you may also give the delivery driver a gratuity.
    4. Package Theft. MunchFans is not responsible for any theft and/or misplacement of the order once it is deemed delivered by designated third-party courier. You will solely be responsible for providing secure delivery location with instructions and/or securing delivered items to avoid theft and/or misplacement.
    5. Delivery Temperature Controls. We do our best to keep all of our products at or below the minimum recommended or required temperature thresholds. Upon receipt, we recommend you either refrigerate or freeze perishable products as soon as you receive the order. Some minimal degree of melt or deforming may occur depending on the temperature and conditions of your delivery address.
  9. Your Orders. You will receive an email containing order details and tracking link when the order is prepared for shipment. You may access your orders through your account in the "My Account" section.
  10. Returns & Refunds. MunchFans is committed to your satisfaction. In some cases, you may receive a product that fails to meet our standards for quality or may have been damaged during the transit. You may contact our Customer Service Department at support@munchfans.com or “Contact Us” page within forty-eight (48) hours to report issue from the delivery date. MunchFans recommend photographing the issue and/or damage to be submitted along with the claim. Because the food and beverage products we sell are perishable with limited shelf lives, all items purchased through MunchFans.com are final and non-returnable/non-refundable for any other reason.

 

SECTION 4. PROMOTIONS & DISCOUNTS

MunchFans at its sole discretion, reserves the right to offer promotions and discounts with different features and different rates to our users, and may modify, suspend, terminate, or cancel any promotions or discounts at any time without notice and for any or no reason. A promotion or discount cannot be transferred or resold, cannot be used for non-qualifying or past orders, may be limited to specific products, may be subject to additional terms and conditions, and may be limited or rescinded. Only one (1) coupon can be used per order.

Abuse of any promotion or discount, including the use of multiple accounts associated with the same customer or group of customers, is a violation of our policy, and will result in order cancellation in addition to suspension or termination of the account. For example, if MunchFans finds that users are creating duplicate accounts to use limited promotions or coupons multiple times, MunchFans reserves the right to cancel or void the order, and close the customer account.

 

SECTION 5. COMMUNICATIONS

You agree that MunchFans may send you sales and marketing communications, such as by email or text messages. You can opt out of receiving MunchFans sales and marketing communications at any time by following the unsubscribe instructions in those messages. This will not affect subsequent subscriptions and if your opt-in is limited to certain types of emails, the opt-out will also be so limited. You may be given the opportunity to opt in to MunchFans message programs which provide updates regarding product and service information/availability, marketing messages, and promotional offers. These marketing messages may be autodialed, prerecorded or promotional and may be delivered via voice or text. You may opt out of receiving text messages at any time by replying "STOP" to the message. You may receive one confirming text. Message and data rates may apply. You may opt out of any voice telephone message program by following the directions provided during the telephone call.

 

SECTION 6. LICENSING RIGHTS

  1. Content. Our Services, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to MunchFans and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, MunchFans and our licensors reserve all rights in and to our Services. MunchFans grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Services to any third party or otherwise use our Services for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and may result in account suspension or termination.
  2. User Generated Content. Our Services may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Content"). Except for the license you grant below, as between you and MunchFans, you retain all rights in and to your User Content. You grant MunchFans a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.
  3. Your Feedback. MunchFans is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Services, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

 

SECTION 7. DISCLAIMERS

The Services are provided on an "as is" and "as available" basis, without warranties, representations or endorsements of any kind. To the fullest extent permitted under applicable law, MunchFans disclaims all warranties of any kind, express, implied, statutory or otherwise (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, any warranty for information, data, data processing services or uninterrupted access or use). MunchFans does not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. MunchFans does not make any representations or warranties regarding the access or use of, or the results of the use of, the content on the Services (including all descriptions, images, references, features, specifications, information, data, products, and prices/availability of products described or depicted on the Services or services offered through the Services) in terms of its availability, usefulness, completeness, correctness, accuracy, reliability, validity, suitability, timeliness, correct sequencing, or otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.

