Welcome to Suji Fresh. Our mission is to nourish the world with pure and healthy food, while supporting both the soul and earth.
This “Terms of Service” agreement (“Agreement”) is between SUJIFRESH Inc., a Delaware corporation, (“Suji Fresh”) and You, an individual (“You” and “Your”). Please read the Agreement completely and carefully before You access the SUJIFRESH.COM website (“Site”). By accessing the Site, You and Suji Fresh agree as follows:
1.0 Binding Agreement. THIS IS A BINDING CONTRACT BETWEEN YOU AND SUJI FRESH. BY ACCESSING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AND THE SUJI FRESH PRIVACY POLICY LOCATED AT SUJIFRESH.COM/PRIVACY. YOU SHALL NOT ACCESS THE SITE OR ANY OF THE PRODUCTS OR SERVICES AVAILABLE FROM THE SITE UNLESS YOU ACCEPT THIS AGREEMENT. USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
2.0 Your Representations and Warranties.
2.1 Age. You represent You are 18 years of age or older.
2.2 Residency. You represent You reside in the United States or its territories or possessions.
2.3 Accurate Information. You represent all data You shall provide, including but not limited to, Your full, legal name, and Your e-mail address, associated with Your account for the Site is accurate and current.
2.4 Read Entire Agreement. You represent You have read this Agreement in its entirety.
2.5 Able to Enter and Comply with Agreement. You represent You are fully able and competent to enter into this Agreement.
2.6 Credit and Debit Cards. By providing a credit or debit card to pay for products and services from Suji Fresh, You represent that You are authorized to use the designated payment method, and You authorize Suji Fresh and any third-party payment processor to charge the payment method for the total amount of the purchase.
2.7 Communications. You represent the email address associated with Your account is an acceptable method for Suji Fresh to communicate with You about any matter arising from Your access to the Site, and You agree to such communications for matters including but not limited to any order for a product and service, or Your interaction with the Site.
3.0 Suji Fresh Representations and Warranties.
3.1 Site Hosting. Suji Fresh represents the Site is hosted by Shopify, which provides the online e-commerce platform Suji Fresh uses to sell its products and services. Suji Fresh also uses extensions to the Shopify platform to process payments and coordinate delivery of products and services.
3.2 Your Personal Data Privacy. Suji Fresh represents Your personal data will only be used as described in the Suji Fresh Privacy Policy located at SujiFresh.com/Privacy.
3.3 Headings for Convenience Only. Suji Fresh represents the headings used in this Agreement are including for convenience only and do not limit or otherwise affect the Agreement.
4.0 Suji Fresh Products or Services
4.1 Limited Availability. To provide the freshest possible products and services, Suji Fresh reserves the right to limit the availability, limit the quantity, or cancel any order for any product and service. Suji Fresh reserves the right to discontinue any product or service at Suji Fresh’s sole discretion.
4.2 No Returns. Due to the nature of Suji Fresh products and services, Suji Fresh cannot accept return of any products or services.
4.3 Description Accuracy. Suji Fresh makes every effort to display as accurately as possible the images, text, approximate weights, or approximate counts used to describe Suji Fresh products and services. All product and service descriptions and pricing are subject to change without notice. Suji Fresh does not guarantee the product and service You receive will exactly match the product or service You ordered.
4.4 Order Refusal. Suji Fresh reserves the right to refuse any order You place with Suji Fresh. Suji Fresh may, at Suji Fresh’s sole discretion, limit or cancel quantities purchased per person, per household, or per order. This restriction includes orders placed by or under the same Suji Fresh Account, the same method of payment, the same billing or the same shipping address.
4.5 Business to Consumer Only. Suji Fresh provides products and services to consumers only. Suji Fresh reserves the right to limit or refuse orders, that in Suji Fresh’s sole judgment, appear to be placed by dealers, resellers, or distributors.
4.6 Deliveries. Suji Fresh makes every effort to use the most efficient and cost-effective method to deliver the products and services You order. You are responsible for inspecting all products and services You receive for damage or problems. You are responsible for properly storing all products as instructed on the receipt included with the delivery.
4.7 Order or Delivery Problems. If Your order is missing items, or if You are not completely satisfied with the product or service as delivered, please contact
support@sujifresh.com within 24 hours. Suji Fresh will work with You to attempt to correct any issue. Suji Fresh may require photographs or other documentation of any unsatisfactory product prior to providing a replacement, credit, or a refund. Without regard to the specifics of any problem or issue, Your sole remedy for any error or issue with a product or service will be a credit or refund for the unsatisfactory product or service. Such a credit or refund will be made at Suji Fresh’s sole discretion.
4.8 Billing. Suji Fresh will bill the credit or debit card associated with Your Account on the day of delivery, for the full amount of the ordered product and service.
5.0 Site Availability. Suji Fresh reserves the right to change the information or services offered by this Site, or withdraw this Site, at Suji Fresh’s sole discretion and without notice. From time-to-time You may not be able to access some areas of the Site, or the entire Site. Suji Fresh shall not be liable to You if some areas of this Site, or the entire Site is unavailable for any reason, at any time, or for any duration.
