Sakara Life Terms & Conditions
Last updated: February 28, 2022
IMPORTANT NOTICE: THESE TERMS & CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTIONS BELOW. BY ACCEPTING THESE TERMS & CONDITIONS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.
Welcome to the website ("Site") of Sakara Life, Inc (“we”, “us”, “our” or “Sakara”). Please review the following terms (the “Terms”) that govern your use of our Site, applications, products, and services, as well as your participation in our rewards program described at the end of these Terms. Please note that your use of our Site constitutes your agreement to follow and be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms, you may not access or use the Site and you may not order, receive, or use the meals, products, content or services made available through the Site (collectively, the “Products”).
We reserve the right to change or modify these Terms at any time and in our sole discretion. Such changes or modifications will be posted as a modified agreement on the Site with an updated “Last updated” date. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Site or via email. Your use of our Site and the Products following any such change constitutes your agreement to follow and be bound by the Terms as changed. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Site or order, receive or use the Products.
We reserve the right to refuse service to anyone for any reason at any time. By agreeing to these Terms, you represent that you are over 16 years old and at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You warrant and represent that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.
2. SAKARA ACCOUNT
You may be required to create an account to use some of the features of the Site. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account. In creating an account, you represent to us that all information you provide in such process is true, accurate and correct, and that you will update your information as necessary to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information. You agree to notify us immediately of any unauthorized use of your account by contacting us at firstname.lastname@example.org and to change your password. You may not transfer your account to anyone else without our prior written permission.
4. NUTRITION AND ALLERGY DISCLAIMER AND LIABILITY WAIVER
We want you to be your healthiest, but we’re not doctors. You should always consult your doctor before making any changes to your health regime--including starting on a Sakara meal program or using Sakara Products.
By using Sakara Products, you acknowledge that you are doing so at your own risk, and have consulted with your doctor or other health professional about your diet change.
We do not claim our meal program or Products will alleviate, heal or cure any health condition or symptom. The content of this Site and any Product Sakara offers are not meant to diagnose, treat, prevent or cure any medical condition, and should not be used as a substitute for consulting a doctor or other health professional. Any information that you find on this Site or on websites we link to, receive from our employees, suppliers, or agents by phone, email or other communication channel, or obtain through contacts you make through Sakara should be verified with your doctor. Consult your doctor with any specific health questions or problems you may have. If you think you have a medical emergency or any condition requiring immediate attention, call your doctor or 911 immediately. The statements made by Sakara on this Site and our programs and Products have not been evaluated by the Food and Drug Administration.
Our program is not intended for people with severe allergies. Our kitchen facilities process and regularly use nuts. We do our best to accommodate allergies, but do not provide a product intended for people with medically-necessitated diets or severe allergies.
5. PRICING AND AVAILABILITY
All prices are shown in U.S dollars, and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide our existing subscribers with advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of your subscription meals or products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in the “Cancellation of Subscription” section of these Terms.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products, to limit the sales of our Products to any person, geographic region or jurisdiction and to substitute Products (including, but not limited to, specific ingredients in a meal or entire meals) without prior notice.
We strive to provide you with high-quality Products, and due to the perishable nature of certain ingredients and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at email@example.com. Note that gifts with purchase during special programs are available on a first-come, first-serve basis and subject to availability.
Our meal programs are scheduled according to availability. The deadline for program sign-ups is Thursdays at midnight EST. We cannot guarantee that a certain date is available to start the meal program as spots fill up quickly. The cut-off time for the program sign-up is 11:59PM EST two days before you want the program to start (for example: for a Monday start, you must order the program no later than 11:59PM EST on preceding Friday).
Most Sakara Products and services displayed at the Site are available only via online request in the United States while supplies last. Sakara does not ship internationally. In the case of international deliveries via third-party services, Sakara shall not be responsible or be held liable for delivery or use of the products once Sakara has delivered to the specified U.S. destination.
All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right at any time to modify or discontinue our Products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our Products. Any offer for any Product or service made on this Site is void where prohibited.
