Terms of Sale

TERMS OF SALE

These terms apply to all consumer purchases of Foster Farm Botanicals d/b/a Foster Farm Botanicals and Foster Botanicals products, services, or support.

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCT.

These Terms of Sale (“Agreement”) apply to your purchase of products, and/or services and support (together, “Product”) sold in the United States by Foster Farm Botanicals (FFB). You agree to these terms by placing your order. If you have already placed your order and no longer want to be bound to this Agreement then you must either promptly cancel your order by contacting FFB at orders@fosterfarmbotanicals.com or return your purchase in accordance with FFB’s return policy. Please act promptly and note that these options may carry restocking or other fees.

This is a binding agreement. As an Agreement between FFB and yourself, it may NOT be altered, supplemented or amended by any other document unless the new document is signed by both you and FFB. In addition to this document, the terms contained within the other FFB documents referenced in this Agreement.

Orders, Pricing and Payments. FFB strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors in such communications. Your order is subject to cancellation by FFB, in FFB's sole discretion. Unless otherwise agreed to by FFB, payment must be received by FFB prior to our acceptance of an order. FFB may process payment for and ship parts of an order separately. Except as specifically set forth in any product description, payments are non-refundable.

Shipping. Product title passes to you when the Product is shipped. You have 21 days to notify FFB of any missing, wrong, or damaged portion of your purchase or FFB cannot be held responsible for these issues. Unless you provide FFB with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order.

Warranties. THE LIMITED WARRANTIES APPLICABLE TO FFB-BRANDED PRODUCTS CAN BE FOUND IN THE DOCUMENTATION FFB PROVIDES WITH FFB-BRANDED PRODUCT. FFB MAKES NO OTHER WARRANTIES FOR FFB-BRANDED PRODUCT, AND MAKES NO WARRANTIES WHATSOEVER FOR SERVICE, MAINTENANCE OR SUPPORT OR FOR NON-FFB BRANDED PRODUCTS, SOFTWARE, SERVICES, OR SUPPORT. SUCH PRODUCT, SOFTWARE, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY FFB "AS IS" AND ANY THIRD-PARTY WARRANTIES, PRODUCTS, SOFTWARE, SERVICES, MAINTENANCE OR SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY FFB. SOME STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

Service. In addition to these Terms of Sale, FFB and/or your third-party service provider may provide service and support to you in accordance with an applicable service agreement located or as otherwise delivered to you. If you have purchased a service offering, please review the applicable service agreement carefully as it contains important rights and limitations.

Subscriptions.

Registration: WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) FFB’S THIRD PARTY PAYMENT PROCESSOR IS AUTHORIZED TO CHARGE YOU ON THE FREQUENCY OF SHIPMENTS YOU MOST RECENTLY SELECTED (E.G., MONTHLY, EVERY TWO MONTHS OR OTHERWISE) FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.  YOU MAY SKIP ANY SHIPMENT OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, SUBJECT TO THE TERMS SET FORTH ON OUR SITE AND HEREIN.

Cancellation Policy:  TO CANCEL YOUR SUBSCRIPTION, YOU MUST DO SO AT LEAST THREE (3) DAYS PRIOR TO YOUR NEXT BILLING DATE WHICH IS SHOWN ON THE MY ACCOUNT PAGE.  YOU MUST EITHER EMAIL US AT ORDERS@FOSTERFARMBOTANICALS.COM OR LOG INTO YOUR ACCOUNT AT FOSTERFARMBOTANICALS.COM. ANY CANCELLATION RECEIVED WITH LESS THAN THREE (3) DAYS UNTIL THE NEXT BILLING DATE WILL NOT BE EFFECTIVE UNTIL THE FOLLOWING BILLING PERIOD AND YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. 

Telephone Communications. Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.

Limitation of Liability. FFB DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, RESTRICTIONS UNDER STATE OR FEDERAL LAW ON YOUR USE OF THE PRODUCT, LOST PROFITS, LOSS OF BUSINESS OR FOR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, FFB WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, FFB IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

Representations. You acknowledge and represent that you are authorized, under the law applicable in your state, to make your purchase.

Purchases may not be resold or exported. Your purchase is for your own use, not for resale or export. Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws.

Governing Law. The parties agree that this agreement, any sales there-under, or any claim, dispute or controversy (whether in contract, tort or otherwise) between you and FFB arising from or relating to this agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this agreement, FFB's advertising, or any related purchase shall be governed by the laws of the state of Vermont, without regard to conflicts of law.

Dispute Resolution and Binding Arbitration. YOU AND FFB ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND FFB, ITS AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, DIRECT AND INDIRECT SUBSIDIARIES, AND ANY THIRD PARTY PROVIDING ANY PRODUCTS OR SERVICES TO YOU IN CONNECTION WITH YOUR PURCHASE (COLLECTIVELY "FFB") ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCT, THIS AGREEMENT, ITS INTERPRETATION OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT (INCLUDING RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), FFB'S ADVERTISING OR ANY RELATED PURCHASE SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISION INCLUDING ANY UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THE ARBITRATION PROVISION OR THE AGREEMENT IS VOID, VOIDABLE OR OTHERWISE INVALID. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) OR JAMS (OR A SUBSTITUTE FORUM IF BOTH ARE UNAVAILABLE). ARBITRATION PROCEEDINGS SHALL BE GOVERNED BY THIS PROVISION AND THE APPLICABLE PROCEDURES OF THE SELECTED ARBITRATION ADMINISTRATOR, INCLUDING ANY APPLICABLE PROCEDURES FOR CONSUMER-RELATED DISPUTES, IN EFFECT AT THE TIME THE CLAIM IS FILED. CONSUMER CLAIMANTS (INDIVIDUALS WHOSE TRANSACTION IS INTENDED FOR PERSONAL, FAMILY OR HOUSEHOLD USE) MAY ELECT TO PURSUE THEIR CLAIMS IN SMALL-CLAIMS COURT RATHER THAN ARBITRATION. THE ARBITRATION OR SMALL-CLAIMS COURT PROCEEDING WILL BE LIMITED SOLELY TO THE CUSTOMER'S INDIVIDUAL DISPUTE OR CONTROVERSY.

YOU AGREE TO AN ARBITRATION ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, NEITHER CUSTOMER NOR FFB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING ARBITRATION TERMS SHALL BE ENFORCED (BUT IN NO CASE SHALL THERE BE A CLASS ARBITRATION.

THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER LAW OR IN EQUITY. THIS TRANSACTION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT 9 U.S.C. SEC. 1-16 (FAA). ANY AWARD OF THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON EACH OF THE PARTIES, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.  IF YOU PREVAIL ON ANY CLAIM THAT AFFORDS THE PREVAILING PARTY ATTORNEYS' FEES, THE ARBITRATOR MAY AWARD REASONABLE FEES TO YOU UNDER THE STANDARDS FOR FEE SHIFTING PROVIDED BY LAW. INFORMATION ON AAA OR JAMS AND THEIR APPLICABLE RULES ARE AVAILABLE AT THE FOLLOWING NUMBERS AND URLS: AMERICAN ARBITRATION ASSOCIATION, (800) 778-7879, WWW.ADR.ORG; JAMS, (800) 352-5267, WWW.JAMSADR.COM.