TERMS AND CONDITIONS

 

The following Terms and Conditions of Use apply to all visitors or users of the online and/or mobile services, website, and software provided on or in connection with the service by HighKey Snacks, including without limitation highkeysnacks.com Website (the “Website”).

 

By visiting and using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions without limitation or qualification which includes our Privacy Policy and the data collection and use of your information set forth therein. HighKey Snacks reserves the right to make changes in rules and regulations from time to time. Your continued use of Website means that you accept and agree to the changes posted and is bound by any such revisions. Visit this page periodically to review the rules and regulations. HighKey Snacks reserves the right to terminate or suspend your account without any notice, in case of violation of rules and also other remedies available to it by law for such violations.

 

THESE TERMS AND CONDITIONS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Privacy Policy

Please go through our Privacy Policy which also governs your visit to the Website, so that you may understand our privacy practices with regard to personal information that we collect through this Website. The Privacy Policy is incorporated by reference into these Terms and Conditions, and by using the Website you agree to our use of any information that we collect from you in conformance with our Privacy Policy.  

 

Your Account

You may be required to register for an account with us in order to use certain features of the Website. Your account gives you access to the Website and functionality that we may establish and maintain from time to time and in our sole discretion. If you elect to take advantage of such features, you must register through the Website by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Website.

 

If you choose to register an account on this Website, you will create a username and password for your account. By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with HighKey Snacks; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Website permit such updates; and (d) use limited-access portions of the Website only using access credentials that we have issued to you. It is your responsibility to maintain the confidentiality of your account. HighKey Snacks encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify HighKey Snacks immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. HighKey Snacks will not be liable for any losses caused by any unauthorized use of your account.

 

By providing HighKey Snacks your email address you consent to our using the email address to send you Website-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Website and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences on the personal settings page associated with your account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

 

When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.

 

If you violate these Terms and Conditions, we may terminate your account without prior notice. We may also terminate your account without prior notice, if we in our sole discretion decide that it would be in HighKey Snacks’s best interests to do so.

 

Policies Related To Purchase

The products and services available on the Website or any sample we may provide are only for personal use. You may not sell or resell any of the products, services or samples you buy or receive from us. HighKey Snacks reserves the right, in its sole discretion, to cancel or reduce the quantity of any order with or without notice, if we believe that it may violate our Terms and Conditions. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in HighKey Snacks’ sole judgment, appear to be placed by dealers, resellers or distributors. HighKey Snacks may make changes to any products or services offered through the Website, or to the prices for any such products or services, at any time, without notice. We reserve the right to cancel any order placed online for any reason.

Additional Terms and Conditions may apply to purchases of goods or services and to particular portions or features of the Website, all of which terms are made a part of these Terms and Conditions of Use by this reference. You agree to abide by any such other Terms and Conditions. You represent that you are of sufficient legal age to use or participate in such service or feature. In case of a conflict between these Terms and Conditions of Use and the Terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

 

Subscription Services

At Highkey, we offer a variety of subscriptions (each, a “subscription”). Please review these Highkey Subscription Terms carefully and make sure you understand them before enrolling because they contain important and relevant information regarding any subscription you may purchase, including renewal and cancellation terms. Subscription automatically renew on the schedule selected by you indefinitely, unless you cancel your subscription before the next billing period, or we otherwise terminate your account or the applicable subscription.

By purchasing a subscription, you agree to the applicable terms below, as well as the terms and conditions of the Website.  

  1. Eligible Purchases.

[Subscriptions are available only for those items displaying the subscribe offer message on the applicable product page of this Website and only to customers shipping to addresses in the United States. Some eligible items may only be available for shipping within the forty-eight (48) contiguous US states.] Subscriptions are good while supplies last.  Your participation in a subscription program is personal to you, and you may not assign or transfer your subscription or any of the benefits to any third party without our authorization.

  1. Promotions.

Any subscription discounts and/or limited time special subscription promotions apply only to eligible items displaying the offer message on the applicable product page. Promotions are good while supplies last. Special limited time subscription promotions only apply during their effective dates.   Unless otherwise stated in the applicable offer, coupon codes may not be combined with subscription promotions.  All promotions are subject to availability or may be based on the specific promotional code that you choose to use. 

Without limiting the generality of the foregoing, certain promotions may be offered through coupons or other types of promotional vouchers (“Vouchers”) from time to time.  In order to utilize the offer on the Voucher, you will need to create an account through the Website and input your information and the code found on the Voucher to redeem. Unless otherwise stated on the applicable Voucher, the discount found on the Voucher only lasts for the first subscription period.  Similarly, a Voucher may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval. Additionally, any Vouchers are only for first-time users of our subscription services, unless the Voucher states otherwise. We reserve the right to withdraw or deactivate any Voucher for any reason, at any time without notice.  Vouchers may only be redeemed through the Website, and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and any special conditions attached to the Voucher.

