Last Updated: March 5, 2025

Welcome to the FITCRUNCH (“fitcrunch.com”) website. PERVINE FOODS, LLC. provides this website (“fitcrunch.com”) and the services provided by or through this website to you are subject to the following Terms and Conditions. If you visit the fitcrunch.com website, you accept these Terms of Use. If you do not agree to be bound by all of these Terms of Use, please do not use or access this site.

Nothing stated or presented on this site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding an exercise regimen, medical condition, your diet, nutritional supplements or any other matter related to your health and well-being.

Electronic Communications
When you visit fitcrunch.com or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

FITCRUNCH may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on the FITCRUNCH site.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice. The information provided and the opinions expressed in this website represent the views of the authors and contributors.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. We are not liable for any inaccuracies or errors.
• Your use of any information or materials on this website is entirely at your own risk, it is your responsibility to check that the information available meets your requirements.
• This website contains content which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
• Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
• FITCRUNCH reserve’s the right to refuse, suspend or cancel your access to the site at any time and without notice.

License and Site Access
FITCRUNCH grants you a limited license to access and make personal use of this site and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of FITCRUNCH. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of FITCRUNCH. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FITCRUNCH without FITCRUNCH’s express written consent. You may not use any meta-tags or any other hidden text utilizing FITCRUNCH’s name or trademarks without the express written consent of FITCRUNCH. Any unauthorized use terminates the permission or license granted by FITCRUNCH.

Please Note: Our website uses technology called cookies to improve your experience. One of the cookies we use is essential for parts of our website to operate and you may have already been set. You may delete and block all cookies from this site, but parts of may not work.

Cookie Notice
We use cookies to operate our websites, to understand how visitors use our websites and to track your interaction with our newsletters. We will update this Notice if change the cookies we use.

What is a cookie?
Cookies are text files, which contain information about your Internet usage that is held in your browser or on your computer’s hard drive. There are different types of cookie: some are essential for the site to operate properly, whereas others are aimed at enhancing and personalizing your user experience. Cookies can help us to understand how consumers are interacting with our website, which helps us to improve our site and to deliver a better service to you.

What types of cookies do we use?

1. Strictly Necessary Cookies
   These cookies are essential to enable you to move around the website and use its features. Without these cookies, we cannot provide some of the basic functionalities of our website.
2. Performance Cookies
   These cookies generally collect information about how visitors use our website, for instance which pages visitors go to most often, and the pages that they don’t. This helps us to understand and improve the site, so it is easy to use and includes helpful content. They also allow us to fix bugs or glitches on the website. These cookies don’t collect information that identifies visitors, so we can’t identify you individually. We use Google Analytics to track usage of our websites and interaction with our newsletters. For example, to see what content you click on, so we can analyze what content is of most interest to our audience.
3. Functionality Cookies
   These cookies allow our website to remember the choices you make as you browse the site. They provide more enhanced and personal features. The information collected is anonymized and they cannot track your browsing activity on other sites once you leave our site.
4. Advertisers
   Fitcrunchbars.com also uses 3rd party vendor re-marketing tracking cookies, including the Google Adwords tracking cookie. This means we will continue to show ads to you across the Internet, specifically on the Google Content Network (GCN). As always we respect your privacy and are not collecting any identifiable information through the use of Google’s or any other 3rd party remarketing system. We may allow third parties to use Cookies through the Service to collect the same type of information for the same purposes as we do. Third parties may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use. Additionally, we may share non-personally identifiable information from or about you with third parties, such as location data, advertising identifiers, or a cryptographic hash of a common account identifier (such as an email address) to facilitate the display of targeted advertising.

How To Turn Off Cookies
You can turn cookies off at any time, by going into your browser settings, however this may have a detrimental effect on your user experience. If you are happy to continue letting us use cookies in the ways set out in this Notice, to help us guide our work, then you need not do anything. If you would like more information about tailored browser advertising and how you control cookies from being put on your computer to deliver tailored advertising, you may visit the Digital Advertising Alliance’s or https://www.networkadvertising.orgwebsites. You can also control advertising cookies from Google by using its Ads Preference Manager. Please note, however, that to the extent advertising technology is integrated into the Services, you may still receive advertisements even if you opt-out of tailored advertising and that some parts of our Services will not function properly or be available to you if you refuse to accept a cookie or choose to disable the acceptance of cookies.

