Effective Date: March 27, 2024

Welcome to Crunchies FD and our family of brands! Our mission is to bring delicious, fresh, and affordable food to people everywhere at a scale that creates positive and lasting impact.

As used in these Terms of Service, the terms “Crunchies FD,” “we” and “us” refer to the Crunchies FD family of companies, and other affiliated entities under common ownership and control. We operate the website thecrch.com where users can purchase produce, packaged goods, other food and beverage items, merchandise, any other items we offer for sale, and all related services and promotions (collectively, “Products”). Products are made available through periodic grocery boxes containing Products. We use the word “Website” in these Terms of Service to refer to any and all websites, blogs, and mobile applications owned or operated by Crunchies FD (including the websites currently located at thecrch.com through which access to our Products are available. References to the “Website” include any and all related features, functionality, tools, and content. Our provision of the Website and sale and delivery of Products are collectively referred to herein as the “Services.”

Please read these Terms of Service, our Privacy Policy, and all other policies, terms, rules, and notices on our Website (collectively, the “Terms”) carefully, because they contain terms and conditions that impact your rights, obligations, and remedies in connection with your use of the Website and Products. As a condition to your access to or use of the Website and purchase of any Products, you consent to be bound by the Terms, so please do not use the Website or purchase Products if you do not agree with all of the Terms. Your use of the Website and purchase of any Products, and our provision thereof to you, constitutes an agreement between you and Crunchies FD to be bound by each of the terms, guidelines, and rules incorporated into the Terms. Because the Terms are legally binding, we want to make sure you understand them, so if you have any questions, contact us.

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND Crunchies FD RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW SECTION 20 (“DISPUTE RESOLUTION AND ARBITRATION”) FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH CRUNCHIES FD.

It's really important that you read and understand these Terms, so to encourage you to read to the end, we've hidden one of our favorite recipes. :)

1. An Important Note About Food Safety and Allergens

You are solely responsible for, and assume all risks related to, the proper and safe washing, handling, preparation, storage, refrigeration, cooking, use, and consumption of the Products. You are solely responsible for inspecting all Products for any damage or other issues upon delivery. If you believe that any Products are not suitable for consumption, do not consume the items, and contact us.

United States Department of Agriculture's (“USDA”) instructions on refrigeration and food safety, which can be found here, and the USDA's instructions on safe food handling, which can be found here. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness.

We cannot currently accommodate any modification due to allergies, and thus do not guarantee that your order will be free from any allergens. You are solely responsible for knowing about and monitoring any food allergies you may have, and handling, preparing, using, and consuming any Products accordingly. We cannot guarantee that cross-contamination will not occur between Products.

We attempt to display accurate images of the Products on the Website; however, we do not guarantee the accuracy of such materials and information. The appearance, color, size, condition, and other characteristics of each Product will vary from product to product. Images on the Website are examples only.

2. Amendment of The Terms

We regularly review the Terms to make sure they accurately reflect our business operations. As such, Crunchies FD reserves the right to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by email or another means. By continuing to use the Website after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms.

3. Modifications and Updates to the Websites and Product Offerings

Crunchies FD reserves the right, in its sole discretion, to modify or discontinue offering the Website and/or Products, in whole or in part, or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of Website content at our sole discretion at any time without prior notice to you.

You agree that Crunchies FD has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.

4. Your Account

a. Account Registration. While the Website is publicly available, you must register for a user account before you are able to access certain areas of the Website or order Products. You may register for an account directly via the Website.

You may not register for an account on behalf of any person (other than yourself). No person or entity may have more than one account unless expressly permitted by Crunchies FD.

b. Account Set-up. Your account and account profile page will be created based upon the information you provide to us. In order for us to provide you with the best service possible, you agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date.

When you create your account, you will be asked to create a password, which you will be solely responsible for safeguarding. We encourage you to use a strong password (passwords that use a combination of upper and lowercase letters, numbers, and symbols).

You should not disclose your username or password to any third party, and you agree to immediately notify Crunchies FD of any unauthorized use of your account. You will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions.

c. Account Suspension and Deactivation. We may, in our discretion, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Website at any time for any reason. We may do this if you create more than one account, or if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive or fraudulent.

