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Terms and Conditions

 

 

Legal Disclaimer

Meats delivered reserves the right to refuse sales to anyone at any time for any reason.

Any information provided and or shared by us on our site, are done so as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by Meats Delivered of any of the products, services or opinions of the corporation(s) or organization(s) or individual(s) or social media sites / content.

Meats Delivered bears no responsibility for the accuracy, legality or content of any external site(s) or for that of subsequent links. Contact the external site for answers to questions regarding its/their content.

Meats Delivered does not accept any form of payment as a result of these links being presented on our site.

 

PRIVACY POLICY

 

At Meats Delivered, LLC or its affiliates ("Meats Delivered," "us," "we," or "our"), we recognize and respect the importance of maintaining the privacy of our customers, and as a result, we have established this Privacy Policy. This Privacy Policy describes the types of information we collect from and about you when you visit our website, Meatsdelivered.com ("Site") or use our mobile applications (each an "App") (the Site and Apps are collectively the "Platform"). This Privacy Policy also explains how Meats Delivered may use and disclose such information, as well as your ability to control certain uses of it.

SUMMARY

  • Information Collection. We may collect personal information including your name, address, email address, telephone or mobile number, user name and password, geolocation information, and, if you make a purchase on the Platform, your payment information, as well as non-personal information about your use of the Platform.
  • Information Use. We may use the information we collect from and about you for purposes including to provide you with Platform services, provide you with targeted offers and advertising on our site, other sites you may visit, and through other channels such as email, postal mail, or text message, and contact you when necessary.
  • Information Sharing. We may share the information we collect from and about you with our service providers, when necessary to protect our rights or comply with judicial process, and in aggregate or non-personally identifiable form.

Note: You must be 18 years or older to register as a customer of Meats Delivered.

INFORMATION COLLECTION

  • Information You Provide to Us

Meats Delivered collects information from you when you choose to provide it to us. This may include when you use our Platform, create an account on the Platform, make a purchase, request information from us, sign up for newsletters or our email lists, complete online forms, participate in contests or surveys, or otherwise contact us.

The personal information we collect may include your name, address, zip code, email address, telephone or mobile number, user name and password, and geolocation information. If you make a purchase on the Platform, we may collect the financial information such as credit/debit card, billing address, and other similar information used to process payments. You may be required to provide certain personal information to access or use certain portions of the Platform.

  • Information We Automatically Collect

We may use cookies, web beacons, pixel tags, log files, or other technologies to automatically collect certain information when you use our Platform. For example, we may automatically collect certain non-personal information from you such as your browser type, operating system, software version, Internet Protocol ("IP") address, phone model, phone operating system, and carrier information.

We also may collect information about your use of the Platform including the date and time you access the Platform, the areas or pages of the Platform that you visit, the amount of time you spend using the Platform, the number of times you return, broad demographic information, whether you open forward or click-through emails and ads, and other Platform usage data.

  • Tracking Options

Certain parts of our Platform require cookies. You are free to set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Platform or take full advantage of all of our offerings. Check the "Help" menu of your browser, device, or operating system for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences.

INFORMATION USE

Meats Delivered may use the information we collect from and about you for any of the following purposes:

  1. To respond to your inquiries or requests, process and fill customer orders, verify your qualifications for certain products and services, process payments and prevent transactional fraud, provide delivery and other notifications, and contact and communicate with you;
  2. To develop new products or services and to conduct analysis to enhance current products and services;
  3. To provide you with customized Platform content, targeted offers, and advertising on the Platform, on other third-party sites or apps you may visit, or via email;
  4. To contact you with information, newsletters and promotional materials from Meats Delivered through various channels including but not limited to online, email, postal mail, and text message ;
  5. To contact you when necessary;
  6. To review the usage and operations of our Platform, improve our content, products, and services, or address problems with the Platform or our business;
  7. To use your data in an aggregated non-specific format for analytical and demographic purposes;
  8. To manage our telecommunications networks;
  9. To protect the security or integrity of the Platform and our business; and
  10. As otherwise described to you at the point of data collection.
  • How to Limit Our Use of Certain Information

Users of our Platform are given the opportunity to "opt out" of having their information used for purposes not directly related to placement, processing, fulfillment or delivery of a product order at the point where we ask for the information. If you prefer to "opt out" and not have us send you material we think may be of interest to you, such as product information, product samples, and promotional mailings/e-mails from us and sites and companies we own, then you can notify us by E-mailing us at contactus@MeatsDelivered.com (and include your mailing address). Your instructions to limit the use of your information will be processed as soon as reasonably practicable.

