Terms

TERMS OF USE

Last Updated: January 4, 2023

These Terms of Use form a legal agreement entered into by and between you, the user of this website (the “User” or “you” or “your”), https://snubbies.com/ (the “Site”), and any organization on behalf of which you are using or accessing this website, and Snubbies, LLC (“Snubbies” also referred to herein as “Company” “we,” “us,” and “our”). If you are accessing the Site on behalf of, or as an agent for another person or entity, that person or entity is also a User and will be bound by this agreement. You represent that you are of the age of majority and have the capacity necessary to enter and be bound by the terms of this agreement. The information entered by or on behalf of User is incorporated herein and made a part of this agreement.  Further, by using or accessing the Site, and/or by clicking “I Agree” (or a similar button) to accept or agree to these Terms of Use when this option is made available to you, you signify your agreement to these Terms of Use as well as our Privacy Policy Privacy Policy | Snubbies, which is incorporated herein by reference.

  1. TERMS

These Terms of Use apply to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with us for products, services or otherwise. You represent and warrant that you have full power and authority to enter into these Terms of Use and in doing so will not violate any other agreement to which you are a party.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING OR ACCESSING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING YOUR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHALL NOT USE OR ACCESS THE SITE.

  1. ELIGIBILITY

YOU MUST BE AT LEAST 18 YEARS OLD TO USE OR ACCESS THE SITE. IF YOU ARE A MINOR IN THE JURISDICTION IN WHICH YOU RESIDE, YOU MUST HAVE THE PERMISSION OF, AND BE DIRECTLY SUPERVISED BY, YOUR PARENT OR LEGAL GUARDIAN TO USE OR ACCESS THE SITE, AND YOUR PARENT OR LEGAL GUARDIAN MUST READ AND AGREE TO THESE TERMS OF USE PRIOR TO YOUR USING THE SITE. NOTWITHSTANDING THE FOREGOING, YOU ARE NOT AUTHORIZED TO USE THE SITE IF YOU ARE UNDER THE AGE OF 13.

  • SALES OF GOODS
        1. Acceptance of Orders. The Site only solicits offers to buy goods and is not an offer to sell. An order placed through the Site by User is User’s offer to buy, under this agreement, all goods, items, and products in the quantities and at the prices listed in the order (the “Goods”). Snubbies will not be obligated to sell the Goods to User unless and until Snubbies accepts the order. Acceptance of any order is subject to approval by Snubbies in its sole discretion. Snubbies will send User a confirmation email with the details of the Goods ordered after Snubbies’ acceptance. Acceptance of User’s order and the formation of the contract of sale between Snubbies and User will not take place unless and until Snubbies transmits the confirmation email. Snubbies shall sell to User and User shall purchase from Snubbies the Goods upon the terms and conditions set forth in confirmation and this agreement. BY PRESENTING AN ORDER TO SNUBBIES, USER CONFIRMS THAT THESE TERMS OF USE SHALL GOVERN ALL PURCHASES OF GOODS.
        2. Prices. All prices are quoted in USD. The price charged for a Good will be the price in effect at the time the order is accepted and as set out in the order confirmation email. All prices are exclusive of all charges for shipping and handling and sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by User. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. User agrees to indemnify and defend the Snubbies for any tax, penalty, and interest incurred as a result of Snubbies’ good faith acceptance of a tax exemption, reseller’s permit, or resale certificate that is later found to be incomplete or invalid.
        3. All prices posted on this Site are subject to change without notice. Price increases will only apply to orders placed after such changes. 
        4. IN THE EVENT OF A TYPOGRAPHICAL ERROR RELATING TO PRICE, CHARACTERISTICS, OR QUANTITY OF AN ITEM FEATURED OR DESCRIBED ON THE SITE, SNUBBIES RESERVES THE RIGHT TO REFUSE TO FILL ALL OR ANY PART OF ORDER(S) THAT RELY ON SUCH TYPOGRAPHICAL ERROR. ALL GOODS AND PRICES LISTED ON THE SITE ARE SUBJECT TO CHANGE, AVAILABILITY, PRIOR SALE, AND QUANTITY LIMITATIONS, EVEN IF YOU HAVE ALREADY PLACED AN ORDER. 
  • PAYMENT 
  • Terms of payment are within Snubbies’ sole discretion and, unless otherwise agreed by Snubbies in writing, payment must be received by Snubbies before its acceptance of an order. Snubbies will refund payments made for orders not accepted. Snubbies accepts payment on the Site via credit card or debit card. Only valid credit cards or other payment method acceptable to us may be used, and all refunds will be credited to the same card or, in our discretion, other payment method. Credit card sales are billed at the time of purchase. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling, and any other amounts described on the Site) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. User expressly represents it is solvent at the time it places any order with Snubbies. Snubbies requires full payment prior to shipment. You agree to keep all payment cards or other payment method information current, and you agree that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

