Terms & Conditions

LINK SNACKS, INC. TERMS OF USE AND CONDITIONS

Effective date: November 19, 2024

 

This website (the “Site”) is owned and operated by Link Snacks, Inc. (“we,” “us,” “our,” or “Link Snacks”). These Terms of Use (“Terms”) apply to your use of our Site and/or other services offered on the Site, including to the purchase and sale of products through the Site.

Your use of our Site means that you accept and agree to these Terms. These Terms contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions. These Terms are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Effective Date” referenced on the Site and notice will be provided through the Site or by updating the Effective Date at the beginning of these Terms. Your continued use of this Site on or after the Effective Date will constitute your acceptance of and agreement to such changes. If you do not agree to these Terms or our Privacy Policy, do not use or access the Site.

Please read these Terms carefully. These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials.

BY USING THis webSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY AND COOKIE POLICY. YOU MAY NOT ACCESS THIS webSITE OR ORDER OR OBTAIN PRODUCTS FROM THe site IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH LINK SNACKS, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.

Ownership of this Site and its Content

This Site, including all content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site (“Content”), are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Link Snacks or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you: do not modify the Content; you retain any and all copyright and other proprietary notices contained in the Content; and you do not copy or post the Content on any network computer or broadcast the Content in any media.

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Responsibility for User-Generated Content Posted on or Through This Site

To the extent portions of the Site allow you to comment or otherwise post regarding content on the Site (“User Content”), you may not post User Content that:

  • Violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
  • Is harmful, hateful, threatening, abusive, harassing, defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically or otherwise objectionable or offensive; inappropriate; invasive of another’s privacy; or inflammatory;
  • You know (or reasonably should know) is false, deceptive or misleading;
  • Contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account or other financial information, driver’s license numbers, security codes or passwords;
  • Links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions;
  • Solicits personal or private information;
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Contains advertising, promotions or marketing, or which otherwise has a commercial purpose; or
  • Violates or encourages violation of any applicable local, state, national, or international law.

By posting User Content on the Site, you are granting us a non–exclusive, worldwide, fully paid–up and royalty–free, fully assignable, transferable and sub licensable license to use, copy, perform and display publicly, distribute, and prepare derivative works based on User Content, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known. By posting User Content on the Site, you represent and warrant that the posting of your User Content does not violate these Terms of Use or applicable laws.

Link Snacks does not and shall not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Content will not appear on our Site. We do, however, reserve the right to review any or all User Content in our sole discretion. In addition, we reserve the right to alter, edit or remove any User Content, in whole or in part, at our sole discretion. UNDER NO CIRCUMSTANCES SHALL LINK SNACKS OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SITE.

Removal of Content

You can seek removal of objectionable User Content by contacting us at copyright@jacklinks.com. We will review all such requests and will remove User Content that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the User Content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the User Content we remove from this Site may remain on back-up servers.

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that any content on the Site infringes on the intellectual property of a third party, you may send it to: copyright@jacklinks.com. To submit a claim, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the Site that you believe infringes upon the copyright, and a declaration that: you, in good faith, believe the information is infringing on the copyright of a third party, the information you include in your notice is accurate, and you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.

Your Feedback

Content that you post specifically about how we can improve this Site and the products and services we make available through this Site (“Feedback”) will be and will remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Registration, Account, and Electronic Communications

To access and use certain areas or features of the Site, you may need to register for a Link Snacks account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.

By visiting the Site, using the Site, or sending emails to us, you also consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.

Your Obligations

In consideration of your use of this Site, you agree that to the extent you provide personal information to Link Snacks it will be true, accurate, current, and complete and that you will update all personal information as necessary.

To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us at feedback@lorissaskitchen.com Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

Order Acceptance and Cancellation

You agree that by ordering any product through this Site, your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Prices and Payment Terms

All prices, discounts, and promotions posted on this Site are subject to change without notice. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

From time to time we may offer promotions on the Site that may affect pricing or shipping and that are governed by terms and conditions separate from these Terms. With the exception of the Arbitration Agreement, Class Action Waiver and Jury Trial Waiver provisions in these Terms (which will apply and take precedence), if there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept American Express, Visa, Discover Card, Mastercard, Apple Pay, and Google Pay for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.  By providing a credit card or other payment method that we accept, you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes, shipping and other charges) (collectively an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information for future orders, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Order, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.

