Terms and Conditions of Use

Welcome to the Clio Snacks, LLC’s (“Clio”, “our,” “we,” “us”) website.  These Terms and Conditions of Use (“Terms”) govern your use of Clio’s website (“Site”).  Please read the terms in full before using our Site.  By accepting these Terms, or by using our Site, you agree to be legally bound by these Terms, our Privacy Policy, and any other underlying agreements or terms. If you do not agree to these terms, please do not use our Site.  

We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the changes made.  We do occasionally update these terms so please refer to them in the future – we will update the “Last Updated” date in the event changes are made.  

Access to Site

You will be able to access our Site without having to register any details with us.

Use of Site

Our Site, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions, designs, files, trademarks, software, specifications, advertisements, titles, names and all other material provided, and the collection and compilation and assembly thereof are the exclusive property of Clio or its parent, and are protected by Canadian and international copyright, trade dress, and trademark laws.  

The contents of our Site may be used for informational purposes only.  Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden.  

Any other trademarks or service marks appearing anywhere on our Site are the property of their respective owners and you understand that you are not authorized to display or use such property without the prior written consent of the respective owner.  To the extent any product name or logo does not appear with a trademark symbol (™ or ®) does not constitute a waiver of any and all intellectual property rights that Clio or such third party has established in any of its products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Site for commercial profit or gain.  Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you.  You agree to observe copyright and other applicable laws, rules, and regulations and may not use the content in any manner that infringes or violates the rights of any person or entity.  We hold all rights to the content on this Site.

As a condition of your use of the Site, you will not use the Site, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Site is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the Site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site, or any contents or services.  You may not attempt to gain access to, modify, hack, or attack any portion of the Site, or any of its contents or services, other than those for which you are authorized.   

THE FOLLOWING SECTION IS NOT APPLICABLE TO QUEBEC RESIDENTS

Limitation of Liability

While every effort is made for the timeliness and accuracy of the Site content and services, we make no representations or warranties, either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of the Site content, services, any of the results obtained from its use or links to other websites. 

We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site, or the results to be obtained from using the Site.  We make no representation or warranty that the Site or content is free from defects or viruses.  Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.

While every effort is made so that all content provided on the Site does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer or device, and you should have a complete and current backup of the applicable items on your computer or device.  We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site.  While every effort is made for smooth and continuous operation, we do not warrant the Site will operate error free.

By submitting a telephone number to Clio, you agree that a representative of Clio can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message.  Your consent is not an obligation to receive any of our products and/or services.

Site Uptime

We take all reasonable steps so that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time for any reason.

Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.

User Conduct

When using our Site, you shall not post or send to or from either the Site:

  1. content for which you have not obtained all necessary consents;

  2. content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used;

  3. content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of this Section.   

You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle.  You should access our Site only with due regard for your own safety and the safety of others.

Links to and from Third Party Websites, Content from Other Users

Any links furnished on our Site may allow you to leave our Site.  These third-party websites are not under our control and we disclaim any responsibility for the contents of such linked websites or any link(s) contained in any such linked website(s) or any changes or updates to any of these websites.  We further disclaim any responsibility for any form of transmission received from any linked third-party website or advertising.  We provide these links to you as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the website(s). Your use of such other websites is governed by the terms and use of such websites.

If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site, and subject to the following conditions:

  1. you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

  2. you do not misrepresent your relationship with us or present any false information about us;

  3. you do not link from a website that is not owned by you; and

  4. your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of Canada or any other applicable jurisdiction.

If you choose to link our Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Clio does not endorse any opinions expressed by any users of the Site. We do not undertake any obligation to monitor the information and/or data posted by any users of the Site, and our removal of information and/or data in specific circumstances shall not be deemed a general undertaking to monitor. You acknowledge that you may be exposed to information that you find offensive or otherwise objectionable. We may provide information to help you identify certain postings as advertisements, but we cannot assure that we will be able to do so in all cases, and you are ultimately responsible for determining the validity and reliability of any information that you read on the Site.

Modification to our Products and/or Prices

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

We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate. Your product(s) and the packaging of your product(s) may vary from that shown on images on the Site.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Site will be corrected. With respect to Quebec residents, you are provided with the legal warranties with respect to products under the Consumer Protection Act.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, general comments, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; (3) to respond to any comments; or (4) attribute authorship for any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

