terms of use

Sojourner Farms LLC

Website Terms of Use and Conditions of Order

Sojourner Farms LLC (“Sojos”) operates the website www.sojos.com (the “Site”).  The Site provides online access to information about us and the products available through the Site (the "Products").  It also facilitates transactions for the purchase of Products (the "Service").  The terms “we,” “us” and “our” as used herein refer to Sojos.

By accessing and using the Site, including the creation and use of an Account (defined below), you agree to each of the following terms and conditions ("Terms of Use").  By using the Service or ordering Products from our Site, you agree to the Terms of Use, as well as the Conditions of Order, which are set forth below ("Conditions of Order"). These Terms of Use, together with the Conditions of Order, are referred to as this "Agreement".  If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Use, in which case the term “you” or “your” as used herein shall refer to both you and to such entity.  If you do not have such authority, or if you do not agree with these Terms of Use, you may not access and must immediately cease using the Site.  

NOTICE OF TRACKING FEATURES.  Sojos may embed or include tracking features, including, but not limited to, cookies, beacons, bots, tags, water marks, tracking data, intentional non-material error in the data and other digital, electronic or non-electronic features to monitor and track the use of any data you receive through the service.  You understand and agree to the inclusion and use of these tracking features.

Access to the Site.  Registration is not required to place an Order (defined below) or use the Site. However, in order to streamline future purchases and better facilitate use of the Site, you do have the option to create a new, password protected account with Sojos (referred to as your “Account”).  Your Account username and password are referred to as your "Identification". You are solely responsible for keeping your Identification confidential. You agree that you and your authorized representatives will be the only users of your Identification, and that you will be solely responsible for all activities on the Site using your Identification. We strongly recommend that you log out of the Site and close your browser window when your session is completed to help prevent unauthorized persons from accessing your Identification. Please contact Sojos immediately at 1-888-867-6567 if you believe that your Identification has been lost or stolen, or that someone may attempt or has attempted to use your Identification without your consent. Please keep in mind that no Internet site is 100% secure. Thus, while Sojos strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information is at your own risk.

 Intellectual Property.  

Ownership.  The Service, the Site, and all information, materials and other content that you see, hear or otherwise experience on the Site (collectively, the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to Sojos or its partners, affiliates, contributors or third parties.

License. Sojos grants you a personal, non-exclusive, non-transferable license to use the Site, the Service and the Content and to download, print and store portions of the Content that you select, provided that: (1) you only use these copies of the Content for your own internal business purposes or your personal, non-commercial use; (2) if you are a competitor of Sojos, commercial aggregator of data, or other commercial user, you do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of this license. Sojos reserves complete title and full intellectual property rights in any Content you download from the Site, subject to this limited license for you to make personal use of the Content as set forth herein.

Consent Required.  You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

Scraping Not Permitted.  Competitors and third party aggregators may not mirror, scrape, or frame the home page or any other pages of the Site on any other website or web page. Competitors and third party aggregators may not connect "deep links" to the Site, i.e., create links to a Site that bypass the home page or other parts of a Site without written permission. This prohibition is not intended to restrict the non-commercial activities of individuals.

 Disclaimer of Warranties.  

Sojos cannot and does not represent or warrant that the Site or their servers will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements. 

THE CONTENT IS PROVIDED BY SOJOS ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. SOJOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT EMAILS SENT FROM SOJOS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. SOJOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE CONTENT INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, SOJOS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. 

  • TO THE EXTENT APPLICABLE, CERTAIN PROVIDERS OF PRODUCTS (OTHER THAN SOJOS) MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES. 

APART FROM PRODUCTS MANUFACTURED AND SUPPLIED SOLELY BY SOJOS, SOJOS DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY OTHER PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. IN SUCH INSTANCES, WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT'S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT. 

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.

Your obligations and Sojos' remedies with respect to defective or nonconforming products, are solely and exclusively as stated in this Agreement.

 Additional Disclaimers.  Without limiting the disclaimers set forth in Section 3 above:

 Correction of Errors and Inaccuracies.  The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Sojos therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Sojos does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Product and Pricing Information.  All descriptions, images, references, features, content, specifications, Products and prices of Products described or depicted on the Site are subject to change at any time without notice.  Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any Products on the Site does not imply or warrant that these Products will be available.  It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the receipt, possession, use and sale of any item purchased from the Site.  By placing an Order, you represent that the Products ordered will be used only in a lawful manner.  

Third Party Links.  The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product distributors’ sites.  Sojos is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms or content of any such website.  Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Sojos strongly recommends that you review and understand the terms and conditions, privacy policies, setting and information-sharing functions of each such third party website.  The links and interactive functionality for third party sites on the Site do not constitute an endorsement by Sojos of such third party sites.  Other sites may link to our Site with or without our authorization, and we may block any links to or from the Site.  YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.  

