Terms & Conditions

UP IN FARMS WEBSITE TERMS AND CONDITIONS

  1. This website is exclusively owned and operated by Soul City Hospitality LLC (“Soul City”). These terms and conditions apply to all registered users of the website, and any violation of these Terms and Conditions may result in being barred from future access to or use of the website.
  2. Your access to and use of this website serves as an expression of your understanding of these Terms and Conditions and your agreement to be legally bound by the Terms and Conditions.  It creates a personal, revocable, nonexclusive, nontransferable license to access, post to and otherwise use this website, conditional upon your continued compliance with the Terms and Conditions.  You represent and warrant to Soul City that you will not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions.  Should you object to any term or condition of this website, your only recourse is to discontinue use of the site.
    1. You use this website solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Soul City has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this website over the Internet cannot be guaranteed. You agree that Soul City has no control and is not responsible for the content made available by third parties. All statements and materials, whether original posts or comments to those posts, reflect the views of such individual contributors and do not reflect the views of Soul City. By using this website you may be exposed to content that is offensive, indecent, misleading inaccurate or otherwise to your objection. You acknowledge that Soul City does not pre-screen or approve Content, but further acknowledge that Soul City has the sole discretionary right to refuse, delete or otherwise edit any content we deem inappropriate or in violation of these Terms and Conditions.
    2. You further agree that you will not post any material:
      1. That impersonates any person or entity or acts on behalf of another person or entity without authorization, including, but not limited to, any Soul City Hospitality LLC employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
      2. That includes personal or identifying information about another person without that person’s explicit consent;
      3. That is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
      4. That constitutes or contains any form of junk mail, spam, chain letter, pyramid scheme or other unsolicited or illegal commercial advertisement;
      5. That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited by law; or
      6. That employs any tool to disguise the origin of content, including false or misleading E-mail addresses.
    3. The contents of this website, including all copyrightable materials, whether identified as such or not, trademarks and service marks, logos and designs are the property of Soul City Hospitality LLC, copyright © 2017 unless stated otherwise. They may be accessed, printed, downloaded and distributed for personal use only.  They are not to be reprinted, repurposed, redistributed, removed or republished in any manner for any purpose whatsoever.  Under no circumstances may the content on this Site be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written consent of Soul City and only then will such reproduction, mirroring, cataloguing, framing, display  republication be permitted if it contains the Soul City copyright notice.  All rights not expressly granted herein are reserved.
    4. Although Soul City does not claim ownership of any content posted to the site, when submitting content to Soul City through this website, you agree that:
      1. Your disclosure is gratuitous, unsolicited and without restriction and will not place Soul City, its subsidiaries, affiliates, and partners under any fiduciary or other obligation;
      2. Soul City may refuse or remove any submission, for any reason, with or without notice to you. However, we have no obligation to monitor submissions;
      3. You are and will remain the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, or, to the extent that any third party ownership rights exist, you have obtained all necessary licenses and/or clearances to use such third party content;
      4. You will be responsible for damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a submission. Soul City, its subsidiaries, affiliates, and partners, as well as individuals including but not limited to past and present officers, directors, employees, agents and representatives are not responsible for any such liability;
      5. You are hereby granting Soul City and its licensees, assignees, and authorized users a perpetual, worldwide, non-exclusive, royalty-free, freely assignable sub-licensable (through multiple tiers) right (including moral rights) and license to use, publish, reproduce, display, perform (by media including but not limited to broadcast and the Internet), adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose, commercial or otherwise. This license will end within a reasonable time after your deletion of a submission, though any use of a submission prior to deletion may continue Further, the submission may be maintained in our archives or in the form of backup copies; and
      6. Soul City may use your name, voice, likeness and other identifying information included in your submission where part of a submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You further waive any moral rights you may have in your submission.
    5. We provide the following information in compliance with the Digital Millennium Copyright Act:

    POLICY RELATING TO COPYRIGHT INFRINGEMENT AND IDENTIFICATION OF DESIGNATED AGENT FOR PURPOSES OF SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.

