Mountain Morsels

SUSTAINABLE SNACKS WEBSITE TERMS AND CONDITIONS

Sustainable Snacks, LLC (“Sustainable Snacks”) owns and operates this website located at www.mtnmorsels.com (the “Site”).  The Site is designed to provide a convenient, and informative experience for consumers to learn about us, our Mountain Morsels snacks and other products, and purchase our products (“Services”).  Please review this Terms and Conditions Agreement (“Terms and Conditions” or “Agreement”) carefully before using the Site.  This Agreement, together with Sustainable Snacks’ Privacy Policy, governs your use of the Site.  By registering for, logging into, using the Services (including purchasing products), visiting, and/or otherwise using the Site in any way, you indicate that you understand and intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you accept the terms and conditions as set forth in this Agreement and agree to be legally bound by them.  As used herein “you” and “your(s)” means you, the individual user of this Site.  

Sustainable Snacks reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions upon reasonable notice to you.  Your continued use of the Site and/or the Services following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.  If you do not accept any changes made to these Terms and Conditions, you should immediately terminate your use of the Site.  At all times, you are bound by the then-current version of these Terms and Conditions and all applicable laws.  Sustainable Snacks highly recommends that you review these Terms and Conditions from time to time to ensure that you are familiar with the most recent version.  When you visit the Site or send e-mails to us, you are communicating with us electronically.  Sustainable Snacks will communicate with you by e-mail or by posting notices on this Site.  You consent to receive communications from us electronically.  You agree that all agreements, notices, disclosures and other communications Sustainable Snacks provides to you electronically satisfy any legal requirement that such communications be in writing.

Sustainable Snacks uses Stripe to process orders for the Services that are made through the Site.  Therefore, information that you provide on the Site may also be governed by Stripe’s terms and conditions and privacy policies.  

Terms and Conditions

  1. Privacy Policy.  Please see Sustainable Snacks’ Privacy Policy for a summary of Sustainable Snacks’ personal data collection and use practices with respect to the Site and the Services.  By using this Site and the Services, you consent to Sustainable Snacks’ collection and use of personal data as outlined in Sustainable Snacks’ Privacy Policy.

  2. Undeliverable Orders; Cancellation; Return Policy.  At all times, the Services are subject to product availability.  

In the event that any product you order in connection with the Services is returned as undeliverable, unclaimed or refused, we will contact you via phone or email to try and rectify the problem. You will be required to pay additional shipping costs.  If such product is still undeliverable after a second attempt, you will be asked to provide a different shipping address. You may also be able to cancel your order, in which case you will be provided with a full refund minus all shipping costs.  The risk of loss and title to the products shipped in connection with the Services pass to you upon Sustainable Snacks’ delivery of such products to the shipping carrier.

You must contact us at orders@mtnmorsels.com within 12 hours of your order to cancel it. Cancellations after 12 hours of the time of your order will not be allowed.

If you are unhappy with the quality of any product you order in connection with the Services, we will provide you with a replacement as soon as we can (if/when available). Please contact us at orders@mtnmorsels.com with questions and we will instruct you once we receive your email.

All products purchased through the Site are for personal use only and are not for resale.  Sustainable Snacks reserves the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products.  In addition, Sustainable Snacks reserves the right to limit quantities of items purchased by each customer.  Sustainable Snacks further reserves the right to cancel any order or refuse to provide the Service to anyone for any lawful reason.

  1. Use of Credit Card.  If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

  2. Site Content.  This Site (including the software and files), the computers hosting this Site, and content provided on this Site, including the text, music and sound, graphics, images, photographs, audio and video, footage, animations, podcasts, analyses, studies, reports, and downloads (all such content collectively, the “Content”) are the exclusive property of Sustainable Snacks or are licensed to Sustainable Snacks, and are protected by law, including United States copyright, database, trade secret, and trademark law, as well as other state, national, and international laws and regulations.  Except as expressly provided in this Agreement, Sustainable Snacks does not grant any express or implied rights to you.  The Contents are © 2016, Sustainable Snacks, LLC.  All rights reserved.  Sustainable Snacks also owns copyright rights in the Site as a collective work and/or compilation and in any and all databases accessible on or through the Site.  Unless otherwise noted, SUSTAINABLE SNACKS, MOUNTAIN MORSELS, A LITTLE TASTE OF THE TRAIL, the Mountain Morsels “Mountain” Logo Design, and other brands featured on the Site constitute Sustainable Snacks’ trademarks.  You agree not to directly or indirectly: attempt to register, challenge, or contest the validity or Sustainable Snacks’ ownership of, such copyrights, trademarks or any other Sustainable Snacks intellectual property, or assist any third party in doing so.  The Site may also include the product, service and company names, as well as logos, of third parties.  Such third-party designations are the trade/service marks of their respective owners, and may not be used without the prior written permission of their respective owners.

