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Terms of service

Carnivore Snax’s Terms of Service Agreement

Last Updated: November 10, 2025

Thank you for visiting carnivoresnax.com. The carnivoresnax.com website and its associated services (collectively, the “Website”) are provided by Carnivore Snax LLC, an Ohio Limited Liability Company (“Carnivore Snax”). Throughout the Website, the terms “we”, “us” and “our” refer to Carnivore Snax. Carnivore Snax offers this website, including all information, tools, services, and products available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website, creating a User Account, and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms,” or “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read this Agreement carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by this Agreement, and your use of our Website is expressly made conditional upon your acceptance of the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website, purchase products from the Website, or use our Services.

Any new products, and any new web features or tools, which are added to the current Website will also be subject to the Terms in this Agreement. You can review the most current version of this Agreement at any time on this page. We reserve the right to update, change, or replace all or any part of the Terms of this Agreement by posting updates and/or changes to our Website. Upon any update or change to this Agreement, we will provide notice to you via email, if your email address is on file with us. If your email address is not on file with us, or if you have opted out of email communications from us, it is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes your manifestation of assent to and acceptance of those changes.

Your use of the Website is also subject to our Privacy Notice, which is incorporated herein by reference. You must review our Privacy Notice to understand what personal and personally identifiable information we may collect from you when you use the Website, create a User Account, and/or purchase products from the Website, and how we may use that personal or personally identifiable information. This Website is not directed to children under the age of 13, and we do not knowingly collect personal information from such children.

NOTICE OF ARBITRATION. THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND Carnivore Snax WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

1. User Eligibility. The Website is open to use to those who are age eighteen (18) or above. By using the Website and otherwise engaging in our Services, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you expressly warrant that you have actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.

You may create a User Account by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the Website. You agree not to disclose your username or password to any third party. You agree that you are solely responsible for any activities or action taken under your account, whether you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account on our Website.

2. Intellectual Property Rights. The Website and its associated trademarks and content are owned and used by Carnivore Snax, including, but not limited to, our CARNIVORE SNAX trademark.

Any use of the Website, its associated trademarks, or its content without the prior written approval of Carnivore Snax is prohibited. The selection, arrangement, and layout of the Website is the sole and exclusive property of Carnivore Snax, and any unauthorized copying, public display, public performance, distribution, or derivation, whether in whole or in part, is expressly prohibited. The designs on our products are also wholly owned by Carnivore Snax and are protected by the Copyright Laws of the United States.

3. User Generated Content. We may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Website including, but not limited to, product reviews (“User Feedback”). You may also send certain specific submissions per our request (for example, contest entries or promotional submissions) or, if without a request, you may send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (“User Comments”) (User Feedback and User Comments are collectively “User-Generated Content”).

You warrant that your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights.

By submitting User-Generated Content to us, you grant us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Services. By submitting User-Generated Content to us, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted to us. When posting User Feedback to the Website, you warrant that your User Feedback will be accurate, truthful, non-deceptive, and complete.

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Comments that you forward to us. We are and shall be under no obligation (1) to maintain any User Comments in confidence; (2) to pay compensation for any User Comments; or (3) to respond to any User Comments.

We assume no responsibility, and cannot be held liable for, User-Generated Content or the conduct of any users that submits User-Generated Content to us.

4. Copyright and DMCA Policy. Carnivore Snax will take down works in response to Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will terminate a user’s access to the Website if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please submit a written notice to our designated copyright agent at:

Carnivore Snax LLC
7801 N. Central Drive STE D
Lewis Center, OH 43035

Or email our designated agent at info@carnivoresnax.com with the subject line DMCA TAKEDOWN NOTICE.

For us to process your infringement claim regarding content on the Website, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. Your takedown notices and/or other intellectual property infringement claims must be properly formatted and must include, without limitation, the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works);

(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Website;

(d) the name, address, telephone number and email address (if available) of the complaining party;

(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For more information about compliant DMCA notices and counter-notices, please visit http://www.copyright.gov/.

