Terms of Service | Hungry Santa Trading Company

Hungry Santa Trading Company Terms of Service

To use our website, services, or to be eligible to purchase our products, you must agree to the following Terms of Service. Please read these carefully. These Terms of Service include, but are not limited to, the following which may affect your rights as a consumer:

Mandatory Mediation Clause and loss of specific legal rights for any party that breaches this clause,
Governing Law Clause,
Jurisdictional Clause which limits what courts you may use to bring legal action against the company,
Class Action Waiver, and
Limitations on legal rights, damages, and fees that may be awarded in legal cases against the Company.

For more information regarding our Alternative Dispute Resolution Process, including information regarding our Mandatory Mediation Clause, you may send certified mail to Hungry Santa Trading Company at:

1800 S Loop 288 STE 396 #176
Denton, TX 76205

with any questions you have and a request for more information.

Acknowledgment of Fairness and Voluntary Agreement

By using our website, purchasing our products, or accessing our services, you agree that the terms outlined in this document, including provisions regarding dispute resolution, mediation cost allocation, and limitations on liability, are fair, reasonable, and entered into voluntarily.

You further acknowledge that Hungry Santa Trading Company is a small business with limited resources, and that these provisions are intended to balance access to remedies and provide consumer protections while protecting the Company’s ability to operate and serve customers.

Effective Date:

September 10th, 2025

If our terms of service are changed, you will be required to read and agree to the Terms of Service via our clickwrap agreement upon your next visit to the site to continue using our service. This will serve to notify you of the change. We encourage you to read them carefully.

Table of Contents:

Section 1: Mandatory Mediation prior to pursuing litigation or arbitration

Section 2: Failure to Pursue Good Faith Mediation Prior to filing a Lawsuit or Pursuing Arbitration

Section 3: Limitations on Legal Rights and Damages

Section 4: Governing Law

Section 5: Jurisdiction and Venue

Section 6: Class Action and Collective Relief Waiver

Section 7: Use of Our Website, Services, and Products

Section 8: Our Return, Shipping, and Privacy Policies

Section 9: Dispute Resolution

Section 10: Intellectual Property

Section 11: Force Majeure

Section 12: Third Party Services and Disclaimer of Liability

Section 13: Limitations of Service

Section 14: Other Legal Provisions

Section 15: Indemnification

Section 16: Severability

Definitions

For the purposes of these Terms of Service (the “Terms”), the following definitions shall apply:

“Company”, “company”, “The Company”, “the company”, “us”, “we”, or “our”, refers to Hungry Santa Trading Company, its owners, affiliates, directors, officers, employees, agents, and authorized representatives.
“User”, “you”, or “your” “consumer” or “potential consumer” refers to any individual or entity who accesses or uses our website, places an order, or interacts with any of our services, products, or content, whether on behalf of yourself or a third party. This includes consumers, potential consumers, customers, browsers, and all visitors to the website.
“Website” refers to all web pages located at www.hungrysantatrading.com, including any subdomains or affiliated domains operated by the Company.
“Service”, “service”, “Services”, or “services” includes all features, tools, content, communications, customer support, checkout processes, order fulfillment, and other offerings provided by the Company, whether through the Website or by any other means.
“Product” or “Products” refers to all physical or digital goods made available for sale by the Company through the Website or other platforms.
“Order” refers to a transaction initiated by a user through the Website to purchase one or more Products or Services from the Company.
“Terms” refers to this Terms of Service agreement, including all incorporated policies, notices, and updates as amended from time to time.
“Content” means any text, images, data, video, audio, software, or other materials posted, uploaded, transmitted, or otherwise made available via the Website, whether by the Company or users.
“User Content” refers to any reviews, feedback, comments, submissions, or other content submitted by users to or through the Website or Services.
“Business Days” means Monday through Friday, excluding U.S. federal holidays.

Section 1: Mandatory Mediation Prior to Pursuing Litigation

This Mandatory Mediation process is designed to protect both Hungry Santa Trading Company, and you, from expensive and unnecessary legal expenses resulting from disputes or claims by either party. It encourages all parties to settle disputes in a quick and fair fashion. Agreeing to this Mandatory Mediation process is required if you wish to use our website, services, or purchase products from Hungry Santa Trading Company. It does not limit either party’s ability to file disputes in small claims court.

