ONLINE TERMS OF USE

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Last revised: October 2023

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OVERVIEW

These terms and conditions (“Terms of Use”, “Terms”) govern your use of our online properties owned and controlled by Snakklub, LLC, including www.snakklub.com website and any online service that links to these Terms of Use ("Site"). Throughout the Site, the terms “we”, “us”, “our”, and "Snakklub" refer to Snakklub, LLC. Snakklub offers this website, including all information, materials, content, tools, and services (collectively with the Site, the "Services") available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

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By accessing or using any part of the Site and/or purchasing something from us, you engage in our Services and agree to be bound by the following Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

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Additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping, and return policies (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall supersede the provision(s) of these Terms that are designated therein as being superseded.

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Any new features or tools added to the Services shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

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Please read these Terms of Use carefully before accessing or using our Site. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any of the Services. 

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The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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1. OWNERSHIP OF THE SITE

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Snakklub's online platform contains content that includes without limitation all data, files, documents, text, information, photographs, graphics, icons, images, designs, audio, and video, and any materials accessed through or made available through the Site (“Content”). All Content is the property of Snakklub and may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Snakklub. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content, or other proprietary information (including images, text, page layout, or form) of Snakklub without our express written consent.

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Snakklub authorizes you, subject to these Terms, to access and use Snakklub's online platform and the Content solely for your personal, noncommercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.

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The registered or unregistered logos, product, and service names contained in Snakklub's online platform are or may be trademarks of Snakklub or its licensors (the "Marks"). Without Snakklub's prior written permission, and except as solely enabled by any link as provided by Snakklub, you agree not to display or use the Marks in any manner.

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2. ACCESS AND USE OF THE SITE

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By using the Site, you agree that you are at least 18 years of age or the age of majority in your state or province of residence or, if you are under 18 years of age or the age of majority in your state or province of residence (a "Minor"), that you are using the Site with the consent of your parent or legal guardian and you have received your parent’s or legal guardian's permission to use the Site and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms. Use of the Site if prohibited where prohibited by law.

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We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services or any Content on the Site through which the Services is provided, without first obtaining express, written permission by us.

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3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

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We are not responsible if information made available on the Site is not accurate, complete, or current. The Content on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the Content on the Site is at your own risk. The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content on the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to our Site.

 

4. MODIFICATIONS TO PRODUCTS AND PRICES

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Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any of our products (or any part of content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our products.

 

5. PRODUCTS OR SERVICES

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Product Descriptions

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We have made every effort to display as accurately as possible the colors and images of our products that appear on the Services. We cannot guarantee that your computer monitor's display of any color will be accurate. Any information provided by us regarding the products or otherwise (e.g., product descriptions, images, or instructions) is for informational purposes only. 

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All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Services is void where prohibited.

 

We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products will be corrected.

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Product Availability

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All offered products on the Services are subject to availability. We reserve the right to change the items offered via the Services at any time and without notice. The Services may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly and without notice. If a product is not available for shipping promptly after you place your order, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner), or to cancel your order. Snakklub is not liable if products are not in stock or otherwise not available.

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Subscription

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Snakklub offers three subscription types: rebillable subscriptions of 14, 30, 45, or 60 days ("SnakBasic"); prepaid subscriptions of three, six, or twelve months ("SnakPlus"), (collectively, the "Recurring Subscription"); and prepaid gift subscriptions of three, six, or twelve months ("Gift Subscription").

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If you purchase a subscription, we or our third-party payment processor will charge your payment method on the date that you subscribe. By providing a payment method, you expressly authorize Snakklub and/or our third-party processor to charge the applicable fees to said payment method. You agree that we may invoice you for any unpaid fees, including without limitation any amounts owed by you that cannot be processed. You are responsible for providing complete and accurate billing and contact information to us and notifying use of any changes to such information.

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You agree to pay the applicable price and any other recurring charges upon each auto-renewal date, until you cancel your subscription in accordance with the Services.

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Recurring Subscription

For a Recurring Subscription, we will automatically renew your subscription. Each renewal period will be for the same length as your immediately preceding subscription term. By purchasing a Recurring Subscription, you expressly acknowledge and agree that (a) your subscription has an initial and recurring payment feature, Snakklub (or our third-party payment processor) is authorized to charge your payment method on a recurring basis at the then-current subscription rate for your subscription for as long as your subscription continues, and (b) your subscription is continuous and will be automatically extended for successive periods until you cancel it.