Color Display.  Sojos attempts to display as accurately as possible the colors of the products shown on the Site. However because the colors you see will depend on many factors, including your monitor or printer, Sojos cannot guarantee that the color you see matches the product color.

Infringement Disclaimer.  The Products may be subject to patent, trademark, copyright, design and other rights of third parties. Sojos shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights. 

Jurisdictional Issues.  The Site is controlled and operated by Sojos from the United States, and is not intended to subject Sojos to the laws or jurisdiction of any state, country or territory other than that of the United States.  Sojos does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.  In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.  We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.  

Limitation of Liability.  IN NO EVENT SHALL SOJOS OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS (COLLECTIVELY, THE “SOJOS PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO (I) ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY SOJOS, OR THE USE OR INABILITY TO USE THE SAME, (II) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (VII) ANY OTHER MATTER RELATING TO THE PRODUCTS, THE SITE, THE SERVICE, OR THE CONTENT; EVEN IF ANY OF THE SOJOS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING. IN NO EVENT SHALL THE LIABILITY OF ANY OF THE SOJOS PARTIES FOR PRODUCTS EXCEED THE PURCHASE PRICE FOR THE PRODUCTS, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Any cause of action against any of the Sojos Parties with respect to the Products or Services must be instituted within one year from the date of purchase or provision of the applicable Products or Services.

Indemnification.  You understand and agree that you are personally responsible for your use or inability to use the Service or the Products, your reliance upon any information or recommendation provided by, through or on the Site, and your behavior on the Site. You agree to indemnify, defend and hold harmless the Sojos Parties and Sojos' joint venturers, business partners, licensors, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Products, the Site, the Service, or the Content, your reliance upon any information or recommendation provided on the Site, or any violation by you of this Agreement.

User Conduct.  You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content.  Except as otherwise authorized by Sojos, you agree not to add to, subtract from, or otherwise modify the Content.  You agree not to use the Site in any manner that might interfere with the rights of third parties.

User Supplied Information.  

Visitors may post reviews, comments, photos, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of submitted content.  Sojos reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Sojos a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Sojos and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that: (i) you own or otherwise control all of the rights to the content that you post; (ii) the content is accurate; (iii) use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and (iv) you will indemnify Sojos for all claims resulting from content you supply. Sojos has the right but not the obligation to monitor and edit or remove any activity or content. Sojos takes no responsibility and assumes no liability for any content posted by you or any third party. 

Rules for Promotions.  Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Use.  If you participate in any Promotions, please review the applicable rules, as well as our Privacy Policy.  If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.  

Force Majeure.  Sojos will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, for example, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Sojos' time for delivery or performance will be extended by the period of such delay or Sojos may, at its option, cancel any Order or remaining part thereof, without liability by giving notice to you.

General Provisions.  This Agreement and the Privacy Policy constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Sojos of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect.  Any and all disputes relating to the Agreement, the Conditions of Order, Sojos' Privacy Policy, or your use of the Site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions.  Any Dispute will be venued in a state or federal court situated in Hennepin County, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.  No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Sojos.  The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.

Enforcement.  Sojos reserves the right, in its sole discretion, to determine whether any action you take violates the terms of this Agreement.  Sojos shall have the right, but not the obligation, to monitor your actions with respect to the Site, the Service, and the Content to determine compliance with this Agreement.  Without limiting any other rights or remedies of Sojos hereunder, at law, or in equity, Sojos may suspend or terminate your access to the Service if there is any violation or threatened violation of any of the terms of this Agreement by you.

Changes to the Agreement; Termination.  

Sojos may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all users of the Site.  Sojos reserves the right to make changes to these Terms of Use at any time, and such changes will be effective immediately upon being posted on the Site.  Each time you use the Site, you should review the current Terms of Use.  You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the top of these Terms of Use.  Your continued use of the Site will indicate your acceptance of the current Terms of Use; however, any material change to these Terms of Use after your last usage of the Site will not be applied retroactively.  Except for such material changes, the Terms of Use that were in effect at the time any claim or dispute arose between you and us will be applied.  

Sojos reserves the right, without notice and in its sole discretion, to terminate your Account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms of Use; (ii) for any other reason, or (iii) for no reason.  Upon any such termination, your right to use the Site will immediately cease.  

You agree that we shall not be liable to you or any third party for any termination of your access to the Site.  Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liabilities and all indemnities shall survive such termination.  

Conditions of Order

All Orders placed on our Site are subject to the terms of this Agreement, including the following Conditions of Order. Any purported change submitted by a purchaser of a Product in any additional documentation is hereby expressly rejected. 