6. PAYMENTS, BILLING AND PROMOTIONS
Payment is due upon purchasing your Sakara Product or program. By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Subscription, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). By signing up for a meal program subscription, you acknowledge and authorize Sakara to collect, save, and charge your provided payment method for future transactions on your account regarding your subscription. For more details on recurring billing, please see the section titled “CONTINUOUS SUBSCRIPTIONS.”
7. PROMOTIONS, REFERRALS, AND DISCOUNTS
If you are using a promotion or a discount code, please enter it at checkout to receive an immediate discount. Only one promotion or discount code may be used per Order. Promotion or discount codes may be used on already discounted programs; however, we reserve the right to cease this practice at any time without notice. If you are using a discount code on a subscription program, once the first week of the subscription ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for the non-discounted price of your program (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the cutoff date for any weeks of your program beyond the discounted week. Instructions for cancelling your subscription are described in the “Cancellation of Subscription” section below. Please note that you will not receive a notice from us that the discounted week has ended, or that the full-priced portion of your subscription has begun. Holiday and other special promotions may, at the option of Sakara, carry specific terms, conditions, and restrictions, and we reserve the right to create, amend, and enforce said terms, conditions, and restrictions.
Through our referral program, Share the Glow, we offer you the opportunity to receive a $50 discount off your next Order for each new client that you refer to us who completes an Order of an organic meal delivery program or Clean Boutique purchase. We also offer a $50 discount to each new client that you are referring, valid only on their first order. Please note that in order for you and the new client to be eligible to receive the discount, they must be a new client (have not ordered any meals or products from Sakara before), they must place an Order for $75 or more, and they must order using the appropriate discount code and through your shared URL links. Once they place their eligible Order, you will receive an email with a $50 discount credit, valid on our organic meal delivery programs or Clean Boutique items, meeting the aforementioned requirements.
8. CONTINUOUS SUBSCRIPTIONS
WHEN YOU REGISTER FOR A MEAL PROGRAM SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) SAKARA LIFE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A WEEKLY BASIS FOR YOUR MEAL PROGRAM SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEAL PROGRAM SUBSCRIPTION CONTINUES, (B) THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF MEALS YOU RECEIVE EACH WEEK MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND (C) YOUR MEAL PROGRAM SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR WEEKLY MEAL PROGRAM ORDER AS OFTEN AS YOU'D LIKE BY MANAGING YOUR DELIVERY SCHEDULE LOCATED IN YOUR ACCOUNT.
9. CANCELLATION OF SUBSCRIPTION
YOU MAY CANCEL YOUR MEAL PROGRAM SUBSCRIPTION AT ANY TIME BY LOGGING IN TO YOUR ACCOUNT AND CANCELING SERVICE OR BY EMAILING OUR WELLNESS TEAM, AT INFO@SAKARALIFE.COM. YOU CANNOT CANCEL YOUR FIRST WEEK’S ORDER, AND ALL FUTURE WEEKS MUST BE CANCELED BY WEDNESDAY AT MIDNIGHT EST THE WEEK PRIOR TO DELIVERY. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY MEAL ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR MEAL PROGRAM SUBSCRIPTION.
Orders can be cancelled for a 100% refund up to 7 days prior to the start of your program, with the exception of your first week’s Order, which cannot be cancelled. If you need to make changes to your first week, you must email firstname.lastname@example.org before Wednesday at midnight EST the week prior to request the change.
10. SHIPPING, HANDLING, AND DELIVERY
You agree to pay any shipping, handling, and delivery charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate these charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping and delivery are handled by a third-party courier. When you purchase a meal delivery program or product from Sakara, shipping and delivery times shown on the Site are estimates only. Actual delivery dates and times may vary. You agree that you will not obtain, or direct shipment of, a product for export.
11. DELIVERY LOGISTICS
Current Delivery Area
We currently deliver to all 48 contiguous states in the U.S.
We ask that you leave detailed delivery instructions when checking out for your meal program. For example:
- Where should we leave your Sakara box? (the more descriptive the better)
- Is yours a residence or commercial building?
- Should we leave the box at your doorstep or with a doorman?
