TERMS & CONDITIONS OF USE

BY USING SBJORGANICS.COM (SWEETBABYJANEORGANICS.COM)
ALL MEMBERS MUST HEREBY AGREE TO THE FOLLOWING TERMS:

I agree all information submitted is truthful and accurate. I also agree to abide by the Terms and Conditions set forth to be in compliance with SBJ Organics and the Collective Membership Agreement. Applicants will officially become a member of SBJ Organics upon verification of your recommendation and electronic signature. By accessing the Site, you are representing to us, in addition to all terms herein contained that You: A. are 18 years of age or older; and B. live in the State of California and are a resident of a local jurisdiction where medical marijuana use is not prohibited by law; and C. are accessing the Site from within the State of California or local jurisdiction where medical marijuana is not prohibited by law; and D. are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein. A false representation may be a criminal offense.

APPLICATION AND AGREEMENT

Upon completion and submittal of your New Customer Account you will be emailed a Collective Membership Application and Agreement.  Simply follow the directions to initial and sign the SBJ Organics Collective Membership Agreement and submit.  A copy will be provided to you for your records once completed.  Your Membership will not be complete until the Collective Membership Application and Agreement has been authorized and returned to SBJ Organics.

New orders in excess of $250 are subject to additional verification including a copy of the member’s driver’s license, credit card and recommendation.  The member’s identification must match the shipping address and informaiton provided otherwise service and membership may be deinied.  Orders placed and requested to be shipped to another person’s name and address other than the member are prohibited.

All orders in excess of $500 come standard with signature required.

SITE ACCESS

SBJ Organics grants you access to make personal use of the Site, subject to the Terms. The Site and any portion hereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of SBJ Organics. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout and form) of SBJ Organics and/or its affiliates without the express written consent of SBJ Organics. You may not use any meta tags or any other “hidden text” utilizing SBJ Organic’s name or Marks without the express written consent of SBJ Organics. Any unauthorized use terminates the agreement granted by SBJ Organics.

LEGAL NOTICE

The following Terms and Conditions apply to the use of this Website as well as all transactions conducted through the site.

The information provided on the Website is not a substitute for the advice of your personal physician or other qualified health care professional. Always seek the advice of your physician or other qualified health care professional with any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.

ACCEPTANCE

Welcome to the SBJOrganics.com website (the “Site”), which is owned and operated by SBJ Organics, a California Nonprofit Mutual Benefit Corporation. SBJ Organics maintains the Site as a service to its visitors and members, subject to the following terms and conditions concerning the use of the Site (“Terms of Use”, or “TOU”). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use, you may not use the Site. SBJ Organics reserves the right to modify content on the Site and these Terms of Use periodically, without prior notice. The terms and conditions contained herein apply to all users of the Site if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.

MEMBERSHIP

As a member of SBJ Organics you will be granted access to the Site in accordance with your acceptance of the Terms of Use.  Any violation of these terms will result in the cancelation of your membership. SBJ Organics reserves the right to suspend the membership of anyone who does not comply with our Terms of Use and abuses the Site policies.  Occasionally SBJ Organics may find it necessary to discontinue accepting new members to ensure that we can provide the highest level of service to our existing members.

MINIMUM ORDER

The minimun order allowed utilizing the “New Member” discount or any other coupon or discount special is $100.  The “New Member” discount may not be used in conjunction with any other coupons, discount specials or sale items.  If no discount or coupon is used there is not a minimum order amount.

DISCOUNTS AND SPECIAL OFFERS

The “New Member” discount may not be used in conjunction with any other coupons, special offers or discounts.  Coupons may not be used in conjunction with any other special offers or discounts and the minimum order allowed utilizing any special offer or discount is $100.

POLICY

SBJ Organics abides by a ZERO TOLERANCE policy relating to any illegal content or use of this site. Depictions of children or any type of obscene and/or illegal material shall not be tolerated by SBJ Organics.

PRODUCT INFORMATION

SBJ Organics attempts to be accurate in describing its products.  We do not warrant that product descriptions or other content of the Site are complete, reliable, current or error-free.  In some cases products listed on the Website may not be available at which time we will contact you and attempt to make a similar recommendation for replacement.

COLORS

SBJ Organics has made every effort to display as accurately as possible the colors of our products that appear on the Site.  As the actual colors you see depend on your computer monitor, we cannot guarantee that your monitor’s display will be accurate.

PHOTOS

Photos are for the purpose of example only – actual product may differ slightly in appearance.

