Terms Of Service

TERMS OF USE
1. User’s Acknowledgment and Acceptance of Terms. Munchies, LLC, a Florida limited liability company, its successors and assigns (sometimes referred to as “us” or “we”) provides the munchiesstore.com site and various related services (“site”) subject to your compliance with all the terms and conditions set forth herein (“Terms of Use”). In addition, when using this site users shall be subject to any posted rules or guidelines; and, all such rules or guidelines or rules are incorporated by reference.
BY VISITING THIS SITE, USING ANY SERVICE ON THIS SITE IN ANY MANNER (INCLLUDING SIMPLY BROWSING THE SITE), REGISTERING FOR AN ACCOUNT ON THIS SITE OR MAKING A PURACHASE FROM THIS ACCOUNT, YOU: (1) AGREE TO THE OUR TERMS OF USE (AS POSTED ON THE DATE OF ACCESS OF THE SITE), (2) AGREE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE, (3) REPRESENT THAT YOU ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER, (4) WARRANT, REPRESENT AND AGREE THAT, AT THE TIME OF ORDER, YOU ARE NOT RESIDING WITHIN THE BORDERS OF A STATE WHICH PROHIBITS THE SALE OF ANY OF OUR PRODUCTS NOR WILL YOU SEEK DELIVERY, DIRECTLY OR INDIRECTLY, INTO A STATE WHICH PROHIBITS THE SALE OF OUR PRODUCTS; AND, (5) ACKNOWLEDGE, AGREE AND CONSENT TO OUR DATA PRACTICES AS DESCRIBED IN OUR PRIVACY POLICY.IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE.

These Terms of Use are effective as of March 1, 2023. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

1. Description of Services. We make various services available on this site including, but not limited to search engines for products, credit card processing for payments and other sales related services. You are solely responsible for providing, at your own expense, all equipment necessary to use the services. We reserve the right to modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. You understand and agree that temporary interruptions of the services available through this site may occur. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
2. Registration Data and Privacy. In order to access some of the services on this site, a separate account and password are required and can be obtained by completing our online registration process. Online registration requires certain information and data from you. You are required to maintain and update your data as necessary to insure it is correct and accurate at the time of each use of the site. By registering, you agree that all information provided is true and accurate and that you will maintain and update this information to keep it current, complete and accurate. You further agree that you will immediately notify us if unauthorized use of your account and password has occurred. You grant us the right to disclose to third parties certain information about you. The information provided to us is subject to our Privacy Policy, which is specifically incorporated by reference, as the same may be updated from time to time hereafter. By registering on this site, you consent to receive electronic communications from us, including notices about your registration or account.
3. Conduct on Site. Your use of the site is subject to all applicable laws and regulations and any rules or guidelines that we may post. You are solely responsible for the contents of any communications made by you through the site. By posting information in or otherwise using any communications service, chat room, message
board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information that (1) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious or contains explicit or graphic descriptions or accounts of sexual acts or acts of violence; (2) infringes on any patent, trademark, trade secret, copyright or other protected intellectual property; (3) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (4) contains software viruses or similar code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software or hardware or gain unauthorized access to others software. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site and do not prescreen any material or communications. We have the right, at our sole discretion, to remove any content that, in our judgment, does not comply with these Terms of Use, but are not responsible for any failure or delay in removing any content. You hereby consent to removal of any content uploaded or submitted; and, waive any claim against us arising out of such removal of content. You agree that we may at any time, and at our sole discretion, terminate your registration, any loyalty membership and your access to this site without prior notice to you for violating any of the above provisions.
1. Third Party Sites and Information. Our site uses the Shopify Inc. e-commerce platform and is subject to additional terms and conditions adopted by said provider. Our site may link you to other sites provided by other parties for your convenience. The link is not an endorsement of the site and unless specifically noted, we are not affiliated with the site and are not recommending or endorsing the purchase of any product or service from the third-party site. You acknowledge that these sites are not under our control and we are not responsible, whatsoever, for the content of such sites or omissions in references made by the site(s).