    If you have reason to believe that material in which you (or any person or entity for which you are an authorized agent) hold the copyright has been posted in the user comment sections of the Site without Appropriate authorization, please contact Soul City’s Designated Agent to Receive Notification of Claimed Infringement: Jeff Good.

    You must provide our Agent with the following Notice:

    1. a) Identify the material on the site that you claim is infringing, with enough detail so that we may locate it on the website;
    2. b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    3. c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
    4. d) Your address, telephone number, and email address; and
    5. e) Your physical or electronic signature.

    Soul City fully complies with the notice and take-down provisions of Sections 512(c) and (g) of the United States Copyright Act. We also enforce a policy that provides for the termination of access to the Site to contributors who are found to be repeat infringers or who otherwise violate the policies governing use of the Site.

    1. You agree not to contact anyone who does not wish to be contacted or collect personal data about other users for commercial or unlawful purposes, though any means, including automated means such as spiders or crawlers; or to attempt to gain unauthorized access to Soul City’s systems or engage in any activity that will disrupt this website or its computer systems.
    2. You agree not to take any action to circumvent or attempt to circumvent the security of this site or gain unauthorized access to the site. Prohibited actions include, but are not limited to:
      1. Posting any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including taking any action that imposes and unreasonable burden on the website’s infrastructure.
      2. Testing the site and its security measures in an attempt to identify or circumvent the system and its vulnerabilities.
      3. Modifying, reverse engineering, disassembling, decompiling or otherwise revealing and/or distributing the site’s underlying computer code.

    Any attempt to engage in any of the above-listed actions or other actions to circumvent or attempt to circumvent the security of this site or gain unauthorized access to the site will result in Soul City investigating your actions, removing your authorization to access the site and use the services provided and, potentially, referring you to law enforcement authorities for criminal prosecution.

    1. Soul City Hospitality LLC respects the privacy of all site users. For more information, please refer to our Privacy Policy. “Privacy Policy”.
    2. Any interactions you have with other users of the site of any type are solely between you and such other users. You cannot rely on Soul City to perform due diligence review or otherwise pre-screen all users and associated services and therefore, you are responsible for your own investigations or research before proceeding with any interactions or transactions with such users.

    If there is a dispute between users of this site or between users and any third parties, you understand and agree that Soul City is under no obligation to become involved and you agree to release Soul Cityits officers, employees, agents and successors in rights from claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

    1. You agree that Soul City is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the website, or for the consequences of any reliance on such information. Soul City shall have no liability for interruptions or omissions in Internet, network or hosting services.

    You assume the sole and complete risk of using this website and further agree that you bear the responsibility to evaluate and assume all risks associated with the use of this content, that you will not rely on the content and that you will not hold Soul City liable in any way for your possible reliance on the content or for any loss or damage you incur as a result of any use of this content.

    1. Some postings may contain links to other sites on the World Wide Web for your convenience in locating related information and content. These sites have not necessarily been reviewed by Soul City and are maintained by third parties over which Soul City exercises no control. Soul City expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites.
    2. You expressly absolve and release Soul City from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
    3. THIS WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. SOUL CITY HOSPITALITY LLC MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE OR ANY OF ITS CONTENT. FURTHER, THE INFORMATION AVAILABLE ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. SOUL CITY HOSPITALITY LLC MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN ITS CONTENT AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS WEBSITE AND THE CONTENT PROVIDED HEREIN.

    UNDER NO CIRCUMSTANCES WILL SOUL CITY BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR THE CONTENT PROVIDED HEREIN, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF SOUL CITY HOSPITALITY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

    TO THE EXTENT PERMITTED BY LAW, SOUL CITY DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE WEBSITE AND ITS CONTENT.

    IN ANY EVENT, THE AGGREGATE LIABILITY OF SOUL CITY FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS WEBSITE AND ITS CONTENT SHALL NOT EXCEED $50.00.

