TERMS AND CONDITIONS

Last updated August 26, 2016

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.




Terms of Sale

    

Subscriptions

We offer four subscription options: monthly, 3-month, 6-month, and 12-month.

By signing up for a monthly subscription, you agree that TopMunch may charge your credit card for the monthly subscription price on the first day of each month. You acknowledge that the monthly subscription requires an initial and automatically recurring payments until you cancel the subscription in accordance with this agreement. You may cancel a monthly subscription by providing notice of cancellation to [WHERE] at least seven calendar days before the next monthly charge.

By signing up for a 3-month, 6-month or 12-month subscription, you agree to pay the full amount for the subscription in advance. You may cancel your subscription if you wish to stop receiving TopMunch snack boxes. However, we will not refund any part of your subscription fee.

    

Acceptance of Order

We reserve the right to refuse any subscription request or order in our sole discretion. In addition, before accepting your subscription request or order, we may require additional information if you have not provided all of the information required by us.

    

Payment Terms

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription fee or order, including shipping and handling fees, any applicable taxes and other charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your subscription or order may be suspended or cancelled automatically.

    

Shipping and Handling

We currently impose a nominal shipping charge of $3 per shipment to locations within the continental United States. Shipping charges are subject to change without notice.

All orders are shipped FOB shipping point. Title to products passes from us to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.

    

Refund Policy

All sales are final. We may provide a refund in the event that a snack box or contents arrive damaged.




LIMITATION OF LIABILITY



IN NO EVENT SHALL TOPMUNCH, ITS PARENT, SUBSIDIARIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR SUCCESSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER RELATED TO OR ARISING FROM: (I) THE PRODUCTS SOLD OR OFFERED BY TOPMUNCH, EXCEPT TO THE EXTENT THAT SUCH DAMAGES ARE CAUSED BY THE NEGLIGENCE OR INTENTIONAL WRONGDOING OF TOPMUNCH; (II) THE LABELING OF THE PRODUCTS SOLD OR OFFERED BY TOPMUNCH; OR (III) THE OPERATION, CONTENT OR USE OF THE SITE OR INABILITY TO USE THE SITE.

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM TOPMUNCH. YOU ARE ALSO SOLELY RESPONSIBLE FOR VERIFYING THAT YOU ARE NOT ALLERGIC TO AN INGREDIENT IN ANY PRODUCT YOU RECEIVE FROM TOPMUNCH BEFORE YOU CONSUME IT. YOU UNDERSTAND AND ACKNOWLEDGE THAT PRODUCTS INCLUDED IN TOPMUNCH SNACK BOXES ARE NOT ALLERGEN FREE.

YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR PERSONAL INJURY OR ILLNESS, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO YOUR TOPMUNCH SUBSCRIPTION, YOUR PURCHASE OF PRODUCTS FROM TOPMUNCH, AND/OR YOUR USE OF THE SITE OR ANY INFORMATION FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULL EXTENT PERMITTED BY LAW, OUR LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF SUBSCRIPTIONS OR PRODUCTS FROM THE SITE.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you.



Restrictions on Use of TopMunch.com Website



All pages within this Website and any material made available for download (collectively the “Site”) are the property of TopMunch, Inc. (“TopMunch”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. You may view, download, print and copy the Site content for personal, non-commercial purposes only, provided that you do not modify or alter the content or violate these Terms in any way. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, modify, license, post, transmit or distribute any information from the Site, in whole or in part, without our prior written permission. All rights not expressly granted herein are reserved.

As a condition of your use of this Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You agree that you shall not use the Site: (a) in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; (b) in violation of TopMunch’s or any third party's intellectual property or other proprietary rights; (c) in violation of any applicable laws; (d) to attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site, or make any unauthorized use thereof; (e) to obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Site; (f) to use or attempt to use any "spider", "robot", "bot", "scraper", or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site (or portions thereof); (g) to transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity; (h) to post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," or any other form of solicitation; or (i) to register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any TopMunch product or Service if you are not expressly authorized by such party to do so.



Trademark Notice



TopMunch, its logo and tagline “World’s Flavors in a Box” are trademarks of TopMunch and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, the look and feel of the Site and our snack boxes constitute service marks, trademarks and/or trade dress of TopMunch and may not be copied imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.



Warranty Disclaimer



EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

TOPMUNCH, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although TopMunch attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform TopMunch so that it can be corrected. Information contained on the Site may be changed or updated without notice.



Confidential and Proprietary Information



TopMunch does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to TopMunch through the Site will be deemed NOT to be confidential. By sending TopMunch any information or material, you grant TopMunch an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that TopMunch is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.



Links to Other Sites



TopMunch makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-TopMunch Website, please understand that it is independent from TopMunch, and that TopMunch has no control over the content on that Website. In addition, a hyperlink to a non-TopMunch Website does not mean that TopMunch endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.