1. Intellectual Property Information. You acknowledge and agree that all content on this site is protected by copyrights, trademarks, service marks, patents or other state, federal and international intellectual property laws and is our sole property (or licensed for use by us). You may not copy or republish any material from this site without our express written permission and use of any trademark or service mark is expressly prohibited without our prior written permission; provided, however, you may make one screen shot copy of information on products you wish to purchase or have purchased for your records so long as the same is not republished or redistributed. We do not warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. If you believe that any materials displayed on this site infringe upon a protected intellectual property right of yours, you should provide notice (signed electronically or originally by a person authorized to act on behalf of the intellectual property owner) to the notice address provided below in compliance with the Digital Millennium Copyright Act (as the same may be amended or replaced from time to time), which notice should: (a) identify specifically the copyrighted work believed to have been infringed; (b) Identify the material that is accessible on the site which you claim is infringing on the identified copyrighted work; (c) provide information sufficient to contact the copyright owner directly: (d) provide information sufficient to permit us to notify any third party posting to the site who you claim is infringing, if applicable; (d) include the following statements (i) “I 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 the law”; and, (ii) “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”. If you are the recipient of a notification from us of a take down request, you may send a counter-notice, but be advised that we reserve the right to take down any material regardless of infringement determinations.
2. User’s Materials. Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as nonconfidential and nonproprietary. You grant us and our designated licensees a nonexclusive right to copy, distribute, display, publish, modify, and otherwise use such material for any purpose regardless of the form or medium used.

1. Disclaimer of Warranties. ALL PRODUCTS, SERVICES, MATERIALS AND INFORMATION ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SAME WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS, SERVICES, MATERIALS OR INFORMATION WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. WE DO NOT ENDORSE ANY OPINIONS, JUDGMENTS OR TESTIMONIALS GIVEN ON THIS SITE.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES. Before purchasing products and services on or through this site, review our Sales Terms and Conditions, which are incorporated by reference into these Terms of Use.

1. Limitation of Liability. Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this site shall be limited to the amount you paid us for the products purchased on the site during the six (6) month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