Upon receipt of a valid notice, we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on the Website and can also contact you to resolve any dispute.

It is our policy to: (a) remove or disable access to material that we believe in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Website; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Website by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Carnivore Snax will terminate the accounts of users that are determined by us, in our sole discretion, to be repeat infringers.

5. Acceptable Use Policy. When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by Carnivore Snax for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

a. Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by Carnivore Snax through a separate, written agreement (this restriction does not apply to search engines that comply with our robots.txt file);

b. Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with our robots.txt file);

c. Circumventing the technological protection measures of the Website;

d. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;

e. Disrupting or otherwise interfering with the Website or its associated servers or networks;

f. Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;

g. Diverting or attempting to divert customers of the Website to another website or service;

h. Sending unsolicited or unauthorized communications to users of the Website or third parties;

i. Transmitting content to the Website that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;

j. Reverse engineering, decompiling, translating, or disassembling the Website or its content; and

k. Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

We reserve the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. We also reserve the right to refuse service or access to the Website to any person or business entity at any time and without notice.

6. Pricing and Product Availability. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and may not be available from time to time. Most products displayed on this Website can be ordered and delivered within the U.S. as well as overseas. In the event that you place an order that cannot be delivered overseas in whole or part, you will be notified via email.

We have made every effort to display as accurately as possible the colors and images of our products that appear on our Website. We cannot guarantee that your computer monitor's display of any color will be accurate.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

All prices quoted on this Site are in U.S. Dollars. We have no control over and make no guarantees with regard to exchange rates and fees that may be used by financial institutions outside the continental U.S. for orders placed through them.

7. Consumer Rights Information. Pursuant to California Civil Code Section 1789.3, if this site charges you for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:

Carnivore Snax LLC
7801 N. Central Drive STE D
Lewis Center, OH 43035

Or emailed to us at info@carnivoresnax.com. 

8. Ordering and Payment. Payment for all products purchased through the Website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and us until we accept your invitation to deal by performance, specifically, by shipping the ordered goods. Pricing errors will not constitute a contract between you and us, and we strive to quickly correct any pricing errors on the Website when discovered. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Carnivore Snax is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by our payment processor. You agree that you will not initiate any chargebacks to Carnivore Snax unless otherwise authorized by us in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Carnivore Snax.

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to any item purchased through our Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

9. Subscriptions and Automatic Renewal. We may offer certain products for purchase through recurring subscription plans (“Subscriptions”). By enrolling in a Subscription, you authorize us to automatically charge your selected payment method on a recurring basis for the products and frequency you select, until you cancel.

Automatic Renewal and Billing.

Your Subscription will automatically renew at the end of each billing cycle (e.g., monthly or as otherwise stated at checkout) unless you cancel before the renewal date. The renewal price will be the same as the original price unless we notify you in advance of a change. You authorize Carnivore Snax (and our payment processor) to charge the total amount due, including applicable taxes and shipping, to your payment method on file for each renewal.

Advance Notice of Renewal.

Where required by law, we will provide clear advance notice of the renewal and any material changes in pricing, terms, or cancellation procedures.

Cancellation.

You may cancel your Subscription at any time by logging into your account and following the cancellation instructions, or by contacting us at info@carnivoresnax.com with your name, account email, and order number. Cancellations take effect at the end of the current billing period, and you will continue to receive any products already paid for. No partial refunds will be issued for unused portions of a billing period.

Updating Payment Information.

You agree to maintain accurate billing and payment information. If a payment fails, we may suspend or cancel your Subscription until valid payment information is provided.

Modification or Termination of Subscriptions.

We may, with advance notice, change the terms of any Subscription or discontinue offering Subscriptions at any time. Any such changes will apply prospectively and will not affect charges already incurred.

10. Taxes. You agree that You will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of and/or purchase of goods through the Website. Carnivore Snax will report as income all payments received from you to us to all proper taxing authorities.

