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Nuts.com Website Terms and Conditions

Thank you for visiting the Nuts.com website located at www.nuts.com (the “Site”). The Site is an Internet property of the Nuts.com, Inc. (collectively, “Nuts.com” “we,” “our” or “us). The following Nuts.com Website Terms and Conditions (“Terms and Conditions”) are inclusive of the Nuts.com Privacy Policy (“Privacy Policy”), the Nuts.com Return Policy (“Return Policy”), the Frequently Asked Questions (“FAQ”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).

Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or downloads any of the: (i) text, audio, video, photographs, graphics, artwork, testimonials and/or other content featured on the Site (collectively, “Informational Content”); and/or (ii) links to third party websites, products and/or services (“Third-Party Links,,” and together with the Informational Content, the “Content”); (c) accesses links to Nuts.com’s social media pages/accounts (collectively, “Social Media Pages”) on third-party social media websites, such as Facebook®, Instagram®, LinkedIn®, Pinterest®, Twitter® and YouTube® (“Social Media Websites”); (d) purchases Nuts.com products featured on the Site (collectively, “Nuts.com Products”); (e) registers to receive the Nuts.com e-mail newsletter (“Newsletter”); and/or (f) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Nuts.com (collectively, the “Contact Services,” and together with the Site, Content, Social Media Pages, Nuts.com Products and Newsletter, the “Site Offerings”).

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST NUTS.COM, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY MERCHANDISE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

Instagram® and Facebook® are registered trademarks of Facebook, Inc. LinkedIn® is a registered trademark of LinkedIn Corporation. Pinterest® is a registered trademark of Pinterest, Inc. Twitter® is a registered trademark of Twitter, Inc. YouTube® is a registered trademark of Google, Inc. Please be advised that Nuts.com is not in any way affiliated with Facebook, nor are the Site Offerings endorsed, administered or sponsored by any of the aforementioned entities.

Disclaimers

You acknowledge and understand that the Nuts.com Products may include ingredients that you are allergic to. You should always check the ingredients in any Nuts.com Product to avoid potential allergic reactions. If you have or suspect that you are experiencing an allergic reaction or other adverse health event, please immediately contact your health care provider or emergency medical services.

Without limiting the foregoing, those who are taking medication, are under treatment for any disease, or are pregnant or lactating, please consult with your health care professional before handling or ingesting any Nuts.com Products.

  1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and Nuts.com with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).

  2. Requirements; Termination of Access to the Site Offerings; Necessary Equipment. The Site Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence), or individuals who cannot enter into legally binding contracts under applicable law. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Site Offerings.

    To the extent permitted by applicable law, Nuts.com may terminate your right to access the Site Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Site Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by and/or through use of the Site Offerings.

    You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. Nuts.com does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Nuts.com does not guarantee that the Site Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and Nuts.com has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

  3. Registration Forms. In order to purchase Nuts.com Products and/or utilize certain Site Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a “Form”). The information that you must supply on a Form may include, without limitation: (a) your name; (b) your mailing/billing address (where purchasing Nuts.com Products); (c) your e-mail address; (d) your telephone number; (e) your credit card or debit card information (where purchasing Nuts.com Products); and/or (f) any other information requested by us on the Form (collectively, “Registration Data”).

    Nuts.com’s use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here

  4. Purchasing Nuts.com Products. Users can purchase Nuts.com Products by and through the Site by completing the applicable Form and providing the requisite Registration Data. Where you purchase Nuts.com Products, the credit card or debit card account (collectively, “Payment Method”) that you provide on the Form or updated at a later date will be charged the amount listed on the Site for the subject Nuts.com Product(s), plus shipping and handling and applicable sales tax. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE.

    The fees associated with your purchases will appear on your Payment Method statement through the identifier “NUTS.COM, INC.” All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to consume or otherwise use the Nuts.com Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Nuts.com in effect at any given time. Upon reasonable prior notice to you (with Site-updates and/or e-mail sufficing), Nuts.com reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Nuts.com Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.

    Nuts.com’s authorization to provide and bill for the Nuts.com Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Nuts.com’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.

  5. Nuts.com Products. The Nuts.com Products remain, at all times, subject to the disclaimers contained herein and on the Site. In the event that Nuts.com Products are listed at incorrect price points due to a typographical error or an error in pricing information received from our suppliers, Nuts.com shall have the right to refuse or cancel any orders placed for the Nuts.com Products so listed at the incorrect price. Nuts.com shall have the right to refuse or cancel any order whether or not the order has been confirmed and whether or not the applicable customer paid for the subject Nuts.com Products. If a customer has already paid for Nuts.com Products and that order is cancelled, Nuts.com shall immediately issue a credit to that customer’s Payment Method in the amount of the subject charge.

    The Site contains Nuts.com Products inventory information.  This information can be used to estimate the likelihood that the applicable Nuts.com Products will be shipped immediately after you place your order.  Unfortunately, we cannot guarantee that Nuts.com Products listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day, and hour-to-hour.  In rare cases, Nuts.com Products may be in stock when you place your order and sold out by the time that your order is processed.  Should this happen, we will notify you via email.  If for any reason we determine that backordered Nuts.com Products are no longer available, we will cancel your order, notify you immediately via email and provide you with a refund.

  6. Return Policy.  We have suspended our Return Policy indefinitely. However, if for any reason, you are dissatisfied with the Nuts.com Product(s) purchase you made from the Site, please contact us at care@nuts.com and we will attempt to address your concern. 

