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Terms of Service

Last Updated: July 2, 2025

OVERVIEW

This website, any webpages linking to this Agreement (as defined below), and all mobile versions of this website or such webpages (collectively, the “Site”) are operated by We Are The Chompians LLC d/b/a Chomps. Throughout this Agreement, “we”, “us”, “our”, and “Chomps” may refer to We Are The Chompians LLC d/b/a Chomps. We offer the Site, our mobile messaging program (“Mobile Messaging Program”), and all other information, tools, services, features, and functionality offered on or available from the Site (collectively, our “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices provided: (i) in Sections 1 through 20 on this page (these “Terms of Service”); (ii) in our Terms of Sale (as defined below); and (iii) if you chose to participate in our Mobile Messaging Program, pursuant our additional messaging terms and conditions provided below (our “Messaging Terms and Conditions”). Our Terms of Service, Terms of Sale, and Messaging Terms and Conditions, together with any other documents expressly incorporated by reference in them, are collectively referred to as this “Agreement.”

By visiting the Site, purchasing something from us, including any of our products or services (“Products”), registering an Account (as defined below), or using our Services, you agree to be bound by this Agreement. This Agreement applies to all users of our Services, including users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you are accessing or using our Services for on behalf of any person or entity, you agree, on behalf of yourself and such person or entity, to this Agreement, and you represent and warrant that you have the authority to bind such person or entity to this Agreement.

Please read this Agreement carefully before accessing or using our Services. This Agreement constitutes a binding agreement between Chomps and you (and any and person or entity that you represent in connection with the use of our Services) and governs all access to and use of our Services. If you do not agree to all the terms and conditions in this Agreement, then you must not access or use our Services.

THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS VARIOUS CONDITIONS, LIMITATIONS, AND EXCLUSIONS, INCLUDING LIMITATIONS OF LIABILITY IN SECTION 11 AND AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 16.

BY AGREEING TO THIS AGREEMENT, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS THAT YOU WAIVE YOUR RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

CONDITIONS TO USE

By agreeing to this Agreement, or otherwise using our Services, you represent that you are at least the age of majority in your state of residence (18 years old in most states), or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use our Services.

Our Services are controlled and operated by us from our offices within the United States and are not intended to subject us to the Laws of any state, country, or territory other than those of the United States, although our Services may be compliant with such Laws. If you do access or use our Services outside the United States, you are responsible for complying with all applicable local, state, federal, national, provincial, foreign, and international statutes, treaties, regulations, rules, orders, and other laws (each, a “Law”) with respect to such access or use.

OUR SERVICES; YOUR ACCOUNT

Ownership; Limited License

You acknowledge that our Services are protected by copyright or other proprietary rights Laws and that our Services and all intellectual property and proprietary rights in our Services, including copyrights, patents, trademarks, and trade secrets, are owned by us or our licensors. Your acceptance of this Agreement or access to or use of our Services does not transfer to you or any third party any right, title, or interest in or to our Services, except for the limited rights expressly provided in this Section 3. You are not permitted to use our trademarks, tradenames, service marks, trade dress, or logos, whether or not appearing on or in our Services, without our prior written consent, in each instance, and, if applicable, without the consent of our licensors.

We hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use our Services subject to this Agreement, including the restrictions set forth in Section 10 of these Terms of Service. Any use of our Services that is not expressly permitted in this Agreement is prohibited. Nothing contained in this Agreement will be construed as conferring any license or right under any of our or our licensor’s copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights, whether by implication, estoppel, or otherwise. There are no implied licenses.

Accounts

You may be required to register for or create an account on the Site (each, an “Account”) to use or access some of our Services. You acknowledge and agree that your Account is, and any passwords associated with your Account are, personal to you and you agree not to provide any other person or entity (other than a person or entity that you represent in connection with the use of our Services) with access to all or any part of your Account. You are responsible for maintaining the confidentiality of your Account and passwords and for any and all activities that occur under your Account, including any purchases, returns, or exchanges of Products. You agree to notify Chomps immediately after you become aware of or begin to suspect any unauthorized use or breach of security relating to your Account. If we have reason to believe that there is likely to be a breach of security or misuse of your Account or our Services, we may require you to change your login details, including any usernames or passwords associated with your Account.

You agree that all information you provide to us through your Account, including in connection with our Mobile Messaging Program, is complete, accurate, and up-to-date, and that you will update any information provided to us through your Account, including your name, email, phone number, billing and shipping addresses, and/or any other related information, promptly after any such information has changed. Without limiting anything in the Terms of Sale or in Section 11 of these Terms of Service, you agree that we may rely on the information you provide to us through your Account and that we are not responsible, and you will not hold us liable, for any inaccurate notifications or other communications, or billing or shipping fees, that we may send or charge to you based on such information.