A. Mandatory Mediation

Prior to initiating any legal action or arbitration, you and Hungry Santa Trading Company agree to first attempt to resolve, through good faith mediation lasting no fewer than sixty (60) calendar days (unless both parties mutually agree in writing to conclude the mediation process earlier), any and all disputes, claims, or controversies arising out of or relating to any of the following (except to the extent this mandatory mediation clause is prohibited or unenforceable under applicable law):

Your use or attempted use of our website, products, or services;
Any transactions, returns, warranties, or refunds involving our services or products;
Any shipping, payment, delivery, or fulfillment policies, actions, or procedures;
Any advertising, marketing, or representations made about our website, services, or products;
Issues of accessibility or usability relating to our website, services, or products;
Our privacy practices, policies, or the handling of data and personal information; and
Any other matter directly arising from your interaction with our website, products, or services as a consumer or potential consumer.

This mediation requirement shall not apply to disputes that are properly filed in a small claims court of competent jurisdiction, provided that the matter remains exclusively in that forum and is not removed, transferred, or appealed to another venue that would otherwise trigger litigation under these Terms.

B. Good Faith Mediation

For this mediation requirement, “good faith mediation” means:

The initiating party must provide notice in writing, with proof of delivery, of intent to initiate mediation to the other party involved as provided in this document;
The initiating party must begin the mediation process by submitting a Request for Mediation as outlined in Section 1(D) of this document within fourteen (14) days of providing written notice of Intent to Initiate Mediation;
Scheduling the mediation within thirty (30) calendar days of submitting a Request for Mediation as outlined in Section 1(D) of this document, unless both parties agree otherwise in writing;
Attending mediation session(s) for a minimum of sixty (60) calendar days after the filing of a Request for Mediation, unless both parties mutually agree in writing to conclude the mediation process earlier;
Both parties must cooperate to select a neutral mediator with no known bias regarding the dispute, or agree in writing to allow the mediation service provider to appoint one.
Promptly sharing all relevant information and documents necessary to resolve the dispute;
Cooperating to identify key issues and explore settlement options honestly and constructively; and
Avoiding undue delays in scheduling, participation, or information exchange.
Avoiding efforts to unnecessarily increase mediation costs, travel costs, or other expenses for the other party.

C. Mediation Provider:

Unless it is determined that they are unavailable or unwilling to provide mediation for the dispute, mediation shall be administered by the American Arbitration Association (“AAA”) in accordance with its applicable mediation rules. The initiating party must file a mediation request with the American Arbitration Association within fourteen (14) calendar days of Hungry Santa Trading Company’s confirmed receipt of the written notice.

If American Arbitration Association is unavailable or unwilling to accept the case, the parties shall cooperate in good faith to select a mutually agreed alternative provider as described below. The parties must mutually agree in writing to an alternative mediation provider whose fees are equivalent or lower than American Arbitration Association’s fees for both parties involved in the dispute. No alternate provider shall be used without express written agreement by both parties.

D. Notice & Initiation Procedure:

To initiate mediation:

The initiating party must send written notice, with proof of delivery (e.g., certified mail), of intent to initiate mediation to Hungry Santa Trading Company at 1800 S Loop 288 STE 396 #176 Denton, TX 76205. This written notice should include intent to initiate mediation, and a description of the dispute and relief sought.
The initiating party must then submit a Request for Mediation to American Arbitration Association or, if unavailable, to a mutually agreed upon alternative provider as described in section 1(C) of this document within fourteen (14) days of providing written notice of Intent to Initiate Mediation, and pay the applicable fee, unless such a fee is paid or reimbursed by Hungry Santa Trading Company in accordance with Section 1(F) of this document.

E. Mediation Location:

Mediation shall, by default, be conducted virtually through the American Arbitration Association or the alternative selected provider. If either party submits a request in writing to the other party requesting in person mediation, the mediation shall be scheduled to take place in person at a location within fifty (50) miles of Hungry Santa Trading Company’s mailing address listed in Section 1(D).