- Would you like the delivery team to call you on arrival?
We will notify you via email should there be a change in delivery schedule, including due to holidays.
12. DELIVERY DISCLAIMER
Sakara is not responsible for failed deliveries due to incorrect or incomplete addresses.
All Sakara meals should be kept refrigerated until consumed and freshness cannot be guaranteed past the 4th day from receipt. It is up to the client to maintain freshness once received. Our meals are packaged with insulated liners and ice packs and will typically remain cold and fresh for several hours, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for immediate and proper storage of your meals prior to consumption. It’s important to put your Sakara meals and perishable items in the refrigerator when you receive them. By purchasing the Sakara organic meal delivery program, you agree to properly and promptly refrigerate all meals until you plan to eat them. Since all of our food is fresh (and preservative-free, chemical-free, etc.), it will go bad if not properly stored and refridgerated. Sakara is not responsible for any food that has not been properly and promptly refrigerated after delivery.
In certain areas, you may be able to provide additional delivery instructions when setting up your account or placing your Order, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. We will do our best to deliver your meals to you in accordance with your specifications. However, if you are not home to receive the delivery, our team will leave your box according to your delivery instructions or in the safest available spot. Sakara is not responsible for replacing programs once delivered, in the event that you are not home and the delivery is taken.
Once the delivery has been made, we are no longer responsible for any damage to the delivery or for the security of its contents. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. If you think the contents are not suitable for consumption or have been tampered with, please let us know as soon as possible so we can find a more suitable arrangement for the next delivery.
Sakara is not responsible for damage or loss of personal property during deliveries if evidence of misconduct by Sakara or its delivery personnel cannot be provided.
13. MEAL PROGRAM AND DELIVERY MODIFICATIONS
If you are traveling, you can reschedule your deliveries by signing into your account, or emailing us at email@example.com for help. Because all meal programs are made to order, we require that you let us know by Wednesday at midnight EST of any changes to be made for programs beginning the following week, including but not limited to paused delivery, delivery address changes, allergy changes, and delivery window changes.
14. WEATHER & TRAFFIC ALLOWANCES
Our delivery partners do their best to get your food to you on time so you may enjoy it at its freshest. Still, they run into delays due to weather, traffic, and other factors that are outside of their control. We cannot guarantee delivery within your selected time slot.
In instances of inclement weather, we reserve the right to cancel our deliveries in order to avoid putting our delivery teams at risk. In such a case, we will notify you as early as possible and your meal program will be automatically extended by the number of days cancelled. If this does not suit your schedule, please let us know and we will do our best to find a better arrangement.
As both traffic and weather are outside of Sakara’s control, cash refunds will not be issued for affected Orders.
15. RETURNS, REPLACEMENTS, REFUNDS, AND CREDITS
Since our products are handcrafted and made-to-order with fresh ingredients, we cannot accept returns. All sales are final. If a product arrives damaged or you have concerns, please contact our Wellness Team (firstname.lastname@example.org). We do our best to ensure a flawless experience, and depending on the circumstances, we may, in our sole discretion, replace the meal or products, provide you with a full or partial refund for the purchase price of that meal or products, or provide you with a credit for that meal or product that will be automatically applied to future deliveries under your meal program subscription. If issued, a refund may take 3-5 business days to show up, depending on which bank you use. If you are provided with a credit for a future program, we may implement the credit in a variety of ways at our discretion, including extending the program for you ourselves, providing you with a discount code to use on a future Order, or applying a credit to your account, which will be automatically deducted from your next payment. If you have any questions regarding the replacement, refund, and credit logistics, please reach out to us at email@example.com for help.
Refunds will not be issued for delays that are the result of factors outside Sakara’s control, including but not limited to weather, traffic, and unexpected events as they relate to our delivery partners. If for any reason we have to cancel your delivery, you will be notified by email, and the number of meals canceled will be automatically added to the end of your program. If this does not suit your schedule, please let us know and we will do our best to find a better arrangement.