Disclaimers and Limitation of Liability
As a user of this site you expressly agree that use of this site is at your sole risk. Neither FITCRUNCH, nor its affiliates or subsidiaries, nor any of their officers, directors, employees, representatives or agents, nor Providers warrant that this site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on this site or the results that may be obtained from the use of the information provided on this site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this site. FITCRUNCH and its affiliates and subsidiaries, and their officers, directors, employees, representatives or agents are collectively referred to as “FITCRUNCH.”

FITCRUNCH does not endorse, recommend or sponsor and is not affiliated with any individuals or entities listed or linked to on this site unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. You are advised to exercise your own further informed review, judgment and evaluation in the selection of any and all medical professionals and health information.

THIS WEBSITE IS PROVIDED BY FITCRUNCH ON AN “AS IS” AND “AS AVAILABLE” BASIS. FITCRUNCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FITCRUNCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL FITCRUNCH OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THIS WEB SITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THIS SITE, EVEN IF FITCRUNCH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FITCRUNCH‘S LIABILITY EXCEED $500.00. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FITCRUNCH, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall FITCRUNCH or any other party involved in creating, producing, or distributing this Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Web site, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this site’s records, programs, or services. You acknowledge that this paragraph shall apply to all content, merchandise, and services available through this Web site. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

Right to Access

CALIFORNIA CONSUMERS ONLY: Your California Privacy Rights

This Privacy Rights Act Notice ("Notice") provides additional information to California residents whose personal information is collected by us pursuant to California law, including the California Consumer Privacy Act ("CCPA"), as amended by the California Privacy Rights Act (together with the CCPA, "CPRA"). The purpose of this section is to inform California residents from whom we may collect personal information about certain rights California affords to its residents with respect to personal information. If you are not a California resident, this Notice does not apply to you. 

Right to Know About Personal Information Collected, Disclosed or Sold And Shared

You have the right to request that we disclose to you the following information about personal information we collect from you:

• Categories of personal information collected;
• Categories of sources of personal information collected;
• The business or commercial purpose for collecting or selling personal information;
• The categories of third parties with whom we share personal information;
• the categories of personal information that we have sold, and for each category identified, the categories of third parties to whom we have sold that particular category of personal information;
• the categories of personal information that we have disclosed for a business purpose, and for each category identified, the categories of third parties to whom we have disclosed that particular category of personal information; and
• the specific pieces of personal information we have collected about you.

Requests to Know

To make a request for any of the information set forth above (a "Request to Know"), please submit a verifiable consumer request pursuant to the instructions below. You may only make a Request to Know twice within a 12-month period. We will acknowledge your Request to Know within 10 business days and will attempt to respond substantively within 45 calendar days. There may be circumstances where we will need an additional 45 calendar days. If we need additional time, we will provide you with notice and an explanation of the reason why we need more time.

The Request to Know must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected, sold or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. If we cannot verify your identity, we will not be able to respond to your request.

You can make a Request to Know the personal information we have about you in the following ways:

• You may make a request here: help@fitcrunch.com 

Once we receive your Request to Know, we will begin the process to verify that you are the person that is the subject of the request (the "Verification Process"). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. You will be asked to provide us with two or three pieces of information that will help us to verify your identification.

Information Collected

In the preceding 12 months, we have collected the categories of personal information about California consumers as described in this policy.

Information Sold or Shared

Certain information collected by FITCRUNCH, including customer email addresses, newsletter or catalog contact information, website traffic data, order information, and customer generated content on the FitCrunch Webstore Site, is controlled by our brand partner FITCRUNCH and is accessible by FITCRUNCH to provide the shopping experience to you. This information is exclusive to Mixt and FITCRUNCH and is not shared with other Mixt brand partners. Because FITCRUNCH controls this information along with Mixt, we do not consider FITCRUNCH’s access to it to be a "sale" of data between Mixt and FITCRUNCH under the CPRA.

As explained in this Policy, we also share your data with third-party partners such as social networking sites and advertising companies in order to serve you with ads tailored to your preferences across various platforms. This type of sharing may be considered "selling" or "sharing" under the CPRA. You can control the information shared about you and request an opt-out as explained below.

We offer programs, benefits, and other offerings to consumers related to the collection or retention of personal information that may be deemed a "financial incentive" or "price or service difference" under the CPRA. 

Mixt has sold or shared the following categories of personal information for a business or commercial purpose in the preceding 12 months.

• Personal Identifiers
• Commercial Information
• Internet/Network Activity

Mixt has disclosed the following categories of personal information for a business or commercial purpose in the preceding 12 months:

• Personal Identifiers
• Commercial Information
• Internet/Network Activity

We do not knowingly sell the personal information of individuals under 16 years of age without affirmative authorization.