We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. Any discount, credits, referral, or coupon codes associated with such accounts will be deactivated. We also reserve the right to cancel accounts of users who fail to comply with the Terms, including the terms and conditions regarding user conduct, as set forth in the “User Conduct Guidelines” section below and elsewhere in the Terms.

If your account is deactivated or suspended, Crunchies FD will have the right, but not the obligation to delete your information.

If Crunchies FD has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Crunchies FD's reasonable satisfaction.

5. Prices, Payments, and Promotions

a. Prices. You acknowledge that the amount billed may vary due to Promotions, Credits, the particular number and assortment of Products you add to or retain within your cart in each Order, and changes in applicable taxes, shipping charges, or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your account.

b. Payment and Credit Cards. You are responsible for providing Crunchies FD with valid credit card or payment account details and for the timely payment of all fees.

Please note that the payment information, including name and contact information, that you submit when you register may be used and shared with our payment processing services provider and otherwise used in accordance with our Privacy Policy.

If you wish to designate a different credit card or payment account, or if there is a change in your credit card or payment account status, you must change your information in your account. Doing so may temporarily disrupt your access to your account while Crunchies FD verifies your new payment information. Any change in the chosen payment method will go into effect for the next billing date.

You acknowledge and agree that following the close of your shopping window we may place a pre-authorization hold on your payment method for the estimated total of your Order. You will be charged in full for the actual total of your Order when we pack your Order, at which point we will authorize the release of any excess amounts held. Please be aware that your payment method’s rules will apply to your credit card or payment account being credited for any hold amounts released and may not be immediately released by your card issuer.

c. Default. If Crunchies FD is unable to successfully charge your credit card or payment account for fees due, we reserve the right to restrict, suspend access to, or terminate your account and cancel your Order.

d. Promotions. From time to time, Crunchies FD may offer discounts, coupons, and other promotions to new or existing customers (collectively “Promotions”). Promotions are subject to eligibility criteria and additional terms and conditions (“Promotional Terms”), which will be provided to you at the time you redeem the Promotion or in other communications made available to you. We encourage you to read all Promotional Terms carefully. In order to utilize a Promotion, you will be required to create an account with Crunchies FD and may be required to take other actions as described in the Promotional Terms, such as entering a promotional code on the “Promos & Credits” section of your Account Home page, and your use of any Promotion will be deemed to confirm your agreement to these Terms of Service and any Promotional Terms applicable to the Promotion. Certain Promotional Terms may include a “claim by” date, which identifies the date by which the Promotion must be claimed and applied to your account through the method described in the Promotional Terms, and a “use by” date, which identifies the final date on which your shopping window can close to remain eligible to use the Promotion. Following the expiration or exhaustion of your Promotion, you agree and acknowledge that you will be billed at the standard prices for your future Orders pursuant to these Terms of Service.

Crunchies FD may determine your eligibility for any Promotion in our sole discretion, and we may use information such as your device ID, method of payment, purchase history, or contact information to determine your eligibility for a Promotion. We reserve the right to revoke any offer, and suspend your access to the Services, if we determine you are not or were not eligible for a Promotion. We also reserve the right, in our sole discretion, to modify or terminate any Promotion, at any time and without notice or liability to you. Without limiting the foregoing, Crunchies FD reserves the right to withdraw or deactivate any Promotions in the event the applicable promotional code is posted to a third-party website.

Unless otherwise expressly stated in the Promotional Terms, all Promotions are non-transferrable and may be used only by the intended recipient, may only be utilized once, are not redeemable for cash or other property, may not be combined with any other offers or promotions, and are void where prohibited by law.

6. Product availability; Refunds and Credits

a. Product Availability. A reference to a Product on the Website does not imply or guarantee that it is or will be available at the time of your shopping window or during fulfillment of your Order.

We attempt to display images of the Products on the Website as accurately as possible. However, we do not guarantee the accuracy of such materials and information. The appearance, color, size, condition and other characteristics of each Product will vary from product to product. Images available on the Website are examples only.

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products without prior notice. Unless Crunchies FD agrees or states otherwise in writing, all fees and charges are nonrefundable.

b. Refunds and Credits. If you discover a quality issue regarding your Order, you must reach out to Crunchies FD within seven (3) days of your receipt of your Order. Please click here for more information on how to notify us of an unsatisfactory Product.