  7. Content. The Site contains Content which includes, but is not limited to, product reviews, text, audio, video, photographs, graphics, artwork, testimonials and other information about Nuts.com and/or the Nuts.com Products. The Content is compiled, distributed and displayed by Nuts.com, as well as third-party content providers (collectively, “Third-Party Providers”). Nuts.com does not control the Content provided by Third-Party Providers that is made available by and through the Site Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk. Nuts.com does not represent or warrant that the Content and other information posted by and through the Site Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Nuts.com will not be responsible for, and Nuts.com undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that Nuts.com shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.

  8. Social Media Pages. The Site contains links to the various Nuts.com Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Nuts.com shall not be liable to you, any other User or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

  9. Representations and Warranties. Each User hereby represents and warrants to Nuts.com as follows: (a) the Agreement constitutes the legal, valid and binding obligation of User, which is fully enforceable against such User in accordance with its terms; (b) User understands and agrees that User has independently evaluated the desirability of utilizing the Site Offerings and that User has not relied on any representation and/or warranty other than those set forth in the Agreement; and (d) the execution, delivery and performance of the Agreement by User will not conflict with or violate: (i) any applicable law; (ii) any order, judgment or decree applicable to User; and/or (iii) any agreement or other instrument applicable to User.

  10. Indemnification. Each User agrees to indemnify, defend and hold Nuts.com, its officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User and any third parties; (b) that User’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that User’s unauthorized and/or improper use of the Site Offerings. The provisions of this Section 10 are for the benefit of Nuts.com, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against Users on its own behalf.

  11. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Nuts.com may terminate this license at any time for any reason. Unless otherwise expressly authorized by Nuts.com, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Nuts.com. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third party may use the Site Offerings in conjunction with any other third-party content. No User or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Nuts.com. Each User further agrees to indemnify and hold Nuts.com harmless for that User’s failure to comply with this Section 11. Nuts.com reserves any rights not explicitly granted in the Agreement.

  12. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third party of any part of the Site Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “Nuts.com” name and logo, and all associated graphics, icons and service names, are trademarks of Nuts.com, Inc. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.

  13. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Nuts.com will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

  14. Disclaimer of Warranties. THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, NUTS.COM MAKES NO WARRANTY THAT THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC DIETARY OR OTHER HEALTH-RELATED OUTCOME; OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NUTS.COM WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM NUTS.COM OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

  15. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT NUTS.COM SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NUTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND ANY PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND THE OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM AND/OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA; (E) THE FAILURE TO REALIZE ANY SPECIFIC DIETARY OR OTHER HEALTH-RELATED OUTCOME; AND (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES NUTS.COM FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF NUTS.COM TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR NUTS.COM MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND NUTS.COM. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF NUTS.COM SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  16. Third Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites and/or Third-Party Links. Nuts.com does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Nuts.com of the applicable website or any association with the website’s operators. Because Nuts.com has no control over such websites and/or resources, each User agrees that Nuts.com is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third parties. Each User further agrees that Nuts.com shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.

  17. Editing, Deleting and Modification. Nuts.com reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.

  18. Use of Registration Data. All material submitted by Users through or in association with the Site Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

  19. Dispute Resolution Provisions The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties (including the Covered Parties) including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. [PLEASE INSERT THIS LINKED DOCUMENT. IF YOU PREFER, WE CAN DRAFT A SIMPLE FORM FOR YOU WHICH SHOULD NOT TAKE MORE THAN 15 MINUTES] We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

    To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Covered Parties and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

  20. California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

  21. California Proposition 65 Warnings. Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires warnings be provided to California consumers when they might be exposed to chemicals identified by California lawmakers as causing cancer or reproductive toxicity. The warnings are intended to help California State consumers make informed decisions about their exposures to these chemicals from the products they use. The California Office of Environmental Health Hazard Assessment (“OEHHA”) administers the Proposition 65 program and publishes the listed chemicals, which includes more than 850 chemicals. In August 2016, OEHHA adopted new regulations, effective on August 30, 2018, which change the information required in Proposition 65 warnings. We are providing the following warning for products linked to this page:

    WARNING: The Nuts.com Products contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. Without limiting the foregoing:

    The nuts included in the Nuts.com Products may contain acrylamide. This chemical is formed in certain plant-based foods, including nuts, during cooking or processing at high temperatures, such as frying, roasting, grilling, and baking. Acrylamide a chemical known to the State of California to cause cancer. You can be exposed to acrylamide when you consume certain Nuts.com Products. For more information go to: www.P65Warnings.ca.gov/BPA.

    Canned and Bottled Foods and Beverages
    California requires the following notice:

    WARNING: Nuts.com Product containers may have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information go to: www.P65Warnings.ca.gov/BPA.

    Additional Information about Proposition 65 For background on the new Proposition 65 warnings, see https://www.p65warnings.ca.gov/new-proposition-65-warnings.

    Proposition 65 and its regulations are posted at https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations.

  22. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Nuts.com’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Nuts.com may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

  23. Contact Us. If you have any questions about the Agreement, Site Offerings or the practices of Nuts.com, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the “Contact Us” page of the Site, or you can e-mail us at: care@nuts.com; call us at: (800) 558-6887; or send us U.S. mail to: Nuts.com, 125 Moen St., Cranford, NJ 07016.