UPON EXPIPRATION OF ANY PROMOTION APPLICABLE TO YOUR SUBSCRIPTION, INCLUDING, WITHOUT LIMITATION, ANY VOUCHER, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON THE FIRST DAY FOLLOWING THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD AND CONTINUE FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THEN-CURRENT, NON-PROMOTIONAL SUBSCRIPTION PRICE FOR THE APPLICABLE PRODUCTS.

1 A.) 30% Off First Order Subscription. A recurring subscription (depending on offer) that consists of an initial product box (each, a “Box”) and an additional Box sent out according to your subscription frequency choice (weekly, bi-weekly, monthly, or bi-monthly) thereafter. Only available for first time subscribers.

 

If you are a first time subscriber and sign up for a 30% off first Order subscription, you will be immediately billed for product less 30% (plus shipping and taxes if applicable) as a non-refundable minimum purchase and that Box will be the first Box you receive. The specific Box you receive as a first-time subscriber is subject to availability or may be based on the specific promotional code that you choose to use. Additional coupon codes may not be used on this offer. You will be billed on the date of your first order. Your subscription will then continue according to your subscription frequency choice and your credit or debit card will be charged the full amount in USD (plus shipping and taxes, if applicable) weekly, bi-weekly, monthly, or bi-monthly (depending on subscription frequency choice) thereafter.

 

The Highkey 30% off first Order subscription is for an ongoing service that is billed automatically to your payment method on file. Unless you cancel in accordance with these Subscription Terms (in particular, see section 6 “Cancellation” below), you will continue to be charged as described above.

 

1 B) $20 Off First Two Orders Subscription. A recurring subscription that consists of an initial product box (each, a “Box”) and an additional Box sent out weekly, bi-weekly, monthly, or bi-monthly (depending on subscription frequency choice) thereafter. Only available for first time subscribers.

 

If you are a first time subscriber and sign up for a $20 off first two Order subscription deliveries, you will be immediately billed product total of one Box less $10.00 (plus shipping and taxes if applicable) as a non-refundable minimum purchase and that Box will be the first Box you receive. The specific Box you receive as a first-time subscriber is subject to availability or may be based on the specific promotional code that you choose to use. Additional coupon codes may not be used on this offer. You will be billed on the date of your first order. Your subscription will then continue according to your subscription frequency choice and your credit or debit card will be charged product total less $10 (plus shipping and taxes, if applicable) for the next shipment, and then charged non-discounted price weekly, bi-weekly, monthly, or bi-monthly (depending on subscription frequency choice) thereafter.

 

The Highkey $20 Off First Two Orders subscription is for an ongoing service that is billed automatically to your payment method on file. Unless you cancel in accordance with these Subscription Terms (in particular, see section 6 “Cancellation” below), you will continue to be charged as described above.

 

1 C) $50 Off First Five Orders Subscription. A recurring subscription that consists of an initial product box (each, a “Box”) and an additional Box sent out weekly, bi-weekly, monthly, or bi-monthly (depending on subscription frequency choice)thereafter. Only available for first time subscribers.

 

If you are a first time subscriber and sign up for a $50 off first five Order subscription deliveries, you will be immediately billed product total less $10.00 (plus shipping and taxes if applicable) as a non-refundable minimum purchase and that Box will be the first Box you receive. The specific Box you receive as a first-time subscriber is subject to availability or may be based on the specific promotional code that you choose to use. Additional coupon codes may not be used on this offer. You will be billed on the date of your first order. Your subscription will then continue according to your subscription frequency choice and your credit or debit card will be charged product total less $10 (plus shipping and taxes, if applicable) for the next four (4) shipments, and then charged the non-discounted price weekly, bi-weekly, monthly, or bi-monthly (depending on subscription frequency choice) thereafter.

 

The Highkey $50 Off First Five Orders subscription is for an ongoing service that is billed automatically to your payment method on file. Unless you cancel in accordance with these Subscription Terms (in particular, see section 6 “Cancellation” below), you will continue to be charged as described above.

 

1 D) 10% Off Order Subscription. A recurring subscription that consists of an initial product box (each, a “Box”) and an additional Box sent out weekly, bi-weekly, monthly, or bi-monthly thereafter (depending on subscription frequency choice). Only available for first time subscribers.

