Terms of service

Crunchi Website Terms of Use Rev.4 (26 September 2025)

This agreement is between the user (“User” or “you”) of this site www.crunchi.com or any replicated sites therof (“Site”), and Crunchi, LLC, a Florida Limited Liability Company, located at 1239 SE Indian Street, Unit 112, Stuart, FL, 34997-5633 ("Crunchi"), or used together hereafter as “Party” or the “Parties.” The terms “we”, “us” and “our” refer to Crunchi. Crunchi operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience. Crunchi is powered by Shopify, which enables us to provide the Services to you.

By using this Site, User consents and agrees to these Terms of Use (“Terms”) and to the Crunchi Website Privacy Policy (“Privacy Policy”) in the most current revision, incorporated by reference. If you do not agree to these Terms of Use or Privacy Policy, you should not use or access our Site.

1) Revisions to Terms

User understands the Terms may be revised periodically at the sole discretion of Crunchi, and agrees to abide by all such revisions. Revised Terms shall become effective at the time of posting to the Site. Continued use of the Site after the effective date of revisions shall constitute acceptance of any and all revisions.

2) License

Crunchi grants a limited, non-exclusive, revocable, and non-transferable license to access this Site for personal use in accordance with these Terms. Crunchi Advocates are granted use of this Site and any replicated Sites per these Terms and per the terms and conditions contained in their Agreement with Crunchi (if applicable).

3) Use of Site

This Site is provided by Crunchi and is available only to Users that are 18-years-of-age and older, or the age of legal majority and can enter into agreements under the law. User may use this Site to learn about Crunchi and its products and mission, to purchase Crunchi products for personal use, or to enroll as a Crunchi Advocate. User may not engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Site in any medium, (b) using any automated system to access the Site, (c) phishing, transmitting spam, or transmitting any other unsolicited email or messages (d) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site, (e) taking any action that imposes, or may impose at Crunchi’s sole discretion an unreasonable or disproportionately large load on Site infrastructure, (f) uploading invalid data, viruses, or other software agents through the Site, (g) collecting or harvesting any personally identifiable information, including account names or customer or client data, from the Site, (h) using the Site for any commercial solicitation purposes, (i) impersonating another person or otherwise misrepresenting one’s affiliation with a person or entity, conducting fraud, hiding or attempting to hide one’s identity, (j) interfering with the proper working of the Site, (k) accessing any content on the Site through any technology or means other than those provided or authorized by the Site, (l) posting or referencing offensive, unethical, or illegal content, or (m) bypassing the measures Crunchi may use to prevent or restrict access to the Site. As an Advocate, I hereby give my consent for Crunchi, LLC., to use my photograph and likeness in all forms and media for advertising, trade and any other lawful purposes.

4) Account Security

Crunchi works hard to safeguard the security of Users’ personal information. However, Crunchi cannot guarantee that unauthorized third parties will never be able to defeat the Site's security measures or use any personal information provided by User for improper purposes. Users acknowledge that they use this Site and provide their personal information at their own risk.

5) Content Uploaded

However, by submitting content to the Site, User grants Crunchi a worldwide, non-exclusive, royalty-free, sub licenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site and Crunchi's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. Crunchi reserves the right, but is not obligated, to monitor and/or review all content posted to the Site or through the Site's services by Users; and, Crunchi is not responsible for any such postings by Users. Crunchi reserves the right to remove content or postings it finds objectionable or in violation of these Terms.

6) Links

The Site may contain links to third-party websites or resources. User acknowledges and agrees that Crunchi is not responsible or liable for: (a) the availability, accuracy, safety, privacy, or security of such websites or resources, or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Crunchi of those websites or resources. User acknowledges sole responsibility for, and assumes all risk arising from, their use of any such websites or resources.

7) Third Party Content

Through the Site, User may have the ability to access and/or use content provided by third parties. Crunchi cannot guarantee that such third party content will be free of material User may find objectionable or otherwise. Crunchi disclaims any responsibility or liability related to User’s access or use of any third party content.