Choice of Law and Venue



These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in Santa Clara County, California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.



Entire Agreement



These Terms and Conditions constitute the entire agreement between TopMunch and you pertaining to the subject matter of this Agreement. In its sole discretion, TopMunch may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

PRIVACY POLICY

Last updated August 26, 2016

TopMunch, Inc. (“TopMunch”) is committed to protecting the privacy of our customers.

This Privacy Policy is designed to inform you about the types of information that we gather about you, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of that information.

TopMunch.com may contain links to other sites that are out of our control. Please review these sites’ separate policies regarding privacy.



Collection and Use of Your Personal Information



For all visitors to its website, TopMunch collects general data pertaining to each site visitor, such as the visitor’s IP address, operating system, browser type and version number, and the web pages viewed. This information is aggregated with all other visitor information.

If you are a user who signs up for TopMunch’s subscription service or who places an order, you will create a personalized account, which includes a unique username and a password. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

When you place an order or sign up for subscription services through this Site, we collect your name, address, billing and contact information. This information is saved when you sign up for a subscription or place an order. We may contact you by email, phone or postal mail to communicate with you about your subscription or order. We do not authorize any third parties to make any other use of your information other than that which assists in processing and fulfilling your order.

In addition, you may share information on our site by commenting on our blog. Any such information you disclose, along with your screen name or ID, or any image or photo, becomes public and may be used by TopMunch for promotional or commercial uses in any and all media. If you choose to post comments, you should be aware that any personal information you submit can be read, collected and used by other users of these areas. We are not responsible for the personal information you choose to submit and we have no responsibility to publish, take down, remove or edit any of your public activities or submissions.



Cookies



TopMunch automatically receives and records some information from your browser or your mobile device when you visit the Site or use the Apps, such as your IP address or unique device identifier, cookies and data about which pages you visit on the Site or on the Apps. This information helps us analyze and understand how the Site and the Apps work for members and visitors, and provide a more personalized experience for members and visitors.

A cookie is type of identifier sent from a website to your computer system via your web browser to provide tailored features. Third-party plug-ins also may collect information about your use of the Site. For example, when you a load a page on TopMunch that has a social plug-in from a third-party site or service, such as a Like or Send button, you are also loading content from that third-party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. In addition, certain cookies and other tracking mechanisms on our site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognize your computer or mobile device each time you visit TopMunch, but do not allow access to personally identifiable information from TopMunch. TopMunch does not have access or control over these third-party technologies, and they are not covered by our privacy policy. For more information, see our Cookies & Tracking Technologies page. If you prefer to prevent third parties from setting and accessing cookies on your computer, you may set your browser to block cookies. And you may opt out of the use of cookies by Google Analytics here. Additionally, you may remove yourself from the targeted advertising of companies participating in the Digital Advertising Alliance program by opting out here. Although our website currently does not respond to “do not track” browser headers, you can limit tracking by taking these steps.

We can only speak for ourselves; this policy does not apply to the practices of third parties that TopMunch does not own or control, or individuals that TopMunch does not employ or manage. If you provide your information to others on TopMunch or throughout the Internet, different rules may apply to the use or disclosure of the information you provide to them. TopMunch does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. TopMunch is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the TopMunch Site or Apps. We encourage you to ask questions before you disclose your personal information to others.



Sharing Your Personal Information



TopMunch may share your personal information within our organization, with any TopMunch subsidiary or affiliate, or with authorized third parties (e.g., business partners, suppliers and financial institutions) as described in this policy. We may also disclose information in response to subpoenas, governmental requests or other legal process or to otherwise protect our legal or contractual obligations. We will not sell or otherwise transfer your personal information to individuals or entities outside of us or one of our authorized partners or resellers without your approval.



E-mail Communications



TopMunch provides customers with promotional announcement for savings, rebates, and product launches and these announcements can be stopped at any time by selecting the opt-out feature at the bottom of the e-mail. We do not sell these e-mail lists to any of our business partners for any reason.



Security of Your Personal Information



To prevent unauthorized access, maintain data accuracy and ensure the appropriate use of information, we have put in place commercially reasonable physical, technical and administrative controls to protect the information. Please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure.



Children’s Privacy



TopMunch does not does not knowingly collect or store any personal information about children under the age of 13.



How to Contact Us



You can contact TopMunch by sending an e-mail to contact@topmunch.com or sending a letter to the mailing address listed below. Please include your contact information and a detailed description of your request or privacy concern.



Changes to Privacy Policy



TopMunch reserves the right to change its practices concerning information gathered from visitors to its websites. If such changes occur, this Privacy Policy will be updated. Visitors should check back periodically to confirm the then-current terms of this Policy. This Privacy Policy is not intended to and does not create any contractual or other legal rights in or on behalf of any party.