 

If you are a first time subscriber and sign up for 10% Off Order subscriptions, you will be immediately billed product total less 10% (plus shipping and taxes if applicable) as a non-refundable minimum purchase and that Box will be the first Box you receive. The specific Box you receive as a first-time subscriber is subject to availability or may be based on the specific promotional code that you choose to use. Additional coupon codes may not be used on this offer. You will be billed on the date of your first order. Your subscription will then continue according to your subscription frequency choice and your credit or debit card will be charged product total less 10% (plus shipping and taxes, if applicable) weekly, bi-weekly, monthly, or bi-monthly (depending on subscription frequency choice)thereafter.

The Highkey 10% Off Order subscriptions is for an ongoing service that is billed charged to your payment method on file. Unless you cancel in accordance with these Subscription Terms (in particular, see section 6 “Cancellation” below), you will continue to be charged as described above.

  1. Auto-Renewal.

THIS SUBSCRIPTION SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES AS AGREED TO BY YOU. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO DEACTIVATION. WE MAY SUBMIT PERIODIC CHARGES (E.G., WEEKLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE ADVANCE NOTICE (IN COMPLIANCE WITH THE CANCELLATION PROCEDURES IN SECTION 4) THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED PRIOR TO THE END OF THE THEN-CURRENT BILLING CYCLE. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, LOG ON TO YOUR ACCOUNT, EMAIL SUPPORT@HIGHKEY.COM , OR CALL 1-800-567-5729. IF YOUR PAYMENT DETAILS CHANGE, YOUR CARD PROVIDER MAY PROVIDE US WITH THE UPDATED PAYMENT DETAILS. WE RESERVE THE RIGHT TO USE THESE UPDATED DETAILS FOR FUTURE CHARGES IN ORDER TO HELP PREVENT ANY INTERRUPTION TO THE DELIVERY OF SERVICE.

ADDITIONALLY, BY SIGNING UP FOR OUR SUBSCRIPTION SERVICE YOU ARE AGREEING TO RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME UNTIL YOU CANCEL YOUR SUBSCRIPTION. YOU CAN DEACTIVATE YOUR SUBSCRIPTION AT ANY TIME AND YOU WILL NOT BE CHARGED FOR ANY DEACTIVATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR DEACTIVATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU.

FURTHERMORE, YOUR SUBSCRIPTION WILL CONTINUE TO AUTORENEW INDEFINITELY UNTIL TERMINATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS FOLLOWING YOUR INITIAL SUBSCRIPTION ORDER.  EACH RENEWAL WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF THE IMMEDIATELY PRECEDING SUBSCRIPTION PERIOD AND CONTINUE FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT, NON-PROMOTIONAL SUBSCRIPTION RATE. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU DEACTIVATE YOUR SUBSCRIPTION. TO DEACTIVATE YOUR SUBSCRIPTION, EMAIL SUPPORT@HIGHKEY.COM, CALL 1-800-567-5729 OR THROUGH YOUR ACCOUNT. ADDITIONAL DETAILS FOR DEACTIVATION PROCEDURES ARE IN SECTION 5 OF THESE SUBSCRIPTION TERMS. IF YOU DEACTIVATE, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. YOU WILL NOT BE ELIGIBLE FOR A REFUND OF ANY PORTION OF ANY AMOUNTS PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD.

BY SUBSCRIBING TO THE SERVICE, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT PROVIDER NOW, AND AGAIN AT THE BEGINNING OF ANY SUBSEQUENT SUBSCRIPTION PERIOD. UPON RENEWAL OF YOUR SUBSCRIPTION, IF WE DO NOT RECEIVE PAYMENT FROM YOUR PAYMENT PROVIDER, (A) YOU AGREE TO PAY ALL AMOUNTS DUE ON YOUR ACCOUNT UPON DEMAND AND (B) YOU AGREE THAT WE MAY EITHER TERMINATE OR SUSPEND YOUR SUBSCRIPTION AND CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT PROVIDER UNTIL PAYMENT IS RECEIVED (UPON RECEIPT OF PAYMENT, YOUR ACCOUNT WILL BE REACTIVATED AND FOR PURPOSES OF AUTOMATIC RENEWAL, YOUR NEW SUBSCRIPTION PERIOD WILL BEGIN AS OF THE DAY PAYMENT WAS RECEIVED).

  1. Prices.

We reserve the right to adjust prices in our sole discretion, at any time . Your acceptance of deliveries of any of our products, whether pursuant to a subscription or one-time order, after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your subscription in accordance with these terms. All prices shown on the Website are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Website. Prices, taxes or other fees may vary geographically.