 

SECTION 8. LIMITATION OF LIABILITY/REMEDY

To the fullest extent permitted under applicable law, under no circumstances (other than injury to the person in the case of consumer goods) shall MunchFans be liable for any consequential, incidental, special, punitive, exemplary, or indirect damages, or any lost profits or lost revenues, resulting from, based on, or arising out of (i) your access or use of, or inability to access or use, the Services; (ii) any transaction conducted through or facilitated by the Services; (iii) any claim attributable to errors, omissions, deficiencies, or other inaccuracies in the Services; (iv) any unauthorized access to, or use, disclosure or alteration of, your transmissions of data including, without limitation, your personal information or payment card information; (v) statements or conduct of any third party on the Services; or (vi) any other matter related to the Services, even if MunchFans or a MunchFans representative has been advised of the possibility of such damages.

Notwithstanding the foregoing, MunchFans’ total liability to you (excluding any liability for injury to the person in the case of consumer goods), whether under contract, warranty, tort (including but not limited to negligent, but excluding grossly negligent, reckless and intentional, acts of MunchFans), product liability, strict liability or any other theory, arising from these Terms or your access to and/or use of the Services for any reason whatsoever shall be limited in the aggregate to the total of all payments you have made to MunchFans (if any) during the thirty (30) day period preceding the date of such claim. If you are dissatisfied with any of the Services, or any services provided through any of the Services, your sole and exclusive remedy is to discontinue using the Services. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.

 

SECTION 9. INDEMNIFICATION

You agree to indemnify and hold harmless MunchFans, including and not limited to its subsidiaries and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such an event, you agree to provide us with such cooperation as is reasonably requested by us.

 

SECTION 10. ARBITRATION AGREEMENT

If you are a MunchFans member in the United States (including its possessions and territories), you and MunchFans agree that any dispute, claim or controversy arising out of or relating in any way to the MunchFans Services, these Terms and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and MunchFans are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your MunchFans membership.

If you elect to seek arbitration or file a small claims court action, you must first send to MunchFans, by certified mail, a written Notice of your claim ("Notice"). The Notice to MunchFans must be addressed to: MunchFans, Legal Department, 5818 Whitsett Ave. Unit 303, Valley Village, CA 91607 ("Notice Address") cc: legal@munchfans.com. If MunchFans initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by MunchFans, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If MunchFans and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MunchFans may commence an arbitration proceeding or file a claim in small claims court.

You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after MunchFans receive notice at the Notice Address that you have commenced arbitration, MunchFans will reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000, in which event you will be responsible for filing fees.

The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless MunchFans and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of MunchFans’ last written settlement offer made before an arbitrator was selected (or if MunchFans did not make a settlement offer before an arbitrator was selected), then MunchFans will pay you the amount of the award or US$250, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

YOU AND MUNCHFANS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MunchFans agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

 

SECTION 11. NOTICE TO CALIFORNIA CONSUMERS

Please contact Customer Service through the Help Center on our website if you have concerns, complaints, or feedback. For your reference, the State of California's Complaint Assistance Unit of the Division of the Consumer Services of The Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

As a California resident, under Proposition 65, you are entitled to notice when a Product contains a chemical, listed by and known to the State of California, to which exposure at a significant risk level can increase the risk of cancer and/or to be a reproductive toxicant. For information about Proposition 65, go to www.P65Warnings.ca.gov.

 

SECTION 12. GOVERNING LAW

These Terms and any other matters related to or arising from your use of the Services, shall be governed by and construed in accordance with the laws of the state of California, without resort to its conflict of law principles.

 

SECTION 13. CUSTOMER SUPPORT

To find more information about our Services, if you need assistance with your account, or have questions about your order, please visit the MunchFans “Contact Us” or “FAQ” on our website. In the event of any conflict between these Terms and information provided by Customer Service or other portions of our Services, these Terms will control.

 

SECTION 14. SURVIVAL

If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

 

SECTION 15. CHANGES TO TERMS AND ASSIGNMENT

MunchFans may, from time to time, change these Terms. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. MunchFans may assign these Terms and any other agreements with you to any affiliated company or to any entity that controls all or substantially all of our business or assets related to the applicable Services and/or MunchFans.

 

SECTION 16. COMMUNICATION PREFERENCES

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, to the contact information provided during your account registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.