6.0 Updates to this Agreement. Suji Fresh may modify this Agreement from time-to-time at Suji Fresh’s sole discretion. Any such changes become effective immediately when posted and applies to Your subsequent access to, and Your continued use of, the Site. If You continue to use the Site following the posting of a revised Agreement You have agreed to the revised Agreement. The effective date of any revised Agreement is posted at the top of this Agreement.
7.0 Account Registration. Access to this Site requires registration and creation of an account (“Account”). You shall use Your Account to maintain Your Account data and preferences, purchase products and services, change and track purchased products and services, and otherwise use or interact with the Site.
7.1 Account Credentials. You shall create a unique member id and password (“Account Credentials”) for Your Account.
7.2 Account Credential Confidentiality. You shall treat Your Account Credentials as confidential. This means You will not share or disclose Your Account Credentials to any other person or entity. You accept all risks of unauthorized use of Your Account Credentials, including any unauthorized use of the Site.
7.3 Unauthorized Account Use Notification. You shall notify Suji Fresh immediately of any unauthorized use of Your Account Credentials or Account, or any other breach of Account or the Site security by emailing
support@sujifresh.com.
7.4 Account Suspension or Termination. Suji Fresh may suspend or terminate Your account, and disable Your Account Credentials at any time, for any reason, and without advance notice, at Suji Fresh’s sole discretion. SUJI FRESH IS NOT LIABLE TO YOU FOR SUSPENDING YOUR ACCOUNT.
7.5 No Refund on Termination. If Suji Fresh suspends or terminates Your Account and disables Your Account Credentials, You understand and agree Suji Fresh shall not provide any refund, return any personal data associated with Your Account incompliance with the SujiFresh Privacy Policy.
8.0 Prohibited Activities. You shall use the Site in accordance with this Agreement. You shall comply with the following obligations:
8.1 Lawful Use Only. You shall only use the Site in compliance with all applicable federal, state, local, or international law or regulation.
8.2 Harmful Activities. You shall not engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Suji Fresh, may harm Suji Fresh or members of the Site. This includes using the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
8.3 Site Monitoring and Copying. You shall not use any manual process or any automated process including but not limited to a robot, spider, or other process or means to access the Site for any purpose, including monitoring or copying any of the information on the Site.
8.4 Unauthorized Access. You shall not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is hosted, or any server, computer, or database connected to the Site, or otherwise attempt to interfere with the proper working of the Site.
9.0 Your Site Contributions. The Site may contain message boards, personal pages or profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow You to write, submit, publish, display, or transmit to other members (collectively “Post”) content or materials (collectively, “Site Contributions”) on or through the Site. You represent that You own or control all rights to any Site Contribution You Post, and You grant Suji Fresh and Suji Fresh affiliates and service providers, and each of their respective licensees, successors, and assigns, the right to allow the public to see Your Site Contribution.
9.1 Site Contribution Standards. All Site Contributions You Post shall comply with the following standards:
9.1.1. No Defamatory Material. You shall not Post any Site Contribution that is defamatory to another person, or entity.
9.1.2 No Sexually Explicit Material. You shall not Post any Site Contribution promoting or describing a sexually explicit or pornographic activity.
9.1.3 No Discriminatory Material. You shall not Post any Site Contribution that promotes discrimination or which would be deemed offensive based on race, sex, religion, nationality, disability, sexual orientation, or age.
9.1.4 No Intellectual Property Infringement. You shall not Post any Site Contribution which infringes or in any way interferes with another person’s, or entity’s patent, trademark, trade secret, copyright, or other intellectual property right.
9.1.5 No Misrepresentation. You shall not Post any Site Contribution that deceives, is untruthful, or which makes false representations, including misrepresenting Your identity, impersonates another’s identity, or falsely claiming an affiliation with another person or entity, including giving the impression of a false endorsement by another person or entity.
9.1.6 No Unlawful Acts. You shall not Post any Site Contribution promoting any illegal activity, or advocating, or assisting any unlawful act.
9.1.7. No Bullying. You shall not Post any Site Contribution that annoys, inconveniences, causes needless anxiety, upset, embarrassment, or which could alarm or annoy another person.
9.2 Right to Use Site Contributions. You grant Suji Fresh and Suji Fresh affiliates and service providers, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such Site Contribution.
9.3 Site Contribution Monitoring and Enforcement. Suji Fresh reserves the right to:
9.3.1 Remove Any Site Contribution. Remove any Site Contribution or refuse to Post any Site Contribution for any or no reason at Suji Fresh’s sole discretion.
9.3.2 Take Appropriate Action. Suji Fresh shall take any action with respect to any Site Contribution You Post that Suji Fresh deems necessary or appropriate in Suji Fresh’s sole discretion, including if Suji Fresh believes that such Site Contribution violates this Agreement, including Section 6.1 Site Contribution Standards, threatens the personal safety of members of the Site or the public, or could create liability for Suji Fresh.
9.3.3 Cooperate to Investigate Infringement Claims. Suji Fresh shall cooperate in the investigation of any reasonable intellectual property infringement claim, including but not limited to disclosing Your identity or other personal data to any third party claiming a Site Contribution You Post, violates their rights, including any intellectual property rights or privacy rights.