Depending on the circumstances, we may in our sole and absolute discretion replace any Product at our expense, provide you a full or partial refund of the purchase price for the Product, or provide you a credit of promotional value intended to be applied to your next eligible purchase from Crunchies FD (a “Credit”). We may require the return or photographic documentation of any Product that you are dissatisfied with before we provide you with a refund, replacement, or Credit, as applicable, at our election.

7. Shipping and Delivery

You agree to pay any shipping and handling charges shown in your cart at the time you place an Order in the manner described. Shipping fees are subject to change from time to time, and you will be notified of the shipping charges applicable to your Order based on the charges specified in your cart during your shopping window, including any promotions or discounts that may be applicable to your shipping fees. It is your responsibility to review the shipping fees applicable to each of your Orders. All Products should be shipped to you personally and are not for resale or export.

Certain customers may be eligible for free shipping if their Order exceeds a certain threshold (excluding any applicable taxes, shipping charges, and other charges or Promotions), which we call your “free shipping threshold.” If this applies to you, your free shipping threshold will be identified in the “Plan Summary” section of your “My Plan” page, and your standard shipping fee will not apply to any Orders with a subtotal meeting this free shipping threshold.

You may have the opportunity to select a preferred delivery day, but note that the day is an estimate only, and that your actual delivery date may vary. Any person at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door, unless other delivery instructions have been communicated to you. You should plan for immediate and proper storage of your products upon delivery.

If you experience a delivery issue relating to your Order, you must reach out to Crunchies FD within seven (3) days of your scheduled delivery date for your Order. Please notify us of a delivery issue.

8. Communicating With Us

a. Security. We take your privacy very seriously, but the transmission of data over the Internet and mobile networks isn't 100% secure. Emails, text messages, and other messages you send to or receive from Crunchies FD are not encrypted, which means that they're vulnerable to interception by third parties. If you choose to send or receive financial information or any other sensitive information by email, text message, or other electronic means (such as a web form) or through our social media channels, you do so at your own risk. By emailing or texting us, messaging us on social media, completing a web form, or requesting that we email you, you consent to receiving unencrypted email, text messages, and other unencrypted messages from us.

b. Text Messages. By providing your phone number when creating an account, placing an Order, or otherwise while using the Services, you consent to receiving text messages (i.e. SMS or MMS messages) relating to your account and your Orders from Crunchies FD and from our third-party delivery partners (or their respective messaging service providers), some of which may be sent through an automatic telephone dialing system, to the phone number you provided or any other number that you designate. You acknowledge and agree that your voluntary provision to Crunchies FD of your phone number represents your consent that Crunchies FD and its third-party delivery partners (or their respective messaging service providers) may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes.

Additionally, you may elect to provide your phone number in order to receive promotional and marketing text messages (i.e. SMS or MMS messages) from Crunchies FD (or our messaging service provider), including recurring and/or personalized messages, some of which may be sent through an automatic telephone dialing system, to the phone number you provided or any other number that you designate. You acknowledge and agree that your voluntary provision to Crunchies FD of your phone number when collected for purposes of promotional and marketing text messages, whether that election is made via an opt-in check box, submitting your phone number to a designated form for promotional and marketing text messages, requesting enrollment via text message, or another method, represents your consent that Crunchies FD (or its messaging service provider) may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for marketing and promotional purposes.

You can make purchases without agreeing to receive text messages from us. Standard text messaging and data rates charged by your mobile carrier may apply to such text messages, and any and all such charges, fees, taxes, and costs are your sole responsibility. Message frequency will vary, and Crunchies FD reserves the right to alter the frequency of messages sent at any time so as to increase or decrease the total number of sent messages. Crunchies FD also reserves the right to change the short code or phone number from which messages are sent, and we will notify you when we do so.

Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Crunchies FD, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You may opt out of receiving text messages at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT, and you can contact us here if you need additional help. After texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to us, please note that you may continue to receive text messages for a short period while Crunchies FD processes your requests. You will receive one additional message confirming that your request has been processed. Please be aware that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands and agree that Crunchies FD (and its messaging service provider) will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you further acknowledge that you may continue to receive text messages from Crunchies FD through our other text message programs you may have joined until you separately unsubscribe from those programs. For example, if you unsubscribe from receiving promotional and marketing text messages, you may still receive text messages about your account or Orders for transactional, operational, or informational purposes unless you unsubscribe from those text messages as described above, and even in such event you may still receive individual texts from our third-party delivery partners to enable successful delivery of your Order.

