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Terms & Conditions
Last Updated: April 21, 2025
Welcome to EatPhatSnax.Com (the "Website"), operated by Phat Snax LLC ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our Website and any content, features, services, or products offered through the Website (collectively, the "Services").
Please read these Terms carefully before using our Website or Services. By accessing or using the Website or Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these Terms, do not access or use the Website or Services.
1. Acceptance of Terms By using this Website, you affirm that you are of legal age to enter into this agreement, or, if you are not, that you have obtained parental or guardian consent to enter into this agreement, and that your use of the Website is in compliance with any and all applicable laws and regulations.
2. Changes to Terms We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website or Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website and Services. You are encouraged to review these Terms periodically for changes.
3. Use of the Website We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Website and Services for your personal, non-commercial use (unless otherwise specified), subject to these Terms.
You agree not to use the Website or Services:
In any way that violates any applicable national, federal, state, local, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate Phat Snax LLC, a Phat Snax LLC employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Phat Snax LLC or users of the Website or expose them to liability.
To engage in scraping, data mining, data harvesting, data extracting, or any other similar activity in relation to this Website.
To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
4. User Accounts (If Applicable) If our Website requires you to create an account, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
5. Intellectual Property Rights The Website and its original content (excluding Content provided by users, if applicable), features, and functionality are and will remain the exclusive property of Phat Snax LLC and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Phat Snax LLC.
6. Links To Other Web Sites Our Service may contain links to third-party web sites or services that are not owned or controlled by Phat Snax LLC. Phat Snax LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Phat Snax LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
7. Termination We may terminate or suspend your access to our Website and Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Website and Services will cease immediately. If you wish to terminate your account (if applicable), you may simply discontinue using the Service or follow any account deletion procedures provided.
8. Disclaimer of Warranties THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Phat Snax LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR WEBSITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER Phat Snax LLC NOR ANY PERSON ASSOCIATED WITH Phat Snax LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER Phat Snax LLC NOR ANYONE ASSOCIATED WITH Phat Snax LLC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Phat Snax LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Limitation of Liability IN NO EVENT WILL Phat Snax LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Indemnification You agree to defend, indemnify, and hold harmless Phat Snax LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content (if applicable), any use of the Website's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
11. Governing Law These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.
12. Dispute Resolution Any disputes arising out of or relating to these Terms, the Privacy Policy, use of our Website, or our Services offered on the Website that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis, except that you and Phat Snax LLC are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
13. Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
14. Waiver No waiver by Phat Snax LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Phat Snax LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
15. Entire Agreement The Terms and our Privacy Policy constitute the sole and entire agreement between you and Phat Snax LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.