16. DISCLAIMER OF WARRANTIES
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME OR CANCEL OUR SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THIS SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CASE SHALL SAKARA, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT SAKARA IS LIABLE TO YOU EXCEED THE GREATER OF (I) $100.00 OR (II) THE AMOUNTS PAID BY YOU TO SAKARA IN CONNECTION WITH OUR PRODUCTS AND SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT ON WHICH YOUR CLAIM IS BASED. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF SAKARA FOR (1) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY SAKARA’S GROSS NEGLIGENCE OR FOR (2) ANY INJURY CAUSED BY SAKARA’S FRAUD OR FRAUDULENT MISREPRESENTATION.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SAKARA AND YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT'S "ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS." SIMILARLY, THIS SECTION DOES NOT LIMIT SAKARA’S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM SAKARA’S OWN INTENTIONAL OR RECKLESS CONDUCT.
To the fullest extent allowed by applicable law, you agree to indemnify, defend and hold harmless Sakara and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Sakara reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sakara in asserting any available defenses. This provision does not require you to indemnify Sakara for any unconscionable commercial practice by Sakara or for Sakara 's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, these Terms or your access to or use of the Site or Products.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Sakara and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
19. SITE CONTENTS
Unless otherwise noted, all materials, including text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are protected by copyrights, trademarks, trade dress and/or other intellectual property rights owned or controlled by Sakara its subsidiaries and/or affiliates, its licensors or other content providers. The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to are owned by Sakara. Sakara may prosecute infringement to the fullest extent permitted under applicable law.
Your access to and use of the Site does not grant you any license or right to use any trademark, logo, or service mark displayed on the Site. Sakara, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Site, including all associated intellectual property rights. Sakara neither warrants nor represents that your use of materials on the Site will not infringe rights of third parties.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. Downloading or copying the Site (including the Content) for other than personal use is expressly prohibited without the prior written permission of Sakara or any other copyright owner. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Site (which includes the Content), nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our names or trademarks, without the express written consent of Sakara. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
All software used on the Site is the property of Sakara or our licensors and protected by United States and international copyright laws. Subject to these Terms, Sakara hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to use the Site for your personal, noncommercial use only. This license does not include: (i) any resale or commercial use of the Site; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Site, in whole or in part.
Without Sakara’s prior permission, you agree not to display or use in any manner the Sakara marks.
20. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. Sakara is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain, in the sole opinion of Sakara or its representatives, libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that Sakara may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
21. SAKARA COMMUNICATIONS TO YOU
You agree that Sakara may send electronic mail to you for the purpose of advising you of changes or additions to this Site, or communicating with you about any Sakara Product, or for such other purpose(s) as Sakara deems appropriate. You have the option to opt-out of marketing communications.
Sakara may communicate with you using email or autodialed or prerecorded calls and text messages, at any telephone number that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.
22. SAKARA LIFE MOBILE MESSAGE SERVICE TERMS AND CONDITIONS
Last Updated: [Feb 28, 2022]
The Sakara Life mobile message service (the "Service") is operated by Sakara Life Inc. (“Sakara Life” , “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
If you opt into Marketing messages, you will receive marketing and promotional messages including cart reminders. If you opt into Updates messages, you will receive order updates, account alerts, and other account related information. Both services will be sent from Sakara Life via text messages through your wireless provider to the mobile number you provided.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Sakara Life. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to [insert your sending number]. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Sakara Life mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 70552 or email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice included in this page.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Sakara may route phone and text communications through a third-party service provider, and we or the service provider may record telephone conversations you have with Sakara or its agents for quality control and training purposes, or for our own protection.
The images and colors displayed on the Site do not necessarily represent or depict actual meal programs or food offered by Sakara. Meals and meal programs are subject to change without notice.
- RESTRICTIONS ON ACCESS AND USE
You agree to use the Site for your own internal and personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms, applicable policies and all laws that apply to you. If your use of the Site (including a purchase of any items on the Site) is prohibited by any applicable laws, then you aren’t authorized to use the Site. We are not responsible if you use the Site in a way that breaks the law.
You must not create multiple accounts and you must not let others use your account. You’re responsible for any activity associated with your account.