Right To Know And Limit Use Of Sensitive Personal Information Collected

We collect and use your Sensitive Personal Information as described in this Policy.

We do not collect or process sensitive personal information for the purpose of inferring characteristics or for any purposes other than those specified in CPRA Regulations, Article 3, Section 7027(m).

Right To Request Deletion Of Personal Information

You have the right to request the deletion of your personal information collected or maintained by us ("Request to Delete"), subject to certain exceptions permitted by law.

To make a Request to Delete, please submit a verifiable consumer request pursuant to the instructions below. We will acknowledge your Request to Delete within 10 business days and will attempt to respond substantively within 45 calendar days. There may be circumstances where we will need an additional 45 calendar days. If we need additional time, we will provide you with notice and an explanation of the reason why we need more time.

The Request to Delete must provide sufficient information to allow us to verify that you are the person about whom we collected the personal information and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. If we cannot verify your identity, we will not be able to respond to your request. Additionally, as permitted by law, if the information requested to be deleted is necessary for us to maintain, we will not be able to comply with your request. We will notify you if this is the case.

You can make a Request to Delete in the following ways:

• You may make a request here: help@fitcrunch.com

Once we receive your initial request to delete, we will need to verify that you are the person that is the subject of the request (the "Verification Process"). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. If we cannot verify your identity, we will not be able to respond to your request. If the information requested to be deleted is necessary for us to maintain as permitted by the CCPA, we will not be able to comply with your request and will notify you this is the case.

We will retain correspondence, documents and information related to any Request to Know, Request to Delete, or Request to Opt-Out for 24 months as required by law.

Right To Opt-out Of Sale Or Sharing Of Personal Information

You have the right to opt-out of the sale or sharing of your Personal Information. As explained in  this Policy, we share your data with third parties such as social networking sites and advertising companies, in order to serve you with ads tailored to your preferences across various platforms. This type of sharing may be considered "selling" or "sharing" under the CPRA. You can control the information shared about you and request an opt-out as explained below. We will process your Request to Opt-Out of sale within 15 days.

Additionally, as stated above, we and our brand partner FITCRUNCH independently own certain personal information collected by Mixt. We do not view our brand partner's access to this information as a "sale" of data under the CPRA.

Requests to Opt Out

You can make a Request to Opt Out in the following ways:

• You may make a request here: help@fitcrunch.com 

Right to Non-Discrimination for Exercising Consumer Privacy Rights

You have the right not to be discriminated against for exercising any of your privacy rights. This includes us not: (a) denying you goods or services; (b) charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; (c) providing you a different level or quality of goods or services; (d) suggesting to you that you will receive a different price or rate for goods or services or a different level or quality of goods or services; and (e) retaliating against you for exercising your privacy rights.

Right To Correct

You have the right to request that we rectify inaccurate information about you.

Requests to Correct

To make a Request to Correct, please submit a verifiable consumer request pursuant to the instructions below. We will acknowledge your Request to Correct within 10 business days and we will attempt to respond substantively within 45 calendar days. There may be circumstances where we will need an additional 45 calendar days. If we need additional time, we will provide you with notice and an explanation of the reason why we need more time.

You can make a Request to Correct in the following ways:

• You may make a request here: help@fitcrunch.com

Once we receive your Request to Correct, we will need to verify that you are the person that is the subject of the request through the Verification Process. The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. If we cannot verify your identity, we will not be able to respond to your request. If the information requested to be corrected is necessary for us to maintain as permitted by the CPRA, we will not be able to comply with your request and will notify you this is the case.

We will review all information provided by you to us, to determine whether the information is inaccurate. We reserve the right to delete the information instead of correcting it if such deletion does not impact you or you consent to the deletion.

We will inform you of our decision to deny or grant your request.

Notice Of Financial Incentive

Mixt offers programs, benefits, and other offerings to consumers related to the collection, retention, or processing of Personal Information that may be deemed a "financial incentive" or "price or service difference" under the California Privacy Rights Act "CPRA"). These offerings may involve collecting Personal Information from customers who participate, including identifiers such as name, emails address, telephone number and/or other contact information necessary for subscription enrollment. We are providing you with this information so that you may make an informed decision on whether to participate in our programs. Examples of the programs we offer include:

Surveys: We may also offer our customers opportunities to participate in surveys. In exchange for participation you may be offered a financial incentive, such as a discount or a coupon. As part of these surveys we may collect Personal Information, such as your name, preferences, experiences, beliefs, opinions, and other responses to the survey questions. Participation in surveys is governed by the applicable terms and conditions for the survey, which will also describe any financial incentives associated with that survey and how to participate. The specific survey terms will be presented to you at the time of the offer. You can terminate participation at any time as will be explained in the survey terms. Our good-faith estimate of the value of your Personal Information is the value of the benefit we offer to you. We have calculated such value by using the expense related to the benefit.