Subscriptions and Cancellation Policy

We may offer subscription plans through which you can choose to have specific products shipped to you monthly (“Subscription”). You select the type and number of product you will receive and that will determine the amount you are charged each month. If you change your Subscription, the applicable price may also change. Changes to your Subscription may also result in changes to any applicable taxes or shipping and handling charges. If we change the prices or other charges associated with your Subscription, we will provide you with notice of such changes, such as by email or a notice posted on our Site. For more information about our Subscriptions, please visit the Snack Subscriptions on our website.

WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) LINK SNACKS (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.

YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH YOUR MY ACCOUNT PAGE. HOWEVER, ANY PORTION OF THE SUBSCRIPTION IDENTIFIED AS “ORDER PROCESSED” OR “SHIPPED” ON YOUR ACCOUNT PAGE, HAS BEEN PROCESSED AND CANNOT BE CANCELLED. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.

In the event you cancel your Subscription, please note that we may still send you promotional communications, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the products you order to you. Link Snacks only accepts orders for shipments within the U.S. Orders to international destinations or to Puerto Rico or other US territories will not be processed. Please check the cart for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. All Orders placed on the Site are subject to product availability.

Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds

Except for food products or other products designated on the Site as final sale, non-refundable or non-returnable, we will accept a return of products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within fourteen (14) days of receipt of order and such products are returned in their original condition. For a replacement product or refund, please contact Link Snacks Consumer Relations.  Do not return a product before receiving approval from us. You are responsible for all shipping and handling charges on returned items, unless otherwise specified. You bear the risk of loss during shipment. Depending on the circumstances, we may, in our sole discretion, replace the product at our expense or provide you a full or partial refund of the purchase price of the product.  Do not return food products to us without prior approval.

Any refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-REFUNDABLE.

Goods Not for Resale or Export

You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.

WARRANTY AND DISCLAIMERS

We do not manufacture or control the non-food products offered on our Site. The availability of non-food products through our Site does not indicate an affiliation with or endorsement of any such product or manufacturer. Accordingly, we do not provide any warranties with respect to the non-food products offered on our Site. However, the non-food products offered on our Site may be covered by the manufacturer’s warranty as may be included with the non-food product.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND ALL OF ITS PRODUCTS AND CONTENT (INCLUDING USER CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LINK SNACKS, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE.

YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Links to Third-Party Websites

This Site may provide links to other websites operated by third parties. Because we have no control over such third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Link Snacks 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 content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Governing Law, Jurisdiction and Venue

These Terms of Use will be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions, except for as provided in the Arbitration Agreement below. Any claim or dispute related to the Site or under these Terms of Use, the Privacy Policy, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in the County of Hennepin, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

Indemnity

You agree to indemnify and hold Link Snacks, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Your Consent to Other Agreements

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree” (“Click-Through Agreement”). If any of the terms of the Click-Through Agreement are different than the terms of these Terms, the terms of the Click-Through Agreement will supplement or amend these Terms, but only with respect to the matters governed by the Click-Through Agreement, and in no event with respect to the Arbitration Agreement, Class Action Waiver and Jury Trial Waiver provisions provided in these Terms.

Arbitration Agreement, Class Action Waiver and Jury Trial Waiver

  1. Purpose: This section of the Terms (henceforth referred to as “Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and Link Snacks. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.

Please read this Arbitration Agreement carefully. It provides that all Disputes between you and Link Snacks shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your and our right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).

For the purpose of this Arbitration Agreement, “Link Snacks” means Link Snacks and its subsidiaries and affiliates and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Link Snacks regarding any aspect of your relationship with Link Snacks, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.

YOU AND LINK SNACKS EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

  1. Pre-Arbitration Dispute Resolution: For all Disputes, you and we must first give each other an opportunity to resolve the Dispute before commencing arbitration. You must commence any Dispute you have with us by filling out the information at the following link: Disputes. The Dispute form will require you to submit (1) your name, (2) your address, (3) your phone number, (4) a written description of the Dispute, (5) a description of the specific relief you seek, and (6) your personal signature. We must commence any Dispute we have with you by sending you a written notification to the email address we have on file for you, if any, or your physical address, which notification will include a written description of the Dispute and a description of the specific relief we seek. You consent to receive any such notification from us as part of these Terms. Upon receipt of a Dispute notification, the parties will have 60 days to attempt to informally resolve the Dispute before either party may initiate an arbitration. During that period, the receiving party may request an individualized telephone or video settlement conference that both parties are required to personally attend. Your counsel may also attend any such conference, if you are represented. Either party may communicate directly with the other in an effort to satisfy or resolve any Dispute, including by communicating any offers or demands.
  2. Arbitration Procedures:If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Dispute Resolution”) either you or Link Snacks may initiate arbitration proceedings. The American Arbitration Association (“AAA”) will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. However, this shall not preclude the application of Subsection K regarding Mass Filings below. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.