You understand that any information you provide to us, including through your Account, but not including credit card information, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on or through our Services is not accurate, complete, or current. The material available on or through our Services is provided for general information only and should not be relied upon or used as the sole basis for making any decisions without consulting primary, more accurate, more complete or more timely sources of information. Without limiting Section 11 of these Terms of Service, any reliance on our Services or the material available on or through our Services is at your own risk.

Our Services may contain certain historical information, which may not be current and is provided for your reference only and may contain other errors or omissions. We may not update our Services on a daily or other regular basis and have no obligation to correct or update any such historical information, omissions, or other errors. Without limiting anything else in this Agreement, including in Section 11 of these Terms of Service, you agree that we will not be liable for historical information, errors, or other omissions included in our Services.

PRODUCTS; TERMS OF SALE

Certain of our Products may be available exclusively online through the Site. These Products may have limited quantities and are subject to the following policies, other information available on the Shipping & Returns page of the Site, and the terms and conditions provided in this Section 5 (collectively, the “Terms of Sale”):

Product Disclaimers and Changes

We have made reasonable efforts to display as accurately as possible the colors and images of our Products, but 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 anytime, in our sole discretion, however, for non-subscription-based orders, price changes made after the order is submitted and accepted will not apply to that order. Prices for subscription-based orders may change on a month-to-month or other periodic basis, in which case we will notify you prior to charging you the changed prices. The Product prices on the Site are in U.S. dollars and exclude sales tax, if applicable. We reserve the right to discontinue any Product at any time. We have used reasonable efforts to display all information on the Site accurately, however, we do not warrant or guarantee accuracy, and we are not responsible if Product descriptions, specifications, or pricing on our Site are not complete, accurate, reliable, current or error-free. If you become aware of an error, please call it to our attention by sending us a notice using the contact information included in Section 20 of these Terms of Service. We reserve the right to cancel any orders arising from such errors.

Orders

You agree that any order you place with us through the Site is an offer to sell the Products listed in your order under the terms and conditions of this Agreement, including the Terms of Sale. All orders must be accepted by us in order to become a binding obligation to sell you Products. We reserve the right to refuse any order you place with us. Once we accept an order, you cannot cancel or change the order without our consent. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. Any offer for any Product made on the Site is void where prohibited.

We may, in our sole discretion, limit or cancel quantities of any Products purchased per person, per household or per order. These restrictions may include orders placed by or under the same 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 you through your Account or through any contact information that you may have provided to us (including via e-mail and/or billing address/phone number provided at the time the order was made). We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, wholesalers, resellers, or distributors.

Accuracy of Your Information; Delivery Risks

You agree to provide current, complete and accurate purchase and Account information for all purchases made through the Site. 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.

You are solely responsible for providing us with a correct, safe shipping address accessible by common carriers in connection with your purchase of any of our Products, including during the checkout process or through your Account. You hereby release us from any and all liability if the delivery address provided is incorrect or if you fail to collect the order shipped to the delivery address provided. Title to and the risk of loss of Product(s) ordered transfers to you on delivery to the delivery address provided.

Payment Processing and Taxes

Our Site currently accepts credit cards issued by Visa, MasterCard, American Express, Discover, and others. We also accept Shop Pay, PayPal, Amazon Pay, Google Pay, and Venmo. Your credit card is charged as part of your order process. If the credit card issuer does not authorize payment to us for any reason, we are not liable for any delay or non-delivery of your order. You represent and warrant that you have the legal right to use any payment method you provide in connection with your order or purchase of our Products. By submitting your payment information, you authorize us, and any third party collecting payment information on our behalf, to provide your information to third parties to facilitate your requested transaction.

The amount of tax charged on your order will depend on the Product purchased and the destination of the shipment. Certain items may be exempt from sales tax, depending on applicable Laws. If this applies to your order, the final confirmation page will display any applicable sales tax charged. The sales tax charged will be calculated as part of your order process, and will reflect applicable state and local taxes. If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item, which can include shipping and handling fees.

We will attempt to collect applicable taxes where we’ve determined we have a duty to. We are not required to, and do not, collect taxes in all states or jurisdictions. You may have a duty to directly report and pay taxes if we do not collect such taxes. You acknowledge and agree that you are ultimately responsible for any use, ad valorem, and other applicable taxes and fees related to your order or purchase of our Products.

For more detail, please review the Shipping & Returns page of the Site.