User Generated Content, License, Ownership and Warranties

By posting, uploading, transferring, sending, publishing or otherwise making available any posts, reviews, comments, messages, files, images, videos, survey answers, materials, information or other content (the “User Generated Content”) on or through this Site or any posts on Third-Party Social Platform (as defined at the bottom of this paragraph) that tag or otherwise reference Clio and/or Clio’s products, you are granting Clio a perpetual, irrevocable, worldwide, sublicensable, transferable, royalty-free, non-exclusive, fully paid-up license to use, exploit, repurpose, copy, reproduce, modify, adapt, translate, transmit, publish, download, post, lease, disclose, perform and display publicly, distribute, and prepare derivative works based on your User Generated Content, in whole or in part, in connection with (a) the promotion and operation of this Site; Clio’s business and brand; Clio’s Facebook, Twitter, Instagram, YouTube, Pinterest, Snapchat, LinkedIn, Website, Email communications, media, videos, and other pages and media platforms; the products, services and brands of the company that sponsored the event to which your User Generated Content relates (the “Sponsor”); and the products, services and brands of the Sponsor’s affiliates, and (b) in any other way expressly permitted under these Terms or our Privacy Policy. We will not use your User Generated Content or other personal information in a manner that violates our Privacy Policy. If requested, you also agree to provide Clio with links and access to view your accounts with Third-Party Social Platforms. For purposes of these Terms, “Third-Party Social Platform” shall mean a third-party social-media website, including, but not limited to blogs, Facebook, Twitter, Instagram, Pinterest, LinkedIn, or YouTube.

Without limiting the generality of the foregoing grant of license, by posting, uploading, transferring, sending, publishing or otherwise making available any User Generated Content on or through this Site, you acknowledge and agree that: (a) you are granting Clio permission (i) to display advertisements in connection with User Generated Content and to use User Generated Content for advertising and promotional purposes without compensating you or attributing authorship in any way and (ii) to make your User Generated Content available to the general public and our customers through this Site and third-party websites, through RSS feeds, and in any other manner, in or using any format or media or technology, now known or hereafter developed, without compensating you or attributing authorship in any way; (b) Clio has no obligation to post, maintain, use or respond to User Generated Content submitted to this Site; (c) the provision of User Generated Content to the Community in no way imposes any other obligation on Clio, whether of confidentiality, attribution, or otherwise, and Clio shall not be liable for any claims arising out of or relating to any use, modification, distribution, reproduction, display or disclosure of any User Generated Content; (d) you hereby waive any and all claims (including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity) arising out of any use, alteration, distortion or illusionary effect, or use in any manner permitted by these Terms of your image/likeness, arising out of the posting of User Generated Content containing your photograph or other image to this Site; (e) no fees, royalties or any other monies (“Royalties”) will be owed to any person by reason of any User Generated Content, and if any Royalties are owed, you (and not Clio) will pay and be liable for all such Royalties; (f) User Generated Content submitted to this Site may be subject to size and usage limitations, other limitations and restrictions, and the terms of these Terms, and you are solely responsible for adhering to such requirements with regard to any User Generated Content you provide to this Site; and (g) Clio may access, copy, preserve, and disclose your User Generated Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process or applicable law, (ii) enforce these Terms, (iii) respond to claims that any User Generated Content violates the rights of third-parties, (iv) respond to your requests for assistance, (v) prevent or investigate a crime, or (vi) protect the rights, property, or personal safety of the Community or others. DO NOT POST USER GENERATED CONTENT if you do not want it to be used or made available to the general public as set forth in these Terms. If you do not want your photograph to be made available to the general public, DO NOT UPLOAD A PHOTOGRAPH to your profile page on this Site. Instead, select an icon to represent you. Everything you share is voluntary; do not share anything you wish to remain private.

The license you grant to us is non-exclusive (meaning you are free to license your User Generated Content to anyone else), fully-paid and royalty-free (meaning that neither we nor any downstream users are required to pay you for the use of your User Generated Content), fully sub-licensable (so that, for example, we are able to sublicense your User Generated Content to, without limitation, our sponsors, subscribers to the Site or affiliate sites, and to visitors to this Site who may access, use, transmit, stream, download, print and further sublicense your User Generated Content); worldwide (because the Internet and this Site are global in reach), and fully assignable and transferrable (so that, for example, if we sell our business, reorganize, or merge with another business, the new owner may continue to operate this Site under the brand or another name). This license may be exercised by Clio and its sublicensees for any purpose in any format, media or technology, now known or hereafter developed. Notwithstanding anything to the contrary in these Terms, to the fullest extent permitted by law, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Generated Content, and all rights of privacy or publicity in, or approval rights with respect to, your User Generated Content.

Clio does not assert any ownership or other rights in or to User Generated Content (except the within license); rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of User Generated Content and any intellectual property rights or other proprietary rights associated with User Generated Content. You are solely responsible for protecting your intellectual property rights in your User Generated Content. Clio cannot and does not assume responsibility for controlling, monitoring, or enforcing your intellectual property rights.