11. Refunds, Exchanges and Shipping. At Carnivore Snax, we stand behind the quality of our products and value your satisfaction. Our return policy is designed to be fair and flexible, but we kindly ask that it’s respected in return. And given what we sell—food—we cannot accept returns in certain cases. We will return any damaged products for a full refund, but we do not replace, refund, or exchange product simply due to not liking the taste/texture.

More details regarding our refund and cancellation policies can be found on our Refund Policy webpage, which is incorporated into this Agreement in full. To ensure a great experience for all our customers, we reserve the right to decline returns from individuals who misuse or take advantage of our return policy.

Shipping is limited to the United States.

12. Tell-a-Friend. From time to time, we may offer referral or “Tell-a-Friend” programs that allow existing customers (“Referrers”) to invite new customers to make purchases on the Website in exchange for discounts, credits, or other promotional benefits (“Referral Rewards”). Participation in any referral program is voluntary and subject to these Terms and any additional terms described in the applicable offer.

Referral Rewards are issued solely for legitimate, personal, non-commercial referrals. Each invitation code may be redeemed only once per referred customer and may not be sold, duplicated, transferred, or made public. We reserve the right to limit the number of Referral Rewards you may earn, modify or terminate the referral program at any time, and void or cancel any Referral Reward obtained through fraud, misuse, or violation of these Terms. Referral Rewards have no cash value, are non-refundable, and may not be exchanged for money.

If a referral program is discontinued or modified, any unredeemed Referral Rewards will expire as stated in the applicable offer or, if none is stated, ninety (90) days after discontinuation of the program.

13. Coupons. We may periodically issue coupons, promotional codes, or other special offers (“Promotions”). Promotions are subject to the specific terms stated in the promotional offer and to the following general conditions:

a. Each Promotion is valid only during the time period and on the terms expressly stated in the offer.

b. Promotions may not be combined, are non-transferable, and have no cash value.

c. Unless otherwise specified, each Promotion may be used only once per customer and only at the time of purchase; partial redemptions are not permitted.

d. Promotions are void where prohibited and may be revoked or canceled at any time if obtained through misuse, fraud, or technical error.

e. If an order paid with a Promotion is canceled, returned, or refunded, the value of the Promotion will not be reinstated or refunded.

We reserve the right to interpret and administer all Promotions in our sole discretion and to correct any typographical, pricing, or system errors affecting Promotions.

14. Accuracy of Billing and Account Information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

15. Third-Party Websites. You acknowledge and agree that the Website may contain links to third-party websites or content that Carnivore Snax does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Carnivore Snax will not be responsible for websites not under the ownership or control of Carnivore Snax.

16. Errors and Omissions. Occasionally there may be information on our Website or our packaging that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Carnivore Snax reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

17. Term and Termination. The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) we terminate your access to the Website; or (ii) you cease using the Website. We reserve the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.

18. Disclaimer of Warranties and Limitation of Liability.

a. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT Carnivore Snax WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND IN ACCORDANCE WITH THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF BOARDROOM SOCKS ARISING OUT OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID BY YOU FOR SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

b. OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Carnivore Snax, AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF Carnivore Snax OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

c. CARNIVORE SNAX WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.

19. Indemnification. You agree to indemnify, defend, and hold harmless Carnivore Snax, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your purchase of products through the Website; (iii) your use or misuse of products obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend Carnivore Snax will not provide you with the ability to control Carnivore Snax’s defense, and Carnivore Snax reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

20. Choice of Law and Stipulation to Jurisdiction.

a. You and Carnivore Snax agree that any dispute arising out of or related to this Agreement or your use of the Website, including, but not limited to, your purchase or use of products through the Website, will be governed by the laws of the state of Ohio, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and Carnivore Snax agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, shall be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Expedited Arbitrations” by a professional neutral(s) with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. 