  • PRODUCT RETURNS 
  • Except for any products designated on the Site as non-returnable, Snubbies will accept a return of Goods for a refund of User’s purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition. To return products, you must call 888-483-4969 or email our Customer Service Department at support@snubbies.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number. User is responsible for all shipping and handling charges on returned items. User bears the risk of loss during shipment. Refunds are processed within approximately three business days of our receipt of your merchandise. Your 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-RETURNABLE.

    1. DELIVERY; SHIPPING FEES; RISK OF LOSS 

    User is responsible for additional applicable shipping and handling charges, surcharges, taxes, and duties.

    1. Snubbies shall deliver the ordered Goods to the address specified by the User in the order (the “Delivery Point”) using Snubbies’ standard methods for packaging and shipping such Goods. If for any reason User fails to accept delivery of any of the Goods at the Delivery Point, or if Snubbies is unable to deliver the Goods at the Delivery Point because User has not provided appropriate instructions, documents, licenses, or authorizations: (i) the Goods shall be deemed to have been delivered; and (ii) Snubbies, at its option, may store the Goods until User picks them up, whereupon User shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
    2. All shipments are FOB origin point of shipment from Snubbies’ facility and/or the vendor’s manufacturing facilities. All shipping charges are pre-paid and shall be added to the order total. Unless desired routing is specified on the order, a common carrier will be selected by Snubbies. If specified routing entails special charges, all charges will be added to the invoice. The carrier on FOB shipping point shipments becomes the agent for User, and User must file all damage claims with the carrier. Snubbies will deliver the Goods as close as possible to User’s requested delivery date(s). User acknowledges that shipment and delivery dates are estimates only and that Snubbies will not be liable for failure to meet such dates.
  • SITE OWNERSHIP AND INTELLECTUAL PROPERTY
  • The Site as well as its contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all information, products, and services offered by us to you in connection with the Site (collectively, the “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The Site and the Content are the property of us and/or the applicable third-party licensors, and all right, title, and interest in and to the Site and the Content will remain with us or such third-party licensors. Our logos, page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of us. All other products, names, and company logos mentioned on the Site or in the Content are trademarks of their respective owners.

    These Terms of Use permit you to use the Site exclusively for your lawful, personal, informational, and other non-commercial use. You do not acquire ownership rights to the Site or any Content, other than those rights in the materials that you submit to us or otherwise enter through the Site, if any, that you may have or any rights that we may specifically grant you in writing, such as the limited license to use the Site, as further described herein. These Terms of Use do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of Snubbies or the respective intellectual property owners. You will abide by any and all additional copyright notices, information, or restrictions contained in the Site or any Content. 