INFORMATION DISCLOSURE

Meats Delivered may disclose the information we collect from and about you as follows: (1) to our Service Providers, if the disclosure will enable them to perform a business, professional or technical support function for us, including to the extent necessary or desirable to fulfill or ship your order or complete your transaction; (2) to our select partners, affiliates, and other third parties that we believe may have offers of interest to you; (3) as necessary if we believe that there has been a violation of the Meats Delivered Platform Terms of Use, Customer Agreement, or of our rights or the rights of any third party; (4) to respond to judicial process or provide information to law enforcement or regulatory agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (5) as otherwise described to you at the point of collection.

Further, Meats Delivered may share aggregate or anonymous non-personal information with third parties for their marketing or analytics uses.

Meats Delivered may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through this Platform in a manner that is consistent with this Privacy Policy.

SERVICE PROVIDERS

Meats Delivered may contract with third parties to perform functions related to the Platform ("Service Providers"). Service Providers will have access to your information needed to perform their business functions but may not use or share that information for other purposes.

LINKS TO OTHER WEBSITES

Our Platform may contain links to other third-party websites or applications, which likely have privacy policies that differ from our own. We are not responsible for the practices of such sites or applications.

OUR COMMITMENT TO CHILDREN'S PRIVACY

Protecting children's privacy is important to us. We do not direct the Platform to, nor do we knowingly collect any personal information from, children under the age of thirteen.

OUR COMMITMENT TO DATA SECURITY

We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about our customers and Platform visitors. While we make every effort to help ensure the integrity and security of our network and systems, remember that no method of transmission over the Internet or method of electronic storage is 100% secure.

IF YOU HAVE QUESTIONS

If you have any questions, feedback, or concerns about this Privacy Policy or the practices described herein, you may contact us at contactus@meatsdelivered.com

 

USER'S ACCEPTANCE OF THIS PRIVACY POLICY

By visiting the Platform, you signify your acceptance to the terms of Meats Delivered's Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use the Platform. We reserve the right, at our sole discretion, to change, modify, add or remove portions from this Privacy Policy at any time. Your continued use of the Platform following the posting of changes to these terms means you accept these changes.

REVISIONS TO THIS POLICY

Meats Delivered reserves the right to revise this Privacy Policy at any time. When we do, we will post the change(s) on the Platform. If we change the Privacy Policy in a material way, we will provide appropriate notice to you.

Updated: October 18, 2020



RETURN POLICY

Meats Delivered stands behind its products.
If you are not absolutely thrilled with your purchase from Meats Delivered, for any reason at all, we'll cheerfully replace your purchase or refund your money, whichever you prefer.
When you order from Meats Delivered, your satisfaction is always unconditionally guaranteed, so you can order with complete confidence. If at any time you have problems with an order, simply contact Customer Service.
We reserve the right to limit refunds and replacements. We guarantee delivery only to the addresses we are provided; which are confirmed on the order acknowledgement.

While we make every effort to ensure the accuracy of all information, we reserve the right to limit refunds and replacements and to make corrections if an error occurs. Please check all addresses carefully. we reserve the right to limit refunds and replacements and to make corrections if an error occurs.
Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card
Orders can be re-scheduled or cancelled 24 Hrs before scheduled delivery time. All cancelled orders will be refunded.


CUSTOMER AGREEMENT

 

Welcome to Meats Delivered. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEBSITE OR OUR MOBILE APPLICATIONS.