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You may cancel or modify your subscription renewal at any time by clicking here or emailing us at subscription@snakklub.com. The cancellation or modification of any subscription renewal must be made 5 business days prior to your next billing date (your subscription renewal date). If your subscription is modified or canceled less than 5 business days prior to your next billing date (your subscription renewal date), your subscription renewal will not be canceled and you will not receive a refund. Instead, your subscription will renew and you will continue to enjoy your subscription benefits until the expiration of the next renewal subscription period for which you have paid, then your subscription renewal will cancel.

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If you cancel a SnakPlus subscription before all of your paid orders have been delivered, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. You will receive the remaining prepaid orders and enjoy your subscription benefits until your then-current subscription expires.

 

If you cancel a SnakBasic subscription while your order is in progress, you will receive any in-progress orders and your subscription will not be renewed thereafter. 

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We reserve the right to modify our subscription pricing at any time (your then-current renewal subscription for which you have paid will not be impacted).

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Gift Subscription

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For a Gift Subscription, the subscription will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.

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We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Subscriptions are void where prohibited by law.

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Product Selection

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From time to time, your flavor selection may become temporarily unavailable based on seasonality or other factors. In the event a flavor you have selected as part of a subscription becomes unavailable, Snakklub may at its sole and exclusive option elect to send you a substitute flavor.

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Quantity Limits and Sale Restrictions

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We may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right, at our sole discretion, to refuse or cancel any order due to suspected fraud or unauthorized illegal activity, including limitations on quantities available for purchase or inaccuracies or errors in product or pricing information. If we suspect fraudulent, unauthorized, or illegal activity, we may reject any order or we may require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment method) has been charged, we will issue a credit to your credit card (or other applicable payment method) in the amount of the charge. 

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6. ACCURACY OF BILLING AND PAYMENT INFORMATION

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

7. OPTIONAL TOOLS

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We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

 

8. THIRD-PARTY LINKS

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Certain content, products and services available via the Site may include materials from third-parties. Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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9. TEXT MESSAGES

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By consenting to Snakklub's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Snakklub through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

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You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Snakklub. Your participation in this program is completely voluntary.

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We do not charge for the mobile message service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

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You may opt-out of the mobile message service at any time. Text the single keyword command STOP to +18885313413 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Snakklub mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

 

For Service support or assistance, text HELP to +18885313413 or email contact@snakklub.com.

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We may change any short code or telephone number we use to operate the mobile message service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

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The wireless carriers supported by the mobile message service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

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To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the mobile message service, any errors in such information, and/or any action you may or may not take in reliance on the information or mobile message service.

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We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

 

10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

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If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, feedback, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

11. PERSONAL INFORMATION

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Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see Privacy Policy.

 

12. ERRORS, INACCURACIES AND OMISSIONS

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Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

 

13. PROHIBITED USES

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In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its Content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

 

14. DISCLAIMER OF WARRANTIES

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We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

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15. LIMITATION OF LIABILITY

 

IN NO CASE SHALL SNAKKLUB, LLC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

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BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, SNAKKLUB'S MAXIMUM AGGREGATE LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THE SITE, SHALL NOT EXCEED $100 (ONE HUNDRED DOLLARS).

 

16. INDEMNIFICATION

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You agree to indemnify, defend, and hold Snakklub, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to your use or misuse of the Services, your violation of these Terms or the Privacy Policy, Comments posted to the Site by you, or your violation of any law or the rights of a third party.

 

17. SEVERABILITY

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In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining Term of Use (which will remain in full force and effect).

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18. TERMINATION

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The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

19. ENTIRE AGREEMENT

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The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

20. GOVERNING LAW

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These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

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21. CHANGES TO TERMS OF USE

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You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

 

22. CONTACT INFORMATION

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After reviewing this Terms of Use, if you have questions or comments, want more information, please contact us by either:

 

Clicking here;

E-mailing us at: contact@snakklub.com; or

Sending us U.S. mail to: Snakklub, LLC, 204 Piedmont Irvine, CA 92620