    Snubbies respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Snubbies, LLC, 4117 Hillsboro Pike, Ste 103-325, Nashville, TN 37215, Attn: DMCA Agent, Chris Glaser. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Snubbies has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

      1. FEEDBACK AND REVIEWS
        1. If you provide us with comments, bug reports, feedback, user reviews or modifications proposed by you to us, about the Site or the Content (collectively, “Feedback”), we will have the right to use such Feedback at our discretion, including but not limited to incorporating such Feedback into the Site and the right to assign, license or otherwise use such Feedback. 
  • The Site may include product reviews or other interactive features in which you or other users can create, post, upload, transmit, or distribute content, such as comments, reviews, text, or other materials (“User Reviews”). User Reviews may be publicly viewable along with profile information associated with your online account. You agree that you are solely responsible for your User Reviews and for your use of such aspects of the Site. Use of these portions of the Site are at your own risk. You understand that you may not be able to delete User Reviews after posting. You also assume all risks associated with your User Reviews, including anyone’s reliance on the quality, accuracy, or reliability of such User Reviews, and the disclosure of your personal information in connection with such content. If you submit User Reviews, you agree to state your opinions lawfully, honestly, and in good faith and to reveal to others any conflict of interest or relationship that might influence your views.
        1. By providing Feedback, you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Feedback on the Site and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You represent and warrant that (a) such Feedback is not confidential; (b) you own and control all of the rights, title and interest in and to the Feedback or you otherwise have all necessary rights to post and use such Feedback and to grant the rights to us that you grant in these Terms of Use; (c) the Feedback is accurate and not misleading or harmful in any manner; and (d) the Feedback, and your use and posting thereof, does not and will not violate these Terms of Use or any applicable law, rule or regulation.
  • PROHIBITED USES
  • You may only use the Site and the Content as expressly permitted under these Terms of Use and only for lawful purposes.  Specifically, you agree that you will use the Site only in a manner that complies with all applicable laws and that your use of the Site is subject to all applicable laws and regulations; any other use is expressly prohibited. Any use of the Site or the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Without limiting the foregoing, you agree that you will not attempt to or in fact:


    • Use the Site in any way that violates federal, state, local, or international law or regulation;
    • Use the Site to transmit or send unsolicited commercial communications;
    • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
    • Post any infringing, obscene, indecent, or unlawful material or information;
    • Gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the Site (or the servers, networks, and databases associated with the Site);
    • Access the Site through any robot, spider, or other automated means;
    • “Screen scrape”, “monitor”, “mine”, “copy”, or “mirror” the Site;
    • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent;
    • Engage in any activity that interferes with, disrupts, or imposes an unreasonable or disproportionately large load on the Site (or the servers, networks, and databases associated with the Site);
    • Introduce to the Site (or the servers, networks, and databases associated with the Site) any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs, or other material which is malicious or technologically harmful;
    • Use the Site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
    • Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from the Site or any Content;
    • Reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sublicense, trade or resell any Content or other aspect of the Site for any commercial purpose (except for Content specifically and expressly made available for redistribution) without our prior written consent;
    • Remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, copyrights, warranties, disclaimers, or other proprietary notations;
    • Impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); and
    • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images.

    You are solely responsible for (and we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which you may suffer) of any such breach.

  • INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
  • Personal information we collect via the Site is subject to our Privacy Policy Privacy Policy | Snubbies. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy Privacy Policy | Snubbies.

  • AVAILABILITY; REVISIONS; RELIANCE ON INFORMATION POSTED
  • The information presented on or through the Site, including the Content, is made available solely for general information purposes. We reserve the right to modify or discontinue the Site at any time with or without notice to you. We do not guarantee continuous, uninterrupted or secure access to the Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God, as more fully set forth below.  

    We reserve the right, at our sole discretion, for any reason, at any time, with or without notice to you, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or to terminate your username and account and/or your access to the Site (or any part thereof). Under no circumstances shall we be liable for any loss, damage, liability, or expense incurred or suffered which is claimed to result from your use of the Site, including without limitation, any fault, error, omission, interruption, or delay with respect thereto.

    We use reasonable efforts to update the information on the Site, and the Contents are subject to change without notice. However, we do not make any commitment to update the Site or the Content. The Content and the Site may include technical, typographical, or photographic errors.