Notice to California Consumers

Under California Civil Code Section 1789.3, California users may be entitled to the following consumer rights notice: If you have a question or comment about any purchases made on the Site, you may contact us using our “Contact Us” page and through our “Need Help” form or by writing to us at: We Are The Chompians, LLC, PO Box 851763, Minneapolis, MN 55485-1763; or by calling us at (833) 582-9010. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

THIRD-PARTY LINKS

We may provide you with access to third-party tools, content, products, and services via our Services (“Third-Party Links”). We neither monitor nor have any control nor input over any Third-Party Links. Third-Party Links available on or through our Services may contain content or materials that are not affiliated with us. Without limiting anything in Section 11 of these Terms of Service, we are not responsible for examining or evaluating the reliability or accuracy of any content or materials available on or through any Third-Party Links and we do not make any warranties regarding, and will not have any liability or responsibility for, any such content or materials, or for any other products or services of third-parties. We provide Third-Party Links only as a convenience, and the inclusion of any Third-Party Link does not constitute or imply our endorsement of such Third-Party Link, or any content, materials, products, or services offered on or through any Third-Party Link.

You acknowledge and agree that we provide access to all Third-Party Links “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. Without limiting Section 11 of these Terms of Service, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Links. Please review carefully the terms, conditions, policies, and practices governing such Third-Party Links (including the content and materials available on or through such Third-Party Links) and make sure you understand them before you use any Third-Party Links or engage in any transaction through such Third-Party Links. Complaints, claims, concerns, or questions regarding Third-Party Links should be directed to the third-party controlling such Third-Party Links.

We reserve the right to remove any Third-Party Links from our Services at any time in our sole discretion.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and provide our Services to you.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send any feedback, submissions, ideas, suggestions, proposals, plans, testimonials, reviews, questions, comments, notes, concepts, or other similar information or materials to us, whether online, by email, by postal mail, or through our Services, including on the Site or in connection with your Account or participation in our Mobile Messaging Program (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such Comments for any lawful purpose and that we shall be under no obligation to: (a) maintain any Comments in confidence or treat such Comments as proprietary to you; (b) pay compensation for any Comments; or (c) respond to or use any Comments.

You represent and agree that your Comments will not violate any right of any third-party, including any copyright, trademark, privacy, personality or any other intellectual property, personal, or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make, including for their completeness and accuracy. We take no responsibility and assume no liability for any of your Comments or the Comments of any third-party. You agree that you will not submit any information or ideas (including Comments) to us that you consider to be confidential or proprietary, whether through our Services or otherwise.

In addition, Chomps or our authorized collaborators may operate sweepstakes, contests, and promotions (each, a “Promotion”) through our Services. You should carefully review any official rules or other additional terms for each Promotion in which you participate, as they may contain additional important information about Chomp’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of those official rules or other terms conflict with these Terms of Service, the terms and conditions of those official rules or other terms for each Promotion will control for that Promotion.

DMCA

We respect the intellectual property rights of third parties and require others to do so as well. If you believe that your copyrighted work is, or other intellectual property rights are, being used on our Services in a manner that infringes your work, you must notify us as described in this Section and in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).

We will investigate notices of claimed copyright infringement and other intellectual property rights violations that we receive, and we will take necessary actions under the DMCA regarding any actual or threatened copyright infringement. To report such a claim, email our designated “DMCA Agent” at team@chomps.com with the subject line “DMCA Takedown Request”. You may also contact our DMCA Agent at: Attn: DMCA - Takedown Request, We Are The Chompians, LLC, PO Box 851763, Minneapolis, MN 55485-1763. This notice must be written and must contain all of the information included in 17 U.S.C §512(c)(3), which is also outlined at Section 512 of Title 17: Resources on Online Service Provider Safe Harbors and Notice-and-Takedown System | U.S. Copyright Office. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective.

If you believe that material posted on our Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our DMCA Agent, with the subject line “DMCA - Counter Notice.” You may also contact our DMCA Agent using the above address, with the Attention line providing “Attn: DMCA - Counter Notice.” Pursuant to the DMCA, the Counter Notice must be written and must contain all of the information included in 17 U.S.C §512(g)(3), which is also outlined at Section 512 of Title 17: Resources on Online Service Provider Safe Harbors and Notice-and-Takedown System | U.S. Copyright Office. The DMCA allows us to restore removed content if the party filing the original DMCA notice does not file a court action against you within 10 to 14 business days of receiving a copy of your Counter Notice.

Please be aware that if you knowingly and materially misrepresent that any material on our Services is infringing or was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy, in appropriate circumstances, to disable and/or terminate repeat infringer’s access to or use of our Services, including their Accounts.

PERSONAL INFORMATION; PRIVACY POLICY

Our “Privacy Policy” describes our policies and procedures regarding the collection, use and disclosure of your personal information when you access or use our Services, including if you purchase any of our Products, register an Account, participate in our Mobile Messaging Program, or otherwise submit any information to us through the Site. Our Privacy Policy tells you about your privacy rights and how the Law protects you. Please read our Privacy Policy carefully before using the Services.