This Customer Agreement (the "Agreement") is an agreement between you and Meats Delivered, LLC or its affiliates ("Meats Delivered") that states the terms and conditions under which you may use our website (the "Site"), our mobile applications (each an "App") (the Site and Apps are collectively, "Platform") and receive Meats Delivered service, which includes processing and delivery (or arranging for delivery) of product orders (the "Meats Delivered Service"). Your use of the Meats Delivered Service and the Platform constitutes your agreement to the terms and conditions set forth below. If you do not agree with all the terms and conditions, do not use the Platform or the Meats Delivered Service.

Meats Delivered Satisfaction Guarantee

All our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, contact us via e-mail at contactus@MeatsDelivered.com  and send us a message from the "Contact Us" section of the Platform. Meats Delivered may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a credit voucher.

1. Meats Delivered Service - Managing Your Orders

1.1. Price, Availability and Substitutions. Meats Delivered strives to provide you with great prices compared to the competition near your delivery address, and certain items may be priced differently depending on your last delivery address or the address you choose before placing items in your cart. We receive fresh products every day to assure you the highest quality. Due the perishable nature of our products, certain products may be unavailable due to market conditions beyond our control or quality that is below our standards. If we have an item that's very similar to the item you ordered, we reserve the right to make item substitutions. If you're not happy with the substitution, please email us at contactus@meatsdelivered.com  If we are unable to fulfill your entire order with the items you order or appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). Once you complete checkout, your price, or price per pound/ounce (when applicable), is guaranteed unless you placed an order for an item where we have inadvertently listed an incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and, of course, your payment method will not be charged. If charged will be refunded

Please note: we reserve the right to limit your order or the quantity of a particular product that you may order.

1.2. Delivery Fee. A delivery fee may be added to your order. Any such fee is not a gratuity for the delivery personnel who delivers or is otherwise involved with the delivery of your order and will not be given to any such delivery personnel as a gratuity.

1.3. Tip. If you wish to tip, specify the tip amount on the applicable Meats Delivered Platform at checkout. The tip will appear itemized on the order confirmation and included in your credit card total. The full amount of the tip, less the processing fee charged by the credit card processer, will be paid to the delivery personnel who as determined under our policies, participated in the actual delivery of your order. Another option is to provide a cash tip at the time your order is delivered.

1.4. Minimum Purchase. Your order may be subject to minimum purchase order total, not including taxes, delivery fees, and surcharges.

2. Meats Delivered Service - Payment

2.1. Credit/Debit Card Payment. To place an order, you must have a credit card or debit card ("Card") on file with Meats Delivered.

2.2. Card Authorization and Estimated Costs. Your Card will be charged for your order. we will authorize your Card for an amount equal to 100% of the total in your order. Meats Delivered will not process an order that attempts to use an incorrect, expired, or over-the-credit limit Card. We will make reasonable efforts to contact you if this occurs. However, in the event such an order is processed, Meats Delivered reserves the right to collect funds for any uncollected transaction charges or fees owed to it. Meats Delivered may charge a fee of $2.00 per order should a payment made via Card be declined resulting in the need for alternate payment or exception processing. If you fail to pay any fees or charges when due, including but not limited to returned checks, rejected electronic payments, redelivery fees, Meats Delivered may charge such amount directly to the Card identified in your Customer Account and Meats Delivered may suspend or terminate your access to the Meats Delivered Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Meats Delivered may incur in its efforts to collect any unpaid balances from you. Your right to use the Meats Delivered Service is subject to limits established by Meats Delivered and/or by your Card issuer.

3. Meats Delivered Service - Delivery

3.1. Delivery of Products. Meats Delivered uses refrigerated trucks with freezer compartments to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. Frozen items must immediately be placed in a freezer. In an effort to meet the committed delivery times for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered.

3.2. Delivery Requirements. To receive delivery, you must live in a residential apartment or home and you or an authorized representative must be present to receive your order from our delivery personnel during your selected delivery window. The authorized representative can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman, and your authorized representative are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery (a $4.99 redelivery fee may apply) for the same day. In such case, if we are unable to redeliver the order to you for any reason, the order will be canceled, and you will be charged a cancellation fee.

3.3. Unattended Delivery. In certain areas, Meats Delivered may offer unattended delivery. If you select the unattended delivery option, you, and not Meats Delivered, are solely responsible for products that are left at your delivery location.