F. Consolidation of Similar Claims

If two or more individuals assert substantially similar claims or disputes arising from the same or closely related facts, transactions, marketing practices, or alleged harms – including but not limited to complaints initiated by the same law firm, attorney, or coordinated representative – those claims shall, to the maximum extent permitted by applicable law, and in accordance with the discretion of the mediator or mediation service provider, be consolidated into a single mediation proceeding. If consolidation is denied by applicable law or at the discretion of the mediator, each claim may proceed individually.

The parties to any such claims agree to cooperate in good faith to facilitate joint mediation, and Hungry Santa Trading Company reserves the right to request consolidation before the selected mediation provider. Consolidation may include joint sessions or parallel mediations coordinated under a single timeline, mediator, or mediation agreement.

Nothing in this section shall be construed to require any party to waive their right to individual representation or relief. If consolidation is determined to be prohibited under applicable law for any individual, or it is determined by the mediator that consolidation creates undue prejudice to an individual, that individual’s mediation may proceed separately without affecting the consolidated proceeding of others.

G. Additional Consumer Protections:

To promote fairness and minimize potential harm to consumers during the mediation process, Hungry Santa Trading Company agrees to take reasonable, good faith measures to protect the rights and interests of any customer or potential customer who participates in good faith mediation in accordance with these Terms. Specifically:

Filing Fee Relief for Undue Burden
Hungry Santa Trading Company will cover the cost or reimburse the initiating party up to two hundred dollars ($200.00) for consumer mediation filing fees if such costs are found by a court of competent jurisdiction or the assigned mediator to present an undue financial burden or found to be unconscionable under applicable law.
Access to Product Information
If the initiating party notifies Hungry Santa Trading Company in good faith that, due to an error or action by Hungry Santa Trading Company, they were unable to access product descriptions, specifications, or other publicly available product information necessary to make an informed purchasing decision, the Company agrees to make a good faith effort to assist the consumer by providing such information upon request, in a reasonably accessible format. Such requests for accommodation should be included with the Notice of Intent to Initiate Mediation. Hungry Santa Trading Company may also, where reasonably possible, make adjustments to our website or service designed to improve the initiating party’s ability to access such information while mediation is ongoing.
Accommodations for the Initiating Party During the Mediation Process
If the initiating party notifies Hungry Santa Trading Company that the mediation process would impose an undue burden due to a legally protected disability, the Company will make a good faith effort to work with the mediator to provide reasonable accommodations, consistent with applicable law.
Right to Representation
All parties participating in our Mandatory Mediation Process have the right, at their own expense, to be represented by an attorney, representative, or spokesperson of their own choosing, subject to the rules of the mediation provider.
Right to Reasonable Cost
5.(a) Payment of Mediator

Participants in Alternative Dispute Resolution processes have a right to participate in such programs at a reasonable cost. Therefore, Hungry Santa Trading Company will pay the mediator’s fee in full, subject to mediator discretion and potential allocation if a mediation settlement is reached, except as detailed in Section 1 (g)(5)(b)

5.(b): Exceptions to Section 1(G)(5)(a):

To ensure the sustainability of our mediation program and protect against abusive legal activity, Hungry Santa Trading Company limits its obligation to cover mediator fees as follows:

1. Limitation of Mediator Fees:

In order to preserve our ability to offer these consumer protections, Hungry Santa Trading Company’s obligation to pay the mediator’s fee in full for disputes initiated by parties other than the Company is limited to $1,000 per initiating party or $2,000 in total mediator fees per calendar year, at which point, the Company will pay 60% of the mediator’s fees, and any parties initiating mediation shall pay the remaining 40%.

Should mediator fees paid by the Company exceed $3,000 in a single calendar year, Hungry Santa Trading Company will be exempt from paying further mediator fees, and all mediator fees will be the responsibility of the initiating party.

2. Similar Disputes:

If the initiating party is part of a group of substantially similar disputes, such as claims filed by or through the same legal counsel, law firm, advocacy organization, or involving nearly identical allegations, the Company may seek to consolidate such claims under Section 1(F), and may apply a combined mediation contribution cap of $2,000 per calendar year across the entire group.

3. Limitations for Repeat Claimants

The Company shall not be required to contribute more than $500 per year in mediator fees for any individual or entity that has initiated more than one legal or administrative complaint against the Company in the past 24 months, unless otherwise required by applicable law.