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.
When accessing or using the Site, you agree to:
- Abide by all laws, rules, regulations, these Terms, and all Sakara policies;
- Only purchase items you are legally able to purchase in your jurisdiction;
- Only use (or attempt to use) the Site through interfaces provided by Sakara; and
- Comply with the instructions in any robots.txt file present on the Site.
When accessing or using the Site, you agree not to:
- use the Site or any of our Products for any unlawful or unauthorized purpose;
- solicit others to perform or participate in any unlawful acts;
- violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- submit false or misleading information;
- submit objectionable content, including profanity, obscenity, lasciviousness, violence;
- upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
- collect or track the personal information of others;
- spam, phish, pharm, pretext, spider, crawl, or scrape;
- use the Site for any obscene or immoral purpose; or
- interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Site or any related website or service for violating any of the prohibited uses or these Terms.
- LINKS TO OTHER WEBSITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which Sakara does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Sakara is not responsible and shall not be held liable for the use of any such outside service or resource.
- INACCURACY DISCLAIMER
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your Order).
Sakara does not warrant that information made available on this Site is accurate, complete, reliable, error-free or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site and Products, or when you cease using our Site and Products. We are also free to terminate (or suspend access to) your use of the Site or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Even after your right to use the Site is terminated, these Terms will remain enforceable against you and unpaid amounts you owe to Sakara for items purchased will remain due.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding arbitration and class action waiver.
NO THIRD-PARTY BENEFICIARIES
These Terms are not enforceable by or for the benefit of any third party.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH SAKARA AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
YOU AND SAKARA AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE, THE PROGRAM, THESE TERMS, OR CONTENT (A "DISPUTE" AS DEFINED BELOW) SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, AS DETAILED BELOW.
You and Sakara agree that these Terms affect interstate commerce and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.
Disputes. "Disputes" shall include, but are not limited to, any claims or controversies between you and Sakara against each other related in any way to or arising out of in any way from the Site, the Products, the Program or the Content including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Sakara, even if the claim arises after you or Sakara has terminated use of the Site or a user account or these Terms. Disputes also include, but are not limited to: (a) claims that you bring against our employees, agents, affiliates, or other representatives; (b) claims that Sakara brings against you; (c) claims in any way related to or arising out of any aspect of the relationship between you and Sakara, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) claims that arose before these Terms or out of a prior set of Terms with Sakara; (e) claims that are subject to ongoing litigation where you are not a party or a class member; and/or (f) claims that arise after the termination of these Terms. “Disputes” does not include disagreements or claims concerning patents, copyrights, moral rights, trademarks, and trade secrets, claims of piracy or unauthorized use of intellectual property (collectively, “intellectual property claims”).
Initial Dispute Resolution. Most disputes can be resolved without resort to litigation. You can reach our support department at email@example.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our [support department], and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration Process and Procedure. Except as provided herein, if we cannot resolve a Dispute informally, any Dispute will be resolved only by binding arbitration to be held in the county in which you reside. For residents outside the United States, arbitration shall be initiated in New York, New York. Sakara and you further agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
To begin an arbitration proceeding, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, NY Times Building, 620 8th Ave, 34th Floor, New York, NY 10018; and (c) send one copy of the Demand for Arbitration to Sakara at 580 Broadway, Suite 210, New York, NY 10012.
The arbitration will be conducted by a single arbitrator. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at http://www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If there is a conflict between the JAMS Rules (or the rules of the alternative arbitral forum selected by the parties) and the rules set forth in this Arbitration Agreement, the rules set forth in this Arbitration Agreement will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state's law.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Sakara will pay the additional cost. Sakara shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be frivolous or asserted or conducted for an improper purpose. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney's fees and expert witness costs unless Sakara is specifically required to pay such fees under applicable law.
If Sakara's or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator.
You or Sakara may choose to pursue a claim in small claims court where: (a) jurisdiction and venue over you and Sakara otherwise qualifies for such small claims court; (b) such claim advances only on an individual (e.g., non-class, non-representative) basis; and (c) where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to provide Sakara with advance notice by email to firstname.lastname@example.org and by mail to 580 Broadway, Suite 210, New York, NY 10012.
