Terms of Service

1. Eligibility

You may browse the Site regardless of age, subject to applicable law. To make a purchase through the Site, you must have reached the age of legal majority in your state or jurisdiction of residence and have the legal capacity to enter into a binding contract. By placing an order, you represent that you satisfy these requirements.

2. Changes to These Terms

We may update or modify these Terms from time to time to reflect changes in our business, products, services, website, practices, or applicable law. Any revised Terms will be posted on this page with an updated effective date. Your continued use of the Site after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

3. Online Store and Shopify Services

MyDadsChips.com may use Shopify and related service providers to provide ecommerce functionality, customer accounts, checkout, payment processing, and other commerce services. Although checkout may appear directly within MyDadsChips.com, certain aspects of your transaction may be processed by Shopify and its payment-processing partners. Your use of Shopify-related functionality may also be subject to applicable terms and policies maintained by Shopify or its service providers.

4. Product Orders

By submitting an order through the Site, you are offering to purchase the products identified in your order at the prices and under the terms displayed at checkout. An order is considered accepted when you successfully submit your checkout and receive confirmation that the order has been received.

However, My Dad’s Chips reserves the right to cancel, limit, reject, or refund any order at any time and for any lawful reason, including after the order has initially been accepted. Reasons may include, without limitation:

• Product or inventory shortages
• Pricing errors
• Product-description errors
• Website or technical errors
• Suspected fraud
• Unauthorized or suspicious payment activity
• Resale activity
• Shipping limitations
• Incorrect customer information
• Unusually large order quantities
• Violation of these Terms
• Operational or fulfillment issues
• Circumstances that make us unable or unwilling to fulfill the order

If we cancel an order after payment has been collected, we will refund the amount collected for the canceled portion of the order to the applicable payment method. We are not obligated to fulfill an order solely because an automated order confirmation was generated.

5. Prices

Prices displayed on the Site are shown in U.S. dollars unless otherwise stated. Prices may change at any time without notice. We attempt to display accurate pricing, but errors may occasionally occur. If a product is mistakenly listed at an incorrect price, we reserve the right to:

• Correct the price
• Cancel the order
• Contact you for instructions
• Refund any amount previously charged for the affected item

We are not required to honor obvious typographical, technical, or pricing errors. Applicable taxes, shipping charges, and other fees will be shown at checkout when required.

6. Product Availability

All products are subject to availability. We may:

• Limit quantities
• Discontinue products
• Discontinue flavors
• Change package sizes
• Change case quantities
• Modify formulations
• Change packaging
• Restrict availability geographically
• Change pricing
• Modify or discontinue promotions

at any time without notice. Displaying a product on the Site does not guarantee that the product is currently available.

7. Payment

You agree to provide current, complete, and accurate billing and payment information for all purchases. Payment processing may be provided by Shopify and third-party payment processors. My Dad's Chips does not directly store complete payment-card numbers submitted through the checkout process. You represent that you are authorized to use any payment method provided in connection with an order.

We may cancel or suspend an order if a payment cannot be authorized, appears fraudulent, is disputed, or otherwise presents a risk to us or our payment-processing partners.

8. Shipping

We will make reasonable efforts to process and ship orders within the timeframes communicated on the Site. All processing, shipment, transit, and delivery dates are estimates unless expressly stated otherwise. Delivery times may be affected by factors outside our control, including:

• Carrier delays
• Weather
• Holidays
• Supply-chain disruptions
• Incorrect or incomplete shipping information
• Natural disasters
• Labor disruptions
• Government actions
• Transportation interruptions
• Other circumstances beyond our reasonable control

We are not responsible for delays caused by circumstances outside our reasonable control.

Risk of Loss

Risk of loss for products generally transfers to you upon delivery to the shipping address provided with the order, except where applicable law requires otherwise. You are responsible for providing a complete and accurate delivery address.

9. Lost, Missing, or Damaged Shipments

If an order is lost in transit or arrives damaged, please contact us promptly. Depending on the circumstances, we may:

• Replace the affected product
• Reship the order
• Issue a refund
• Issue a partial refund
• Request photographs or other evidence
• Submit a claim to the applicable carrier

The appropriate resolution will be determined by My Dad's Chips based on the circumstances of the shipment. If tracking information states that an order was delivered but you did not receive it, contact us so that we can review the situation. We may require reasonable cooperation in connection with any carrier claim or investigation.

10. Food Product Return and Refund Policy

Because My Dad’s Chips sells food products, we do not accept returns of food products.