  3. Grant of License.  Sustainable Snacks grants to you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with this Agreement.  Limited portions of the Content available in the public areas of the Site may be accessed, printed and downloaded on an occasional basis for non-commercial purposes, provided that all hard copies contain all copyright and other applicable proprietary rights notices included in such content and information and/or appropriate attribution to Sustainable Snacks in a form and manner acceptable to us.  You may not use Content in any manner that suggests the endorsement or association of any third-party entity, person, product, or service by Sustainable Snacks unless express written permission has been given by Sustainable Snacks in advance.  You may not under any circumstances copy, print, or download in any medium all or substantially all of the Content.  Unless and except as otherwise expressly permitted by this Agreement, you may not access, copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, or otherwise use any Content, information, or material obtained from or through this Site without written permission from Sustainable Snacks.  You may not remove any copyright notices or other notices of intellectual property rights from the Site or any Content available on or through the Site.  Any unauthorized use of this Site or the Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.

  4. Assumption of Risk.  You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations.  Although Sustainable Snacks has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed.  Accordingly, Sustainable Snacks is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information.  Sustainable Snacks shall have no liability for interruptions or omissions in Internet, network or hosting services.  You assume the sole and complete risk of using this Site.

  5. Links to Other Sites.  Sustainable Snacks may describe, reference, or provide links, in its sole discretion, to other information or products or sites on the Internet for your convenience in locating related information and services.  Any descriptions of, references to, or links to other products, publications or services does not imply endorsements of any kind, unless expressly stated by Sustainable Snacks.  Any such information, products or sites have not necessarily been reviewed by Sustainable Snacks and are provided or maintained by third parties over which Sustainable Snacks exercises no control.  In addition, to the extent that they were reviewed by Sustainable Snacks, Sustainable Snacks undertakes no responsibility for continually monitoring such sites; the material at a site when Sustainable Snacks viewed it may differ materially than when you do.  Accordingly, Sustainable Snacks expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites.  

    You may not create a link from your web site or any other Internet location to the Site without prior written permission of Sustainable Snacks.  As noted above, deep linking to internal pages of the Site is expressly prohibited.

  6. Events beyond Sustainable Snacks’ Control.  You expressly absolve and release Sustainable Snacks, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.

  7. Enforcing Security.  Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution.  For your protection, Sustainable Snacks reserves the right to view, monitor, and record activity on the Site without notice or further permission from you.  Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site.  Sustainable Snacks will also comply with all court orders involving requests for such information.

  8. Submissions.  Sustainable Snacks welcomes your feedback and suggestions about how to improve this Site, as well as other comments related to this Site and any Products or Services offered in connection with this Site.  Sustainable Snacks may also offer the ability to post comments, reviews, feedback, and other material to certain interactive portions of the Site.  Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Sustainable Snacks to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions.  You expressly acknowledge and agree that you waive any claim to the contrary.  Sustainable Snacks may, but will not be obligated to use, and/or provide any author attributions related to, any Submissions.  

You agree that the Submissions will not constitute or be comprised of any material that is unlawful or prohibited by this Agreement.  Sustainable Snacks reserves the right, but is not obligated, to monitor your public Submissions and remove any public Submissions that Sustainable Snacks considers, in its sole discretion, to constitute misuse of these rules.  Sustainable Snacks may restrict, suspend, or terminate your use of the Site or the Services where, in Sustainable Snacks’ sole discretion, it believes that there may have been such misuse.  The following examples include misuse of the Site:  (a) claiming a relationship with or speaking for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship (including but not limited to Sustainable Snacks); (b) providing false or misleading personal information or email addresses, or impersonating any other person or entity; (c) harming minors in any way; (d) harassing another person; (e) unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially, or otherwise objectionable Submissions; (e) infringing any patent, trademark, trade secret, copyright, or other proprietary rights of any person, or (f) unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.”  

The list above only serves to provide examples and is not meant to be an exhaustive list of the types of unacceptable uses of the Site that may result in the restriction, suspension, or termination of your use of the Site or the Services.  

  1. Sustainable Snacks respects the intellectual property of others, and it asks users of the Site to do the same.  Sustainable Snacks may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the rights of third parties, or whom Sustainable Snacks has a reasonable basis to believe infringe the rights of third parties.  User Representations.  You represent and warrant to Sustainable Snacks that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (a) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (b) collecting any information about other users of the Site; or (c) systematically extracting Content or other information or data contained in the Site to populate databases or other sites for internal or external use.  

  2. DISCLAIMERS.  SUSTAINABLE SNACKS PROVIDES THIS SITE, THE CONTENT, AND THE PRODUCTS AND SERVICES SOLD ON THE SITE ON AN “AS IS” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND.  SUSTAINABLE SNACKS MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT, USEFULNESS, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE, THE CONTENT, OR THE PRODUCTS AND SERVICES SOLD ON THE SITE.  FURTHER, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  AS STATED HEREIN, SUSTAINABLE SNACKS MAY MAKE MODIFICATIONS AND/OR CHANGES TO THIS SITE OR THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED ON THIS SITE AT ANY TIME, FOR ANY REASON.  YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE, THE CONTENT, AND THE PRODUCTS AND SERVICES OFFERED ON THE SITE.