PROHIBITED USES

In addition to other prohibitions set forth in this Agreement, you agree that you will not use, or assist others in using, our Products or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any Laws; (d) to infringe upon or violate our intellectual property or other rights or the intellectual property or other rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit to us or publish any false or misleading information; (g) for any obscene or immoral purpose; or (h) to impersonate or attempt to impersonate Chomps, or any of our parents, subsidiaries, or affiliates, or employees, or another visitor or user, or any other person, entity, or organization.

We may, but have no obligation to, monitor, edit or remove any content from our Services that we determine in our sole discretion violates any of the prohibited uses in this Section or is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or proprietary rights or this Agreement.

You also agree that you will not, and will not assist others to: (i) sell, resell, sublicense, transfer, or distribute our Services to any third parties, without our express prior written consent; (ii) provide, obtain, attempt to gain, or facilitate unauthorized access to our Services or any server or device connected to our Services; (iii) disable, overburden, damage, or impair our or our service providers’ servers or networks, including via a denial-of-service or similar attack; (iv) use any robot, spider, or other automatic device, process, or other means to crawl, scrape, or otherwise access our Services, for any purpose, including monitoring or copying any of the material on our Services or in connection with the development of any artificial intelligence or machine learning algorithm, system, or technology; (v) use or copy our Services in order to spam, phish, pharm, pretext, or engage in similar acts; (vi) interfere with or circumvent any security features on our Services; (vii) introduce into our Services or use our Services to store or transmit any viruses, Trojan horses, worms, logic bombs, spyware, or other malicious code that will or may be used in any way to affect the functionality or operation of our Services or any related websites, hardware, firmware, software, or equipment; (viii) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying structure, ideas, know-how, algorithms, or trade-secrets related to any portion of our Products or Services; (ix) modify, translate, or create derivative works of all or any portion of our Services; or (x) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property rights notices on or in our Products or Services.

Without limiting Section 14 of these Terms of Service, we reserve the right to terminate your use of our Services, your Account, or any related website for performing or engaging in any of the prohibited uses in this Section.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT: (A) YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE OR WILL MEET YOUR OR ANY OTHER PERSONS’ EXPECTATIONS; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) OUR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE ANY THIRD-PARTY LINKS AVAILABLE ON OR THROUGH OUR SERVICES OR THE CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT OR MATERIALS AVAILABLE ON OR THROUGH SUCH THIRD-PARTY LINKS.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY STATED IN OUR SATISFACTION GUARANTEE, OUR PRODUCTS AND SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR ARISING UNDER COURSE OF PERFORMANCE, COURSE OF DEALING, OR TRADE USAGE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

IN NO CASE SHALL WE OR OUR PARENTS, SUBSIDIARIES, OR AFFILIATES, OR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS (COLLECTIVELY, THE “CHOMPS PARTIES”) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM THIS AGREEMENT OR YOUR USE OF ANY OF OUR PRODUCTS OR SERVICES, INCLUDING FOR ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT OR MATERIALS IN OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR YOUR REMEDY FAILS IN ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, IN NO EVENT SHALL THE CHOMPS PARTIES’ AGGREGATE LIABILITY TO YOU (OR ANY PERSON, ENTITY, OR ORGANIZATION CLAIMING WITH, UNDER, OR THROUGH YOU) FOR ANY DAMAGES ARISING OUT OF OR RELATING TO OUR PRODUCTS, OUR SERVICES, OR THIS AGREEMENT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100 USD) OR THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTS GIVING RISE TO ANY LIABILITY, IF ANY.

Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, our liability shall be limited to the maximum extent permitted by Law.

You acknowledge and agree that, except as otherwise specifically set forth in Section 16 of these Terms of Service, no claim or action arising from or concerning this Agreement or your use of any of our Products or our Services may be brought later than one (1) year from the date the claim or cause of action first arose.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Chomps Parties from and against any claim, action, proceeding, cause of action, or demand, made by any third-party relating to any losses, fines, penalties, or other damages, including reasonable attorneys’ fees due to or arising out of: (a) your breach of this Agreement or the documents incorporated in it by reference; (b) your use of, or activities in connection with, our Products or Services; (c) your submission or our use of your Comments; or (d) your violation of any Law or the rights of a third-party, including any intellectual property or proprietary rights.

SEVERABILITY

In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable Law, and the unenforceable portion shall be deemed to be severed from this Agreement, and such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes, along with all definitions and any provisions of this Agreement that are, by their nature or express terms, intended to survive termination.

This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time by notifying us that you no longer wish to use our Products and Services, or when you cease using our Products and Services.

We reserve the right to suspend your access to or use of our Services, including your Account, for any reason at any time. We will use reasonable efforts to notify you of any such suspension, such as through your Account or through any other contact information that you have provided to us (including via email), as applicable. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision in this Agreement, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. In connection with such termination, we also reserve the right to deny you access to our Products and Services (or any part thereof, including your Account) and to take any other legal action necessary to protect our Products and Services and/or enforce our rights.

