Terms & Conditions
Thank you for shopping at mojrky.com. This privacy and security policy (“Policy”) outlines the information we collect, how we use the information and the choices you have to review, revise and/or restrict our usage of this information.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of MoJerky LLC The collective work includes works that are licensed to MoJerky LLC Copyright 2019, MoJerky LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with MoJerky LLC or purchasing MoJerky LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with MoJerky LLC or to purchase MoJerky LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by MoJerky LLC You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names used in the site are owned by MoJerky LLC and duly registered with the appropriate governmental authority.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, MoJerky LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. MoJerky LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. MoJerky LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
MoJerky LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if MoJerky LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a MoJerky LLC product is mistakenly listed at an incorrect price, MoJerky LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. MoJerky LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MoJerky LLC shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by MoJerky LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
MoJerky LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to MoJerky LLC
Your use of this site shall be governed in all respects by the laws of the state of Pennsylvania, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of MoJerky LLC products) shall be in the state or federal courts located in Philadelphia, Pennslyvania. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of MoJerky LLC products) must be commenced within one (1) year after the claim or cause of action arises. MoJerky LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. MoJerky LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a MoJerky LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
MoJerky LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, MoJerky LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, MoJerky LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to MoJerky LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless MoJerky LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, MoJerky LLC may link to sites operated by third parties. However, even if the third party is affiliated with MoJerky LLC, MoJerky LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MoJerky LLC These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, MoJerky LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Shipments; Delivery; Title and Risk of Loss
(a) We will arrange for shipment of the products to you. MoJerk LLC only accepts orders for shipments within the U.S. Orders to international destinations or to Puerto Rico or other US territories will not be processed. Please check the cart for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. All Orders placed on the Site are subject to product availability
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds
Except for food products or other products designated on the Site as final sale, non-refundable or non-returnable, we will accept a return of products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within fourteen (14) days of receipt of order and such products are returned in their original condition. For a replacement product or refund, please contact directly. Do not return a product before receiving approval from us. You are responsible for all shipping and handling charges on returned items, unless otherwise specified. You bear the risk of loss during shipment. Depending on the circumstances, we may, in our sole discretion, replace the product at our expense or provide you a full or partial refund of the purchase price of the product. Do not return food products to us without prior approval.
Any refund will be credited back to the same payment method used to make the original purchase on the Site.
WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-REFUNDABLE.
Prices and Payment Terms
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) From time to time we may offer promotions on the Site that may affect pricing or shipping and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept American Express, Visa, Discover Card, Mastercard, and PayPal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. By providing a credit card or other payment method that we accept, 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, shipping and other charges) (collectively 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 for future orders, 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 Order, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.
Subscriptions and Cancellation Policy
Subscriptions. We may offer subscription plans through which you can choose to have specific products shipped to you monthly (“Subscription”). You select the type and number of product you will receive and that will determine the amount you are charged each month. If you change your Subscription, the applicable price may also change. Changes to your Subscription may also result in changes to any applicable taxes or shipping and handling charges. If we change the prices or other charges associated with your Subscription, we will provide you with notice of such changes, such as by email or a notice posted on our Site, mojrky.com. For more information about our Subscriptions, please visit the Shop page on our website.
WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) MOJERKY LLC (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS 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.
Cancellation Policy. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH YOUR MY ACCOUNT PAGE. HOWEVER, ANY PORTION OF THE SUBSCRIPTION IDENTIFIED AS “ORDER PROCESSED” OR “SHIPPED” ON YOUR ACCOUNT PAGE, HAS BEEN PROCESSED AND CANNOT BE CANCELLED. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.
In the event you cancel your Subscription, please note that we may still send you promotional communications about MoJerky, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.