Terms & Conditions

EFFECTIVE DATE: October 15, 2024

Munchies Merch, LLC (“we,” “us,” or “Munchies Merch”) operates the website www.cancelmeclothing.com (the “Website”). This agreement outlines the terms governing your use of the Website and your purchase of products from Munchies Merch (the “Products”).

Your use of the Website and the Products is conditional upon your acceptance of these Terms and Conditions (“Terms” or “Agreement”). By accepting these Terms, you also agree to Munchies Merch’s Privacy Policy, Return Policy, and Shipping Policy, all of which are incorporated by reference into this Agreement.

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION CLAUSE REQUIRING INDIVIDUAL ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTIONS. Make sure you understand this document fully before using or purchasing from the Website. By purchasing on our site, you acknowledge your agreement to these Terms in their entirety.

User Responsibilities

By using the Website, you confirm that you are at least eighteen (18) years old or of legal age in your jurisdiction, and agree to these Terms. You must comply with all relevant laws (local, state, and national) when using the Website. You must provide accurate, current, and complete information when interacting with Munchies Merch. The Website and its content are for personal, non-commercial use only, and not for any illegal, political, obscene, or inappropriate activities. Munchies Merch reserves the right to terminate your access to the Website at its discretion. If you register an account, you are responsible for all activities under your account and must keep your password secure. Notify Munchies Merch immediately of any unauthorized use of your password.

Website Ownership & Content

The Website contains materials such as text, images, designs, photographs, videos, audio, copy, user interfaces, proprietary information, URLs, logos, slogans, and graphics ("Content") owned, licensed, or controlled by Munchies Merch or third parties. This Website and its Content are protected by intellectual property laws, including U.S. and international copyright and trademark laws. By using the Website, you do not gain any ownership or rights to any Content. Unauthorized methods such as direct linking, framing, or using automated devices to monitor or copy the Website are strictly prohibited. Other uses, including copying, printing, transmitting, or distributing this content, are also prohibited. Munchies Merch grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Content on the Website for your personal, non-commercial use only. Munchies Merch may suspend or terminate access to the Website, Content, and Products at any time without notice or liability.

Optional Tools

We may provide access to third-party tools that we do not monitor or control.

You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties or representations. We have no liability arising from your use of optional third-party tools.

Any use of optional tools offered through the Website is at your own risk, and you should ensure you understand and approve the terms provided by the relevant third-party provider(s).

We may also offer new services and/or features in the future, which will also be subject to these Terms and Conditions.

Third-party Links

Certain content, products, and services available through our Website may include materials from third parties.

Third-party links may direct you to external websites that are not affiliated with us. We are not responsible for the content or accuracy of these third-party materials, and we disclaim any liability for them.

We are not liable for any damages related to the purchase or use of goods, services, or content from third-party websites. Please review the policies and practices of third parties before engaging in any transaction. Any issues related to third-party products should be directed to the respective third party.

User-Generated Content

By posting on the Website (“User-Generated Content”), you grant Munchies Merch a royalty-free, sub-licensable, perpetual, irrevocable, transferable, worldwide license to use this content. This may include publishing, translating, modifying, copying, distributing, reproducing, and creating derivative works from the content. You confirm that your User-Generated Content does not violate any laws or third-party rights. Munchies Merch may use User-Generated Content without obligation to you, including any requirement for attribution or compensation.

Privacy

By using the Website, you consent to the collection and use of personal information as outlined in Munchies Merch’s Privacy Policy. By providing your mobile number, you consent to be contacted by phone (including SMS, automated dialing systems, and pre-recorded messages) at that number, even if it is on a “Do Not Call” list. Your consent is not required to make a purchase.

Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the Website, Content, and Products: (a) for any unlawful purpose; (b) to solicit others to engage in unlawful acts; (c) to violate any laws or regulations; (d) to infringe on the intellectual property rights of others; (e) to harass or discriminate against individuals; (f) to submit false or misleading information; (g) to upload malicious code; (h) to collect or track personal information; (i) to engage in spamming or phishing; (j) for obscene purposes; or (k) to interfere with security features. We reserve the right to terminate your access for violating these prohibitions.

Website Purchases

Purchases through the Website are subject to approval by Munchies Merch. We may refuse or cancel transactions at our discretion without liability. Orders intended for resale are not allowed. Your order acceptance is conditional upon your agreement to these Terms and any additional terms on the Website. By placing an order, you agree to provide accurate information. Munchies Merch may change product specifications and prices without notice. Prices and availability are subject to change, and offers may be withdrawn for errors.

For returns, please refer to our Returns Policy. 

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES

Except where prohibited by law, the Website and its Content are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind. Munchies Merch does not guarantee the accuracy, reliability, or uninterrupted function of the Website.

In no event will Munchies Merch, LLC be liable for any indirect, consequential, exemplary, or punitive damages, including lost profits, even if we have been advised of such possibilities. You agree that our liability in any dispute will be capped at the total amount you paid for the services provided through this Website. If your state does not allow the limitation of certain damages, this provision will apply to the fullest extent permitted by law.

INDEMNIFICATION: You agree to indemnify and hold Munchies Merch, LLC and its affiliates harmless from any claims arising from your use of the website, breach of these Terms, or violation of any laws.

GOVERNING LAW

These Terms and any disputes involving Munchies Merch, LLC will be governed by the laws of California, without regard to conflict of law principles.

DISPUTE RESOLUTION & BINDING ARBITRATION

YOU AND MUNCHIES MERCH, LLC AGREE TO RESOLVE ANY DISPUTES EXCLUSIVELY THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WAIVING ANY RIGHT TO LITIGATE IN COURT OR PARTICIPATE IN CLASS ACTIONS. Either party may bring an individual action in small claims court if it meets jurisdictional requirements.

This arbitration provision applies to any claims related to your purchase of services through our website. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The place of arbitration will be in the location where you purchased our product. Each party will pay its share of arbitration fees according to AAA rules.

The arbitrator has the exclusive authority to resolve any disputes regarding the scope or enforceability of this arbitration provision. The arbitrator may grant any relief available in court, and their decision will be final and binding.

You and Munchies Merch, LLC agree to arbitration only on an individual basis, and claims may not be consolidated. If any portion of this arbitration agreement is found unenforceable, the remaining terms will be enforced.

Confidentiality Clause: The arbitrator will order the confidentiality of information disclosed during arbitration, and court filings of confidential information must be sealed.

Offer of Settlement: Either party may make settlement offers before the evidentiary hearing, with non-disclosure mandated until after the arbitrator's decision.

This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and survives termination of this Agreement.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Munchies Merch and supersede any prior agreements or communications.

Changes to Terms and Conditions

You can review the current version of the Terms and Conditions at any time on this page. We reserve the right to update or change these Terms at our discretion. Your continued use of the Website after changes indicates acceptance of those changes. 

For queries, please contact Munchies Merch at: info@munchiesmerch.com