WAIVER; ENTIRE AGREEMENT; INTERPRETATION

Our failure to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision and no single waiver shall constitute any continuing waiver of any previously waived right or provision in this Agreement. All waivers must be in writing and signed by the Party waiving the applicable right or provision.

This Agreement and any policies or operating rules posted by us on the Site with respect to our Services constitutes the entire agreement and understanding between you and us and governs your use of our Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, any prior versions of this Agreement, subject to Section 17 of these Terms of Service).

Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party. The term “including”, and any variation thereof means “including without limitation” and variations of defined terms have the meaning the context requires. All headings in this Agreement are for convenience only and will not be considered when interpreting this Agreement. There are no third-party beneficiaries to this Agreement.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement, including the validity and enforceability of this Agreement, and all matters arising out of or relating to this Agreement, our Products, or our Services, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles, and the Federal Arbitration Act (“FAA”), as provided below. The United Nations Convention on contracts for the International Sale of Goods shall not apply to this Agreement.

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF, AND REQUIRES ALL DISPUTES TO BE SETTLED BY THE INFORMAL DISPUTE RESOLUTION PROCESS OUTLINED BELOW AND CONFIDENTIAL AND BINDING ARBITRATION. OTHER RIGHTS THAT YOU OR CHOMPS WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Binding Individual Arbitration.

In the event that there is a dispute, claim, or controversy between you and us, or between you and our licensors or any other third-party service provider acting on our behalf, arising out of or relating to our Products or Services, this Agreement, our Privacy Policy, or the breach, termination, enforcement, interpretation or validity of this Agreement or our Privacy Policy, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), such Dispute will be, to the fullest extent permitted by Law and applicable rules, determined by arbitration before one arbitrator, provided, however, that Chomps is not precluded from seeking remedies for excluded claims (as described below) and no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

“Dispute” will be given the broadest possible meaning permitted by Law. It includes any dispute or claim that: (a) arose before the existence of this Agreement; (b) is currently the subject of a purported class action litigation in which you are not a member of a certified class; and (c) may arise after the termination of this Agreement and our relationship with you our licensors or any other third-party service provider acting on our behalf. Dispute, however, does not include any of the excluded claims described below. The arbitrator shall decide all issues that relate to the scope, validity, and enforceability of this Agreement, including this agreement to arbitrate.

Mandatory Informal Dispute Resolution Process.

If you and Chomps have a Dispute, you and Chomps agree to make a good faith effort to informally resolve it. The party initiating the Dispute must send a written notice to the other party that describes the Dispute. The notice must include all of the following information: (a) the initiating party's contact information (including name, address, telephone number, and email address) (with their counsel's contact information, if represented); (b) sufficient information to enable the other party to identify any phone number(s), transaction(s), or Account(s) at issue; and (b) a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation for such relief. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented).

If you have a Dispute with us, you must send this notice, including all of the information referenced above, by email to: team@chomps.com; or by mail to: We Are The Chompians, LLC, PO Box 851763, Minneapolis, MN 55485-1763. If we have a Dispute with you, we will send this notice, including all of the information referenced above, to you at the most recent contact information we have on file for you (including as provided in connection with your Account or any order you may have made with us) or, if we do not have a mailing address on file, you authorize us to text you at the phone number we may have available to seek your mailing address.

For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we (and counsel, if you or we are represented) agree to negotiate in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request a telephone or video settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Chomps representative will personally attend (with counsel, if you or we are represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period.

If the Dispute is not resolved within 60 days after receipt of a completed notice (which period can be extended by agreement of the parties), you or Chomps may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to you or Chomps commencing any formal dispute resolution proceeding in arbitration or small claims court. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court at either party's election and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Nothing in this section limits the right of a party to raise the sufficiency of a notice or compliance with this Process or to seek damages for non-compliance with this Process in arbitration, including with a Process arbitrator. You or we may commence arbitration only if the Dispute is not resolved through compliance with this Process.

Arbitration Generally; Relief Available.

There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), as a court would, subject to this Section 16. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by Law and warranted by the individual claim(s).

Arbitration Proceedings and Rules, Including Provisions Governing Mass Arbitrations

The following rules and procedures shall apply to any arbitration conducted or commenced under this Agreement:

Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by the procedures in this Section 16. New Era ADR's Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/ (collectively, the “Rules”). Please review these Rules carefully because they may impact how your complaint is handled, and these procedures differ from those that would otherwise apply if you elected to pursue your claim individually in small claims court.

When you initiate arbitration, the only fee you are required to pay is New Era's consumer filing fee, which is currently a maximum of $300 for a consumer. All other fees or expenses charged by New Era ADR will be paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose). You are responsible for fees and expenses owed to your legal counsel, if any, unless the arbitrator determines that an award of attorney's fees is warranted under applicable Law.