1. Security and Password. You are solely responsible for maintaining the confidentiality of your password and account information. You are further responsible for any purchases or other acts or omissions that occur through the use of your password and account information. It is your responsibility to ensure that others do not gain access to your password and account information.
2. International Use. Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing
them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
1. Termination of Use. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site.
2. Governing Law and Statute of Limitations. This site (excluding linked sites) is controlled by us from our offices within the State of Florida. By accessing this site both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts, as applicable to the matter, serving the residences of Hillsborough County, Florida. Any cause of action brought by you against us, or our affiliated companies, must be instituted within the shorter of one (1) year after the cause of action arises or the applicable statute of limitations for such causes in the state of Florida; or, any such cause shall be deemed forever waived and barred. We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
3. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor strikes, war, terrorist incident, fire, accident, adverse weather, pandemic governmental shutdowns, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
4. Indemnification. You agree to defend, indemnify, and hold us harmless (and our affiliated companies) from any and all liabilities, claims, damages, causes, actions and expenses (including attorney’s fees and costs associated with the indemnified claims), that arise from your use or misuse of this site or your failure to comply with any of the Terms of Use, Terms and Conditions of Sale or Privacy Policy. If you fail to timely defend an indemnified claim upon notification to you of such claim, we reserve the right to undertake the defense; and, you shall reimburse us for the cost thereof within ten days of each demand therefore. You will not settle any indemnified claim without our express permission, which shall not be unreasonably withheld.
5. Notices. All notices to a party shall be in writing and shall be made either via e-mail, regular US mail or federally recognized overnight courier. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your registration of account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication: (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail; or (4) on the delivery date if transmitted by confirmed e-mail.
6. Entire Agreement. These terms and conditions, together with our Terms and Conditions of Sale and Privacy Policy constitute the entire agreement and understanding between you and us concerning the subject
matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.
1. Enforcement Costs. In any action to enforce or interpret these Terms of Use, the prevailing party will be entitled to all enforcement costs against the non-prevailing party, including, but not limited to attorney’s fees, paralegal costs, travel costs of counsel, arbitration costs, mediation costs and witness fees, whether incurred at trial or appellate level or in mediation, arbitration or bankruptcy proceedings.
2. Severability. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
1. Non-waiver. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
2. Protection for Private Blocking and Screening of Offensive Material. You are hereby notified that filtering services to block offensive material are commercially available. To our knowledge, current providers include GetNetWise at http://kids.getnetwise.org and OnGuard Online at http://onguardonline.gov. However, the providing of a list of providers is pursuant to 47 U.S.C Section 230(d) is not an endorsement of any site, product or service.
3. Mandatory, Binding Arbitration. Any and all controversies or claims arising out of or in any way relating to the Terms of Use, Terms and Conditions of Sale, procedures under the Privacy Policy, the use of the site, or purchases made through the site or a third party site linked to this site shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its then current Commercial Arbitration Rules. Claims shall be heard by a single arbitrator assigned by the American Arbitration Association. The place of arbitration shall be Hillsborough County, Florida, US. The arbitration shall be governed by the laws of the State of Florida The arbitrator will have no authority to award punitive damages, consequential damage, incidental damages or other damages not measured by the prevailing party's actual damages, except as may be required by a statute which does not permit waiver. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, the cost of enforcement as provided above. The award of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: (1) that the underlying award may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules ("Appellate Rules"); (2) that the underlying award rendered by the arbitrator shall, at a minimum, be a reasoned award; and, (3) that the underlying award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an underlying award, as defined by Rule A-3 of the Appellate Rules (as the same may be amended or replaced from time to time), by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof. By use of this site you agree to be bound by the terms of this provision and waive any right to file suit in any court or tribunal and waive any right to trial by jury.
TERMS AND CONDITIONS OF SALE PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. These terms and conditions apply to the purchase and sale of products and services through munchiesstore.com (referred to as the “site”). By placing an order for such products and services, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from this site. These terms and conditions are subject to change by Munchies, LLC, a Florida limited liability company, its successors and assigns (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to purchasing any product and services that are available through this site. These terms and conditions are an integral part of the Site Terms of Use that apply generally to the use of our site. You should also carefully review our Privacy Policy before placing an order for goods or services through this site.
Terms Of Sale
1. Order Acceptance and Cancellation. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Once an order has been placed, including a pre-order, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested. We are a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our site. We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

1. Payment Terms and Sales Taxes. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. We accept credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

1. Changes in Products and Pricing. We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site. All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

1. Shipping Policy. We offer a variety of shipping options to meet your shipping needs. Generally, vape products ship via United States Postal Service Priority Mail or Priority Mail Express while non-vape related products ship via UPS ground shipping. Please check the individual product page for specific delivery options. All shipping prices are quoted in United States dollars. No cash on delivery orders can be accepted. Generally, products arrive 3-7 business days after the order is processed; however, all shipping times are estimates only and there may be occasional delays beyond the posted order processing time. We reserve the right to cancel the order in the event of prolonged delays in shipping. These shipping terms are accepted by you by placing an order with us. Currently, we do not ship outside of the United States. In addition, we do not ship Delta-8 THC and THC-O to the following states: Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Idaho, Iowa, Michigan, Mississippi, Montana, North Dakota, Oregon, Rhode Island, Utah, Vermont and Washington. Where possible, we will ship all items from the same order together for shipping. Pre-orders are not ready to ship and should be ordered separately from ready to ship items and such pre-ordered items will be assembled and shipped when available. All shipping times for pre-orders are estimates and we do not guarantee the availability of a pre-order item by a date certain.

1. Advertising Disclaimer and Trademarks. The descriptions of products that are posted on our site are the representations of our suppliers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge. All trademarks and registered trademarks relating to products available through our site are the sole property of their respective owners.