  1. Payment.

You agree to pay for all orders made from your account in accordance with the prices and billing terms in effect at the time an order is made. You also agree to pay all applicable taxes. To make an order from an account, you must provide valid payment information (e.g., credit card or debit card) through the Website. By placing an order through your account or subscribing for our subscription, you also agree and authorize (a) the payment method(s) you provide to be immediately charged for all fees and taxes applicable to your order, (b) HighKey to automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available, (c) HighKey to share payment information and instructions required to complete the payment transactions with our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (d) no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your account in the event of any change in your payment information. We reserve the right at any time to change our billing methods and will notify of you such change.  If a payment method cannot be verified, is invalid or is otherwise not acceptable, your order and/or subscription may be suspended or canceled. If a payment is not successfully paid and you do not edit your payment method or cancel your purchase of a product or subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method , as it may be updated. HighKey reserves the right to collect any outstanding payment due and may transfer the collection of your outstanding balance to a third party collection agency.

  1. Cancellation.

You may cancel your subscription with us at any time for no additional charge by doing any of the following: (a) emailing us at support@highkey.com indicate that you wish to cancel your subscription, and follow the instructions given; (b) logging in to your account, navigating to the “Manage Subscriptions” link, choosing “Cancel,” and following the instructions provide; OR (c) calling us at 1-800-567-5729, indicating that you wish to cancel your subscription, and following the instructions given.

To avoid incurring additional subscription charges, cancellations must be effected prior to the billing date of the then-upcoming subscription renewal period. Cancelling your subscription does not provide you a refund for any subscription payments already processed, nor does it stop a pending charge. If you cancel your subscription after the billing date of the then-upcoming subscription renewal period, you will be charged for such upcoming subscription period, and cancellation will go into effect for the following billing cycle.  For the avoidance of doubt, if you cancel your subscription after the billing date of the then-upcoming subscription renewal period, we will fill the subscription order you are charged for.

  1. Changes.

We may, in our sole discretion, change these subscription terms or the other terms and conditions of the Website, at any time and will provide notice to you  of any material changes. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION IN A SUBSCRIPTION AFTER WE NOTIFY YOU AND CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO THESE CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.

  1. Questions.

If you have any questions about our subscription services, please contact us using any of the following methods:

Via email at support@highkey.com;

By phone at: 1-800-567-5729; or

 

By mail at:

Summit Naturals, Inc.

12001 Research Parkway,

Suite 236

Orlando, Florida 32826

USA

 

Information Accuracy

While describing our products on the Website, we try to be as accurate as possible. However, we do not assume any responsibility for the accuracy of information. HighKey Snacks reserves the right to do any of the following without prior notice: (a) Suspend, terminate or modify the access to or operations of the Website (b) Change or modify the Website or any portion of it or the products or its programs (c) Interrupt the functions or features of the Website for maintenance or other changes.

 

FDA Legal Disclaimer

+The product statements on this website have not been evaluated by the FDA. Our products are not intended to diagnose, treat, or cure any disease.

 

Limited License

The content, information, software, designs, materials, functions and data included in and contained on the Website (the “Content”) is protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Website. All Content including but not limited to designs, structure, text, logos, graphics, arrangement of content, user and visual interfaces, artwork, sounds, music, programming on this Website is protected by copyright and is the property of HighKey Snacks. Except as required under applicable law, no portion of the Website, in whole or in part may be used, copied, sold, reproduced, duplicated, modified or exploited without prior written permission from HighKey Snacks.

 

Unless indicated to the contrary and subject to your strict compliance with these Terms and Conditions, you may access and use the Website only for personal, non-commercial use, or in connection with your authorized purchase or sale of our products. In connection with these uses, HighKey Snacks grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Website on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”), provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of Website is prohibited.

 

As a condition of your use of the Website, you warrant to HighKey Snacks that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

 

In addition to our other legal rights, we may limit or terminate your license to use the Website, or certain features of the Website, at any time and for any reason, without prior notice to you including our belief you violated these Terms and Conditions.

 

 

Submissions

The Website may allow you to submit, embed, display, transmit, or otherwise distribute audio, video, text, or other materials (collectively, “User Submissions”) to or through the Website. When you provide User Submissions, you grant to HighKey Snacks a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable and fully sublicensable and transferable (in whole or in part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Submissions and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

 

You agree that your User Submissions will be limited to messages and material that are proper and related to the Website. By posting, uploading, inputting, providing or submitting your user Submission you warrant and represent that you own or otherwise control all of the rights to your User Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You represent, warrant, and covenant that your User Submission will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Constitute or encourage violence or a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law;
  • Impersonate any other person, user, or HighKey Snacks, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or HighKey Snacks;
  • Include other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such user Submission specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another User Submission that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Website and User Submissions.
  • Violate any code of conduct or other guidelines which may be applicable for any particular User Submission.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations

 

We may refuse or remove a User Submission without notice for any reason in our sole discretion, including our belief that a User Submission may violate these Terms and Conditions or be otherwise objectionable. However, we will have no obligation to review, monitor, display, post, store, maintain, accept or otherwise make use of, User Submissions, and you agree that neither we nor our employees or agents will be liable for User Submissions or any loss or damage to you and any other person or entity resulting from User Submissions. We cannot and do not assure that other users are or will be complying with the foregoing or any other agreement, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

 

 

Linking to This Website.

Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another site and creating any link from another site to any page on this Website without our prior written permission is strictly prohibited. Permitted links to this Website must comply with applicable laws, rules and regulations.

 

Third- Party Sites.

This Website may contain links to third party web sites that are meant for convenience of the users and visitors, and the inclusion of any link does not imply endorsement by HighKey Snacks oof the site or any association with its operators. ”). The Linked Sites are not under the control of HighKey Snacks and HighKey Snacks is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HighKey Snacks is not responsible for webcasting or any other form of transmission received from any Linked Site. Linking to any such third-party site is at your own risk and HighKey Snacks is not responsible for reliability or accuracy of information or data of such sites. Please review the Terms and Conditions and Privacy Policy of third-party sites that you visit.

 

Termination of Access/Restriction of Access

HighKey Snacks reserves the right, in its sole discretion, to terminate your access to the Website or any portion thereof at any time, without notice.

 

No Warranty/ Limitations of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HIGHKEY SNACKS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

 

HIGHKEY SNACKS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HIGHKEY SNACKS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIGHKEY SNACKS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTION OF BUSINESS, SYSTEM FAILURES, INCLUDING VIRUSES OBTAINED DURING HYPERLINK, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, ANY HIGHKEY SNACKS PRODUCT OR LINKS TO ANY THIRD PARTY SITE FROM THE WEBSITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HIGHKEY SNACKS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

 

Indemnification

You agree to defend, indemnify and hold harmless HighKey Snacks and its affiliates,subsidiaries, agents, licensors, and managers, and their employees, contractors, agents, officers and directors,  from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Website with your unique username, password, or other appropriate security code.You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of any data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.

 

Binding Arbitration/Class Waiver

For any dispute with HighKey Snacks, you agree to first contact us at https://highkey.com/pages/contact-us and attempt to resolve the dispute with us informally. In the unlikely event that HighKey Snacks has not been able to resolve a dispute it has with you after attempting to do so for a period of sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any of HighKey Snacks’s claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and Conditions, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Orlando, FL under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing HighKey Snacks from seeking injunctive or other equitable relief from the courts as necessary to protect any of HighKey Snacks’ proprietary interests.

 

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HIGHKEY SNACKS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

 

Choice of Law / Jurisdiction

The laws of the State of Florida govern these Terms and Conditions and any dispute of any sort that may arise between you and HighKey Snacks or its affiliates, without regard to conflict of laws rules, as if entered into by residents of Wisconsin and fully performed therein. You irrevocably consent to the jurisdiction of the state courts located in or serving Orange County, Florida or a federal court of competent jurisdiction in the Middle District of the State of Florida for any action relating to the Website or these Terms and Conditions. Notwithstanding any other provision of these Terms and Conditions, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

 

We make no representation that any Website is appropriate or available for use in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

 

Trademark / Copyright/ Notice of Infringement

All Content of the Website including but not limited to text, design, graphics, interfaces, or code are: Copyright 2020 by Highkey Snacks. All rights reserved.

 

All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to HighKey Snacks, or other respective owners that have granted HighKey Snacks license to use such marks.

 

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Website;
  4. Information reasonably sufficient to permit HighKey Snacks. to contact you, such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

 

Please note that this procedure is exclusively for notifying HighKey Snacks and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with HighKey Snacks’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

 

Assignment / Entire Agreement / Severability / Admissibility

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HighKey Snacks without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

Unless otherwise specified herein, these Terms and Conditions constitutes the entire agreement between the user and HighKey Snacks with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HighKey Snacks with respect to the Website

 

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 

Modification and Changes to these Terms and Conditions

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting a revised Terms and Conditions on the Website. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions. Your continued use of the Website following the posting of changes to these Terms and Conditions other policies means you accept the changes.

 

No Waiver

No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and HighKey Snacks’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

 

Contact Us

If you have any questions about these Terms and Conditions, the practices of this Website, or your dealings with this Website, please contact us by email at info@highkey.com

 

 

Last Updated: 02/26/2020

 

 

 

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