8) Intellectual Property

The name “Crunchi” and the design, trademarks, service marks, and logos of the Site are owned by or licensed to Crunchi, subject to copyright and other intellectual property rights under United States or international laws. In addition, all page headers, custom graphics, button icons, and scripts are service marks and/or trademarks of Crunchi, and may not be copied, imitated, or used, in whole or in part, without prior written permission from Crunchi. Crunchi reserves all rights not expressly granted in and to the Site. Further, any other names that may be adopted by Crunchi are the sole property of Crunchi and are, or may be, proprietary trade names, trademarks, and/or service marks of Crunchi. Crunchi will not allow the use or copying of its trade names, trademarks, designs, symbols, logos, or any derivatives of such marks, by any person or entity, without prior written permission. This includes, but is not limited to, unauthorized use in any email addresses, website domain names, replicated websites, applications, videos, banners, flyers, signage, social media accounts, social media names, or addresses. Users shall have no right to, and specifically agree not to (a) attempt to transfer, assign or sublicense any license rights received under these Terms to any other party; (b) make error corrections to or otherwise modify or adapt the Site or create derivative works based upon the Site, or to permit third parties to do the same; or (c) decompile, decrypt, reverse engineer, disassemble or otherwise reduce any portion of the Site to human-readable form to gain access to trade secrets or confidential information in the Site. Crunchi may bring an action before the courts seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights.

9) Privacy

For information about how Crunchi collects, uses, and shares User information, please refer to the Privacy Policy that is available on the Site. Users agree that by using the Site they consent to the collection, use, and sharing of such information; including, the transfer of this information to the United States and/or other countries for storage, processing, and use by Crunchi.

10) Advocates as Replicated Website Users

If User is a Crunchi Advocate and is using a replicated website, it is their responsibility to maintain the confidentiality of any passwords given to them, or chosen by them, and to report to Crunchi immediately if the password is lost or stolen; if there is any change in authorization or access for use of the password; if their registered authorizations are revoked; or, if their use of the Site is compromised, hacked, or otherwise negatively impacted. Users agree they will not share or give passwords to any other party.

11) Prize Draws, Contests, or Promotions

Crunchi may occasionally promote competitions, promotions, contests, prize draws, or other similar opportunities on the Site (“Contests”). If User wishes to participate in any of these Contests, then User does this at their own responsibility. Users must be 18-years-of-age or older to participate in any Contests. Contests require no entry fees or product purchases for participation. Prizes are non-transferrable and are unable to be redeemed for cash or credit. In accordance with any applicable laws, User agrees to take part in any promotional and publicity activity in connection with the Contest at Crunchi’s request and consents to their name, location, and photograph being published for the purposes of the Contest and promotional activity related thereto. Crunchi shall own all right, title, and interest in and to all Crunchi property, Crunchi confidential information, work product, documentation, and all derivatives, modifications, and improvements thereof, including all patents, trademarks, copyrights, trade secrets and other intellectual property rights.

12) Termination

Crunchi may terminate or suspend User’s access to or ability to use the Site immediately, without prior notice or liability, for any reason, including breach of this agreement; especially, for misuse of the Site or copyright infringement. Upon termination User’s right to use or access the Site will immediately cease. Termination of User access to and use of the Site shall not free User of any obligations arising prior to termination or limit any liability that User otherwise may have to Crunchi.

13) Disclaimers

The Site is provided "as is," without any warranties of any kind. To the fullest extent permissible under applicable law, Crunchi disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.

14) Indemnification

User shall indemnify and hold harmless Crunchi and its managers, partners, employees, assigns, and/or agents from and against all allegations, claims, actions, suits, demands, damages, including consequential and exemplary, liabilities, obligations, losses, settlements, judgements, costs, and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to, or result from use of the Site or reliance on the Site. User agrees to cooperate and assist Crunchi in the defense or settlement of any claims.

15) Governing Law

This Agreement will be governed by and construed in accordance with the laws of the State of Florida without regard to principles of conflicts of laws.

16) Jurisdiction

In all actions before the courts, the parties consent to exclusive jurisdiction and venue before the appropriate court residing in Martin County, Florida.

17) Mediation/Arbitration

In the event of a dispute between User and Crunchi arising from, or relating to, use of the Site, or the rights and obligations of either Party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation. Crunchi shall not be obligated to engage in mediation. If the parties are unsuccessful in resolving the dispute through mediation, the dispute shall be settled totally and finally by binding arbitration by the American Arbitration Association ("AAA"). Each Party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either Party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Site.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.

Arbitration Procedures

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Martin County, Stuart, FL, USA but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Florida, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Crunchi’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 1239 SE Indian St., Suite 112, Stuart, FL 34997. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Crunchi. You are responsible for ensuring Crunchi’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver

You and Crunchi agree that you may bring or participate in Claims against Crunchi only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Crunchi agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

18) Statute of Limitations

If User wishes to bring an action against Crunchi for any act or omission relating to or arising from use of the Site, such action must be brought within one (1) year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under state law. Failure to bring such action within such time shall bar all claims against Crunchi for such act or omission.

19) Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Crunchi be liable for any direct, special, exemplary, indirect, or consequential damages of any kind, whether arising in an action in contract, tort (including but not limited to negligence), or any other damages arising out of or in any way connected with the use of or inability to use the Site. This includes, without limitation, any damages caused by or resulting from reliance by User on any information obtained from Site, or that results from mistakes, disruptions, malfunctions, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance. Further, Crunchi will not be liable for damages caused to User’s computer, device, facility, software or hardware and/or loss of information from use of the Site.

20) Waiver

Any waiver by the Parties of any breach of the Terms must be in writing and signed by an authorized agent of the Party against which the waiver is asserted. Any waiver of a breach by a Party shall be a one-time waiver only and shall not operate or be construed as a waiver of any subsequent breach.

21) Mutual Waiver of Consequential Damages

The Parties waive all claims against each other for all consequential damages arising out of or relating to the Terms. This mutual waiver is applicable, without limitation, to all consequential damages due to either Party’s termination.

22) Submission of Ideas to Crunchi

Users will not be compensated for unsolicited submissions of business, product, or creative ideas or materials. If User, or anyone, submits any creative suggestions, ideas, notes, drawings, concepts, designs, formulas, artwork, photos, or other information, they assign all rights in and to them without compensation or payment of any kind. This also applies to submissions made as part of any and all Contests. Users, or others, that wish to submit a creative suggestion as listed above should contact the Crunchi corporate offices for more details and to complete required paperwork.

23) Photo and Information Authorization

Through use of the Site, User grants Crunchi the right to add its name and/or company logo to Crunchi’s customer or client list and Site. User further authorizes Crunchi to reproduce and use their name and likeness in any or all of its publications, including but not limited to, a photograph, video, web postings, comments, personal story, online forums, testimonial, and/or likeness in advertising or promotional materials. User irrevocably authorizes Crunchi to edit, alter, copy, exhibit, publish, or distribute this for any lawful purpose. User waives any right to inspect or approve the finished product and waives any right to royalties, or other compensation, arising from, or related to, such use. User understands that all such uses will become the property of Crunchi. User will hold harmless, release, and discharge Crunchi from all claims, demands, and causes of action which may arise by reason of this authorization. All of the above shall be construed in accordance with any applicable laws.

24) Communication with Users

User authorizes Crunchi to contact and/or notify User about its products, services, Contests, or other such topics deemed of interest by Crunchi in accordance with all applicable laws.

25) Force Majeure

Crunchi will not be liable for failure of, or delay in, performing its obligations under the Terms if such failure or delay is the result of an act of God. Crunchi will make every reasonable attempt to minimize delay of performance.

26) Severability

If any provision of the Terms is held to be invalid or unenforceable, such provisions may be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Terms will remain in full force and effect.

27) Integration

The Terms, in its current form, and as amended by Crunchi at its discretion, constitutes the entire contract between Crunchi and User. Any promises, representations, offers, or other communications not expressly set forth in the Terms are of no force or effect.

28) Notice

Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, or (c) by a commercial overnight courier that guarantees next day delivery and provides a receipt, and such notices shall be addressed as follows: Crunchi, LLC, Attn: Manager, 1239 SE Indian Street, Unit 112, Stuart, FL 34997-5633.

29) Copies

An electronic, scanned, faxed, or emailed copy of the Terms shall be considered an original and shall be legal and binding.

30) Comments

Comments, questions, feedback, or inquiries may be directed to Crunchi corporate offices at (888) 831-3133 or to info@crunchi.com.

31) Text Marketing & Notifications

The Crunchi mobile message service (the "Mobile Message Service") is operated by Crunchi LLC ("Crunchi", “we”, or “us”). Your use of the Mobile Message Service constitutes your agreement to these Terms of Use. We may modify or cancel the Mobile Message Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Terms of Use at any time and your continued use of the Mobile Message Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Crunchi's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Crunchi through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, information, account creation, and loyalty points expiration (e.g., order updates, account alerts, etc.). Promotional messages may include specials, promotions, product launches, abandoned cart reminders, discounts, and other marketing offers (e.g., cart reminders), including requests for reviews from us.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Crunchi. Your participation in this program is completely voluntary.

We do not charge for the Mobile Message Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Mobile Message Service at any time. Text the single keyword command STOP to +18559331441 (or 26945 for short code) or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Crunchi mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Mobile Message Service support or assistance, text HELP to +18559331441 (or 26945 for short code) or email info@crunchi.com.

We may change any short code or telephone number we use to operate the Mobile Message Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Mobile Message Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Message Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Message Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.