4. Release from Responsibility

If a court of competent jurisdiction determines that enforcing the cost-sharing provisions above would render the mediation provisions in Section 1 of these Terms unenforceable in whole or in part, Hungry Santa Trading Company shall be deemed to have acted in good faith and fulfilled its obligations under Sections 1 and 2 of these Terms. In this circumstance, the Company shall be released from any further duties or liabilities assigned to it in Section 1 and 2 of these Terms.

Likewise, if the mediation service provider determines that the cost-sharing provisions above would be unfair to the consumer and will not serve as mediator with such provisions in place, Hungry Santa Trading Company shall be deemed to have acted in good faith and fulfilled its obligations under Sections 1 and 2 of these Terms.
In such a case, the Company shall be released from any further duties or liabilities assigned to it in Section 1 and 2 of these Terms.

5. Discretion of the Company to Exceed limits

The Company may choose, at it’s discretion, to pay mediator fees beyond these limitations.

6. Acknowledgement of Fairness

By agreeing to these Terms or using our services, you acknowledge that the mediator fee arrangements described in this section are fair, reasonable, and necessary to preserve the Company’s ability to continue offering affordable services to consumers, do not place an undue burden on you, and are not unconscionable.
Right to Fairness
Participants in Alternative Dispute Resolution processes have a right to fairness. Upon request, Hungry Santa Trading Company will make a good faith effort to share resources where consumers can learn more about Alternative Dispute Resolution, and answer questions about our Terms of Service or the clauses contained within.Further, any consumer who is pursuing a good faith effort to participate in the Mandatory Mediation process, but needs more time to fulfill a time limited duty as listed in Section 1(B), may request a reasonable extension in writing to Hungry Santa Trading Company, and Hungry Santa Trading Company will make a good faith effort to honor the extension request, subject to the rules and availability of the mediator, in exchange for increasing the 60 day minimum participation requirement by an equivalent time period.

H. Severability

If any portion of this section is found to be unenforceable under applicable law, the remaining provisions shall remain in full force and effect. In such a case, it is the intent of the parties that a court or arbitrator enforce the remaining portions to the maximum extent legally permissible to uphold the purpose and intent of this section.

Section 2: Failure to Pursue Good Faith Mediation Prior to filing a Lawsuit or Pursuing Arbitration:

As a material condition of these Terms, neither you nor Hungry Santa Trading Company may initiate any lawsuit, arbitration, or other legal proceeding against the other without first complying fully and in good faith with the Mandatory Mediation procedures set forth in Section 1, including but not limited to:

Providing written notice with proof of delivery;
Filing a Request for Mediation with the required mediation provider; and
Participating in mediation for no fewer than sixty (60) calendar days or until both parties agree in writing to end the mediation process earlier.

A. Waiver of Right to Initiate Legal Proceedings
Both you and Hungry Santa Trading Company agree that good faith mediation as defined in Section 1 of this document is a mandatory and material prerequisite to initiating any lawsuit, arbitration, or other legal action regarding any dispute, claim, or controversy covered under these Terms.

If either party initiates any lawsuit, arbitration, or other legal action without first complying with the Mandatory Mediation process in good faith, that claim shall be subject to immediate dismissal upon motion by the other party. The initiating party agrees not to oppose such a motion on procedural or substantive grounds, nor to seek appeal or removal based on the enforcement of this provision.

This Waiver of Right to Initiate Legal Proceedings shall not apply to disputes that are properly filed in a small claims court of competent jurisdiction, provided that the matter remains exclusively in that forum and is not removed, transferred, or appealed to another venue that would otherwise trigger litigation or arbitration under these Terms.

B. Loss of Rights Due to Breach of Contract, Additional Remedies and Limitations
The Mandatory Mediation process outlined in Section 1 provides mutual protection for both you and Hungry Santa Trading Company, largely at the expense of the Company.

In the event that either party proceeds to initiate a lawsuit, arbitration, or other legal action without first completing, in good faith, the Mandatory Mediation process described in Section 1 of this document, the party initiating the legal action shall be found in noncompliance with this contract and the following alternative remedies and limitations shall apply:

C. No Right to Recover Attorneys’ Fees or Costs
The noncompliant party shall be barred from recovering attorneys’ fees, filing fees, expert witness fees, or any other litigation or arbitration-related costs, even if they prevail on the merits of their claim, unless such restriction is expressly prohibited by applicable law.