Text the keyword HELP to our phone number to return customer care contact information.

You represent and warrant that you are the owner of the phone number that you provide when you create an account or otherwise provide your phone number, and if you change your phone number you have an affirmative obligation to immediately update your account information and the phone number associated with your account to prevent us from inadvertently communicating with anyone who acquires any phone number previously attributed to you. Any new or updated phone number you provide Crunchies FD may be enrolled to receive messages through our text message program(s) unless you also unsubscribe through the procedures provided in this section.

c. Notices. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically, including by email, text message, and by communications posted on the Services or within your account, will satisfy any legal requirement that such communication be in writing.

9. Information About the Website

a. License to Use. Subject to your compliance with the Terms, Crunchies FD grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website, for your own personal use only, and not for use for any business purpose or commercial activity. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by Crunchies FD, in the manner permitted by the Terms.

b. Service Limitations. The Website is currently configured for use in the United States only and is not intended for use outside of the United States. If you choose to access the Website from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.

10. User Conduct Guidelines

Any time you access or use the Website, you are required to comply with our user conduct guidelines, as set forth below.

You agree that you will access and use the Website and Products for your personal use only. We only permit individuals who are at least 18 years old and can form legally binding contracts to use the Services.

You are not authorized to access or use the Website to:

• interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.

• take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers' infrastructure.

• resell or make any commercial use of the Services or any of the Service content.

• modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser.

• copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including any Marks (as defined below), in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise.

• use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services.

• harvest or scrape any content from the Services, or using other automated or manual means to take our content without our prior consent.

• bypass, circumvent, or attempt to bypass or circumvent any feature of the Services or any measures we may use to prevent or restrict access to the Services, including other accounts, computer systems or networks connected to the Services.

• probe, scan, or test the vulnerability of any system or network of Misfits or its providers, or breach or circumvent any security or authentication measures of such system or network

• run any form of auto-responder or “spam” on the Services.

• otherwise abuse the Website or breach the Terms; or

• attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.

11. Intellectual Property

a. The Website. The Website and all features, functionality, tools and content thereof, is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Website, and all intellectual property rights therein are the exclusive property of Crunchies FD and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website or Products.

Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Crunchies FD (the “Marks”) are the property of Crunchies FD, and that you are not permitted to use the Marks without our prior written consent.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Website in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of Crunchies FD or the intellectual property owner, as applicable.

This foregoing license is subject to modification or revocation at any time at Crunchies FD's sole discretion.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Crunchies FD or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.

b. Your Feedback. We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback”). You may submit Feedback. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Crunchies FD. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Crunchies FD or its affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to Crunchies FD all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect Crunchies FD's rights in such improvements, enhancements and modifications.

12. Copyright Policy

Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone's intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person's access rights. If you believe someone has posted on the Website a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following information to our Designated Agent (whose contact information is below):

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed

• identification of works or materials being infringed

• identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence

• your contact information, including address, telephone number and, if available, e-mail address

• a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law

• a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner

Please contact the Designated Agent to receive notice of claimed infringement, or by writing to Crunchies FD, Inc., 3903 Ringgold Rd, Suite 109. East Ridge, TN 3741

 Attention: CRCH.

13. Third-Party Terms

The Website may also provide links to third-party websites, resources or services. You acknowledge and agree that is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by Crunchies FD of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.

We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.

14. Warranties, Disclaimers, Limitation of Liability, and Indemnification

a. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, CRUNCHIES FD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.

WE ATTEMPT TO DISPLAY IMAGES OF THE PRODUCTS ON THE WEBSITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. THE APPEARANCE, COLOR, SIZE, CONDITION AND OTHER CHARACTERISTICS OF EACH PRODUCT WILL VARY FROM PRODUCT TO PRODUCT. IMAGES AVAILABLE ON THE WEBSITE ARE EXAMPLES ONLY.

A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

b. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES IS AND REMAINS WITH YOU AND YOU HEREBY RELEASE Crunchies FD AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.

