Terms of Use

Last updated: June 5, 2021

Introduction
These terms and conditions
of use govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Scholze Farms use of cookies in accordance with the terms of Scholze Farms’ Privacy Policy.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. The Scholze Farms Privacy Policy is incorporated by reference into, and made a part of, these Terms.

License to Use Website
Unless otherwise stated, Scholze Farms and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:
● Republish material from this website (including republication on another website);
● Sell, rent or sub-license material from the website;
● Show any material from the website in public;
● Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
● Edit or otherwise modify any material on the website; or
● Redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Scholze Farms’ express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Scholze Farms’ express written consent.

Restricted Access
Access to certain areas of this website is restricted. Scholze Farms reserves the right to restrict access to other areas of this website, or indeed this entire website, at Scholze Farms’ discretion.

If Scholze Farms provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Scholze Farms may disable your user ID and password in Scholze Farms’ sole discretion without notice or explanation.

User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Scholze Farms a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Scholze Farms the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Scholze Farms or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Scholze Farms reserves the right to edit or remove any material submitted to this website, or stored on Scholze Farms’ servers, or hosted, or published upon this website.

No Warranties
This website is provided “as is” without any representations or warranties, express or implied. Scholze Farms makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Scholze Farms does not warrant that this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.

Limitations of Liability
Scholze Farms will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

● To the extent that the website is provided free-of-charge, for any direct loss;
For any indirect, special or consequential loss; or
For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Scholze Farms has been expressly advised of the potential loss.

Subscription; Deliveries; Cancellations

Membership: When you set up an Account with us to receive delivery of our Products, you may choose a one-time delivery of our Product, or a recurring delivery under our subscription program.

Subscription Program: If you sign up for our subscription program, delivery of our Product occurs monthly, and you have control over the contents of your box based upon your preferences. Once we build your box, we will send you notifications via email and/or text to let you know when your box is ready for your review. You can cancel, skip, or change your delivery up until the time we begin packing your box. If you do not take any action, we will ship a box to you every month based upon your preferences and purchase history as well as our current inventory. You must cancel or change your order before the deadline to avoid being charged for your box.

Subscription Cancellation Policy: You may cancel your Account at any time from your Account settings page. You may also contact us for assistance in canceling your delivery or your Account. Please note if you do not cancel your delivery within a specified window of time after being notified by us, you will receive your Order and be charged accordingly.

Payment and Billing: By providing a credit card or other payment method that we accept, 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 recurring membership or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If you pay with a credit card, Scholze Farms may seek pre-authorization of your credit card prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Scholze Farms Account, you can do so at any time by logging into your Account and editing your payment information. You acknowledge that the amount billed may vary due to promotional offers, changes to our service 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.

Pricing and Availability: All prices are shown in USA dollars and applicable taxes and other charges, if any, are additional. Scholze Farms, at its sole discretion, may make promotional offers with different pricing to any of Scholze Farms’ users. These promotional offers, unless made to you, will not apply to your offer or 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 and to substitute Products (including, but not limited to, specific cuts or types of protein) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time.

Taxes: We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted.

Shipping and Handling: You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. When you purchase a Product the shipping times are estimates only. Actual delivery dates may vary. Title to the Product purchased and the risk of loss of such Product passes to you upon our delivery of the Product to the third-party courier.  See our Shipping Information page and Contact Us if you have any questions.

Deliveries: 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. You should always inspect your delivery to confirm that the meal ingredients arrive in a cool, refrigerated condition. We recommend that you use a thermometer to ensure that the temperature zone within the container in which any meat, poultry or seafood Product is located is 40° F or below. In the unlikely event that such temperature zone is above 40° F, or you have any other reason to believe that any other Product in your delivery is not suitable for consumption, contact us and discard the item. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the USDA’s instructions on refrigeration and food safety. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling. We also recommend that all cooking instructions be followed and that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of food-borne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the USDA’s recommendations on food consumption for at-risk groups.

If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Our meal ingredients are packaged with dry ice 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 proper storage of your meal ingredients prior to consumption. In certain areas, you may be able to provide additional delivery instructions when setting up your Scholze Farms Account, 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.

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery is not feasible, we will cancel your delivery and issue you a credit or refund of the purchase price for that delivery.

Gift Cards: You may purchase and receive Scholze Farms smart coupons/gift cards (“Gift Cards”) through the Site. You must create or have an existing and valid Account with Scholze Farms in order to redeem a Gift Card. Gift Cards may be used only for the purchase of eligible goods on the Sites. Redemption of Gift Cards will result in the application of a credit to your Account in the amount of the Gift Card balance. Any Gift Card balance will be applied toward your purchase of Scholze Farms Products until the Gift Card is depleted. Gift Cards are not redeemable for cash or credit, and Scholze Farms is not responsible for lost or stolen Gift Cards. Sales of Gift Cards are final and nonrefundable. Except as required by law, Gift Cards cannot be transferred for value. To redeem or view a Gift Card balance, visit “My Account” on the website. Scholze Farms is not responsible if a Gift Card is lost, stolen, destroyed or used without permission. Gift Cards do not expire and there are no service fees.

No Resale: You are not permitted to resell or otherwise use our Products for commercial purposes.

Returns and Refunds: If you are dissatisfied with your delivery for any reason, please contact us as soon as possible. We may provide you a full or partial credit or refund of the purchase price for that item. Due to the perishable nature of the product, we do not offer exchanges. We may require the return or photographic documentation of any item with which you are dissatisfied before we provide you a credit or refund. If you are dissatisfied with any non-food Product you purchased, you may return the Product within thirty (30) days of the date you received the Product by contacting us and following the shipping instructions we supply. All returned Products must be unused and in their original packaging. After we receive your returned Product, we will issue you a refund for the price you paid for the Product (less any applicable shipping and handling charges). If you do not comply with the terms of this section, you will be ineligible to receive a refund.

Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Scholze Farms’ liability in respect of any:

● Death or personal injury caused by Scholze Farms’ negligence;
Fraud or fraudulent misrepresentation on the part of Scholze Farms; or
Matter which it would be illegal or unlawful for Scholze Farms to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other Parties
You agree that you will not bring any claim personally against Scholze Farms’ officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Scholze Farms’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Scholze Farms.

Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity
You hereby indemnify Scholze Farms and undertake to keep Scholze Farms indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Scholze Farms to a third party in settlement of a claim or dispute on the advice of Scholze Farms’ legal advisers) incurred or suffered by Scholze Farms arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions
Without prejudice to Scholze Farms’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Scholze Farms may take such action as Scholze Farms deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation
Scholze Farms may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment
Scholze Farms may transfer, sub-contract or otherwise deal with Scholze Farms’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement
These terms and conditions,
together with any information provided on this site constitute the entire agreement between you and Scholze Farms in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with governing law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of
Wisconsin.

Scholze Farms’ details
Scholze Farms is a DBA for Scholze Family Meats, LLC and Scholze Family Beef, LLC.

Address is W11218 SCHOLZE RD, HUMBIRD, WI 54746

You can contact us by email to Orders [at] scholzefamilyfarms [dot] com

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