Terms of use
Welcome To Push For Snacks!
The gist:
Push For Snacks is an iOS and Android application where users can push a button, set or enter their PIN code, and pay $10 via supplied payment method to have an envelope filled with 4-6 snacks delivered to their doorstep.
We ask that you please eat responsibly as some of our snacks may contain allergens such as but not limited to: peanuts, almonds, cashews, walnuts, various fruits, gluten, lactose, eggs, shellfish, soy, wheat, etc. If you are unsure if a particular snack has an allergen in its ingredients, do not eat it!
The Application Push For Snacks (the “Application”) and website located at www.PushForSnacks.com (the "Site") is a copyrighted work belonging to MunchPak LLC (“Company”, “us”, “our”, and “we”). The following terms and conditions govern all use of the Push For Snacks application and PushForSnacks.com website and all content, services and products available at or through the application and website, including, but not limited to, PushForSnacks.com ("Push For Snacks"). The Application and Site are owned and operated by MunchPak LLC ("MunchPak").
Acceptance of Terms
By accessing any part of this application or website and pushing the button to receive snacks, you agree and become bound by these terms and conditions in this agreement and all other operating rules, policies (including, without limitation, Push For Snacks’ Privacy Policy) and procedures that may be published on this application/website by MunchPak (collectively, the “Agreement”). Push For Snacks and its services are only available to adults age 18 and over in the United States. Continued use of the site constitutes your agreement to these terms as they may be amended from time to time without prior notice.
Application and Website Content
1. Member Account, Password and Security.
In order to use the application or the Services, you must register for an account with Push For Snacks (an “Account”) and provide certain information. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You acknowledge that MunchPak reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Push For Snacks reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2. Ownership.
As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Application, Site and the Services, and all related intellectual property rights. Company and its suppliers reserve all rights not granted in the Terms. You may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Application, Site or the Services. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
3. Copyright.
Except for material in the public domain under United States copyright law, all material contained on the Application and Site (including all software, HTML, PHP, CSS, Java applets, and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Application or Website without our written consent. None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without our prior written consent. Violation of this provision may result in severe civil and criminal penalties. Copyright © 2014 Push For Snacks. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site or Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Copyright Complaints
Push For Snacks respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Push For Snacks of your infringement claim in accordance with the procedure set forth below.
To be effective, the notification must be in writing and contain the following information:
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an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
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a description of the copyrighted work or other intellectual property that you claim has been infringed;
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a description of where the material that you claim is infringing is located on the Site or Service, with enough detail that we may find it on the Site or Service;
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your address, telephone number, and email address;
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a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
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a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Push For Snacks will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Push For Snacks’ Copyright Agent support@munchpak.zendesk.com (Subject line: "DMCA Takedown Request").
Ordering Services
You may order the Service pushing (pressing) the button in the Push For Snacks application and entering your secret PIN. Once you order the Service, snacks will be sent out within 1-5 business days unless otherwise noted. Company may send you token gifts, inclusive of your costs of the Service.
Packages (Bags of Snacks)
Each Push For Snacks package contains 4-6 full size snacks.
A full size snack consists of any snack weighing .25 ounces or more. Any snacks below this weight will not count against the allocated amount of snacks of the product purchased and are included at no additional cost.
The contents of each Push For Snacks package will vary, and we make no guarantees regarding the content of each bag of snacks, that you will receive a particular product in a bag or that certain products will be available in your package. Many of our suppliers’ products come in limited quantities and may not be available in the future. It is your responsibility to review the ingredients of each product to avoid allergic reactions or other side effects. The products within the bag of snacks are not manufactured by Push For Snacks, but rather by Push For Snacks’ suppliers. For information on returns and refunds, please see our Frequently Asked Questions located at http://pushforsnacks.com/faq/
Billing and Payments
Payment Terms. If you press the button to order Snacks, you agree to pay the then-current applicable fee listed within the Application. Push For Snacks will bill your credit card submitted in first ordering the Service on the date the button is pressed to receive Snacks. You hereby authorize MunchPak LLC to bill your credit card as described above. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. If any fee cannot be charged to your credit card for any reason, Company may provide you, via email, notice of such non-payment and a link for you to update your payment information.
Shipping
Packages of snacks are shipped out every day Monday-Friday excluding holidays. All Bags of Snacks are sent via United States Postal Service Priority Mail, it can take between 1-5 days for your package to be delivered.
Intellectual Property Rights
Unless otherwise noted, all Content contained on this Application and Site is the property of Push For Snacks, MunchPak and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
Risk of Loss
All items purchased from the Push For Snacks Application are made pursuant to a shipment contract. The risk of loss for such items is passed to you upon our delivery to the carrier. Push For Snacks is not to be held responsible for any lost, stolen, melted, damaged, or destroyed items that may occur during the shipping process.
Returns and Exchanges
Due to FDA regulations, we are unable to accept returns on snacks.
Refund Policy
No refunds will be issued on orders that have already left our facility. Credits may be issued towards future bags of Snacks in rare occurrences at our discretion.
Limitation of Liability
Push For Snack shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Push For Snacks has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification And Defense
As a condition of the use of the Application and/or Site, you agree to defend, indemnify, and hold harmless Push For Snacks, MunchPak, and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
User Submitted Content
We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Application and/or Site
Privacy
Push For Snacks will use any personal data you supply through this site in accordance with its Privacy Policy.
Disclaimer of Warranty
We are unable to prove any assurances, promises, or guarantees regarding allergies. Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Application and/or Site.
Allergies
Some of our snacks may contain allergens such as but not limited to: peanuts, almonds, cashews, walnuts, various fruits, gluten, lactose, eggs, shellfish, soy, wheat, etc. If you are unsure if a particular snack has an allergen in its ingredients, do not eat it!
No Implied Endorsements
This Application and/or Site may contain links to sites maintained by third parties. Push For Snacks is not responsible for the content of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any party who is associated with those sites.
Governing Law
Governing law and venue. The Site and Application Push For Snacks is operated and provided in the State of Arizona. As such, Push For Snacks is subject to the laws of the State of Arizona and such laws will govern the terms of this use. Push For Snacks makes no representation that its application or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the application, website, products, or services of Push For Snacks, you agree to do so subject to the laws of the State of Arizona. Any dispute arising out of the terms and provisions of this Use Agreement shall be governed by the laws of the State of Arizona and any action brought in law or in equity shall be brought only in a court of appropriate jurisdiction in the State of Arizona, County of Maricopa.
Severability
If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Push For Snacks and PushForSnacks.com reserves the right to make changes to these terms and conditions at anytime without notice.