Terms of Service
ACCEPTANCE OF TERMS AND ELIGIBILITY
Thank you for visiting the website for Amplify Snack Brands. Please read these Terms of Service fully and carefully.
To the extent permitted by applicable law, these Terms of Service apply to your use of all websites of Amplify Snack Brands, Inc. and its corporate affiliates (collectively, “Amplify”, “we” or “us”), including without limitation, websites for the following brands: Paqui, SkinnyPop, Oatmega, Tyrrells, Lisa’s Chips, The Wholesome Food Company, Thomas Chipman, Aroma and Yarra Valley (collectively, the “Site”). In addition, if you interact with certain of our websites, services or products, additional terms and conditions may apply, and all such terms and conditions are hereby incorporated into these Terms of Service.
When using our Site you agree to abide by the Terms. We may modify these Terms from time to time, and your continued use of the Site after updates means you agree to the modified Terms.
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST AMPLIFY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Our Site is intended for persons 18 years of age or older. By accessing or using the Site, you represent and warrant that you are 18 years or older or are otherwise authorized and able to enter into a valid and legally binding agreement.
The Content on the Site is ours to use. We do not guarantee the quality, accuracy or availability of any Content you view using the Site.
The contents of the Site include designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code and other content (collectively “Content”). All Content and the compilation (meaning the collection, arrangement and assembly) of all Content are the property of us or our licensors and are protected under copyright, trademark and other laws.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third party service provider or the quality or nature of third party products or services obtained through the Site.
Subject to these Terms, we grant each user of the Site a worldwide, personal, non-commercial, non-exclusive, non-sublicensable and non-transferrable license to use Content solely for the purpose of using the Site. Any other use is expressly prohibited. This license is revocable at any time without notice or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications laws and regulations and is strictly prohibited without prior written permission from us. You shall not sell, license, rent or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
AVAILABILITY OF CONTENT
We may change, suspend or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature without notice or liability. We reserve the right, but do not have any obligation, to (i) remove, edit or modify any Content in our sole discretion, at any time and for any reason without notice to you (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms) and (ii) to remove or block any Content from the Site.
The Site includes certain content that is available via a mobile device, including the ability to browse the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Amplify SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.
THIRD PARTY LINKS
The Site may feature links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of third party websites and applications.
Information presented on the Site is intended to impart information about Amplify’s branded food products, including SkinnyPop Popcorn and Paqui Tortillas. We encourage you to visit the FAQ section of the brand sites to learn more about each brand that is part of the Amplify family of products. While we work to ensure that the product information on this Site is up to date, on occasion, manufacturers may alter their processing and manufacturing processes. Actual product packaging and materials may contain more and/or different information than that shown on our Site. We recommend that you do not solely rely on the information presented on this Site or on any product pages, and that you always read the individual product labels, including ingredient and allergen information, before consuming any packaged food product. For specific information about individual products, please visit our individual brand sites to obtain further product information and be sure to review the Frequently Asked Questions (“FAQs”) pages for each of our products.
FREE TRIALS AND OTHER PROMOTIONS
Unless otherwise stated, these Terms apply to all promotional offers available through the Site. Additional terms may apply to each individual promotion. By participating in any promotion, you are indicating that you accept and agree to be bound by the rules of the promotion. Review any applicable specific promotional terms before participating in any promotion.
To be eligible to participate in any promotion in any you must:
- be eighteen (18) years of age or older, or the legal age of majority in your home country, state or province;
- be legally entitled to use the Site in accordance with our Terms; and
- satisfy any other eligibility criteria set out in the relevant sections of the applicable specific promotional terms.
By receiving a free trial of any product, you agree to all terms and conditions of the trial. Unauthorized resale of free trial products is strictly prohibited and may result in legal action.
Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order. Coupon codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. We reserve the right to change or limit coupon codes in its sole discretion.
RULES OF CONDUCT
You agree to abide by the rules listed below. You also agree to abide by any laws protecting our copyright and trademark rights on the Site.
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
- Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site or the technology and equipment supporting the Site;
- Frame or link to the Site without permission;
- Use data mining, robots, or other automated or machine-enabled data gathering devices or tools on or through the Site;
- Use the Site in an illegal way to commit an illegal act or in retaliation to the Site or that otherwise results in fines, penalties, and other liability to us or others; or
- Access the Site from a jurisdiction where it is illegal or unauthorized.
We reserve the right to suspend, terminate or prevent your access to the Site for any reason at our discretion. We reserve the right to refuse to provide the Site to you in the future. We may review, access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. If you are blocked by us from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
The trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on the Site belong to us or are used with permission. Nothing contained in this Site should be construed as granting any license or right to use any Trademark displayed on this Site. Your use/misuse of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms, is strictly prohibited. You are also advised that we will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
Except as otherwise provided herein, none any information presented to you through our Site 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. In addition, except as expressly authorized by us or relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site in whole or in part.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
You use the Site at your own risk. We make no warranties or guarantees.
We are not liable for anything that happens to you that somehow may be connected to your use of the Site. If you use the Site in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for directors, officers, shareholders, employees, agents, representatives, affiliates, distributers, partners, and third party users.
Your use of and browsing on this Site are at your own risk. Neither we nor any other party involved in creating, producing or delivering this Site is liable for direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you "AS IS", “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMACE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, DISTRIBUTERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.
Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws.
You agree to defend, indemnify, and hold harmless us, our directors, officers, shareholders, employees, agents, representatives, affiliates, distributers, partners, and third party users from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site in violation of these Terms, or infringement by you, or any third party acting or appearing to act on your behalf, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Site.
GOVERNING LAW AND JURISDICTION
We are located in Texas, so all disputes must be resolved here. We will use arbitration to resolve any issues, and you agree that you may not join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Site.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, including its conflict of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Texas.
You agree to first contact us at email@example.com regarding any claim or controversy arising out of or relating to these Terms or your use of the Site. You agree to submit to personal and exclusive arbitration of any disputes relating to your use of the Site in accordance with the Arbitration Agreement set forth below.
You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your use of the Site or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BANNED.
DISPUTE RESOLUTION BY BINDING ARBITRATION:
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Amplify, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Site, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Amplify are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND AMPLIFY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND AMPLIFY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
c. Pre-Arbitration Dispute Resolution
Amplify is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Amplify should be sent to email@example.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Amplify and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Amplify may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Amplify or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Amplify is entitled.
d. Arbitration Procedures
If you reside in the United States, arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.
If you reside outside the United States, arbitration will be conducted by a neutral arbitrator in accordance with the International Chamber of Commerce’s (“ICC”) rules and procedures (collectively, the “ICC Rules”), as modified by this Arbitration Agreement. For information on the ICC, ICC Rules and fees, please visit its website, https://iccwbo.org/dispute-resolution-services.
If there is any inconsistency between any term of the AAA Rules or ICC Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Amplify and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA or ICC, as applicable. If your claim is for $10,000 or less, Amplify agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules or ICC Rules, as applicable. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules or ICC Rules, as applicable. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules or ICC Rules, as applicable, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Amplify will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Amplify will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Amplify will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules or ICC Rules, as applicable.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, Amplify agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Amplify written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
ENTIRE AGREEMENT AND SEVERABILITY
These Terms are the entire agreement between us and you with respect to your use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Site. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
We shall not be liable for any failure to perform our obligations under the Terms where such failure results from any cause partially or otherwise, beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure, degradation, hacking or any other third party illicit activity.
These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings and any summary boxes in these Terms are for reference and convenience only and shall not affect the interpretation of these Terms.
Effective Date of Terms of Service: August 1, 2017.