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Terms of Use

I’M DIFFERENT TERMS OF USE

WELCOME TO I’M DIFFERENT. WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (AGREEMENT). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

This web site, www.imdifferentsnacks.com, is provided by Triumphant Snacks, Inc. d/b/a I’m Different ("I’m Different"), conditional on your acceptance of the Terms of Use of use set forth below. By visiting or using this Site, including without limitation to access, use, and/or download messages, information, data, text, software or images, or other content from this Site, or to send messages, information, data, text, software or images, or other content to the Site, you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms of Use for each Use of and each visit to this Site. If you do not agree to abide by these Terms of Use, you should not Use this Site.

Intellectual Property

The brand names, slogans, characters and other trademarks, as well as the package designs of all Triumphant Snacks Inc. d/b/a I’m Different® products and promotions belong exclusively to I’m Different and /or its affiliated companies, and are protected from copying and simulation under national and international trademark and copyright laws and treaties throughout the world. All rights reserved.

The Contents of the I’m Different web site is protected from copying or distribution under national and international copyright laws and treaties throughout the world.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our site or a third-party site. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

You further understand and agree that you have no ownership rights to any account you may have with us or other access to our website or features therein. I’m Different may cancel your account and delete all User Content associated with your account at any time, and without notice, if I’m Different deems that you have violated these Terms, the law, or for any other reason. I’m Different assumes no liability for any information removed from our site, and reserves the right to permanently restrict access to our website or a user account.

Online Payments

We accept credit and debit cards issued by U.S. Banks and PayPal.  If you wish to purchase any product or service made available through our site, you may be asked to supply certain personal information relevant to your transaction, including without limitation your debit or credit card number, the expiration date of your debit or credit card, your billing address, and your shipping information.  In doing so you represent that you have the legal right to use any debit or credit card provided in connection with any transaction. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf.  We use Shoppify to host and process all transactions initiated through this Site.  Foreign transactions must be processed via PayPal. Verification of information may be required prior to the acknowledgment or completion of any transaction. 

If you enroll for a subscription through our site you are authorizing recurring payments that will be processed automatically and billed to the credit or debit card you designate during the enrollment process.  If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid unless: 1. you notify within ten (10) days from date of the applicable transaction that you wish to dispute any charge relating thereto; and 2. that you have made reasonable, good faith efforts to resolve such dispute with us directly, and such efforts have failed. You can e-mail details regarding your dispute to hello@imdifferentsnacks.com.

Third Party Sellers

Products offered via third party merchant, like Amazon, are offered subject to availability.  If we need to make a change to, or cancel an order, we will attempt to notify you by contacting you through the contact information you listed with the relevant third party merchant. 

If you have any questions or concerns when placing an order or if you wish to inquire about an order previously placed through a third party merchant, please send an inquiry via the third party’s website.

Any purchases made through a third party merchant will be processed by that merchant according their internal policies and subject to that merchant’s Privacy Policy and Terms of Use.  We recommend you review all third party merchant Terms prior to initiating any transaction.

In the event of a conflict, between our Terms or Privacy Policies and those of a third party merchant’s, the third party’s Terms and Policies shall supersede and govern.

Orders

We reserve the right to change, limit, refuse or cancel any order you place thorough our site or a third party merchant’s site for any reason, subject to the applicable Terms of Use and Privacy Policy.  Some situations that may result in your order being canceled include: limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. Prior to your order being accepted and processed, we may also require additional verifications or information.

I’m Different reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.

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 account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. 

I’m Different also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from I’m Different for the purpose of engaging in a commercial sale of that same product(s) with a third party. Parties interested in becoming dealers or resellers are encouraged to review our page regarding wholesale accounts.

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

Return/Refund Policy

We work extremely hard to ensure that our products are made from the best ingredients and manufactured to the highest quality to ensure you will enjoy them to the last bite.  In the unlikely event that you are not completely satisfied with your purchase, for any reason, we want you to let us know. 

If you need to return an item we ask that you return the product to us as soon as possible, send us a note on the back of your original shipping slip and let us know why the item is being returned.  Send the item and the detail on the reason for return to the return address listed on the shipping label.   Once we receive your returned item we will promptly replace the item if available or send you a refund of the purchase price.  If you have any questions regarding our return process, please contact us at: hello@imdifferentsnacks.com

User Content and Postings

From time to time on certain areas of our site you may be able to submit written posts and certain other materials (“User Content”). You are solely responsible for the content and context of any materials of information you submit through this site. I’m Different is under no obligation to monitor any posting or transmission of User Content to or about our website and assumes no responsibility or liability arising from the content of any such posting or transmission. By using our sites features, you agree that you will not engage in any of the following activities on our website:

  • Uploading, posting or otherwise transmitting any unlawful, harassing, threatening, libelous, defamatory, harmful, tortious, obscene, scandalous, inflammatory, racist, violent, profane or otherwise objectionable or inappropriate material (as determined by I’m Different) or any material that could constitute or encourage conduct that would be likely to incite or would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
  • Uploading, posting, reproducing or distributing any information, software, or other materials protected by copyright, trademark or any other intellectual property right, or in breach of the rights of publicity and privacy of another individual, without first obtaining the permission of the owner of such rights;
  • Collecting or storing personal data about other users;
  • Posting any User Content that contains personal information about any individual, or any other information that you are under a contractual obligation to keep private or confidential;
  • Impersonating any person or organization, including without limitation, the personnel of I’m Different, or misrepresent an affiliation with another person or organization;
  • Using our website for any commercial purpose not expressly approved by I’m Different in writing;
  • Uploading, posting, emailing, or otherwise transmitting any advertising or promotional materials or any other form of solicitation or unauthorized communication;
  • Uploading, posting, emailing, or otherwise transmitting any material that contains viruses, corrupted files, or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment, or otherwise adversely affect the operation of our website or a feature of our website.

I’m Different does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content.

I’m Different will fully cooperate with any law enforcement authorities or court order requesting or directing I’m Different to disclose the identity of anyone posting any such information or materials.

By submitting any content to this site, you understand and agree that you are giving us a royalty-free, irrevocable, non-exclusive license to use, reproduce, publish, distribute, perform, display and creative derivative works from any such user submissions, in whole or in part, in any form (including for promotional or marketing purposes). You agree not to disparage, defame or otherwise seek to damage anyone or invade anyone’s rights through any submitted content.

You agree to indemnify and hold I’m Different, its parents, subsidiaries, officers, employees, agents, and contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to I’m Different or this Site.

Social Media

We hope you enjoy the information and materials on our Site. We’re glad when you link to them or post them on your social media accounts, but only for your personal use. You’re not permitted to post or upload any of our Site content for your commercial, business, or non-personal use. If you use or post our Site information and materials for any non-personal purposes, you’ll be violating our intellectual property rights.

Promotions and Special Offers

This Site may from, time to time, contain special offers, contests or other promotions that require you to send material or information about yourself. Please note that special offers, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that will be stated in conjunction with the special offer, contest or promotion, and that, in addition to describing such special offers, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to, and are eligible to, participate, register and/or enter. By entering any such contest, special offer or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

 

 

Modification of Terms of Use

I’m Different has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms of Use, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check the Terms of Use frequently for updates by checking the effective date at the bottom of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes.

These Terms of Use apply exclusively to your use of this Site and do not alter the terms or conditions of any other agreement you may have with I’m Different.

No Warranty

The website, including all materials, content and services are provided on an “As Is” basis without any form of warranty whatsoever from I’m Different of any kind, either express or implied including any warranty as to the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Neither I’m Different nor any of its affiliates, directors, officers or employees shall be liable for any special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of these materials. I’m Different may make changes to these materials, or to the products described therein, at any time without notice. I’m Different makes no commitment to update the information.

Limitation of Liability

To the greatest extent permissible under applicable law, in no circumstances whatsoever shall I’m Different, its affiliates, directors, officers, employees, agents, contents or service providers be liable for any indirect, incidental, multiple, special, consequential, exemplary or punitive damages arising or resulting from or directly or indirectly related to the use of, or the inability to use, the Website or the Materials, even if I’m Different has been advised of the possibility of such damages. I’m Different may make changes to these materials, or to the products described therein, at any time without notice. I’m Different makes no commitment to update the information. If any provision of these Terms of Use are deemed by any court, tribunal, or otherwise, of competent jurisdiction to be unlawful, void or unenforceable, that provision will be deemed severable and will not impact or affect the validity and enforceability of the remaining provisions.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by I’m Different.

I’m Different has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that I’m Different shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the Terms of Use and Privacy Policies of any third-party web sites or services that you visit.

Submission Policy

All comments, suggestions, ideas, notes, drawings, concepts, recipes or other information disclosed or offered to I’m Different on this site or in response to solicitation on this site (“Submission”) shall be deemed and shall remain the property of I’m Different. By providing your Submission, you confirm that your Submission is your original work and has not been endorsed by I’m Different. You understand and acknowledge that I’m Different has both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to the Submission and that I’m Different is only willing to consider the Submission on these terms. That, in any event, any Submission is not submitted in confidence and I’m Different assumes no obligation, express or implied, by considering it. Without limitation, I’m Different shall exclusively own all now known or hereafter existing rights to the Submission of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Submission.

Miscellaneous

These Terms of Use shall be governed and interpreted pursuant to the laws of the State of California, USA, notwithstanding any principles of conflicts of law. The headings in these Terms of Use are inserted for convenience only and do not affect the construction of these Terms of Use. Any claim or cause of action in respect to I’m Different or the Website must be commenced by you within one (1) year after the claim or cause of action so arose. The failure of I’m Different to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver by I’m Different of such right or provision.

These Terms of Use constitute the entire agreement between you and I’m Different and govern your use of the Website. These Terms of Use supersede any prior agreement or arrangement between you and I’m Different in respect of your use of the Website.

The effective date of these Terms and Use is 9/15/2017.