For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. However, this shall not preclude the application of Subsection K regarding Mass Filings below.

In the event of a Mass Filing (defined in Subsection K below), the procedures, fees, and costs described in Subsection K will govern notwithstanding any applicable rule of the arbitration provider to the contrary.

The Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes between you and Link Snacks. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. For any issues to be resolved by reference to state law under the FAA, Minnesota law shall govern.

  1. Arbitration Award:The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
  2. Location of Arbitration:The arbitration may be heard in Minnesota, as otherwise required by the arbitration provider’s rules, or in another location mutually agreed to by the parties. The parties may appear via teleconference as though they were appearing in person unless otherwise ordered by the arbitrator.
  3. Payment of Arbitration Fees and Costs: The initiating party must pay all filing fees that the arbitration provider requires to be paid by the initiating party. Your and our responsibility to pay other administrative and arbitrator fees and costs will also be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, filing, and/or other fees incurred as a result of the frivolous claim. The arbitration provider may also impose such obligation on the claimant’s attorneys. Fees, costs, and sanctions may also be awarded in the arbitration against a party of a party’s attorney as provided pursuant to applicable law. You may qualify for a waiver of certain arbitration costs under the arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, Minnesota state court, or the courts of your state of residence, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, Link Snacks will pay the filing fees for you.
  4. Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action), except as set forth in Subsection K below, unless both you and Link Snacks specifically agree in writing to do so following initiation of the arbitration. You may not be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding against Link Snacks, except as set forth in Subsection K below.
  5. Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Link Snacks are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Link Snacks might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You and we give up those rights. Other rights that you or we would have if you or we went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
  6. Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above and Mass Filing clause below) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver or Mass Filing clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
  7. Continuation:This Arbitration Agreement shall survive the termination of your contract with Link Snacks and your use of Link Snacks services or purchase of Link Snacks products.
  8. Mass Filing: If, at any time, 25 or more similar demands for arbitration are asserted against us or related parties by the same or coordinated counsel or entities, or if we assert 25 or more similar demands for arbitration or counterclaims against similarly situated parties, within a period of 120 days or otherwise close in proximity (“Mass Filing”), the additional protocols set forth below shall apply:
  • Acknowledgment of Mass Filing Protocols. If you or we, or your or our counsel, files a demand for arbitration that fits within the definition of Mass Filing referred to above, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the bellwether proceedings.
  • Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in a Mass Filing, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither you nor Link Snacks will be required to pay any such filing fees. You and Link Snacks also agree that neither you nor we shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases.
  • Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the remaining claims shall be administered individually pursuant to the arbitration provider’s mass arbitration rules and fee schedule, subject to the condition above that the arbitration provider’s mass arbitration rules shall apply if 25 or more similar demands for arbitration are asserted by the same or coordinated counsel or entities, notwithstanding any higher threshold that may otherwise be imposed by the arbitration provider’s rules. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the global mediation process.
  • Arbitration Provider’s Authority to Apply Mass Filing Rules. Notwithstanding this Subsection K, if a series of arbitration demands is determined by the arbitration provider not to constitute a Mass Filing pursuant to this Arbitration Agreement, but such demands constitute a mass filing pursuant to the arbitration provider’s mass filing rules, the arbitration provider shall apply its mass filing rules, procedures, and fees.
  • Enforcement of Subsection. A Court of competent jurisdiction located in federal or state court in Minnesota shall have the power to enforce this Subsection K.

No Third-Party Beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Severability

Subject to the specific severability for the arbitration agreement described above, if any provision of these Terms is determined to be invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement

These Terms of Use, together with our Privacy Policy, and Cookie Policy are the entire agreement between you and us related to your use of the Site.

Questions

If you have any questions about this Site or these Terms, please contact us using the following information:

Link Snacks
One Snack Food Lane
P.O. Box 397
Minong, WI 54859

You may also call us at 715-466-6662