DONATIONS

You acknowledge that SBJ Organics reserves the right to charge for services and to change its donation amounts from time to time at its discretion. Furthermore, in the event SBJ Organics terminates your rights to use the Site/service because of a breach in this agreement, you shall not be entitled to a refund of any unused portion of subscription, posting, or other donations.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SBJ ORGANICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

A.  ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

B. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE;

C. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

D. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE;

E. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR;

F. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SBJ ORGANICS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SBJ ORGANICS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

LIMITATION OF DELIVERY LIABILITY

IN NO EVENT SHALL SBJ ORGANICS BE LIABLE FOR CLAIMS WHEN THE MEMBER HAS NOT MADE ARRANGEMETNS FOR THE “SIGNATURE REQUIRED” OPTION AND THE DEFAULT STANDARD SHIPPING POLICY IS USED TO LEAVE THE PACKAGE WITHOUT OBTAINING A DELIVERY SIGNATURE.

All orders in excess of $500 come standard with signature required.

NOTE: In the event that the carrier is not able to deliver the shipment the next business day as scheduled, SBJ Organics shall not be held liable for the delivery delay.  Every attempt will be made to locate the package and have the shipment delivered as quickly as possible.  No replacement shipment will be made until the delivery has been deemed to have been lost, at which time a replacment shipment will be sent at no additional charge to the member or a refund of the order amount donated by the member.

Loss or Damage Claims: If the shipment is lost or damaged, you may file a claim.  All claims must be initiated within 5 business days of the order date by contacting SBJ Organics at 650-350-0868 or orders@sbjorganics.com

WE ARE NOT LIABLE FOR

Delayed Shipments: We will make our best effort to deliver your shipment according to our regular delivery schedule.

Circumstances Beyond our Control: We are not liable if a shipment is lost, misdelivered, damaged or delayed because of circumstances beyond our control.

Extent of Our Liabilty: We make no warranties, express or implied.  Our liability for a shipment that is not delivered is limited to a refund of the order amount donated by the member.

INDEMNITY

You agree to defend, indemnify and hold harmless SBJ Organics, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

A. Your use of and access to the Site;

B. Your violation of any term of these Terms of Service;

C. Your violation of any third party right, including without limitation any copyright, property, or privacy right; or

D. Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the site.

ASSIGNMENT & SEVERABILITY

The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SBJ Organics without restriction. If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate State or Federal court located in the State of California, San Francisco County region. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.

REVISIONS, CHANGES & UPDATES

We may revise the information on the Website or otherwise change or update the Website, including these Terms and Conditions, without notice to you. SBJ Organics may also make improvements and/or changes in products and/or services described on the Website or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of the Website will signify your continued agreement to these Terms and Conditions as they may be revised.

ACCESS, CORRECTION & DATA INTEGRITY

THIS SITE IS PROVIDED BY SBJ ORGANICS ON AN “AS IS” AND “AS AVAILABLE” BASIS. SBJ ORGANICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ALL SITE-RELATED SERVICES, AND THIRD PARTY WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SBJ ORGANICS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE WEBSITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY SBJ ORGANICS UNLESS SPECIFICALLY STATED OTHERWISE. AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

Although we attempt to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Website by third parties without our knowledge. If you believe that information found on the Website is inaccurate or unauthorized, please inform us by contacting our Customer Service Department at ‘Contact Us‘ or by emailing us at orders@sbjorganics.com.

EMAIL COMMUNICATIONS

By accepting these Terms and Conditions, you agree to receive communications by email.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your SBJ Organics online password or account. It is your sole responsibility to (1) control the disclosure and use of your password; (2) authorize, monitor, and control access to and use of your SBJ Organics online account and password; and (3) promptly inform the SBJ Organics Customer Service Department of any need to deactivate a password at ‘Contact Us‘.

USER COMMENTS

We welcome your comments and reviews about our website, products and service.  However, any comments, feedback, messages, ideas, suggestions or other communications sent to us, whether through the Website, email or other means, shall be and remain the exclusive property of SBJ Organics.  Your submission of any comments shall constitute an irrevocable assignment to SBJ Organics of any and all rights, titles and interests in all copyrights and other intellectual property rights in the comments.  For this reason, we ask that you not send us any comments which you do not intend to assign to us, including confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

AGREEMENT

BY USING THE WEBSITE OR BY CLICKING “I ACCEPT”, OR PRINTING YOUR NAME FOR SIGNATURE YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.