    1. You agree to indemnify and hold harmless Soul City,its affiliates, and all of their officers, directors, employees, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third-party claims based on or related to your use of this website or any breach by you of these Terms and Conditions.
    2. The above Terms and Conditions shall be governed by the laws of Mississippi without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be in the State of Mississippi.
    3. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Soul City of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
    4. No joint venture, partnership, employment, or agency relationship exists between you and Soul City as a result of this Agreement or your use of this website. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
    5. Soul City reserves the right at any time and for any reason to deny you access to the website or any portion thereof, and to terminate this Agreement. Termination will be effective without notice. Please note that Soul City reserves the right to change the Terms and Conditions under which this website is made available to you, upon notice, which may be given by Soul City posting such modifications on the website, by e-mail, or any other reasonable way. Your continued use of this website following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. You agree that notice of changes to this Agreement on the website, delivered by email, or provided in any other reasonable way, constitute reasonable and sufficient notice.
    6. Up In Farms Subscription Service. Our Subscription Service is an automatic, recurring weekly subscription to Up In Farms Products (“Subscription Service” or “Service”). As part of the Service, we offer a number of subscription options that you may choose from (“Plan”). Each week you will receive a package from Up In Farms (your “Farm Pack).
      • Auto-Renewal Feature. THE SUBSCRIPTION SERVICE CONSISTS OF RECURRING PERIODIC CHARGES AS AGREED TO BY YOU. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS A RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO DEACTIVATION. UP IN FARMS MAY SUBMIT PERIODIC CHARGES (E.G., WEEKLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE ADVANCE NOTICE THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE UP IN FARMS REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, LOG ON TO YOUR UP IN FARMS ACCOUNT OR EMAIL info@upinfarms.com. ADDITIONALLY, BY SIGNING UP FOR OUR SUBSCRIPTION SERVICE YOU ARE AGREEING TO RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME UNTIL DEACTIVATED BY YOU OR US. YOU CAN PAUSE OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, PROVIDED THAT YOU DO SO WITHIN THE APPLICABLE DEACTIVATION NOTICE PERIOD. YOU WILL NOT BE CHARGED FOR ANY CANCELLATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR DEACTIVATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU. FURTHERMORE, FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT, NON-PROMOTIONAL SUBSCRIPTION RATE. YOU CAN LOG ON TO YOUR ACCOUNT TO PAUSE OR CANCEL YOUR SUBSCRIPTION OR EMAIL info@upinfarms.com AND WE WILL DO IT FOR YOU. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. CURRENTLY, WE PROCESS CHARGES FOR ALL SUBSCRIPTIONS ON MONDAYS PRIOR TO THE SCHEDULED DELIVERY DATE.

     

    • Cancellation Procedures. Please note that the ability to change an order locks the Sundays prior to your scheduled delivery date. Therefore, if you wish to deactivate your account, you must do so before Sunday at 11:59 p.m. Central Standard Time. If you do so after the time listed, you will be charged and receive your farm pack the following week, and the cancellation will take effect for the week after.

     

    • To cancel your account, log onto your account page and select cancellation. Alternatively, you can email info@upinfarms.com  stating that you wish to terminate your account, along with your full name and registered email address.

     

    • Pausing or Suspending your Subscription. Customer has the option of pausing their farm pack. In order to do so, log on to your account page on the Up In Farms site, and follow these instructions. It will stop upcoming charges (if you do so before the orders lock – see Deactivation Procedures above). You can reactivate at any time by clicking the “Reactivate” button.
    • Pick up times and locations. When you sign up for your Farm Pack subscription, you agree to pick up your farm pack during a window of time at a particular location. If you are unable to pick up your farm pack during this time, you may receive a courtesy call from the pickup location to schedule another pickup, but that is not guaranteed. Many of our pickup locations do not have the capacity to store your farm pack for longer than the pickup window allows. If you do not pick up your farm pack for a particular week, that pack is forfeited and you will be ineligible for a refund.