D. Limitation on Damages
The noncompliant party shall be prohibited from seeking or recovering punitive damages, statutory damages, or any form of enhanced, exemplary, or special damages arising from the underlying dispute, unless such restriction is expressly prohibited by applicable law.

E. Admissibility and Use of Clause Noncompliance
Any failure by the noncompliant party to comply with the mediation obligation may be admissible as evidence of bad faith and unreasonable conduct in any subsequent proceeding, including in any calculation or award of damages or costs.

F. Right to Request Dismissal and Recover Costs
The complying party shall have the right to request immediate dismissal or stay of any court or arbitration proceeding initiated in violation of this mediation clause, and the noncompliant party shall be responsible for all reasonable costs and fees associated with attempting to enforce the mediation requirement, including attorney’s fees.

G. Granting of the Right to Initiate Legal Action and Recoup Expenses
Further, if the noncompliant party proceeds to initiate a lawsuit, arbitration, or other legal action against the compliant party without first completing, in good faith, the Mandatory Mediation process described in Section 1 of this document, unless expressly prohibited by applicable law:

The noncompliant party agrees to waive their right to the protections and benefits offered to by the Mandatory Mediation Clause in Section 1 of this document;

The noncompliant party grants the compliant party the right to pursue legal action, without a requirement that they first seek mediation, to recover all damages caused by the noncompliant party’s breach of this contract, including but not limited to, mediation costs, attorney’s fees, court costs, travel expenses related to litigation, and expenses related to reasonable staff and administrative costs resulting from the breach of contract and subsequent legal actions, and;

The noncompliant party agrees to pay these damages.

H. Preservation of Additional Defenses and Remedies
The remedies set forth in this section are in addition to, and not in place of, any other defenses, rights, or remedies available to Hungry Santa Trading Company under law or equity. Hungry Santa Trading Company expressly reserves the right to raise any and all applicable defenses, including failure to exhaust administrative remedies, failure to satisfy a condition precedent, or breach of contract for failure to mediate in good faith.

J. Severability
If any portion of this section is found to be unenforceable under applicable law, the remaining provisions shall remain in full force and effect. In such a case, it is the intent of the parties that a court or arbitrator enforce the remaining portions to the maximum extent legally permissible to uphold the purpose and intent of this section.

Section 3: Limitations on Legal Rights and Damages

To the fullest extent permitted by applicable law, by using our website, services, or products, you agree that:

A. Waiver of Certain Damages
You waive any right to seek or recover punitive damages, exemplary damages, consequential damages, special damages, enhanced damages, or any other damages not measured by direct compensatory damages, even if Hungry Santa Trading Company has been advised of the possibility of such damages.

B. No Recovery of Attorneys’ Fees or Litigation Costs
You shall not be entitled to recover attorneys’ fees, expert witness fees, court costs, filing fees, or any other costs or expenses associated with litigation, arbitration, or other dispute resolution processes, unless otherwise required by law.

C. Limitation on Total Liability
The total liability of Hungry Santa Trading Company, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by you to Hungry Santa Trading Company for the goods or services giving rise to the claim during the twelve (12) months preceding the event that gave rise to the claim.

D. Acknowledgment of Fair Allocation of Risk
You acknowledge that these limitations are a reasonable allocation of risk and form an essential basis of the bargain between you and Hungry Santa Trading Company. Without these limitations, the pricing and availability of Hungry Santa Trading Company’s services and products would be substantially different.

E. Exceptions to Limitations:
Notwithstanding anything to the contrary in these Terms, the limitations and exclusions of liability set forth herein shall not apply to damages or liabilities arising from knowingly committed willful misconduct or intentional wrongdoing by Hungry Santa Trading Company, including but not limited to fraud, intentional misrepresentation, or acts taken with the intent to cause harm, or from gross negligence or reckless conduct demonstrating a substantial disregard for the safety or rights of others. For purposes of this provision, “willful misconduct” means a deliberate and conscious act or omission by Hungry Santa Trading Company with knowledge that such act or omission will likely cause damage or injury.

F. Severability
If applicable law prohibits any limitation in this section, such limitation shall be severed, and the remainder of the provisions shall remain fully enforceable.

