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Welcome to www.workperks.co (the “Site”). This Site is maintained and operated by WorkPerks, LLC (“WorkPerks” or “Company”).

By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not use or access this Site. WorkPerks reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to these Terms it also constitutes your agreement to the Site Privacy Policy which is incorporated herein.

BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WORKPERKS RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE.

We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

1. Use of the Site You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of WorkPerks. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of WorkPerks. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.

We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

2. Registration In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

3. Additional Terms and Conditions You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

4. The Subscription Contract By purchasing a subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. You will be charged at the beginning of each recurring period at the rate specified in your subscription contract.  Your subscription will be automatically extended for successive recurring periods, at the then-current subscription rate. To cancel your subscription at any time, you must log-on to your account or email us and we will do it for you. In order to cancel your subscription, you must provide at least 2 weeks notice via email. If the proper notice time is not provided, WorkPerks will charge your subscription account for the upcoming period, and then cancel your account. If you cancel, you may use your subscription until the end of your then-current subscription term. WorkPerks may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before WorkPerks reasonably could act.

We reserve the right in our sole and absolute discretion to make changes from time-to-time and without notice in how we operate the Services.  Any description of how the Services work should not be considered a representation or obligation with respect to how the Services will always work.

5. Cancellation Policy To cancel your subscription at any time, you can either log-on to your account to setup the cancellation, email us hello@workperks.co, or call us at 800-324-5095, and we will do it for you. You must setup your cancellation at least 2 weeks before your next renewal charge date. If the proper notice time is not provided, WorkPerks will charge your subscription account for the upcoming period, and then cancel your account. If you cancel, you may use your subscription until the end of your then-current subscription term. WorkPerks may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before WorkPerks reasonably could act.

6. Return Policy If you are not satisfied with the WorkPerks snacks your office received, we’ll replace the ones you didn’t like in your next shipment. We are all about snack satisfaction here at WorkPerks.

7. Shipping Policy Subscription Services: All first orders will ship within 1 business day. Each subsequent delivery will be shipped to you within 3-5 business days of your monthly billing date. All deliveries are shipped Fedex Ground. Shipping is only available in the Continental US, and free for all deliveries.

Gift Box Services: Gift boxes generally ship within 1-2 business days. Custom-branded orders take anywhere from 1-3 weeks to ship dependent on when WorkPerks receives needed details and files from client. There is free shipping on all gift boxes shipped to the Continental US. For all international shipments, additional shipping fees apply. Redelivery Fee: For any incorrect address that we need to redeliver a package to, there is a $25 fee per redelivery.

8. Consent To Communication By e-mail By purchasing a subscription with us, you grant permission for WorkPerks to contact you at your email address, and allow WorkPerks to contact colleagues at your company at their email addresses with notices about your account (e.g., change in password or payment method, confirmation e-mails and other transactional information), information concerning or related to the Services and marketing and promotional materials.

9. Product and Service Information Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. WorkPerks shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. If your credit card has already been charged for the purchase and your order is canceled, WorkPerks shall immediately issue a credit to your credit card account in the amount of the charge.

Snack quantities sent to recipients are based on total snack servings, and not total number of individual items in a box package. Each snack item generally comes in a one single serving size packaging. One single serving size is defined as being one ounce or less depending on the snack item. In some instances, some snack items contain 2 servings per packaging.

WORKPERKS PROVIDES PRODUCT DESCRIPTION INFORMATION AS WELL AS ASSOCIATED ALLERGEN INFORMATION FOR PRODUCTS DISTRIBUTED THROUGH WORKPERKS.  WORKPERKS DOES NOT WARRANT THAT THIS INFORMATION IS ACCURATE, COMPLETE, RELIABLE, UP TO DATE OR ERROR-FREE.  IT IS YOUR RESPONSIBILITY TO CAREFULLY READ, INSPECT AND INVESTIGATE ANY PRODUCT YOU OBTAIN THROUGH WORKPERKS UPON YOUR RECEIPT TO DETERMINE SAFETY AND APPROPRIATENESS FOR CONSUMPTION OR USE.

10. Disclaimer WorkPerks and its employees do not claim to provide medical or health advice. WorkPerks is not liable for any adverse reactions caused by using or consuming any product described or provided by WorkPerks. Please exercise caution when trying any new product, especially if you suffer from allergies and/or food or chemical sensitivities. You should always read labels before trying any new product.

WorkPerks expressly relies on the manufacturers’ product information. Manufactures may change their product and information without informing WorkPerks, and WorkPerks is not responsible for communicating information regarding product changes and / or product recalls.

You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of information you may have received from WorkPerks. No products provided through WorkPerks are intended to diagnose, treat, cure or prevent any disease. We do not guarantee any health, nutritional or physical results through the use of our products and services.

11. Proprietary Rights You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of WorkPerks or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. [WorkPerks is a registered trademark] and other trademarks are the property of their respective owners. All of our Site’s content is Copyright 2017 WorkPerks, LLC. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by WorkPerks.

12. Submitted Content By submitting or posting any materials or content on the Site, you grant WorkPerks a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant WorkPerks the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. WorkPerks will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

[We may permit you to post questions, comments, photos, videos and other content on sections of the WorkPerks website.  We do not regularly review the content posted on the WorkPerks website; however, we reserve the right to reject, remove or edit such content at any time without notice.  Content should not be posted that contain:  harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; or URLs, phone numbers, mailing or e-mail addresses or personal attacks.  You understand and agree that WorkPerks may, but is not obligated to, review the content and may delete or remove it (without notice) in Workperk’s sole and absolute discretion, for any reason or no reason.

BY SUBMITTING CONTENT, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR COMMENT, QUESTION OR OTHER CONTENT, TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE WORKPERKS WEBSITE.  IF YOU DO NOT WANT YOUR CONTENT TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE FORUM FEATURE.]

13. Disclaimers You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, WORKPERKS DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WorkPerks makes no warranties of any kind regarding any non-WorkPerks sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and WorkPerks makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-WorkPerks sites. WorkPerks does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

14. Indemnification You agree to indemnify, hold harmless, and defend WorkPerks, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.

15. Limitation of Liability IN NO EVENT SHALL WORKPERKS, ITS PARENT COMPANY, SUBSIDIARIES, AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WORKPERKS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF WORKPERKS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO WORKPERKS IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

16. International Use We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

17. Risk of Loss Any merchandise purchased through our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

18. Severability If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

19. Waiver; Remedies The failure of WorkPerks to partially or fully exercise any rights or the waiver of WorkPerks of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by WorkPerks or be deemed a waiver by WorkPerks of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of WorkPerks under these Terms and any other applicable agreement between you and WorkPerks shall be cumulative, and the exercise of any such right or remedy shall not limit WorkPerks right to exercise any other right or remedy.

20. Governing Law The laws of the State of New York shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN DADE COUNTY, FLORIDA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.