These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Sakara on your behalf.
Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable or whether any claims are not subject to arbitration. The arbitrator will decide the rights and liabilities, if any, of you and Sakara. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND SAKARA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO RESOLVE DISPUTES IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Sakara are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out. Your notice must be sent via email to email@example.com and to: Sakara, 580 Broadway, Suite 210
New York, NY 10012 within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), your signature, and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
Parents, Subsidiaries, Affiliates. This Arbitration Agreement will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Sakara, or any employee, officer, director, or investor of Sakara, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Site, any person's access to and/or use of the Site, the provision of content, products, services, and/or technology on or through the Site, or the provision of the Program.
Changes to this Section. Sakara will provide thirty (30) days’ notice of any changes to this section by posting on the Site, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the applicable website or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection titled "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the sections entitled "Arbitration" and "Class Action Waiver" and the court or arbitrator shall apply the first Arbitration and Class Action Waiver sections in existence after you began using the Site.
Severability. Subject to the section titled "Class Action Waiver," if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of these Terms or your relationship with Sakara.
29. CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Sakara and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Sakara and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party. If an arbitrator or a court determines that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then the portion of the claim seeking that remedy (and only that portion of the claim) must be severed from the arbitration and may be brought in court. All other claims shall remain subject to arbitration solely on an individual basis.
The arbitrator cannot combine more than one person's or entity's claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And the arbitrator's decision or award in one person's or entity's case can only impact the person or entity that brought the claim, not other Sakara users, and cannot be used to decide other disputes with other users.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York.
If any clause within this Class Action Waiver Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
This Class Action Waiver Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Sakara, or any employee, officer, director, or investor of Sakara, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute.
This Class Action Waiver Section shall survive any termination of your account or the Site.
Electronic Communications. You agree to receive communications from Sakara electronically, such as emails, texts, or notices and messages on the Site, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Sakara provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing."
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without Sakara’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Force Majeure. Sakara shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Choice of Law. These Terms and any dispute of any sort that might arise between you and Sakara will be interpreted in accordance with the law of the State of New York and the United States of America, consistent with the Federal Arbitration Act, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction.
Exclusive Venue. Any claim or dispute that between you and Sakara that arises out of or is related to the Site or the Products and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in New York, New York, and you hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York, New York.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Site or the Products must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
Notice. Where Sakara requires that you provide an email address, you are responsible for providing Sakara with your most current email address. In the event that the last email address you provided to Sakara is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Sakara’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Sakara at the following address: Sakara, 580 Broadway, Suite 210, New York, NY 10012. Such notice shall be deemed given when received by Sakara by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
Export Control. You may not use, export, import, or transfer the Site or the Products except as authorized by U.S. law, the laws of the jurisdiction in which you used the Site or purchased any Products on the Site, and any other applicable laws. In particular, but without limitation, the Site, including any Products purchased on the Site, may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Site or purchasing or using Products on the Site, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site or the Products purchased on the Site for any purpose prohibited by U.S. law.
Entire Agreement. These Terms and any policies or operating rules posted by us through the Site constitute the entire agreement and understanding between you and us and govern your use of the Site and the Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.
Waiver. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Severability. Subject to the section titled “Arbitration,” in the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section Titles. The headings used in the Terms are included for convenience only and will not limit or otherwise affect these Terms.
31. SAKARA REWARDS
- Membership & Eligibility
The Sakara Rewards Program ("Program") is a free rewards program offered by Sakara to its customers located in the United States. Membership in the Program ("Membership") is limited to individuals only and is limited to one account per individual. You must be age 16 years or older and a legal resident of the United States to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.
BY CREATING AN ACCOUNT ON SAKARA.COM YOU ARE AUTOMATICALLY OPTING INTO THE SAKARA REWARDS PROGRAM, AND YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE TERMS. NO PURCHASE IS NECESSARY TO CREATE AN ACCOUNT AND JOIN THE SAKARA REWARDS PROGRAM. HOWEVER, A PURCHASE IS NECESSARY TO QUALIFY FOR A TIER AND REDEEM REWARDS.