If you believe a product is damaged, defective, incorrect, spoiled, or otherwise eligible for a refund or replacement, you must contact us within 72 hours after receiving the product. Your request must include:

• Your order information
• A description of the issue
• Photographic evidence showing the affected product and relevant packaging

We may request additional information reasonably necessary to evaluate the request. Submitting a request does not automatically guarantee a refund or replacement. After reviewing the circumstances, we may, at our discretion and subject to applicable law:

• Replace the affected product
• Provide a refund
• Provide a partial refund
• Provide another reasonable remedy

Refunds, when issued, are generally made to the original payment method. Nothing in this section limits any rights that cannot legally be waived under applicable consumer-protection law.

11. Product Freshness and Best-By Dates

Our potato chips are generally produced with an intended shelf life of approximately nine months from the date of production. Products may be shipped with less than the full nine-month shelf life remaining because some time may have elapsed between production, warehousing, fulfillment, and shipment.

Best-by dates relate primarily to product quality and freshness. Product quality may naturally change over time. If you believe you received a product that is not reasonably fresh or otherwise has a quality issue, contact us within the timeframe described in our refund policy.

12. Natural Product Variations

My Dad's Chips are food products made from agricultural ingredients. Individual chips and packages may naturally vary in characteristics including:

• Shape
• Size
• Thickness
• Color
• Darkness
• Texture
• Curl
• Browning
• Seasoning distribution
• Oil appearance
• Number of chips in a package

Images shown on the Site are illustrative. These natural variations do not necessarily indicate that the product is defective.

13. Ingredients, Allergens, Nutrition, and Product Information

We attempt to provide accurate information concerning our products, including ingredients, nutritional information, allergen information, dietary characteristics, certifications, package sizes, and product claims. However, formulations, suppliers, regulations, packaging, and certifications can change.

The physical product packaging you receive should be treated as the controlling and most current source of information regarding ingredients, Nutrition Facts, allergens, dietary claims, certifications, preparation instructions, and other product information.

You should always review the product packaging before consuming a product, particularly if you have allergies, food sensitivities, dietary restrictions, or other health-related concerns. Do not rely solely on information displayed on the Site when making decisions involving food allergies or sensitivities.

14. Dietary and Certification Claims

Claims such as:

• Vegan
• Gluten Free
• Kosher
• No Artificial Flavors
• No Preservatives
• Low Sodium
• No Sodium Added

apply only to products specifically identified or labeled with the applicable claim. Product formulations, certification status, ingredients, and labeling may change. Always review the packaging for the specific product you purchase.

15. No Medical, Dietary, or Nutritional Advice

Content on the Site is provided for general informational and commercial purposes. Nothing on the Site is intended to constitute:

• Medical advice
• Nutritional counseling
• Dietary advice
• Diagnosis
• Treatment advice
• Health advice

You should make health and dietary decisions based on your individual circumstances and appropriate qualified guidance.

16. Promotional Codes and Offers

From time to time, we may offer promotional codes, discounts, coupons, free-shipping offers, or similar promotions. Unless otherwise expressly stated:

• Promotions may expire at any time
• Promotions may be limited to certain products or customers
• Promotions cannot be redeemed for cash
• Promotions may not be combined with other promotions
• Promotions may be subject to quantity limitations
• Promotions may be modified or canceled
• Promotions are void where prohibited
• A promotion may be canceled if issued or applied because of an error
• We may reject promotional activity that we reasonably believe is fraudulent, abusive, or inconsistent with the intended promotion

Additional promotion-specific terms may apply.

17. Contests, Sweepstakes, and Giveaways

We may occasionally operate contests, sweepstakes, giveaways, promotions, or similar programs through the Site, social media, or other channels. These promotions may be subject to separate official rules, eligibility requirements, entry periods, geographic restrictions, and other terms. If separate promotion rules conflict with these Terms regarding the promotion, the promotion-specific rules will control. No purchase will be required where prohibited by applicable law.

18. Future Subscription Services

My Dad's Chips does not currently offer recurring product subscriptions through the Site. We may introduce subscription or recurring-purchase programs in the future. Any subscription program will be subject to additional terms disclosed before enrollment, including applicable information regarding:

• Price
• Billing frequency
• Renewal
• Cancellation
• Changes to the subscription

If required by law, we will obtain applicable consent before initiating recurring charges.

19. Future SMS or Text Messaging Services

We do not currently offer marketing text-message programs through the Site. We may introduce SMS or text-message communications in the future. If we do, such services may be governed by additional terms and consent requirements provided when a user enrolls. Consent to receive marketing text messages will not be required as a condition of purchasing products unless otherwise permitted by law.

20. Customer Accounts

Certain customer-account features may be provided through Shopify. If you create an account, you are responsible for:

• Maintaining the confidentiality of your login credentials
• Restricting unauthorized access to your account
• Providing accurate information
• Promptly updating outdated information
• Notifying us of suspected unauthorized access

You are responsible for activity conducted through your account to the extent permitted by applicable law. We may suspend or terminate access to an account if we reasonably believe the account is being misused, compromised, or used in violation of these Terms.