  • Orders.  If you wish to purchase a Product made available through the Site (each, an “Order”), you may be asked to supply certain information relevant to your Order, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.  EACH ORDER PLACED THROUGH THE SITE WILL BE MADE DIRECTLY WITH SOJOS.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY ORDER.  By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Orders initiated by you or on your behalf.  Verification of information may be required prior to acknowledgement or completion of any transaction.  
  • Order Validation and Acceptance.  When you place an Order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your Order. Your placement of an Order with us is an offer to purchase our Products. We may accept your Order by processing your payment and shipping the Product, or may, for any reason, decline to accept your Order or any part of your Order.  Any acknowledgement of your Order by us means that your Order request has been received; however, it does not mean that your Order has been accepted or shipped, or that the price or availability of an item has been confirmed.  No Order request shall be considered to be accepted by us until the Product has been shipped.  If we decline to accept your Order, we will attempt to notify you using the email address or other contact information you provided with your Order. Delivery dates provided in connection with any Order are estimates only and do not represent fixed or guaranteed delivery dates.

Quantity Limitations.  We may limit or cancel quantities available for purchase on any Order on any basis, and to alter the availability or duration of any special offers at any time. 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 Account, the same credit card, and/or Orders that use the same billing and/or shipping address.  

Electronic Communication.  When you place an Order through our Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your Order, advise you regarding shipment of backordered Products, and to provide you with any other notices, disclosures or other communications relating to your Order. You agree that we will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide a valid email address.

 Pricing and Product Information.  We makes every effort to provide current and accurate information relating to the Products and prices, but do not guarantee the currency or accuracy of any such information.  As set forth in Section 4(b) of the Terms of Use, such information is subject to change at any time without notice.  In the event we discover a material error in the description or availability of a Product that affects your outstanding Order with us, or an error in pricing, we will attempt to notify you of the corrected version, and you may choose to accept the corrected version, or cancel the Order. Thereafter, if you choose to cancel the Order, and your credit card has already been charged for a purchase, Sojos will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars.

 

Prices.  The prices displayed are quoted in U.S. Dollars and are valid and effective only in the United States.  

Payment.  

Payment for online Orders may be made by major credit card (Visa, MasterCard, Discover, and American Express), or via telephone. 

Orders will be processed and shipped pending credit card authorization.  When you place an Order, we will pre-authorize your credit card to ensure the funds are available.  If you are using MasterCard or Visa, or potentially other credit cards, the pre-authorization may appear as if you have been charged.  With some institutions’ payment cards, the funds become unavailable, but the account is not debited until the Order ships.  If you are using a debit card, we will request authorization from your bank for the transaction when your Order is submitted.  Your bank will place a hold on these funds in anticipation of receiving the actual withdrawal from your deposit account.  We do not process the actual charge to your debit card until your Order is shipped; however, we will request another authorization from your bank to verify that the funds remain available if there is a delay from your Order date to our shipping date.  If the Order is cancelled for any reason, the time it takes for the hold to release depends on the issue of the card and is not within our control.  

Shipping.

Shipping and handling charges are assessed on all Orders placed through the Site pursuant to our Shipping Policy found here or on your Order form and are based on the weight, size and value of the Products purchased, as well as location of the shipping address.  We reserve the right to impose additional shipping and handling charges to addresses outside the continental United States  If your item has an additional shipping charge, it will appear in the description area of the item on the product page of the Site or on your Order.

Due to the contents of some Products, Orders containing these Products are restricted to standard ground service in the Continental United States only.  Please see Product descriptions for additional details.  

When gift cards are purchased with other merchandise, whenever possible, your gift cards will be shipped with that merchandise at no additional costs.  Gift cards purchased separate from merchandise will be assessed a shipping and handling charge, and shipped Standard Service within the United States.  

Risk of Loss.  Except as otherwise set forth herein, the risk of loss for and title to the Products purchased on the Site passes to the purchaser upon Sojos’ delivery of the Product(s) to the carrier.  

Taxes.  Sales tax is currently collected on all purchases to customers shipped to addresses in the State of Minnesota.  If you do not reside in Minnesota you are solely responsible for ensuring the payment of any taxes required by your local jurisdiction. 

Late Payments.  You shall pay us all costs incurred in collecting any past due amount from you, including all court costs, collection costs, and attorney's fees. 

Out of Stock.  If the Product you Order is out of stock at the time you place your Order, you may elect to have it shipped on a subsequent shipment.  Except as otherwise provided on the Site, additional shipping charges will apply to each shipment.  You may elect to have us send you an alert when an out-of-stock Product becomes available.

Freight Damage.  If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact us immediately to initiate a claim.  Our contact information can be found here.

Return Policy.  In most cases, we will accept merchandise returns subject to the return policy found at https://www.sojos.com/sojos-return-policy and will replace the product or refund your money at your option.  

QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail or feel free to contact us by phone.  Our contact information can be found at https://www.sojos.com/content/contact-us

© 2013 Sojourner Farms LLC. All Rights Reserved.