You acknowledge and agree that the above grant of license is supported by good, valuable, and sufficient consideration including, without limitation, in the form of your access to and use of the Site that is provided by Clio. By posting User Generated Content, you represent and warrant that: (a) you own all rights in and to your User Generated Content or otherwise have the right to grant the license set forth in these Terms; (b) the posting of your User Generated Content on or through this Site does not infringe, misappropriate, or otherwise violate the copyrights, trademarks, patents, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights or any other rights of any individual, living or deceased, or any legal entity; and (c) you have read and understood and your User Generated Content fully complies with these Terms and applicable laws. User Generated Content must in their entirety comply with all applicable provincial, territorial, local, and federal laws and regulations. Without limiting the foregoing, User Generated Content must conform with the standards set forth in the “Safety” section below and must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

  • Be likely to deceive any person. · Promote any illegal activity, or advocate, promote, or assist any unlawful act;

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

You are legally responsible for your user generated content. Failure to comply with these Terms may expose you to liability to Clio and liability to individuals or legal entities whose copyrights or other rights have been violated by your User Generated Content or otherwise. For this reason, you should review these Terms regularly and contact us first if you have any questions about the suitability of materials you wish to post. Remember, once User Generated Content is posted it may quickly be transferred to other websites and media that we do not control, and it may be impossible to recover or delete. You understand and acknowledge that you are responsible for any User Generated Content you submit or contribute, and you, not Clio, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Generated Content posted by you or any other user of the Site.

Trademarks and Trade Dress

The term “Trademarks” means all registered and common law trademarks, service marks, business and trade names, product and service names, designs, slogans, trade dress, logos, Internet domain names, and other indications of origin owned or licensed by Clio, whether currently or in the future. The look and feel of the Site, including our Clio Cravings Club/Clio Society Communication Platform, as well as all page headers, graphics, button icons, and scripts, is the proprietary trade dress of Clio and/or its licensors, as applicable, and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Clio. Nothing contained herein grants or shall be construed to grant you any rights to use or otherwise in or to any Trademarks, including without limitation as a domain name or part of a domain name or as a meta tag, keyword, or other type of programming code. You must not use any Trademarks without the prior written permission of Clio. All other trademarks, service marks, logos and the like that are used or appear on the Site are the property of their respective owners. Reference on the Site to any product or service by name on the Site does not constitute or imply endorsement, sponsorship, or recommendation of the product or service by the Community and/or Clio, unless expressly so stated. You may not use any of the Trademarks to create a link to the Site without the prior written consent of Clio.

Intellectual Property Ownership of the Site and its Contents

The Site and its entire contents (text, images, audio, and video, as applicable), features and functionality, as well as the underlying programming code to create the Site is owned by us and/or our licensors, as applicable, is protected under copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be copied, reproduced, distributed, modified, or publicly displayed. Nothing contained herein grants or shall be construed to grant you any rights to use any of the content of the Site or its underlying programming code. Your use or misuse of any intellectual property displayed on or used in connection with this Site, or any other content on this Site, is strictly prohibited. This restriction includes copying, reproducing, or modifying any content of this Site for any purpose other than your own personal, non-commercial use.

We respect other people's rights, and expect you to do the same. As such, you will not post content or take any action on that infringes, misappropriates or otherwise violates someone else's rights or otherwise violates the law. We can remove any content or information you post on the Site if we believe that it violates these Terms. If you repeatedly infringe other people's intellectual property rights, we may disable your account, as applicable, when deemed appropriate by us.

If you believe that your copyrighted work appears on the Site in a manner that constitutes copyright infringement, please notify us and provide all of the information set forth in Section 41.25 of the Copyright Act, RSC 1985, c C-42, including:

  • The claimant’s name and address and any other particulars prescribed by regulation that enable communication with the claimant;

  • The work or other subject-matter to which the claimed infringement relates;

  • The claimant’s interest or right with respect to the copyright in the work or other subject-matter;

  • The location data for the electronic location to which the claimed infringement relates;

  • The infringement that is claimed;

  • The date and time of the commission of the claimed infringement; and

  • Any other information that may be prescribed by regulation.

You acknowledge that if you fail to comply with all of the requirements set forth in the section above, your notice may not be valid. Our designated agent for receipt of these notices is info@cliosnacks.com. Upon receipt of your valid notice, we will act in accordance with Section 41.26 of the Copyright Act.

Disclaimers

All information on our Site is of a general nature and is furnished for your knowledge and understanding and as an informational resource only.  The documents and any related graphics published on this server could include technical inaccuracies or typographical errors.  Changes are periodically made to the information contained on our Site.  We may make improvements and/or changes to any of the products depicted or described herein at any time.  To the extent permitted by applicable law, we expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on the information from either. Clio does not represent, warrant, or undertake that any errors on or relating to this Site may or will be corrected or that any server from which the Site is operated is or will be free from defects, viruses or any other harmful components.  