Section 4: Governing Law
These Terms of Service and any disputes arising out of or relating to your use of our website, services, or products shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law principles.

If any portion of this section is found to be unenforceable under applicable law, the remaining provisions shall remain in full force and effect.

Section 5: Jurisdiction and Venue
You agree that any legal action or proceeding arising out of or relating to these Terms of Service, your use of this website, or any transactions, disputes, or claims involving Hungry Santa Trading Company shall be brought exclusively in:

The state courts located in Denton County, Texas, or
The federal courts located in the Northern District of Texas.

This includes, but is not limited to:

Any action to enforce or challenge the outcome of mediation;
Any dispute regarding the enforceability, validity, or interpretation of the Mandatory Mediation clause or these Terms;
Any legal proceeding arising out of or related to the facts or circumstances that gave rise to the original dispute;
Any request for injunctive, declaratory, or equitable relief.

The Mandatory Mediation process described in Section 1 may be conducted virtually or in a mutually agreed-upon location, and is therefore exempt from the above venue requirement only during the mediation process itself. However, any related legal action following the mediation, or arising from mediation, shall be subject to the exclusive jurisdiction and venue requirements above.

By using our services or agreeing to these Terms, you:

Irrevocably submit to the exclusive jurisdiction of the state and federal courts listed above;
Waive any objection to such venue on grounds of forum non conveniens, personal inconvenience, or any similar basis;
Agree not to initiate or transfer any claim to a jurisdiction other than those specified above;
Acknowledge that the choice of venue is a material term of this agreement and forms part of the consideration offered by Hungry Santa Trading Company.

If any portion of this section is found to be unenforceable under applicable law, the remaining provisions shall remain in full force and effect.

Section 6: Class Action and Collective Relief Waiver

To the fullest extent permitted by applicable law, you and Hungry Santa Trading Company agree that any dispute, claim, or controversy arising out of or relating to your use of this website, our products, services, communications, or any interaction with Hungry Santa Trading Company shall be resolved on an individual basis only, and not as a plaintiff or class member in any purported class, collective, coordinated, consolidated, mass, or representative proceeding.

A. Waiver of Class and Representative Actions

You expressly waive any right to participate in or bring a class action, class arbitration, collective action, private attorney general action, or any other representative proceeding against Hungry Santa Trading Company. No arbitration, mediation, or proceeding may be combined or consolidated with another without the prior written consent of all parties to the relevant actions or claims, except as explicitly provided for in the Mandatory Mediation Clause (Section 1) of these Terms.

B. No Mass Arbitration

To the extent permitted by law, neither you nor Hungry Santa Trading Company may participate in mass arbitration or coordinated filings of substantially similar arbitration demands that seek to circumvent the intent of this Class Action Waiver or the Mandatory Mediation process. If multiple arbitration demands are filed in violation of this section, Hungry Santa Trading Company reserves the right to seek an order from the arbitrator or a court requiring compliance with these Terms before any such arbitrations proceed.

C. Limited Exception for Non-Waivable Claims

If, after the exhaustion of all appeals, a court or arbitrator determines that applicable law precludes enforcement of this Class Action Waiver with respect to a particular claim, then only that specific claim may proceed on a class or representative basis, and solely to the extent required by applicable law. All other claims must proceed on an individual basis.

D. Severability

If any portion of this Class Action Waiver is found to be unenforceable under applicable law, that portion shall be severed and the remainder shall continue in full force and effect to the maximum extent legally permissible, preserving the parties’ intent to resolve disputes individually and not on a class basis.

Section 7: Use of Our Website, Services, and Products

By using our website, services, or products, you agree to comply with these Terms and all applicable laws and regulations.

A. Eligibility & Authorized Use

You confirm that you are at least eighteen (18) years old.
You may not use our services, nor our products, for any unlawful or unauthorized purposes, including violations of copyright, privacy, or other statutory rights.

B. Prohibited Activities

You may not use any program, software, application, bot, scraper, automated script, or any other third party tools to perform data collection, scans, automated scans, tests, or reviews of our website.
You may not upload or transmit viruses, malware, or other harmful code.
You may not infringe on intellectual property or proprietary rights, including by reproducing, duplicating, or reselling any part of the site without express permission.
Collect personal information about other users without consent.
Interfere with or circumvent any security measures.

