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Terms And Conditions

Terms and Conditions

The following Terms and Conditions of Use apply to all visitors or users of the highkeysnacks.com Website (the “Website”).

By visiting the Website, you acknowledge that you have read, understood and agree these Terms and Conditions without limitation or qualification which includes our Privacy Policy. 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.

Privacy Policy

Please go through our Privacy Policy which also governs your visit to the Website, so that you may understand our privacy practices.

Your Account

If you choose to register an account on this Website, you will get an email address or username and password for your account. It is your responsibility to maintain the confidentiality of your account. By registering an account on this Website, you agree to provide only truthful and accurate information. 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 to cancel or reduce the quantity of any order with or without notice, if we believe that it may violate our Terms and Conditions. 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.

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.

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

All materials on this Website are copyrighted property of HighKey Snacks. You may copy materials published by HighKey Snacks for your personal, non-commercial use. You are not authorized to make any other use of the information.

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. 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.

Submissions

Any unsolicited materials ideas, inquiries, feedback, or other information provided by you to us through electronic mail or otherwise other than personal information discussed in the Privacy Policy, will be treated as non-proprietary and non-confidential. Anything transmitted or posted by you may be used by HighKey Snacks for any purpose, including but not limited to, posting, broadcast, transmission, disclosure, publication. In addition, HighKey Snacks is free to use idea, techniques, concepts, know how included in any communication you send to the Website for any purpose whatsoever including but not limited to, developing, manufacturing, distributing and marketing products.

Disputes

With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Florida, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Florida.

Linking to This Website.

Running this Website or any information 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. 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.

Indemnification

You agree to defend, indemnify and hold HighKey Snacks and its affiliates and subsidiaries, harmless for any loss, damages, or costs, including reasonable attorney’s fees, resulting from any third party claim, action or demands resulting from your use of the Website. 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.

General Disclaimer

All information provided on this Website is provided “as is” with all faults without warranty of any kind, either expressed or implied. HighKey Snacks disclaims all warranties, expressed or implied including, without limitation, those of merchantability, fitness for a particular purpose and noninfringement or arising from a course of dealing, usage, or trade practice.

HighKey Snacks, its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, 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, even if

Terms and Conditions

The following Terms and Conditions of Use apply to all visitors or users of the highkeysnacks.com Website (the “Website”).

By visiting the Website, you acknowledge that you have read, understood and agree these Terms and Conditions without limitation or qualification which includes our Privacy Policy. 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.

Privacy Policy

Please go through our Privacy Policy which also governs your visit to the Website, so that you may understand our privacy practices.

Your Account

If you choose to register an account on this Website, you will get an email address or username and password for your account. It is your responsibility to maintain the confidentiality of your account. By registering an account on this Website, you agree to provide only truthful and accurate information. 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 to cancel or reduce the quantity of any order with or without notice, if we believe that it may violate our Terms and Conditions. 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.

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.

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

All materials on this Website are copyrighted property of HighKey Snacks. You may copy materials published by HighKey Snacks for your personal, non-commercial use. You are not authorized to make any other use of the information.

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. 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.

Submissions

Any unsolicited materials ideas, inquiries, feedback, or other information provided by you to us through electronic mail or otherwise other than personal information discussed in the Privacy Policy, will be treated as non-proprietary and non-confidential. Anything transmitted or posted by you may be used by HighKey Snacks for any purpose, including but not limited to, posting, broadcast, transmission, disclosure, publication. In addition, HighKey Snacks is free to use idea, techniques, concepts, know how included in any communication you send to the Website for any purpose whatsoever including but not limited to, developing, manufacturing, distributing and marketing products.

Disputes

With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Florida, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Florida.

Linking to This Website.

Running this Website or any information 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. 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.

Indemnification

You agree to defend, indemnify and hold HighKey Snacks and its affiliates and subsidiaries, harmless for any loss, damages, or costs, including reasonable attorney’s fees, resulting from any third party claim, action or demands resulting from your use of the Website. 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.

General Disclaimer

All information provided on this Website is provided “as is” with all faults without warranty of any kind, either expressed or implied. HighKey Snacks disclaims all warranties, expressed or implied including, without limitation, those of merchantability, fitness for a particular purpose and noninfringement or arising from a course of dealing, usage, or trade practice.

HighKey Snacks, its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, 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, even if HighKey Snacks has been advised of the possibility of such damages, inaccuracies or omissions in content, and events beyond our reasonable control.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

HighKey Snacks (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”).  By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).  Message and data rates may apply. 


User Opt Out:  If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify:  If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of  [DESCRIBE COMPANY’S GOODS/SERVICE OFFERINGS – THIS SHOULD BE BROAD AND GENERAL TO ENCOMPASS AND TYPE OF MESSAGE YOU MAY SEND. MESSAGES OUTSIDE OF THIS SCOPE MAY NOT BE ALLOWED UNDER THE TCPA].

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@highkeysnacks.com.  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements:  You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction:  You may not use of engage with the Platform if you are under thirteen (13) years of age.  If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content:  You acknowledge and agree to not send any prohibited content over the Platform.  Prohibited content includes:

-       Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

-       Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

-       Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

-       Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

-       Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

-       Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Blaine, WA before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which HighKey Snacks's principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).  The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.  The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.  The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.  If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.  If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.  This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

This Terms and Conditions of Use statement is effective and was last updated on 25th March 2019.

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