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TERMS OF USE

Shipping / Return / Refund Policy

As our products are perishable, all food sales are final. Order recipients of shipments to Canada will be responsible for paying the associated duties, taxes and fees on all orders. To make sure that you are satisfied with the product you receive, please inspect the contents as soon as your order arrives. That’s it. is not responsible for damage or loss as a result of shipments being returned to the freight location or being undeliverable as a result of incorrect address information you supply to us, or for inability of a recipient to receive the package on the day you specify that it should be delivered. We wish we could assure proper handling and prompt receipt of packages once they have been delivered to the correct mailing address by the third party carrier (UPS, FedEx or USPS), but this, of course, is out of our control.

For more information, please contact our Customer Service department at 888.862.5235 8:30am - 5:30pm PST Monday - Friday.

Terms of Use

Please read these Terms of Use carefully before using this website (“Site”) and print a copy for your records. This Site is provided to you by That’s it Nutrition, LLC and their affiliates (collectively, “THATS IT”, “we”, “us” or “our”). Your access to and use of this Site is subject to these Terms of Use. By accessing and using this Site you (“you”) agree to be bound by these Terms of Use whether or not you have read them. If you do not agree to these Terms of Use, do not access or use this Site. THATS IT may at its sole discretion modify these Terms of Use at any time and such modifications will be effective immediately upon being posted on this Site. Please check these Terms of Use periodically for any modifications. If you do not agree to any modifications of these Terms of Use, you must immediately stop using this Site. Your continued use of this Site following posting of the modifications will indicate your acceptance of these modified Terms of Use.

Availability
The services and functionalities provided on this Site are provided for your convenience only and may be modified or removed at any time from this Site, or they may be unavailable from time to time.

Reliance On Information
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at THATS IT’s sole discretion.

Changes to this Site
Changes may be made at any time to the information, names, text, software, images, pictures, logos, trade-marks, functionalities, products, research links or quotes, newsfeed, services and any other material displayed on, offered through or contained on this Site.

Privacy Policy
THATS IT personal information practices on this Site are governed by THATS IT privacy statement. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of majority.

Links
This Site may contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of THATS IT or its affiliates. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

You may not create a link to this Site without the prior written consent of THATS IT.

Your Obligations
a. Your use of this Site will be in compliance with all applicable laws and regulations. You will not: (i) use this Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email; (ii) omit, delete, forge or misrepresent transmission information, including without limitation headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (iii) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (iv) engage in any activities intended to withhold or cloak identity or contact information; (v) send harassing and/or threatening messages to others; (vi) transmit any viruses or other disabling mechanisms; (vii) use this Site for any illegal purpose, in violation of any applicable laws or regulations; (viii) engage in any Internet activities that would violate the privacy rights of others; (ix) attempt to penetrate security measures of this Site or obtain or bypass others’ passwords; or (x) engage in denial of service attacks, or take actions designed to impair network access by flooding this Site or the Internet with useless traffic.

b. You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content on or through this Site that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy; (ii) infringes or violates any party’s copyright, trade-mark, trade secret, patent or other proprietary rights; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information not belonging to you, including without limitation any personal information belonging to minors;

c. You acknowledge and agree that you are solely responsible for your account and the security of your password relating to such account and that you will not disclose it to any third parties. In addition, you will promptly advise THATS IT of any unauthorized use of your password.

d. THATS IT makes no representation or warranties that materials in this Site are appropriate or available for use outside of the United States of America. If you are accessing this Site from outside of the United States of America., you are doing so on your own initiative and are responsible for compliance with applicable laws, if and to the extent applicable. The products referred to on this Site may not be available outside of the United States of America.

Your Materials
Messages submitted to this Site by electronic mail or otherwise, including without limitation any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and non-proprietary. By submitting a message to this Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and THATS IT other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights regarding Your Materials described below.