    We do not warrant the accuracy, completeness, or usefulness of the Site or the Content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site.

    If you have questions about the information presented on the Site, please contact us using the information provided in “Contact Information” at the end of these Terms of Use.

  • SECURITY MEASURES
  • Snubbies will apply commercially reasonable measures to protect the security of nonpublic personal information and other data essential for use of the Site, such as information you upload or enter when using the Site.  You shall protect the confidentiality and security of your credentials, and you shall not allow any person to have access to or to use your credentials.

    Snubbies is entitled (but not required) to apply security measures to protect the Site and the Content, and Snubbies may block users (or IP addresses) identified or suspected as being used to access the Site (i) without authorization, (ii) for unlawful purposes or for purposes of disrupting, or (iii) in any manner that presents a risk of damaging the Site.

    You shall immediately notify Snubbies of any activity on the Site suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Site.

    You shall immediately notify Snubbies of any security breach involving the Site of which you become aware, including any loss of nonpublic personal information and any incident where nonpublic personal information relating to you becomes available to unauthorized persons through the Site.

  • USER RESPONSIBILITIES AND RESTRICTIONS
  • User Connection to Site. User shall be responsible for selecting, obtaining, and maintaining any equipment, items, communications, and ancillary services needed to access the Site.
  • Account Passwords and Data Security. User shall maintain the confidentiality of all userIDs and passwords of User. User shall be solely responsible for all use or misuse of the userIDs of User, and Company shall have no obligation to monitor for or report any use or attempted use of the userIDs of User.
        1. Indemnification. User agrees to indemnify, defend, and hold harmless Company and its successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) User’s use of the Site or Goods obtained through User’s account; (ii) User’s breach or violation of any of this agreement; or (iii) User’s violation of the rights of any third party, including any third party’s intellectual property rights.
        2. Privacy Policy.  User acknowledges and agrees that User has read and understood Company’s Privacy Policy | Snubbies, and User consents to and authorizes the processing, use, and disclosure of personal information as set forth therein.
  • LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
  • User may link to the Site’s homepage, provided User does so in a way that is fair and legal. But, User must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Company’s part without Company’s express written consent. 
  • The Site may provide certain social media features that enable User to: (a) link from User’s own or certain third-party websites to certain content on this Site; (b) send e-mails or other communications with certain content, or links to certain content, on this Site; and/or (c) cause limited portions of content on this Site to be displayed or appear to be displayed on User’s own or certain third-party websites. User may use these features solely as they are provided by Company and solely with respect to the content they are displayed with. Subject to the foregoing, User must not: (a) establish a link from any website that is not owned by User; (b) cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the Site other than the homepage; or (d) otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.
  • User agrees to cooperate with Company in causing any unauthorized framing or linking immediately to cease. Company reserves the right to withdraw linking permission without notice. Company may disable all or any social media features or any links at any time without notice in its discretion.
  • LINKS FROM THE SITE; THIRD-PARTIES
  • This Site may contain links to other Internet sites that our partners and other third parties. These links are provided for your convenience only. Your use of those sites is subject to the terms of use, if any, that each of those sites have posted. We have not reviewed all the sites linked to the Site, and we are not responsible for any changes to or content on them. We have no control over the content of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Our inclusion of any content is not an endorsement of that material or linked site or the companies that own or operate the material or linked sites.