WITHOUT LIMITING THE FOREGOING, Crunchies FD DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT WILL Crunchies FD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Crunchies FD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, Crunchies FD'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE Crunchies FD FROM AND AGAINST, AND COVENANT NOT TO SUE Crunchies FD FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THE TERMS.

c. Indemnification

To the fullest extent permitted by applicable law, you agree to release, defend, indemnify, and hold Crunchies FD, its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Services, including any and all features, functionality, tools, content and promotions available on and through the Website, (ii) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct.

d. Obligation to Defend

You agree that, at Crunchies FD's option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i) Crunchies FD may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of Crunchies FD (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

e. No Implied Indemnity

No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.

15. Governing Law

No matter where you're located, the laws of the State of Tennessee will govern the Terms and the relationship between you and Crunchies FD as if you signed or otherwise agreed to the Terms in Tennessee, without regard to Tennessee's conflicts of laws rules. If any provisions of the Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under the Terms, then the parties agree to submit to the federal or state courts in Tennessee for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services or your breach of the Terms.

16. Dispute Resolution and Arbitration

a. Generally. You and Crunchies FD agree that every dispute arising out of or in connection with the Terms or your use of the Services will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Crunchies FD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

b. Exceptions. Despite the provisions of Section 20(a) nothing in the Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

c. Arbitrator. Any arbitration between you and Crunchies FD will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Crunchies FD. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Crunchies FD's address for Notice is: Crunchies FD, Inc.,3903 Ringgold Rd Suite 109, East Ridge, TN 3741 , Attn: CRCH. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Crunchies FD may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Crunchies FD must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Crunchies FD in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000.

e. Fees. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Tennessee, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Crunchies FD for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

f. No Class Actions. YOU AND Crunchies FD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Crunchies FD agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

g. Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice to our address for Notice within 30 days of the change, in which case your account with Crunchies FD will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

h. Cause of Action. You agree that any cause of action arising out of or related to the products must be commenced by you within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.

i. Enforceability. If Section 20(f) is found to be unenforceable or if the entirety of this Section 20 is found to be unenforceable, then the entirety of this Section 20 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 19 will govern any action arising out of or related to these Terms.

17. Privacy

Our collection and use of information about Users is governed by our Privacy Policy. Be sure to read through it so you understand how we collect and use your information.

18. California Residents

Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:

Complaints regarding the Services or requests to receive further information regarding use of the Services may be submitted.

19. Miscellaneous

The Terms constitute the entire and exclusive understanding and agreement between you and Crunchies FD regarding your access to and use of the Products and the Website, and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Crunchies FD and regarding the subject matter hereof.

You cannot assign, transfer or sublicense the Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent.

Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.

Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. No waiver granted in any instance shall constitute a waiver in any other instance.

Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.

Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.

Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

20. Candied Grapes Recipe

Congratulations! You're almost at the end of our Terms. As a reward, you've unlocked a Crunchies FD must-try recipe in the form of sweet, crunchy candied grapes.

First, you'll need:

• 20-25 grapes washed and completely dried

• 2 cups white sugar

• 1/2 cup water

• 1/4 cup light corn syrup

• white gel food coloring 

• other gel colors of your choice 

• 2 teaspoons flavored oil of your choice

• Sprinkles for decorating (optional)

• Wash your grapes thoroughly by using a fruit wash or just soaking them in water with a splash of white vinegar for about 5 minutes. Rinse them well and dry completely. 

• Insert a skewer into each grape and set them aside. 

• In a saucepan, combine the sugar, water, and corn syrup and stir to combine. 

• Set the pot over medium to medium/high heat and insert the candy thermometer. The thermometer should not touch the bottom of the pan but just have the tip in the sugar mixture. Cook (not stirring) until the thermometer reaches 300°.

• As soon as the mixture reaches 300°, remove the pot from the heat. Stir in a few drops of the white coloring and your flavoring (I use an entire .125 ounce mini bottle of flavoring or about 2 teaspoons)

• Then add in 3-4 drops of your gel colors and swirl with a spoon or skewer. You could also do one solid color or more than 2 colors..it's totally up to you! 

• Dip each skewered grape into the mixture while you spin the grape to coat it fully. Let the excess drip off and roll in sprinkles if desired. 

• Place the coated grapes on a sheet of parchment paper or silicone mat to dry for about 15 minutes. You could also place them in the fridge for about 10 minutes to get fully hardened.

Now, back to the Terms.

21. Contact Us

If you have any questions or concerns, please contact Crunchies FD.

You can also write to us at:

3903 Ringgold Rd

Suite 109

East Ridge, TN 37412
Attn: CRCH