b. This arbitration will be conducted in the English language. The decision of the Neutral will be final and binding on the parties and judgment on any award(s) rendered by the Neutral may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The Neutral shall award all fees and expenses, including reasonable attorney's fees, to the prevailing party. Any judgment rendered by the Neutral may be entered in any court of competent jurisdiction.

c. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THIS WEBSITE OR PRODUCTS OFFERED THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND BOARDROOM SOCKS EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN OR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

d. Any claims must be brought within one year of each applicable invoice or will otherwise be barred.

e. Any claims not subject to arbitration under this Agreement must be brought in Delaware County, Ohio and will be governed by the laws of the state of Ohio without regard to its conflict of laws rules. By using the Website and agreeing to these terms, you waive any argument regarding improper venue. 

21. Force Majeure. Carnivore Snax will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond our control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, supplier delays, strikes, labor disputes, or other accidents.

22. Survivability. The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend Carnivore Snax.

23. Interpretation. This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

24. Assignment. You are expressly prohibited from assigning your rights and duties under this Agreement. We reserve the right to assign our rights and duties under this Agreement, including in a sale of Carnivore Snax or the Website.

25. Waiver and Integration. No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.

 

Carnivore Snax Messaging Terms & Conditions:

By using our Services, you agree to receive recurring automated promotional and personalized marketing (e.g. cart reminders) text messages from Carnivore Snax, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Text the keyword STOP to unsubscribe.

Message frequency will vary. Carnivore Snax reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Carnivore Snax also reserves the right to change the shortcode or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Carnivore Snax, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to Carnivore Snax's Terms of Use and Carnivore Snax's Privacy Policy. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Cancellation:

Text the keyword STOP, CANCEL, or UNSUBSCRIBE to our phone number to cancel. After texting STOP, CANCEL, or UNSUBSCRIBE to our number you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, CANCEL, or UNSUBSCRIBE keyword commands and agree that Carnivore Snax and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Carnivore Snax through any other programs you have joined until you separately unsubscribe from those programs.

Help:

Text the keyword HELP to our number to return customer care contact information.

Customer Care:

If you are experiencing any problems, please contact us at {support email address, toll-free number and/or support URL}.

Privacy:

If you have any questions regarding privacy, please read our privacy policy: https://www.iubenda.com/privacy-policy/16145621

Contact:

This message program is a service of Carnivore Snax LLC, located at 7801 N. Central Drive STE D, Lewis Center, OH 43035.

Dispute Resolution for Mobile Terms only:

General

In the interest of resolving disputes between you and Carnivore Snax in the most expedient and cost-effective manner, you and Carnivore Snax agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Carnivore Snax or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Carnivore Snax or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Carnivore Snax ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

Exceptions

Notwithstanding subsection 'General' above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Carnivore Snax to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

Arbitrator

Any arbitration between you and Carnivore Snax will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Carnivore Snax. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice; Process

If you or Carnivore Snax intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Carnivore Snax address for Notice is: 7801 N. Central Drive STE D, Lewis Center, OH 43035. Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Carnivore Snax will make good faith efforts to resolve the claim directly, but if you and Carnivore Snax do not reach an agreement to do so within 30 days after the Notice is received, you or Carnivore Snax may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Carnivore Snax must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

Fees

If you commence arbitration in accordance with these Messaging Terms, Carnivore Snax will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Carnivore Snax for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Carnivore Snax agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Carnivore Snax made within 14 days of the arbitrator's ruling on the merits.

No Class Actions

YOU AND Carnivore Snax AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Carnivore Snax agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision

Notwithstanding anything to the contrary in these Messaging Terms, if Carnivore Snax makes any future change to this arbitration provision, other than a change to Carnivore Snax address for Notice, you may reject the change by sending us written notice within 30 days of the change to Carnivore Snax address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Carnivore Snax.

Enforceability

If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection 'Modifications to this Arbitration Provision' above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

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