You may from time to time post information, materials, ideas, opinions, concepts, votes, know-how, techniques, creative ideas or any content (collectively “Your Material”) on this Site or transmit Your Materials to THATS IT through this Site. You understand and agree that THATS IT may, at its sole discretion, decide not to post Your Materials on this Site or make modifications to Your Materials prior to posting it. You further understand and agree that THATS IT assumes no responsibility for reviewing unsolicited ideas for its business (like product or advertising ideas) and will not incur any liability as a result of any similarities between your ideas and/or Your Materials and future THATS IT products or programs. This means that THATS IT has no obligation to treat Your Materials, including without limitation your idea submissions, confidentially. You hereby grant to THATS IT a worldwide, irrevocable, royalty-free, perpetual license to use, produce, reproduce, create derivative works from, modify, adapt, publish, translate, display, distribute, broadcast, communicate to the public by telecommunication or circulate Your Materials and to sub-license any such rights. You hereby waive all moral rights that you may have in Your Materials.

You represent and warrant that you are the author of Your Materials and that they do not infringe the intellectual property or other proprietary rights of any third party.

Contests and Coupons
This Site may run contests from time to time. All such contests will be subject to the applicable contest rules. By entering into the contest, you signify your agreement to the applicable contest rules as well as the terms set out in these Terms of Use.

CONTEST RULES:

OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF ENTRY.

By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may, at Sponsor’s discretion, result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects.

PROMOTION PERIOD

The Promotion Period begins when the promotion image is posted and ends when supplies run out or on the date stated in the promotion image.

ELIGIBILITY

This sweepstakes (the “Promotion”) is open only to legal residents of the 50 United States and the District of Columbia who are at least 18 years old as of the date of entry, except officers, directors, members and employees of the Sponsor, the judging organization (if applicable), or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals. This Promotion is void outside the 50 United States and the District of Columbia, and where prohibited.

HOW TO ENTER

Visit http://www.facebook.com/thatsitfruit and follow the instructions to complete and submit the entry form for the Promotion. If you do not have the requested social media account, you may enter by sending an email to giveaways@thatsitfruit.com with subject line THAT’S IT FRUIT INSTANT WIN, your full name, mailing address and email address. Your email will not be shown and will be kept private. All entries become the property of the Sponsor and will not be acknowledged or returned. Limit: one entry per person every 24 hours during the Promotion. Limit one prize per winner during the Promotion. In the event a winner is not able to view the form to submit the prize delivery information, the winner may send an email to winners@thatsitfruit.com with their full name, mailing address and winning voucher number. All winners will be verified. All entrant information, including email addresses, is subject to the respective Privacy Policy of the applicable Sponsor.

WINNER SELECTION AND NOTIFICATION

Winner selection for the promotion will be conducted at random. Any potential winner will be notified by mail, email and/or telephone. If a potential winner: (i) does not contact the Sponsor with their email and shipping address; (ii) does not respond within three (3) days from the date the Sponsor first tries to notify him/her; (iii) fails to return an Affidavit and Release; (iv) refuses the prize; and/or (v) the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared a “winner” of the Promotion.

PRIZE DESCRIPTION

The prize is as stated in the promotion image. TAXES. All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility.
ODDS OF WINNING. The odds of winning this Promotion depend on the number of eligible entries received.
NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted.

CONSENT AND RELEASE

By entering this Promotion, each entrant releases and discharges the Sponsor, judging organization (if applicable), and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries; death; damage to, loss of or destruction of property; rights of publicity or privacy; defamation; or portrayal in a false light)—collectively, “Claims.” Except where prohibited: (i) Acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner for editorial, advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse or possession of any prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release; and (iv) if prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such use of the prize. Affidavits and releases must be returned within five (5) days from the date that Sponsor first tries to notify the potential winner.

DISCLAIMERS

(i) Sponsor is not responsible for entries that are lost, late, misdirected, incorrect, garbled or incompletely received, for any reason, including by reason of hardware, software, browser or network failure, malfunction, congestion or incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institute) that is responsible for assigning email addresses for the domain associated with the submitted email address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the website or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or another automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify this Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify these Promotions based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) In the event this Promotion is canceled or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. (vi) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARDS TO THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The value(s) of the prize(s) set forth above represent Sponsor’s good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.

APPLICABLE LAWS AND JURISDICTION

This Promotion is subject to all applicable federal, state and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. All disputes arising out of or connected with these Promotions will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with an entrant’s participation in the Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

SPONSORSHIP

This Promotion is sponsored by That’s It Nutrition LLC, dba That’s It (the “Sponsor”).