- Membership Tiers; Earning and Redeeming Sakara Rewards Points
Membership Tiers Generally
There are three Tiers of membership in the Program: Silver, Gold, and Platinum. All membership Tiers enjoy a variety of benefits made available by Sakara in its sole discretion from time to time (“Benefits”). Benefits may vary by Tier and some Tiers may have more Benefits than others. The type, timing, and availability of any Benefits (including Rewards as defined below, special offers, sweepstakes, one of a kind experiences, exclusive events, and advance access to products) will be determined by Sakara in its sole discretion.
Sakara may, in its sole discretion, alter, limit, or modify the Tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular tier or may terminate a particular tier at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law.
All registered Sakara Rewards members are granted Silver status upon their first purchase. Subject to removal from the Program (as explained in Section 7 below), a member will remain a Silver status indefinitely unless the minimum annual spend required to achieve Gold or Platinum status is met.
Gold status is conferred on those registered Sakara Rewards members who spend a minimum of $1,000 during a rolling 12 month calendar. Gold status is maintained for the 12 months in which the Sakara Rewards member qualifies; after that, annual requalification is required.
Platinum status is conferred on those registered Sakara Rewards members who spend a minimum of $5,000 during a rolling 12 month calendar. Platinum status is maintained for the 12 months in which the Sakara Rewards member qualifies; after that, annual requalification is required.
Sakara Rewards Points
Under the Program, all three Tiers of membership will have 1 Point (a “Sakara Rewards Point”) credited to their Sakara Rewards for every U.S. dollar spent.
Any reference to "merchandise" or the value of merchandise in these Terms for purposes of collecting Sakara Rewards Points includes all Sakara Products sold online through sakara.com only. It does not include payment for e-gift cards, gift cards, ticket purchases for special Sakara events, or value of any discount codes used. Rewards Points are not earned on purchases of Sakara products through other on- or off-line retailers.
As part of the Benefits of being a member, your Sakara Rewards Points may be redeemed for rewards made available by Sakara from time to time in its sole discretion (“Rewards”). You are eligible to redeem Sakara Rewards Points for a Reward if you have enough Sakara Rewards Points in your account. Rewards can only be redeemed online and shipped to addresses in the contiguous United States.
Sakara Rewards Points themselves have no cash value and can only be redeemed for Rewards. Sakara may, in its sole discretion, allow Sakara Rewards Points to be redeemed for other benefits or items of merchandise from time to time. However, unless expressly permitted by Sakara, Sakara Rewards Points are never redeemable for cash, for another product, for gift cards or for e-gift certificates.
Sakara Reward Point Expiration
It's our hope that you redeem your Sakara Rewards Points on a regular basis. All unredeemed Sakara Rewards Points will expire when a Program member has not engaged in Sakara Rewards Point activity associated with that membership account (through purchase or redemption) for 12 months or longer. If you have questions regarding the date of your last Sakara Rewards Point activity or your last purchase, check your Profile page. If you feel Sakara Rewards Points have expired in error, please email customer service at firstname.lastname@example.org for assistance.
Sakara Rewards Profile Page
Your Sakara Rewards profile page is your destination for everything Sakara Rewards related, including the Benefits associated with your membership Tier; your current Sakara Rewards Point balance or Sakara Rewards Point activity stored in your account. Your Sakara Rewards profile page can be accessed by logging into your online account at www.sakara.com/pages/rewards.
Sakara may offer Rewards through your profile page from time to time and in its sole discretion. Your Sakara Rewards page is where you can browse Rewards and then redeem Sakara Rewards Points for Rewards with redemption varying in Points.
All Sakara Rewards are offered for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each Reward are limited and you must be a registered Sakara Rewards member in order to redeem offers. Sakara Rewards members may only redeem one of each Reward per transaction. Sakara Rewards Points will be deducted at time of redemption. Rewards are subject to change, alteration, substitution, or termination by Sakara in its sole discretion at any time.
All Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for Sakara Rewards Points, cash, another product, gift card or e-gift certificate unless pursuant to a specific offer from Sakara. Sakara is not responsible for lost, stolen, or damaged Rewards. You are solely responsible for any taxes incurred by you relating to the receipt of Rewards. Rewards can only be shipped to addresses in the contiguous United States. See specific Rewards for any additional terms and conditions.
Redeeming a Reward
Rewards available for redemption online require a priced merchandise purchase.
If your online order is not completed during the same visit, the Rewards will remain in your shopping basket. However, they may no longer be available when you return and complete the order. You are not required to redeem a Reward during checkout. In the event a Reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Sakara customer service via email at email@example.com.
Online Order Cancellation
Because all Rewards redeemed online are shipped with merchandise orders, if you cancel an item from your order and that cancellation drops your Sakara Rewards Points balance below the required Sakara Rewards Points to redeem the Reward, you will still receive the Reward as long as other merchandise is being shipped. It is possible your account could have a negative balance if you do not have enough Sakara Rewards Points in your account because of the item cancellation. If your entire order is cancelled by you, any Reward will not ship because a merchandise purchase is required and the redeemed Sakara Rewards Points will be re-credited to your account.
Redeemed Sakara Rewards Points will be re-credited if an order is cancelled by Sakara.
Samples and all other promotional items are shipped with merchandise orders only. If part of your order is cancelled, the samples and/or other promotional items in your order will ship with the rest of your merchandise order. If your entire order is cancelled, the samples and/or other promotional items will not ship because a merchandise purchase is required.
- Certain Tier Benefits and Rewards Explained
Redeem Points for Products
All Sakara Rewards members will earn 1 point per $1 spent on all purchases, excluding gift cards and any discount code value used.
All Sakara Rewards members are able to add their birthday to their Rewards account. If provided, a member will automatically receive 300 points (once per year) to redeem a wellness essential of their choosing.
Sakara Rewards members with a Gold or Platinum status receive free standard shipping on all qualifying online Clean Boutique purchases in the contiguous United States. The shipping fee will be automatically waived at checkout, no discount code required.
Early Access to New Products & Programs
Sakara Rewards members with a Gold or Platinum status are eligible to receive early access to shop new Clean Boutique products and Organic Meal Delivery & Clean Boutique programs.
Free Sampling of New Products
Sakara Rewards members with a Platinum status are eligible to receive free sampling of new products that are launched.
Sakara Rewards members with a Platinum status are eligible to receive seasonal gifts throughout the year.
Dedicated Wellness Concierge Available via Text
Sakara Rewards members with a Platinum status are eligible to receive access to a dedicated Wellness Concierge available via text message. Standard message and data rates apply.
Free Admission to Sakara Events
Sakara Rewards members with a Platinum status are eligible to receive free admission to in-person and virtual events hosted by Sakara.
- Communications with Sakara; How to Opt Out
By joining the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from Sakara. If you do not wish to receive these communications, you can unsubscribe via the “unsubscribe” link at the footer of emails.
- Changes, Termination and/or Removal From Program
Sakara may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, Rewards, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Sakara website.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
Sakara reserves the right to exclude individuals from the Program or remove Sakara Rewards Points from a member's Rewards balance in its sole but reasonable discretion. In particular, any abuse, manipulation or "gaming" of the Program or its rules (as determined by Sakara), failure to follow any terms of the Program, Membership inactivity for more than 12 months, any misrepresentation or any conduct detrimental to the interests of Sakara not otherwise protected by law may subject members to Membership revocation or deduction of Sakara Rewards Points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any Sakara Rewards Points in your account will automatically expire. Sakara reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.
All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 2020 Sakara Life, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement, and assembly) of all Program content is the exclusive property of Sakara and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Sakara or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display, or performance - without the prior written permission of Sakara is strictly prohibited.
- CONTACT INFORMATION
If you have any questions or concerns with respect to these Terms, the Products or the Program, or to report any violations of these Terms, please contact us at: firstname.lastname@example.org.