9.3.4 Report Intellectual Property Infringement. Any person or entity believing a Site Contribution violates its intellectual property rights should notify Suji Fresh at
support@sujifresh.com for instructions on sending Suji Fresh any notice of infringement or request to take down an infringing Site Contribution.
9.3.5 Cooperate with Legal Authorities. Suji Fresh shall cooperate with law enforcement to investigate all claims of illegal or unauthorized use of the Site. Without limiting the foregoing, Suji Fresh has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Suji Fresh to disclose the identity or other information of anyone who Posts Site Contributions. YOU WAIVE AND HOLD HARMLESS SUJI FRESH FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUJIFRESH DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUJI FRESH OR LAW ENFORCEMENT AUTHORITIES.
9.4 No Ongoing Review of Site Contributions. Suji Fresh does not undertake to review all Site Contributions You Post to the Site and cannot ensure prompt removal of objectionable Site Contributions. Accordingly, Suji Fresh assumes no liability for any action or inaction regarding transmissions, communications, or Site Contribution provided by any member, person, entity, or third party. Suji Fresh has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10.0 Suji Fresh Intellectual Property Rights. The Site and its entire contents, features, and functionality (including but not limited to all descriptions of Suji Fresh, Suji Fresh’s products and services and the design, selection, and arrangement) are owned by Suji Fresh, and are protected by United States and International copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
10.1 Copyright. This Agreement permits You to access the Suji Fresh Site for Your personal use only. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site. You shall not modify copies of any materials from this Site, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, delete or alter any copyright or other proprietary rights notices from copies of materials from this Site.
10.2 Trademarks. The Suji Fresh name, the terms Suji Fresh, the Suji Fresh logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SUJIFRESH Inc., its affiliates, or licensors. You shall not use such marks without the prior written permission of the Suji Fresh. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
11.0 Reliance on Site Information. Information on this Site, whether posted by Suji Fresh, or by a person as a Site Contribution is made available solely for general information purposes.
11.1 No Warranty of Accuracy or Completeness. Suji Fresh does not warrant the accuracy, completeness, or usefulness of information on this Site. Any reliance You place on such information is strictly at Your own risk. Suji Fresh disclaims all liability and responsibility arising from any reliance placed on such information by You or any other visitor to Site, or by anyone who may be gain access to any of the information.
11.2 No Endorsement of Site Contributions or Third-Party Information. The Site may include information provided by third parties, including materials provided by You, bloggers, third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in such information, and all articles and responses to questions and other information, other than the content provided by Suji Fresh, are solely the opinions and the responsibility of the person or entity providing or posting the information. Such information does not necessarily reflect the opinion of Suji Fresh. Suji Fresh is not responsible, or liable to You or any third party, for the content or accuracy of any information provided by any third parties.
12.0 Links from the Site. Any links to other Websites and resources provided by third parties, are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links as well as links to third-parties for services related to the processing of any order. Suji Fresh has no control over the contents of those sites or resources, and Suji Fresh accepts no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party Websites linked to this Site, You do so entirely at your own risk and subject to the terms and conditions of use for such Website.
13.0 Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW, SUJIFRESH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY USE OF THIS SITE
YOUR USE OF SITE, ITS INFORMATION, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS INFORMATION, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SUJIFRESH NOR ANY PERSON ASSOCIATED WITH SUJIFRESH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER SUJIFRESH NOR ANYONE ASSOCIATED WITH SUJI FRESH REPRESENTS OR WARRANTS THAT THE SITE, ITS INFORMATION, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, SUJIFRESH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THIS DISCLAIMER OF WARRANTIES DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14.0 Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SUJIFRESH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY INFORMATION ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THIS LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15.0 Indemnification
You agree to defend, indemnify, and hold harmless SujiFresh, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of this Agreement or Your use of the Site, including, but not limited to, Your Site Contributions, any use of the Site’s information, services, and products other than as expressly authorized in this Agreement or Your use of any information obtained from the Site.
16.0 Additional Terms
16.1 Geographic Restrictions. SujiFresh is based in Washington State. SujiFresh provides this Site for use only by persons located in the United States. Suji Fresh makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.
16.2 Governing Law and Jurisdiction. All matters relating to the Suji Fresh Site and this Agreement and any dispute or claim arising from the use of the Site or related to the Site, (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any choice or conflict of law provision or rule whether of the State of Washington or any other jurisdiction).
16.3 Waiver. No waiver by Suji Fresh of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Suji Fresh to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
16.4 Severability. If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
16.5 Entire Agreement. This Agreement, and the Suji Fresh Privacy Policy, constitute the sole and entire agreement between You and Suji Fresh regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
16.6 Contacting Suji Fresh. This Site is operated by Suji Fresh, PO BOX No. 2402, Redmond, WA. 98052. All notices regarding this Agreement or this Site should be sent to Sujatha Pubbaraju, PO BOX No. 2402, Redmond WA. 98052. All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to support@sujifresh.com.
Last Modified November 18th, 2018