OUR PRODUCTS CONTAIN TREE NUTS. AS SUCH, WE CANNOT GUARANTEE THAT ANY OF OUR PRODUCTS ARE SAFE TO CONSUME FOR PEOPLE WITH TREE NUT ALLERGY.  IF YOU HAVE ANY TYPE OF NUTALLERGY, PLEASE REFRAIN FROM EATING OUR PRODUCTS. SUSTAINABLE SNACKS DOES NOT ASSUME ANY LIABILITY FOR ADVERSE REACTIONS TO FOOD THAT HAS BEEN PRODUCED OR SOLD BY SUSTAINABLE SNACKS.

UNDER NO CIRCUMSTANCES WILL SUSTAINABLE SNACKS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THIS AGREEMENT, YOUR ACCESS OR USE OF THIS SITE, THE CONTENT, OR THE PRODUCTS AND SERVICES OFFERED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT, OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF SUSTAINABLE SNACKS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

SUSTAINABLE SNACKS’ LIABILITY TO YOU FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR ACCESS OR USE OF THIS SITE, THE CONTENT, OR THE PRODUCTS AND SERVICES OFFERED ON THE SITE (FOR ANY CAUSE OF ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY ($50) DOLLARS OR THE AMOUNTS YOU PAID TO SUSTAINABLE SNACKS FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK AND IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR THE PRODUCTS AND SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.

  1. Indemnity.  You agree to indemnify and hold harmless Sustainable Snacks, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third-party claims based on or related to your (a) use of this Site, the Content, or any Products or Services offered on the Site, or (b) any breach by you of these Terms and Conditions.  

  2. Term and Termination.  Sustainable Snacks may immediately terminate this Agreement or immediately suspend or terminate your access to the Site or the Services at Sustainable Snacks’ discretion with or without notice at any time.  Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect:  [Sections 6-10 and 12-17]

  3. Governing Law and Forum.  This Agreement shall be governed by the laws of New York, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be New York.  You agree to submit to the jurisdiction of the state and federal courts in New York for the purposes of any judicial proceedings relating to or arising from this Agreement.  

  4. Arbitration; Waiver of Class Action.  While Sustainable Snacks makes every reasonable effort to resolve any disagreements you may have with us, if these efforts fail you and we agree that all claims, disputes or controversies arising out of or relating to this Agreement or your use of the Site or Services are subject to binding arbitration. This includes claims based on contract, tort (including intentional tort), fraud, agency, your or Sustainable Snacks’ negligence, statutory or regulatory provisions, or any other sources of law; claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and claims made independently or with other claims.  As used in this arbitration agreement, Sustainable Snacks includes its parent, subsidiaries, divisions, or affiliates and their respective officers, directors, employees, agents, or successors.  Notwithstanding the above, we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

YOU AND SUSTAINABLE SNACKS ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR SUSTAINABLE SNACKS’ INDIVIDUAL CAPACITY AND IN SO DOING YOU AND SUSTAINABLE SNACKS HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, TO ASSERT OR PARTICIPATE IN A PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.  HOWEVER, SUSTAINABLE SNACKS WILL NOT INVOKE ITS RIGHT TO ARBITRATE ANY INDIVIDUAL CLAIM THAT YOU BRING IN SMALL CLAIMS COURT, AS LONG AS IT IS BROUGHT AND MAINTAINED AS AN INDIVIDUAL CLAIM.  

Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules and Supplemental Procedures for Consumer-Related Disputes in effect on the date the arbitration is filed (“AAA Rules”). The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879.  Any arbitration hearing that you attend will be held at a place chosen by the AAA in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing.  A single, neutral arbitrator will resolve claims.  The arbitrator will be either a lawyer with at least ten (10) years experience or a retired or former judge, selected in accordance with the AAA rules.  Those procedures and rules may limit the discovery available to you or us.  The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us.  The payment of administrative and arbitrator’s fees will be governed by the AAA's rules. The arbitrator’s award is final and binding on the parties.  Any claim you have must be commenced within one (1) year after the claim arises.

  1. Force Majeure.  Sustainable Snacks shall be relieved of its obligation to perform this Agreement to the extent that the performance is prevented by your failure to perform this Agreement, fire, weather conditions, industrial dispute, labor disturbance, or any other cause beyond Sustainable Snacks’ reasonable control.

  2. Waiver.  Failure to insist on strict performance of any of the provisions of this Agreement will not operate as a waiver of any subsequent default or failure of performance.  No waiver by Sustainable Snacks of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

  3. Nature of Relationship/Severability.  No joint venture, partnership, employment, agency or other relationship exists between you and Sustainable Snacks as a result of this Agreement or your use of this Site.  If any provision of this Agreement (including any change, modification, or update made pursuant to this Agreement) is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.  

  4. Entire Agreement/Reservation of Rights.  These Terms and Conditions and Sustainable Snacks’ Privacy Policy represent the entire agreement between you and Sustainable Snacks with respect to your access to or use of any Content, products, or Services available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Sustainable Snacks with respect to same.  Any rights not expressly granted under this Agreement are reserved.