21. Store Locator

Our Site may include a store locator identifying retailers believed to carry My Dad's Chips. Store-locator information is provided for convenience and may not reflect current inventory or availability. Products may:

• Sell out
• Be discontinued by a retailer
• Be moved to another area of the store
• Vary by location
• Be temporarily unavailable

We recommend contacting the retailer before making a special trip if you are looking for a particular My Dad's Chips product, flavor, or package size. We do not guarantee that any retailer identified through the store locator currently has any particular product in stock.

22. Third-Party Retailers

Retailers, distributors, marketplaces, and other third-party sellers are independent businesses. Unless expressly stated otherwise, My Dad's Chips does not control and is not responsible for a third-party seller's:

• Retail prices
• Inventory
• Promotions
• Store policies
• Return policies
• Hours
• Customer service
• Availability
• Product placement
• Delivery services

Transactions completed directly with third-party retailers are subject to the retailer's own terms and policies.

23. Wholesale, Distributor, Retail, and Sample Inquiries

The Site may allow users to contact us concerning:

• Wholesale opportunities
• Retail placement
• Distribution
• Foodservice
• Samples
• Pricing
• Business partnerships
• Other commercial matters

Submitting an inquiry does not create:

• A supply agreement
• A distribution agreement
• An exclusivity arrangement
• A customer relationship
• A commitment to provide samples
• A pricing commitment
• A binding commercial agreement

Any binding business arrangement must be separately agreed upon by My Dad's Chips and the applicable party.

24. Recipes, Blog Posts, and Informational Content

The Site may contain recipes, articles, blog posts, serving suggestions, product ideas, and other informational content. We may modify, update, remove, or discontinue this content at any time. Recipes and serving suggestions may require users to consider their own dietary restrictions, allergies, cooking conditions, food-safety practices, and other circumstances. We do not guarantee that every recipe or suggestion is appropriate for every person.

25. User-Generated Content

We may now or in the future allow users to submit or provide content such as:

• Reviews
• Comments
• Photographs
• Videos
• Recipes
• Testimonials
• Social-media content
• Product feedback
• Suggestions
• Other materials

You retain ownership of content you own. However, when you voluntarily submit content to us for publication, promotion, marketing, or use in connection with My Dad's Chips, you grant My Dad's Chips a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to use, reproduce, display, distribute, modify, adapt, publish, repost, and otherwise use that content in connection with our business, products, marketing, advertising, social media, and promotional activities, to the extent permitted by law.

You represent that:

• You own or have permission to submit the content
• Our permitted use will not infringe another person's rights
• The content does not violate applicable law
• The content is not fraudulent, misleading, defamatory, obscene, threatening, or otherwise unlawful

We are not required to publish or use any submitted content. We may remove or decline to use content at any time.

26. Feedback and Suggestions

If you provide ideas, suggestions, concepts, product recommendations, flavor ideas, website suggestions, or other feedback, you acknowledge that we may use that feedback without restriction or compensation to you, to the extent permitted by applicable law. Do not submit confidential information through general feedback channels unless we have expressly agreed in writing to receive it confidentially.

27. Intellectual Property

The Site and its contents are owned by or licensed to My Dad's Chips and are protected by intellectual-property laws. Protected materials may include:

• The My Dad's Chips name
• Logos
• Trademarks
• Change The Way You Chip!®
• Product packaging
• Trade dress
• Product photography
• Videos
• Graphics
• Illustrations
• Website design
• Copy
• Recipes created by us
• Marketing materials
• Product descriptions
• Icons
• Artwork
• Software and Site elements

Except as expressly permitted by us in writing, you may not copy, reproduce, modify, distribute, sell, license, republish, commercially exploit, or create derivative works from our intellectual property. Nothing in these Terms grants you ownership of or a license to use our trademarks, branding, packaging, or other intellectual property except for the limited right to access and use the Site for lawful personal purposes.

28. Permitted Use of the Site

We grant you a limited, revocable, non-exclusive, non-transferable right to use the Site for lawful personal and commercial-inquiry purposes consistent with these Terms. You may not:

• Scrape or systematically extract Site data without permission
• Use automated bots, crawlers, spiders, or similar tools except as authorized by us or generally accepted search-engine practices
• Copy or commercially exploit product photography or graphics
• Copy our packaging designs
• Use our trademarks without authorization
• Impersonate My Dad's Chips or its representatives
• Misrepresent an affiliation with My Dad's Chips
• Attempt to gain unauthorized access to the Site
• Circumvent Site security measures
• Introduce malware or malicious code
• Interfere with the operation of the Site
• Conduct fraudulent transactions
• Use the Site for unlawful purposes
• Violate the intellectual-property or privacy rights of others
• Use Site content to create confusingly similar products, websites, advertisements, or commercial materials

We may restrict or terminate access for conduct that violates these Terms.