Limited-Time Promotions or Sweepstakes: From time to time, we may offer incentives limited to a specific time period, such as limited-time sweepstakes, contests and other promotions. In exchange for your participation in these promotions, you may be offered a financial incentive, such as a prize. As part of these limited-time promotions or sweepstakes, we may collect your Personal Information, such as your name, email address, and phone number. Participation in a limited-time offer or promotion is governed by the applicable terms and conditions for the program (e.g., Sweepstakes Rules and Prize Acceptance Agreements), which will also describe any financial incentives associated with the promotion and how to participate. The specific terms of such offers will be presented to you at the time of the offer. You can terminate participation at any time as will be explained in the program terms. The value of your Personal Information will be disclosed in the promotion's terms.

One-Time Promotions: In addition to the programs identified above, we may also offer you one-time percentage off coupons, discounts, or other promotions from time to time, such as when you provide us your email address and agree to receive marketing emails in exchange for a one-time coupon. Such offers may not be available at all times. The specific amount and terms of such offers will be presented to you at the time of the offer, which will also explain how to participate. You can terminate participation at any time by contacting us at help@fitcrunch.com. Our good-faith estimate of the value of your Personal Information is the value of the benefit we offer to you. We have calculated such value by using the expense related to the benefit.

By participating in any of the above promotional programs, you agree that the benefits are reasonably related to the value of the Personal Information collected and retained.

Participation in our promotional programs is always optional, and you can terminate program participation at any time as explained in the applicable program terms. You can also contact us at help@fitcrunch.com to unsubscribe or cancel your participation in any program.

Retention Of Personal Information

We will retain your personal information for as long as it is necessary for the purposes set to the extent necessary to comply with our legal obligations (for example, if we are required to retain your personal information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Authorized Agent Information

You may designate an authorized agent to make a request on your behalf under the CPRA.

Authorized agents can make requests under the CPRA by emailing us at email address: help@fitcrunch.com. If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with either (1) a power of attorney or (2) signed permission to exercise rights on your behalf. Unless the authorized agent provides a power of attorney, we may also require you to verify your own identity directly with us and directly confirm that you gave the authorized agent permission to submit the request.

You can contact help@fitcrunch.com to request the information listed above.

Links to other Sites
This site may reference or link to third-party sites throughout the World Wide Web. FITCRUNCH has no control over these sites or the content within them. FITCRUNCH cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. FITCRUNCH does not endorse the content of any third-party site, nor does FITCRUNCH warrant that they will not contain viruses or otherwise impact your computer. FITCRUNCH does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use. By using this site to search for or link to another site, you agree and understand that you may not make any claim against FITCRUNCH for any damages or losses, whatsoever, resulting from your use of this site to obtain search results or to link to another site.

Copyrights
FITCRUNCH® COPYRIGHT 2024 © PERVINE FOODS, LLC. All materials and contents contained in this Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to FITCRUNCH, or its content suppliers and are protected by United States and international copyright law. FITCRUNCH enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

Trademarks
FITCRUNCH, the FITCRUNCH logo and other marks indicated on our site are the exclusive property and trademarks of ©PERVINE FOODS, LLC. PERVINE FOODS, LLC reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by PERVINE FOODS, LLC. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PERVINE FOODS, LLC.

Children’s Privacy
This site is not intended or designed to attract children under the age of thirteen (13). Of course, consistent with the Children’s Online Privacy Protection Act of 1998, FITCRUNCH will never knowingly request personally identifiable information from anyone under the age of thirteen (13) without prior verifiable parental consent.

Indemnity
You agree to indemnify and hold each of FITCRUNCH, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the fitcrunchbars.com Website, your violation of these Terms of Use, and/or the infringement by you or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

Applicable Law
This site is created and controlled by FITCRUNCH in the State of New York. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the jurisdiction of the State of Pennsylvania for any litigation arising out of or relating to use of or purchase made through this site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Pennsylvania courts and agrees not to plead or claim in any Pennsylvania court that such litigation brought therein has been brought in an inconvenient forum.

Modification, and Severability
FITCRUNCH reserves the right to make changes to this site, policies, and these Terms of Use at any time, effective immediately upon the posting on this site. Please check this page of the site periodically. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

PERVINE FOODS, LLC
500 7th Ave, 9th Floor 
New York, NY 10018