    This Site may also include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  • LIMITED WARRANTIES
        1. TO THE EXTENT, IF ANY, THAT COMPANY IS THE MANUFACTURER OF ANY GOODS PURCHASED VIA THE SITE, COMPANY WARRANTS SUCH GOODS AGAINST DEFECTS OF MATERIAL AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF TWELVE (12) MONTHS FROM DATE OF MANUFACTURE, UNLESS OTHERWISE STATED. THIS WARRANTY DOES NOT COVER TRANSPORTATION, STORAGE, ORDINARY WEAR AND TEAR, ACCIDENTS, ABUSE, MISUSE, FAILURE TO FOLLOW PRODUCT INSTRUCTIONS, UNAUTHORIZED REPAIRS, FAILURE TO PERFORM MAINTENANCE, ALTERED PRODUCTS, IMPROPER USE, OR USE OF MATERIALS NOT OF COMPANY’S MANUFACTURE OR SUPPLY. THIS LIMITED WARRANTY EXTENDS ONLY TO THE ORIGINAL PURCHASER OF GOODS FROM THE SITE. IT DOES NOT EXTEND TO ANY SUBSEQUENT OR OTHER OWNER OR TRANSFEREE OF THE GOODS. THE WARRANTY PERIOD IS NOT EXTENDED IF WE REPAIR OR REPLACE A WARRANTED PRODUCT OR RE-PERFORM A WARRANTED SERVICE. THIS LIMITED WARRANTY CAN ALSO BE FOUND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS. 
        2. USER’S EXCLUSIVE REMEDY AND COMPANY’S SOLE LIABILITY UNDER THE LIMITED WARRANTY FOR GOODS MANUFACTURED BY COMPANY IS THAT COMPANY SHALL, AT COMPANY’S OPTION, (1) REPAIR OR REPLACE THE DEFECTIVE GOOD, OR (2) ISSUE A CREDIT TO USER, IN EACH CASE PROVIDED THAT USER GIVES COMPANY PROMPT WRITTEN NOTICE OF THE DEFECT OR DEFECTS DURING THE WARRANTY PERIOD AND FURTHER PROVIDED THAT INSPECTION, IF REQUIRED BY COMPANY, CONFIRMS THE DEFECT OR DEFECTS. IT IS EXPRESSLY AGREED THAT THIS REMEDY OF REPAIR, REPLACEMENT, OR CREDIT, AT COMPANY’S OPTION, IS THE EXCLUSIVE REMEDY OF USER UNDER THIS CONTRACT. TO OBTAIN WARRANTY SERVICE, USER MUST CALL 888-483-4969 OR EMAIL THE CUSTOMER SERVICE DEPARTMENT AT SUPPORT@SNUBBIES.COM DURING THE WARRANTY PERIOD TO OBTAIN AN RMA NUMBER. NO WARRANTY SERVICE WILL BE PROVIDED WITHOUT AN RMA NUMBER.
        3. EXCEPT AS OTHERWISE SPECIFICALLY STATED IN THIS SECTION, THE SITE, CONTENT, AND ALL GOODS PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND USER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, CONTENT, AND GOODS, AND COMPANY DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE OR CONTENT OR ANY PART THEREOF, OR THE GOODS, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT COMPANY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN USER. 
        4. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE CONTENT. COMPANY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. 
        5. ALL USER REVIEWS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS, AND WE DO NOT ENDORSE OR APPROVE ANY USER REVIEWS. WE DO NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, APPROPRIATENESS OR CONTENT OF USER REVIEWS
        6. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.
        7. IN ADDITION TO THAT WHICH IS SET FORTH IN THESE TERMS OF USE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, SNUBBIES SHALL NOT BE LIABLE FOR ANY LOSS ARISING OUT OF OR RELATING TO (A) A FAILURE BY YOU TO COMPLY WITH THE OBLIGATIONS SET FORTH IN THESE TERMS OF USE; (B) YOUR USE OF THE SITE; (C) YOUR RELIANCE ON THE SITE; AND (D) ACTS OR OMISSIONS OF USER OR ANY THIRD PARTY.