1. Disclaimer and Limitation of Liability. Our responsibility for defects relating to the products and services available on our site is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS THAT ARE NOT AVAILABLE FOR USE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF OURS IS AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

1. Warranty and Return Policy. PLEASE INSPECT YOUR ORDERE UPON RECEIPT AND CONTACT US IMMEDIATELY IF THE ITEM IS NOT WHAT YOU ORDERED OR IS DEFECTIVE OR DAMAGED. Some of the products available through our site may be covered under a manufacturer’s warranty, which is detailed in the product’s description. If applicable, manufacturer’s warranties apply from the date of shipment. You understand that we do not operate or control the products offered by the manufacturers participating on our site, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products and services that you may purchase through our site. All purchases are final; provided, however, if you receive a product other than the product ordered or that is damaged or defective upon receipt, you may contact us at returns@munchiesstore.com to obtain a return merchandise authorization and a refund upon receipt of the returned product, unopened and with all original packaging. No returns of any type will be accepted without a return merchandise authorization given by us in advance. Upon receipt of your authorized return, we will process your refund and will strive to complete the refund within 7 to 10 business days from receipt of the returned item, but cannot guaranty a specific time.

1. Safe Shopping. Your browser and our secure server encrypt confidential information during transmission. We use safety precautions to protect your credit card information in the following manner: if any unauthorized use of your credit card occurs as a result of your credit card purchase on our site, simply notify your credit card provider in accordance with its reporting rules and procedures. If, through no fault of your own, your credit card company finds credit card fraud but does not waive your entire liability for unauthorized charges, we will reimburse you for the remaining liability if we failed to follow identification procedures prior to processing your charge. This provision applies only to purchases made using our secure server (https: protocol).

1. Privacy and Customer Information. We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy.

1. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor strikes, war, terrorist incident, fire, accident, adverse weather, pandemic governmental shutdowns, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

1. Entire Agreement. These terms and conditions of these Sale Terms and Conditions, together with our Terms of Use and Privacy Policy, constitute the entire agreement and understanding between you and us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.

1. Governing Law and Statute of Limitations. This site (excluding linked sites) is controlled by us from our offices within the State of Florida. By accessing this site both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts, as applicable to the matter, serving the residences of Hillsborough County, Florida. Any cause of action brought by you against us or our Affiliates must be instituted within the shorter of one (1) year after the cause of action arises or the applicable statute of limitations for such causes in the state of Florida; or, any such cause shall be deemed forever waived and barred. We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

1. Notices. All notices to a party shall be in writing and shall be made either via e-mail, regular US mail or federally recognized overnight courier. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your registration of account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication: (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail; or (4) on the delivery date if transmitted by confirmed e-mail.
2. Enforcement Costs. In any action to enforce or interpret these Terms of Use, the prevailing party will be entitled to all enforcement costs against the non-prevailing party, including, but not limited to attorney’s fees, paralegal costs, travel costs of counsel, arbitration costs, mediation costs and witness fees, whether incurred at trial or appellate level or in mediation, arbitration or bankruptcy proceedings.

1. Severability. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

1. Non-waiver. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

1. Mandatory, Binding Arbitration. Any and all controversies or claims arising out of or in any way relating to the Terms of Use, Terms and Conditions of Sale, procedures under the Privacy Policy, the use of the site, or purchases made through the site or a third-party site linked to this site shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its then current Commercial Arbitration Rules. Claims shall be heard by a single arbitrator assigned by the American Arbitration Association. The place of arbitration shall be Hillsborough County, Florida, US. The arbitration shall be governed by the laws of the State of Florida The arbitrator will have no authority to award punitive damages, consequential damage, incidental damages or other damages not measured by the prevailing party's actual damages, except as may be required by a statute which does not permit waiver. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, the cost of enforcement as provided above. The award of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: (1) that the underlying award may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules ("Appellate Rules"); (2) that the underlying award rendered by the arbitrator shall, at a minimum, be a reasoned award; and, (3) that the underlying award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an underlying award, as defined by Rule A-3 of the Appellate Rules (as the same may be amended or replaced from time to time), by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof. By use of this site you agree to be bound by the terms of this provision and waive any right to file suit in any court or tribunal and waive any right to trial by jury.