THE FOLLOWING EXCLUSIONS AND DISCLAIMERS OF WARRANTIES DO NOT APPLY TO RESIDENTS OF SASKATCHEWAN OR QUEBEC.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

CLIO DOES NOT WARRANT, REPRESENT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, ADEQUACY, CORRECTNESS, RELIABILITY, TIMELINESS OR USEFULNESS OF OUR SITE OR ANY INFORMATION DESCRIBED WITHIN OR DERIVED FROM OUR SITE, SERVICE, OR TERMS.

You agree that under no circumstance will Clio, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way in connection with (a) any information or data posted by any users of the Site, including without limitation errors or omissions in such information or data; (b) any loss or damage of any kind incurred as a result of the use by you or a third party of any such information or data; or (c) any failure to correct or remove information or data.

As applicable, you acknowledge that Clio may establish day-to-day operational practices that supplement these Terms, and Clio may implement and change these practices from time to time with or without notice. Such practices may include, for example, periodic deletion of information posted to the Site and logging off users who are inactive for an extended period of time during a login session. You acknowledge that Clio has no responsibility for the storage or deletion, or the failure to store or delete, of any information or data.

THE FOLLOWING SECTION IS NOT APPLICABLE TO QUEBEC RESIDENTS:

Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE OR ANY OF OUR LAWFUL AGENTS, CONTRACTORS, EMPLOYEES, OR MANDATORIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS OR CLAIM.

IF, NOTWITHSTANDING THE LIMITATIONS NOTED HEREIN, CLIO IS FOUND TO BE LIABLE FOR ANY DAMAGE(S) OR LOSS IN CONNECTION WITH THIS SITE OR THE PRODUCTS, IN NO CASE SHALL CLIO’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT(S) ORDERED UNDER THESE TERMS AND TO WHICH THE CLAIM RELATES.

IF YOU ARE DISSATISFIED WITH THE TERMS OR THIS SITE, YOUR SOLE AND UNIQUE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS SITE. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the express written consent of Clio. The Terms shall inure to the benefit of and are binding upon the parties hereto and their respective heirs, successors and assigns

Applicable Law

We make no representations that the content or the Site is appropriate or may be used or downloaded outside Canada. Access to the Site and/or the content may not be legal in certain countries outside Canada.  If you access the Site from outside Canada, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.

Our Site is created and controlled by Clio Snacks, LLC, located in the State of New Jersey, United States of America.  The Site, and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the province or territory in which you reside and applicable Canadian federal laws.  Use of our Site constitutes agreement of the user to the jurisdiction of the province or territory in which the user resides.

Our Site is subject to Canada’s export and import laws and regulations, and may be subject to export or import laws and regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.

Monitoring; Restriction and Termination of Use

Clio may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in Clio’s discretion, without cause, without prior notice, and without liability to you. We have the right to take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Site. You waive and hold harmless Clio and its service providers from any claims resulting from any action taken by Clio, or taken as a consequence of, investigations by either Clio or law enforcement authorities.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms are effective unless and until terminated by us. However, you may terminate these Terms at any time by notifying us that you no longer wish to use your account, as applicable, or when you cease using our Site.

If you are located in Quebec, we may close your account without cause at any moment provided that we notify you in writing at least sixty (60) days before the date of termination.

If in our sole judgment you failed, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our products and/or your account (or any part thereof).

THE FOLLOWING PROVISION IS ONLY APPLICABLE TO QUEBEC RESIDENTS: Language

You have required that these Terms and Conditions of Use, and all related documents, be drafted in English, at you express wish. A French version of these Terms and Conditions of Use has been provided to you on our Site. Vous avez requis que les présentes modalités d’utilisation, ainsi que tous les documents qui s’y rattachent, soient rédigés en anglais, selon votre volonté expresse. Une version française des modalités d’utilisation vous a été fournie sur notre Site.

Entire Agreement

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

These Terms, all other applicable agreements, and any policies or operating rules posted by us on this site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether electronic, oral or written, between you and us (including, but not limited to, any prior versions of these Terms), and may not be amended or modified except in writing by Clio.

THE FOLLOWING PROVISION IS NOT APPLICABLE TO QUEBEC RESIDENTS: Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

General

These Terms, together with the Privacy Policy, other terms or legal notices published by us on the Site, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Site.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The headings used herein are inserted for purely for the purposes of convenience or reference and do not affect the construction or interpretation of the Terms herein.

THE FOLLOWING PROVISION IS NOT APPLICABLE TO QUEBEC RESIDENTS:  YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If you are a member or registered user with our Clio Cravings Club/Clio Society, any written notice relating to these Terms shall be sent to the email address associated with your account. All other written notices shall be sent to cliocravings@cliosnacks.com.

Our Contact Information

Clio Snacks, LLC
141 Ethel Road W
Piscataway, NJ 08854
1(877) 505-2546
info@cliosnacks.com

Effective Date: March 25, 2024

Last Updated: March 25, 2024