29. Third-Party Links and Services

The Site may contain links to websites, platforms, and services operated by third parties, including:

• Instagram
• TikTok
• Facebook
• Retailers
• Ecommerce providers
• Other external websites

These links are provided for convenience. We do not control third-party sites and are not responsible for their content, products, services, security, availability, terms, or privacy practices. Your use of third-party services is governed by their applicable terms and policies.

30. Website Availability and Changes

We may modify, suspend, restrict, or discontinue any portion of the Site at any time. We do not guarantee that:

• The Site will always be available
• Access will be uninterrupted
• The Site will be error-free
• Every feature will continue to be offered
• Information will always be complete or current
• Technical problems will always be corrected immediately

We may perform maintenance, updates, redesigns, migrations, or other changes without prior notice.

31. Disclaimer of Warranties

Nothing in this section disclaims any express product warranty we specifically provide or any warranty or consumer right that cannot legally be disclaimed.

32. Limitation of Liability

• USE OF OR INABILITY TO USE THE SITE
• PURCHASE OR USE OF PRODUCTS
• WEBSITE INTERRUPTIONS
• THIRD-PARTY SERVICES
• LOSS OF DATA
• LOSS OF PROFITS
• LOSS OF BUSINESS
• LOSS OF GOODWILL
• UNAUTHORIZED ACCESS TO INFORMATION

These limitations do not apply where prohibited by law or to liability that cannot legally be limited or excluded.

33. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless MDC Products LLC d/b/a My Dad's Chips and its owners, officers, employees, affiliates, representatives, and agents from claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

• Your unlawful use of the Site
• Your material violation of these Terms
• Content you submit
• Your infringement of another person's intellectual-property or other legal rights
• Fraudulent or abusive conduct by you

This obligation does not apply to the extent a claim results from the negligence, unlawful conduct, or other responsibility of My Dad's Chips.

34. Force Majeure

We will not be responsible for delay, interruption, or failure to perform caused by circumstances beyond our reasonable control, including:

• Severe weather
• Natural disasters
• Fire
• Flood
• War
• Terrorism
• Civil unrest
• Labor disputes
• Transportation disruptions
• Carrier delays
• Supply shortages
• Ingredient shortages
• Packaging shortages
• Manufacturing interruptions
• Utility failures
• Internet outages
• Cyber incidents
• Government orders
• Public-health emergencies
• Changes in law
• Other events beyond our reasonable control

We may cancel or delay affected orders and issue refunds when appropriate.

35. Governing Law

These Terms and disputes arising from or relating to these Terms, the Site, or transactions conducted through the Site will be governed by the laws of the State of Maryland, without regard to conflict-of-laws principles, except where applicable federal law or non-waivable law of another jurisdiction requires otherwise.

36. Dispute Resolution and Venue

Before filing a lawsuit concerning a dispute arising from these Terms or the Site, you and My Dad's Chips are encouraged to attempt to resolve the matter informally. You may contact us at admin@mydadschips.com.

If a dispute cannot be resolved informally, then, to the extent permitted by applicable law, any lawsuit arising from or relating to these Terms, the Site, or a transaction with My Dad's Chips must be brought in a state or federal court having jurisdiction in or over Montgomery County, Maryland. You consent to the personal jurisdiction and venue of those courts.

Nothing in this section prevents either party from bringing an eligible individual claim in small claims court or seeking temporary or preliminary injunctive relief where legally appropriate.

37. Individual Claims and Class-Action Waiver

Neither party will seek to have a dispute heard as a class or representative action to the extent such a waiver is enforceable under applicable law. If this provision is determined to be unenforceable for a particular claim or remedy, the remainder of these Terms will continue to apply.

38. No Waiver

Our failure to enforce a provision of these Terms does not waive our right to enforce that provision later. A waiver concerning one situation does not constitute a waiver concerning another situation unless expressly stated in writing.

39. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as necessary. The remaining provisions will remain in effect.

40. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms in connection with a merger, financing, acquisition, corporate reorganization, sale of assets, change of control, or similar business transaction.

41. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms expressly incorporated by reference, constitute the agreement between you and My Dad's Chips concerning your use of the Site. Separate written agreements between you and My Dad's Chips, including wholesale, distributor, vendor, employment, or other commercial agreements, are governed by their own terms and are not replaced by these Terms unless expressly stated.

42. Contact Information