        8. THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  • LIMITATIONS OF LIABILITY
    1. MAXIMUM AGGREGATE LIABILITY. COMPANY’S TOTAL AGGREGATE LIABILITY TO USER OR TO ANY OTHER PERSON ARISING FROM OR RELATING TO THIS AGREEMENT, OR ANY PURCHASES GOVERNED BY THESE TERMS & CONDITIONS, OR FROM THE USE OF THE SITE OR GOODS FURNISHED UNDER THIS AGREEMENT, OR FROM ANY ADVICE, INFORMATION OR ASSISTANCE PROVIDED BY COMPANY (BY ANY METHOD, INCLUDING VIA THE SITE), UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, SHALL BE LIMITED TO THE GREATER OF $50 OR THE PRICE OF THE GOODS GIVING RISE TO THE CLAIM. 
    2. EXCLUSION OF CERTAIN DAMAGES.  NEITHER COMPANY NOR ITS VENDORS SHALL BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, ENHANCED, PUNITIVE, OR PENAL DAMAGES; (2) ANY BACK CHARGES, LABOR COSTS, OR COSTS OF REMOVAL, REPLACEMENT, TESTING, OR INSTALLATION; (3) LOSS OF EFFICIENCY, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF THE GOODS OR ANY ASSOCIATED ITEMS OR SERVICES; (4) DAMAGE TO ASSOCIATED GOODS; (5) LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF GOODS; (6) COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME; (7) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (8) LOSS OF GOODWILL OR REPUTATION; (9) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (10) CLAIMS FROM THIRD PARTIES, IN EACH CASE REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
    3. NO ADVICE. IF COMPANY FURNISHES USER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY GOODS SUPPLIED HEREUNDER AND WHICH IS NOT REQUIRED PURSUANT TO THESE TERMS & CONDITIONS, THE FURNISHING OF SUCH ADVICE OR ASSISTANCE WILL NOT SUBJECT COMPANY TO ANY LIABILITY, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS.
    4. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  • INTERNATIONAL USERS
        1. Not Intended for Users Outside The United States. The owner of the Site is based in the State of Tennessee in the United States. The availability of products and services described on this Site, as well as associated fees, charges, interest rates, and balance requirements may differ among geographic locations. We make no representation that the Site is appropriate or available for use outside of the United States and, whenever possible, has prohibited the sale of Goods and the use of certain features by anyone located outside the united States.  We provide this Site for use only by persons located in the United States. The information provided on this Site is not intended for distribution to, or use by, any person or entity outside of the United States or in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us or our affiliates, employees, directors, officers or agents to any registration requirement within such jurisdiction or country.  If you use or access the Site outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
        2. Goods Not for Resale or Export. You represent and warrant that you are buying Goods 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 US.
  • GOVERNING LAW AND VENUE
  • All matters relating to the Site, the Content, or these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule.