Additional Prohibited Activities

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, defame, or slander others in violation of applicable law;
to submit false or misleading information which could damage the Company;
to perform actions that in any way affect the functionality or operation of the Service or of any related website;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, scan, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Service or any related website.

Violation of Section 7.B results in immediate revocation of your right to access the website, and immediate revocation of any rights to conduct business with, or purchase products from, the Company

C. Service Availability & Changes

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

D. Accuracy of Content

We do our best to provide accurate content, including product information, product descriptions, and product color presentations. We cannot guarantee that your computer monitor’s display of any color will be accurate. We are not responsible if we unintentionally, unknowingly, or mistakenly offer information or content on this site that is inaccurate, incomplete, or outdated.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

E. User Submissions

If you submit feedback, ideas, or comments (collectively, “Submissions”) voluntarily, you grant us an irrevocable, royalty-free, perpetual, worldwide license to use, edit, and distribute them without compensation or obligation to you.

We are not required to keep Submissions confidential or respond to them.

You warrant that your Submissions do not violate any third-party rights and contain no unlawful or harmful content.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation to:

(1) maintain any comments in confidence;

(2) pay compensation for any comments; or

(3) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, inaccurate, or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material. 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 and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

F. Products and Services

Certain products or Services may be available exclusively online through the website. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services 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 or Services that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

G: Orders, 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 will attempt to notify you by contacting the 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, resellers or distributors. 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.

H. Third Party Tools, Links, and Resources

We may provide you with access to third-party tools, links, and resources, over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. 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 websites. Please review carefully the third-party’s policies and practices and make sure you understand them before connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

I. Errors, Inaccuracies, and Omissions

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

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

J. Severability

In the event that any provision of this section 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 these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 8: Our Return, Shipping, and Privacy Policies

Our Company manages returns, shipping, and product warranties in accordance with our Return, Shipping, and Warranty Policies located at www.hungrysantatrading.com/warranty-returns/

Our Company manages user data in accordance with our Privacy Policy, located at www.hungrysanta.com/privacy-policy.

Section 9: Transaction Dispute Resolution

By placing an order through our website, you agree to first contact us to attempt to resolve any issues related to your purchase. You may contact us via email at help@hungrysantatrading.com. You acknowledge and agree that initiating a chargeback or payment dispute without first giving us a reasonable opportunity to address your concern may constitute a breach of these Terms.

If you initiate a chargeback without attempting to resolve the issue with us in good faith, we reserve the right to:

Challenge the chargeback with supporting evidence, including this agreement.
Pursue reimbursement through lawful means, including collection services or legal action, for any losses or fees incurred as a result of the chargeback.

This clause does not limit any rights you may have under applicable consumer protection laws. However, it does require that you communicate with us in good faith before initiating a chargeback. We encourage you to review our shipping, warranty, and returns policy.

Section 10: Intellectual Property

All content on our website, including trademarks, logos, graphics, and text, is our property or licensed to us. You may not use, reproduce, or distribute any of our intellectual property without our prior written consent.

Section 11: Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, labor disputes, technical failures, or other unforeseen events.

Section 12: Third Party Services and Disclaimer of Liability

We may use third-party services, tools, and platforms to provide or facilitate our products and services. We do not control these third parties and disclaim all liability arising from their acts or omissions. Your use of third-party services is at your own risk.

Section 13: Limitations of Service

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.

The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Hungry Santa Trading Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation 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 your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because 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.

Section 14: Other Legal Provisions

No Waiver: Our failure to enforce any term or right under these Terms shall not be deemed a waiver of that right or term.
No Agency: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.
Survival: Provisions relating to indemnification, limitation of liability, dispute resolution, and other sections that by their nature should survive termination will survive any termination or expiration of these Terms.
Limitation on Multiple Accounts: You may not create multiple accounts for the purpose of abusing promotions or offers. We reserve the right to suspend or terminate any such accounts.

Section 15: Indemnification

You agree to indemnify, defend and hold harmless Hungry Santa Trading Company and our parent, subsidiaries, affiliates, partners, officers, owners, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 16: Severability

In the event that any provision of these Terms of Service 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 these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.