New Era ADR's Rules include unique procedures for “Mass Arbitrations,” which are situations in which 5 or more cases are filed that arise out of common issues of law and fact and are brought by the same law firm or group of law firms. Mass Arbitration procedures are designed to provide for a more cost-effective resolution of disputes. Those Mass Arbitration procedures call for a limited number of cases to be treated as “bellwether” cases to be resolved on the merits earlier than other cases. The outcome of bellwether cases may be treated as precedent in evaluating the remaining cases. You understand and agree that these procedures for Mass Arbitrations will apply and that they are designed to (a) lead to the streamlined and cost-effective resolution of claims; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims; and (c) preserve the integrity of the arbitration process. You also understand and agree that by choosing to bring your Dispute as a part of a Mass Arbitration that the resolution of your Dispute might be delayed and ultimately proceed in court and not in arbitration. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and New Era ADR's resources.

If any provision of this Agreement is deemed by an arbitrator not to comply with the Minimum Fairness Standards published by New Era ADR and available at https://www.neweraadr.com/ then the Minimum Fairness Standards should be deemed to be incorporated by reference and any offending provision shall be deemed unenforceable.

The arbitrator shall be selected pursuant to New Era ADR's standard rank and strike process, as set forth in New Era ADR's General Rules and Procedures.

Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the state set forth above and the FAA.

By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (a) the dispute resolution provisions of this Agreement, including the Process; and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would.

The arbitrator may award any relief or remedy that would be available in a court of law, including attorneys' fees and punitive damages where permitted by statute and is permitted to apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.

The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions. In the event of a Mass Arbitration, the parties agree that, for the sake of efficiency, an arbitrator's written decision may address some or all of the cases jointly. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in Section 16 of the FAA.

Except as may be required by Law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in this Agreement, if Chomps makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to We Are The Chompians, LLC, PO Box 851763, Minneapolis, MN 55485-1763, 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 Chomps.

No class actions or juries.

YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND CHOMPS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE LAWS OF THE STATE SET FORTH ABOVE AND THE FAA. The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

Survivability; Jury Waiver.

If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of this Agreement.

Excluded Claims

You acknowledge and agree that any threatened or actual breach by you (or any person or entity that you represent in connection with the use of our Services) of the provisions in Sections 3, 5, 7, and 10, of this Agreement or in connection with any of our intellectual property or proprietary rights, will cause irreparable injury to Chomps for which monetary damages would be not be an adequate remedy. Accordingly, notwithstanding anything in this Agreement to the contrary, Chomps shall be entitled to seek injunctive or other equitable relief, without any obligation to post any bond, in any court of competent jurisdiction, to remedy or mitigate any such threatened or actual breach. The remedies set forth in this Section are in addition to, and not in lieu of any other remedies available to Chomps under this Agreement, at law, or in equity.

Future Changes to Dispute Resolution Section

Notwithstanding any provision to the contrary, you and we agree that if Chomps makes any future changes to this arbitration agreement (other than a change to the mailing or email address), you may reject any such change by sending us a notice signed by you within 30 days of the change via email to: team@chomps.com; or by mail to: We Are The Chompians, LLC, PO Box 851763, Minneapolis, MN 55485-1763. The written notice must include the following information: (a) your name, address, phone number, and email address, and (if applicable) your Account information; and (b) a statement that you wish to opt out of changes to the arbitration agreement. Such written notice constitutes an opt out of the change to this arbitration agreement, but you will remain bound by, and agree that you will settle, including by arbitration, any Dispute under, any prior version of the arbitration agreement to which you previously agreed.

CHANGES TO TERMS OF SERVICE

These Terms of Service are last updated as of the first date provided above. You can review the most current version of the Terms of Service at any time at this page.

Our Terms of Sale are last updated as of the date provided on our Shipping & Returns page. Please review that page carefully to ensure that you are aware of our most up-to-date Terms of Sale.

Our Messaging Terms and Conditions are last updated as of the date provided below. You can review the most current version of our Messaging Terms of Service at any time by reading the relevant terms provided below.

We reserve the right, at our sole discretion, to update, change, modify, or replace all or any part of this Agreement. If we make any material changes to this Agreement, we will notify you through reasonable means, such as through your Account or any other contact information that you have provided to us (including via email), as applicable, and by posting updates and changes to the Site. Any changes to this Agreement will be effective thirty (30) calendar days after we post the notice of the changes on our Site. All changes will be effective immediately for new users of our Services. Your continued use of or access to our Services following our notice of such changes also constitutes acceptance of those changes and your agreement to be bound by the terms and conditions of such changes. If you do not agree with any changed or updated version of this Agreement, you must not access or use and are prohibited from accessing or using our Services.