All coupons provided on this Site are subject to the terms and conditions applicable to such coupons.

Intellectual Property
The materials displayed on or contained within this Site including, without limitation, all software, design, text, photographs, illustrations, games, audio clips, video clips, tools, artwork and other graphic materials, and names, logos, trade-marks and service marks and any other content (collectively the “THATS IT Materials”), are the property of THATS IT and/or its licensors and are protected by copyright, trade-mark and other intellectual property rights and laws. That’s it name and related marks are trade-marks of That’s it Nutrition, LLC. THATS IT design © That’s it Nutrition, LLC. All rights reserved.

THATS IT hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the THATS IT Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such THATS IT Materials. You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any THATS IT Materials to any third party (including, without limitation, the display and distribution of THATS IT Materials via a third party website) without the express prior written consent of THATS IT. Unless expressly permitted herein, any use of THATS IT Materials is only permitted with the express written permission of THATS IT and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.

Forward Looking Statements
This Site may contain forward-looking statements that are based on current expectations, estimates, forecasts and projections about the industries in which THATS IT operates and beliefs and assumptions made by the management of THATS IT. Such statements include, but are not limited to, statements with respect to THATS IT’s objectives and goals, as well as statements with respect to THATS IT’s beliefs, plans, objectives, expectations, anticipations, estimates and intentions. Words such as “expect”, “anticipate”, “intend”, “attempt”, “may”, “will”, “plan”, “believe”, “seek”, “estimate”, and variations of such words and similar expressions are intended to identify such forward-looking statements. These statements are not guarantees of future performance and involve assumptions and risks and uncertainties that are difficult to predict. In particular, these forward-looking statements are based on a variety of factors and assumptions including, but not limited to: the condition of the United States of America’s economy; the magnitude of the rate of change of the U.S. dollar; the availability and prices of raw materials, energy and supplies; product pricing; the competitive environment and related market conditions; improvement of operating efficiencies; continued access to capital; the cost of compliance with environmental and health standards; adverse results from ongoing litigation and no expected actions of domestic and foreign governments. THATS IT does not intend, and THATS IT disclaims any obligation, to update any forward-looking statements, whether written or oral, or whether as a result of new information, future events or otherwise except as required by law.

Disclaimer of Warranties
THIS SITE, ITS CONTENTS, THE THATS IT MATERIALS, AND ANY PRODUCTS, FUNCTIONALITIES AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. THATS IT MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THIS SITE, ITS CONTENTS, THE THATS IT MATERIALS OR SUCH LINKS, PRODUCTS, FUNCTIONALITIES AND SERVICES OFFERED OR CONTAINED HEREIN, AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, PRODUCTS, FUNCTIONALITIES OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, THATS IT DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

YOU UNDERSTAND AND AGREE THAT PRODUCTS DISPLAYED ON THIS SITE MAY NOT REFLECT ACTUAL PACKAGING.

Limitation of Liability
IN NO EVENT SHALL THATS IT AND ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY THATS IT MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY LINKS, PRODUCTS, FUNCTIONALITIES OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; YOUR ACCOUNT AND PASSWORD; FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, OR INABILITY TO USE THIS SITE WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT, CIVIL LIABILITY OR OTHERWISE AND EVEN IF THATS IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE AND YOUR MATERIALS. THATS IT SHALL NOT BE RESPONSIBLE FOR YOUR MATERIALS OR THE MATERIALS OF ANY OTHER USERS SUBMITTED TO THIS SITE.

Indemnification
You agree to indemnify and hold harmless THATS IT and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; (b) your use of this Site including without limitation transmission or placement of information or material by you on this Site; and (c) any claim or allegation that Your Materials infringe the intellectual property or other proprietary rights of any third party.

Termination
THATS IT may at any time and at its sole discretion terminate your right to use this Site.

Governing Law
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, and in each case the laws of the USA applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the State of California.

General
These Terms of Use constitute the entire agreement between you and THATS IT with respect to your use of this Site and supercede all previous agreements, understandings and representations relating thereto. No failure by THATS IT or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms of Use and all related documents are drawn up in English.

Last updated: May 2011