Terms of Sale

(including subscription sales)

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY SUBSCRIBING OR PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH JACKSON’S FOOD COMPANY, LLC OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to your orders of products and services, including one-time orders and subscriptions for the recurring purchase of products and services through https://jacksonschips.com (the “Website”). These Terms of Sale are subject to change by Jacksons’ Food Company (“Jackson’s,” “Company,” “we”, or “us”) without prior written notice at any time, in our sole discretion. The latest version of these Terms of Sale will be posted on this Website, and you should review these Terms of Sale before

purchasing any products or services that are available through this Website. Your continued use of this Website or renewal of your subscription after a posted change in these Terms of Sale will constitute your acceptance of and agreement to such changes.

These Terms of Sale are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website.

Order Acceptance and Cancellation

You agree that all orders, including one-time orders and subscriptions, are offers to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email or text message with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Jackson’s and you will not take place unless and until you have received your order confirmation email or text message. By placing an order or using the Website, you agree to receive electronic communications from us, by email and by SMS text message (including reminders for when your next order will process and other transactional information) to the phone number you provide us with your order. You have the option to cancel your order at any time before 11:59 p.m. Central Time the day before the order processing date (the “Order Processing Date”), by calling our Customer Service Department at 262-757-7900 or canceling online at info@jacksonschips.com

Prices and Payment Terms

• All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email or text message. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling (if any). 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 or text message. We are not responsible for pricing, typographical, or other errors that may arise during processing of your order or that exist in any offer by us, and we reserve the right to resend or cancel any orders, charge the correct price for the applicable product, issue a credit to your account or issue a refund arising from such errors.
• Terms of payment are within our sole discretion and may be subject to the terms and conditions of a third-party vendor we choose to process payments. Payment must be received by us in full before our acceptance of an order. We accept Visa, MasterCard, American Express, and Discover for all purchases. Jackson’s reserves the right to change the accepted payment methods from time to time. 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 all applicable taxes, if any.
• If you enroll in a subscription, your subscription will automatically renew, and you will be responsible for all recurring charges unless and until you cancel your subscription or cancel an order. We may submit charges to your method of payment without further authorization from you until you cancel your subscription or change your payment method. You will be billed once every 30 days on the Order Processing Date, unless your order is canceled or delayed pursuant to the terms contained herein.

Shipments; Delivery; Title and Risk of Loss

• We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Orders customarily ship within 1 business day of the date the order is processed, though Jackson’s in no way guarantees such a timeframe for shipment.
• All shipping from Jackson’s to you will be done by UPS. If an individual is not present to accept delivery from a courier, packages will be left at the door of the destination marked for delivery.
• Title and risk of loss pass to you upon our transfer of the products to the delivery service provider. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments or failed delivery for any reason whatsoever.
• You will pay the amount for shipping and handling as set forth in your shopping cart. If you enroll in a subscription, Jackson’s standard shipping costs (as detailed on www.jacksonschips.com) will apply to all future deliveries and orders. Jackson’s reserves the right to change its shipping costs and policies from time to time.
• If you wish to cancel or delay your order or cancel your subscription, you must do so by 11:59 p.m. Central Time (the “Cutoff Time”) on the day before your Order Processing Date by logging into your account and visiting the Account Settings page, clicking “Cancel” on the subscription you wish to cancel, and completing any required surveys or questionnaires to confirm cancellation. If you do not change, cancel or delay your order by the Cutoff Time, the order will process, and your cancellation, change, or delay will apply after that order.

Refunds

Jackson’s general policy is that we do not accept returns or issue refunds of your purchase price. However, if a product is delivered to you (a) in a materially damaged condition, or (b) that you did not order, Jackson’s may issue a replacement product, credit or refund of your purchase price, less the original shipping and handling costs. Within seven days of receiving the damaged or incorrect product, you must notify our Customer Service Department at 1-262-757-7900 or info@jacksonchips.com, and we may request you provide photographic proof to Jackson’s of the damaged product or order inaccuracy. If we request photographic proof, you must send it to us.

If Jackson’s determines that a refund is in order, refunds are processed within approximately five business days of our receipt of your notice to our Customer Service Department. Your refund will be credited back to the same payment method used to make the original purchase on the Website. This credit may take 5 to 10 business days to be reflected in your account.

Promotions

Jackson’s may periodically offer promotions and discounts. Such promotions and discounts will be subject to the terms and limitations stated at the time of the promotion or at the time of your purchase. We reserve the right, in our sole discretion, to terminate, modify, or cancel any promotion in our sole discretion.

Disclaimer and Limitation of Liability

JACKSON’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCTS AND SERVICES THAT EXTEND BEYOND THE DESCRIPTION THEREOF. WITHOUT LIMITING THE FOREGOING, JACKSON’S MAKES NO IMPLIED WARRANTIES, AND ALL PRODUCTS AND SERVICES ARE PROVIDED TO YOU “AS-IS.”

SOME STATES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. JACKSON’S PRODUCTS SHOULD ALWAYS BE USED WITH ADULT SUPERVISION.

UNDER NO CIRCUMSTANCES SHALL JACKSON’S, ITS AFFILIATES, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE WEBSITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF JACKSON’S SERVERS OR ANY PERSONAL OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THROUGH THE WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE WEBSITE OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE VIA THE WEBSITE. WITHOUT LIMITING THE FOREGOING, THE EXCLUSIVE REMEDY UNDER THESE TERMS IS LIMITED TO A RETURN OF THE GOODS OR PRODUCTS YOU PURCHASED ON THE WEBSITE AND A REPAYMENT OF THE PURCHASE PRICE, OR REPLACEMENT OF ANY DEFECTIVE GOODS.

SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE DISCLAIMER AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Goods Not for Resale or Export

You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. Products and services purchased from the Website may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.

Termination

If you breach any of these Terms of Sale, all licenses granted by us, including permission to use our Website, will terminate automatically. Additionally, for any or no reason, we may suspend, disable or cancel your subscription with or without notice to you. If we cancel your subscription for any suspected breach of these Terms of Sale by you, you are prohibited from re-registering under a different name for a subscription with Jackson’s. All terms which by their nature should survive the termination of these Terms of Sale shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms of Sale by Jackson’s or you. Termination will not limit any of our other rights or remedies at law or in equity.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law and Jurisdiction

All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wisconsin.

Dispute Resolution and Binding Arbitration

Dispute resolution will be performed in accordance with the Governing Law and Arbitration provisions of the Website Terms of Use.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this provision is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.

No Waivers

The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Jackson’s.

No Third Party Beneficiaries

These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.

Notices

To You

We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide or a text message to the phone number you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us

To give us notice under these Terms of Sale, you must contact us as follows: (i) by email to info@jacksonschips.com; or (ii) by overnight courier or registered or certified mail to Jackson’s Customer Service, S64W15569 Commerce Center Parkway, Muskego, WI 53150. We may update the facsimile number or address for notices to us by posting a notice on the Website. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Severability

If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.

Entire Agreement

The confirmation email or text message, these Terms of Sale, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.