We may also, in the future, offer new services and/or features through our Services (including, the release of new tools and resources). Such new features and/or services shall also be subject to this Agreement and any other terms and conditions that we may provide.

FORCE MAJEURE

If any circumstance that is not under our reasonable control, including any natural disaster, war, terrorism, pandemic, labor strike, telecommunications outage, infrastructure failure, transportation delay, or act of governmental authorities (each, a “Force Majeure Event”) delays or prevents us from performing of any of our obligations to you, including as required under this Agreement, we shall be excused for the period of the delay caused by the Force Majeure Event and the period for performance shall be extended for the duration of the Force Majeure Event. For the avoidance of doubt, no delay or failure in our performance due to a Force Majeure Event shall be considered a breach of any of our obligations to you, including as required under this Agreement.

ASSIGNMENT

You may not assign this Agreement, or any rights granted or obligations required under this Agreement, to any other party without our prior written consent. We may freely assign this Agreement or any of our rights or obligations under this Agreement, without your consent and for any reason. Any attempt by you to assign your rights or obligations under this Agreement in breach of this Section shall be null and void. Subject to this Section, this Agreement shall be binding on and shall inure to the benefit of each of the parties’ respective successors and permitted assigns.

CONTACT INFORMATION

Questions about this Agreement, our Products or Services, or any other notices required or permitted under this Agreement, should be sent to us at team@chomps and to the below address:

We Are The Chompians, LLC

PO Box 851763

Minneapolis, MN 55485-1763

Messaging Terms and Conditions

Last Updated: July 2nd, 2025

We offer our Mobile Messaging Program, which you agree to use and participate in subject to the Agreement, including these Messaging Terms and Conditions, and our Privacy Policy.

By opting in to or participating in our Mobile Messaging Program, you accept and agree to these Messaging Terms and Conditions, including your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in Section 16 (Governing Law; Dispute Resolution) of our Terms of Service. In arbitration, there is less discovery and appellate review than in court. Please review carefully.

By opting in to or participating in our Mobile Messaging Program, you represent and warrant that you do so because of a genuine desire to receive discounts, promotions, and other news or information from us and not because of a desire or intent to initiate litigation or bring legal claims against any party. If you have requested to receive SMS with a desire to bring legal claims against us or any vendors acting on our behalf, then you must immediately unsubscribe using the instructions set forth below and agree to indemnify us and/or those vendors for any expenses, including attorneys' fees, associated with defending such claims.

These Messaging Terms and Conditions govern your participation in our Mobile Messaging Program and do not, and are not intended to, limit or narrow any other terms in the Agreement, including in our Terms of Service, Terms of Sale, or Privacy Policy that may govern the relationship between you and us in other contexts. Regardless of the opt-in method you utilized to join our Mobile Messaging Program, you agree that this Agreement applies to your participation in our Mobile Messaging Program.