    The courts having jurisdiction over the State of Tennessee shall have exclusive jurisdiction over all disputes arising in connection with these Terms of Use, and the place of performance of these Terms of Use is agreed by you to be the State of Tennessee.

  • ASSIGNMENT
  • These Terms of Use will be binding upon and inure to the benefit of the parties and their successors and assigns. You may not assign these Terms of Use or any of the rights or licenses granted hereunder.  Any attempted sublicense, transfer, or assignment in violation of these Terms of Use is void.

  • WAIVER AND SEVERABILITY
  • No waiver by us of any term or condition set out in these Terms of Use 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 by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Enforcement of these Terms of Use is in our sole discretion.

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

    1. INDEMNIFICATION

    You agree to indemnify, defend, and hold harmless us and our successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of these Terms of Use; (ii) your violation of any third party’s right, including, without limitation, any copyright, trademark, property right, or privacy right; or (iii) any claim that Content provided by you caused damage or loss to a third party. This defense and indemnification obligation will survive your use of the Site and any termination of these Terms of Use.

  • MATERIAL INDUCEMENT AND CONSIDERATION
  • YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THESE TERMS OF USE ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED HEREIN AND FOR PROVIDING YOU WITH ACCESS TO THE SITE.

  • TERMS OF USE MAY CHANGE
  • We may modify these Terms of Use from time to time in our sole discretion. We will provide notice by, at a minimum, updating this posting. You are expected to carefully review these Terms of Use from time to time so you are aware of any changes. However, if we make material changes to these Terms of Use, we will notify you either through the email address you have provided us or by means of a prominent notice on the Site before the change becomes effective. Any changes to these Terms of Use will be in effect as of the “Last Updated” date referenced at the top of these Terms of Use. Your continued use of the Site constitutes your binding acceptance to these Terms of Use, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you must not use or access the Site.

  • ENTIRE AGREEMENT
  • These Terms of Use, together with any documents expressly referred to in them, including our Privacy Policy Privacy Policy | Snubbies, constitute the sole and entire agreement between you and us with respect to the Site and Content, and they supersede all previously written or oral agreements regarding the Site and Content. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect. Each party represents and warrants that, in entering into and performing its obligations under this agreement, it does not and will not rely on any promise, inducement, or representation allegedly made by or on behalf of the other party with respect to the subject matter hereof, nor on any course of dealing or custom and usage in the trade, except as such promise, inducement, or representation may be expressly set forth herein.  

  • AMENDMENT AND WAIVER
  • Company reserves the right, at any time and from time to time, to update, revise, supplement, and to otherwise modify this agreement, and to impose new or additional rules, policies, terms, or conditions, with or without prior notice and for any reason. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this agreement as “Revised Terms”) will be effective immediately and incorporated into this agreement upon Company’s publishing them on the Site, which may be given by any means Company designates, including by posting to the Site. User acknowledges and agrees that User’s continued use of the Site will be deemed to conclusively indicate User’s acceptance of any and all such Revised Terms. All Revised Terms are incorporated into, and made a part of, this agreement by this reference. Company’s failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.

    1. SEVERABILITY

    If any provision of this agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (i) the validity and enforceability of all provisions of this agreement not ruled to be invalid or unenforceable will be unaffected; (ii) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (iii) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein; and (iv) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in this agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.

    1. TERM AND TERMINATION

    This agreement is effective upon your acceptance of it or on first use of the Site, and it shall continue in effect until terminated in accordance with this section. You may terminate these Terms of Use at any time by closing your account, discontinuing your use of the Site and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use the Site, or any portion of the Site, and to block or prevent your future access to and use of the Site or any portion of the Site.  We may terminate this agreement at any time by disabling access to the Site or closing your account.

  • OTHER PROVISIONS
        1. Notice.  Except as otherwise expressly provided herein, notices shall be given under this agreement in writing in the English language, signed by the party giving the same, and shall be given (i) personally (in which case such notices shall be deemed given when so delivered), (ii) by certified or registered U.S. Mail, properly addressed and postage pre-paid, from within the United States (in which case such notices shall be deemed given on the third business day after deposit), (iii) by generally recognized overnight courier, properly addressed and pre-paid, with next business day instruction (in which case such notices shall be deemed given on the next business day after deposit), or (iv) if to User, at Company’s  election, by e-mail (in which case such notice shall be deemed given upon transmission unless Company receives a non-delivery email message within a reasonable time thereafter). Such notices shall be sent to support@snubbies.com and to User at the address for notices or email address designated by User.  Either party may change its address for purposes of notice by written notice thereof to the other party.
        2. Force Majeure. Neither party shall be liable for any failure to perform its obligations under this agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of such party and not due to such party’s own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, change in any law or regulation, fires, floods, explosions, epidemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
        3. Survival. The covenants herein concerning indemnification, post-termination procedures, and any other provision that, by its nature, is intended to survive this agreement shall survive any termination or expiration of this agreement.
        4. Headings.  The headings of the sections used in this agreement are included for convenience only and are not to be used in construing or interpreting this agreement.
  • CONTACT INFORMATION
  • All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to:  

    By Phone: 888-483-4969

    By Email:  support@snubbies.com

    By Mail: Snubbies, LLC

    4117 Hillsboro Pike, Ste 103-328

    Nashville, TN 37215