  1. User Opt In.
    1. onsent to Receive Recurring Automated Messages. By selecting certain options on the Site, or otherwise using certain of our Services that we may make available, you may agree to receive recurring automated promotional and personalized marketing texts (e.g., SMS and MMS) messages (e.g. cart reminders) from Chomps, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up for our Mobile Messaging Program, including via your Account (if applicable), or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else's, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase, including of any of our Products. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.
    2. Consent to Receipt of Electronic Information and E-Sign. Notwithstanding anything herein to the contrary, you understand that applicable Law may require us to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing telephone calls and text messages. By opting-in to our Mobile Messaging Program, you authorize us to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing us at team@chomps.com. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access; and (ii) available storage space on that device to download a copy of this webpage of a connected printer to print a copy of this webpage.
    3. Disclosure of Data to Identify Device and Prevent Fraud. Further, you authorize the use or disclosure of information about your Account (to the extent applicable) and your wireless device, if available, by or to your wireless carrier, Chomps or our service provider(s), including Stodge Inc. dba Postscript, to help identify you or your wireless device when you opt-in to receive text messages from any Postscript customer and to endeavor to detect and prevent fraud. See our Privacy Policy for how we treat your data.
  2. User Opt Out. If you do not wish to continue participating in our Mobile Messaging Program or no longer agree to these Messaging Terms and Conditions, you agree to reply STOP to any mobile message from us in order to opt out of our Mobile Messaging Program. You may receive an additional mobile message confirming your decision to opt out. To the maximum extent permitted by Law, you understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP keyword command, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Chomps and its service providers will not have liability for failing to honor requests that are designed to circumvent the automated opt-out processes described above. You agree that other methods of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, may not be deemed to be reasonable methods of opting out. Our “Do Not Call Policy” is included below and is a part of these Messaging Terms and Conditions.
  3. Mobile Messaging Program Description: Without limiting the scope of our Mobile Messaging Program, users that opt into our Mobile Messaging Program can expect to receive messages concerning marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of goods and services, including with respect to our Products. Messages may include checkout reminders.
  4. AI-Generated Message Content: You are advised that from time to time we may utilize certain generative artificial intelligence (AI) services provided by third-parties to develop or suggest the content of messages that we choose to send to you. Some of these messages may be tailored to your interests based on information available to us. By enrolling and remaining in our Mobile Messaging Program, you agree to the use of AI and further that our use of these AI services does not make those third-parties either senders or initiators of the text messages or otherwise responsible for the messages.
  5. Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which our messages are sent.
  6. Support Instructions. For support regarding our Mobile Messaging Program, text "HELP" to the number you received messages from or email us at team@chomps.com. Please note that the use of this email address is not an acceptable method of opting out of the Mobile Messaging Program. Opt outs must be submitted in accordance with the procedures set forth above.
  7. MMS Disclosure. Our Mobile Messaging Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
  8. Our Disclaimer of Warranty. Without limiting anything in the Terms of Service, including in Section 11 (Disclaimer of Warranties; Limitation of Liability) of the Terms of Service, our Mobile Messaging Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with our Mobile Messaging Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.
  9. Supported Devices. Our Mobile Messaging Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Chomps, its service providers and the mobile carriers supporting our Mobile Messaging Program are not liable for delayed or undelivered messages.
  10. Prohibited Content: Without limiting anything in the Terms of Service, including in Section 10 (Prohibited Uses) of the Terms of Service, you acknowledge and agree to not send any prohibited content in connection with your participation in our Mobile Messaging Program, including to any number from which you receive a message . Prohibited content includes:
    • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
    • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
    • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
    • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
    • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act or the Health Information Technology for Economic and Clinical Health Act (; and
    • Any other content that is prohibited by applicable Law in the jurisdiction from which the message is sent.
  11. State Telemarketing Law - Residence: To the extent the Law is relevant and applicable to our Mobile Messaging Program, we endeavor to comply with applicable state telemarketing laws, including, but not limited to, the Florida Telemarketing Act and Florida Do Not Call Act, the Oklahoma Telephone Solicitation Act of 2022, the Maryland Stop the Spam Calls Act of 2023, New Jersey's Senate Bill 921 (2023), and the Virginia Telephone Privacy Protection Act. For purposes of compliance with these state laws, you agree that we may assume that you are a resident of a particular state if, at the time of opt-in to our Mobile Messaging Program, the area code for the phone number used to opt-into our Mobile Messaging Program is an area code associated with that state. Further, you agree that you will not assert that you are a resident of a state other than the state applicable to your area code unless you affirmatively advise us in writing that you are a resident of a specific state by sending written notice to us. Insofar as you are a resident of a state with an applicable telemarketing law, you further agree that any mobile messages sent by us in direct response to mobile messages or requests from you (including but are not limited to response to keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “commercial telephone solicitation phone call”, “telephonic sales call”, “telemarketing sales call”, “telephone solicitation”, or “unsolicited telemarketing sales call” for purposes of these state laws, to the extent the law is otherwise relevant and applicable.

Do Not Call Policy: Text Messaging

Regulatory Summary Regarding The Telephone Consumer Protection Act (TCPA)

The federal Telephone Consumer Protection Act (TCPA), related FCC regulations, and related court interpretations protect consumers from specific types of telemarketing. Under the TCPA “telemarketing” is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.” 47 C.F.R. § 64.1200(f)(13). The TCPA imposes requirements for cold calls, prerecorded sales calls, and the use of autodialers. The TCPA also authorized the creation of the National Do Not Call Registry as well as internal Do Not Call lists. Various states have also adopted their own telemarketing laws.

Chomps is committed to complying with federal and state Do Not Call Laws. This policy relates specifically to our compliance with those requirements for the purposes of sending text messages that constitute telemarketing. It is our policy to not send telemarketing text messages to:

  • Any telephone number for which we have not received prior express written consent, as defined by the Federal Communications Commission; and
  • Any telephone number on Our Internal Do Not Call List.

We will maintain an Internal Do Not Call list and will promptly honor a request made in a reasonable manner to place your telephone number Our Do Not Call list within a reasonable time of such request, not to exceed 10 business days from the date of said request. To be placed on Our Do Not Call list, you may:

  • Reply STOP to any mobile message from us in order to opt out of our Mobile Messaging Program. Any other language used may not be recognized by our system which may result in the request to opt-out not being processed.
  • Request to be put on our list by contacting customer service at team@chomps.com and providing your name and telephone number.

Your telephone number shall be retained indefinitely on Our Do Not Call list unless you subsequently provide new prior express written consent to rejoin our SMS list. If you change your number, you must request for the new number to be put on Our Do Not Call list.