3.4. Limits and Adjustments to Delivery. Meats Delivered delivers food in various sizes. Given the heavy weight of some of these products, and our concern for the health and safety of our personnel, we have purchase limits on a variety of these items on our Platform. Additionally, in the interest of the health and safety of our personnel, in non-elevator buildings, the highest floor we can deliver to is the 5th floor and with orders containing 3 or more items or other heavy items, we cannot deliver above the 4th floor. In the event of a non-functioning elevator, the preceding delivery restrictions apply. Our technology cannot and does not enforce these limits. We ask you to abide by these service limitations, as we the reserve the right to limit a delivery when an order exceeds these limitations.

3.5. Inclement Weather and Unforeseen Delivery Complications. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend chosen delivery dates and times. If there will be a significant delay in delivering your order, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will attempt to deliver your order as quickly as possible when the conditions permit. We will never deliver an order past 12:30 AM without your consent. If your designated delivery location (e.g. street closure) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date to make the delivery.

3.6. Tips. Meats Delivered delivery personnel are allowed to accept tips. Customers are under no obligation to tip delivery personnel but have the option of doing so if exceptional service is provided by the delivery personnel.

4. Access to the Meats Delivered Service

4.1 You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Meats Delivered and accept responsibility for all activities that occur under your account or password. You will comply with all laws applicable to your activities on the Platform and with this Agreement.

4.2. Corrections. If you would like to update or correct information previously provided to us, please send an e-mail with your new information to contactus@MeatsDelivered.com .Please do not send credit card or other payment information via email.

 

4.3. Privacy Policy. Please review our Privacy Policy, which also governs your visit to the Platform and use of the Meats Delivered Service, to understand our practices.

 

5 Warranty Disclaimer; Limitation of Liability; Indemnification

5.1. YOU EXPRESSLY AGREE THAT USE OF THE MEATS DELIVERED SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE MEATS DELIVERED SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MEATS DELIVERED DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE MEATS DELIVERED SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE MEATS DELIVERED SERVICE; MEATS DELIVERED DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. MEATS DELIVERED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR THE MEATS DELIVERED SERVICES. MEATS DELIVERED DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2. NEITHER MEATS DELIVERED NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "MEATS DELIVERED PARTIES") SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, THE MEATS DELIVERED SERVICE, OR THE INTERNET. MEATS DELIVERED'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE MEATS DELIVERED SERVICE AND TO TERMINATE THIS AGREEMENT. MEATS DELIVERED RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

5.3. The material in the Platform is provided for lawful purposes only. Meats Delivered operates this Platform for use in specific jurisdictions where it provides its Services and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.

5.4. You agree to defend, indemnify, and hold Meats Delivered Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney's fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account.

6. Mandatory, Bilateral Arbitration.

6.1. Please read this carefully. It affects your rights. YOU AND MEATS DELIVERED AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, THE PLATFORM, OR THE MEATS DELIVERED SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equable theory. You and Meats Delivered hereby agree that the Federal Arbitration Act ("FAA") applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association ("AAA"), pursuant to Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect (the "AAA's Rules"). However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award damages and relief, including any attorneys' fees authorized by law. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MEATS DELIVERED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

6.2. THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS YOU AND MEATS DELIVERED AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

6.3. Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims within the scope of such court's jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

7. General Terms

7.1. Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Meats Delivered may suspend or terminate this Agreement or the Meats Delivered Service or remove or disable access to any portion of the Meats Delivered Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Meats Delivered Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Meats Delivered reserves the right to collect fees and charges incurred before you cancel your Meats Delivered Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

7.2. Notices. Meats Delivered may give notice to you of any change or any other communication related to this Agreement through a general posting on the Platform, by electronic mail, or by conventional mail to your address contained in the order. You may give notice to Meats Delivered by e-mail contactus@meatsdelivered.com

7.3. Entire Agreement. This Customer Agreement, the Platform Terms of Use, and the Privacy Policy referred to herein represent your entire agreement with Meats Delivered regarding the use of the Service and the Platform. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Meats Delivered, and Meats Delivered Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Meats Delivered or relating in any way to your use of the Service or the Platform resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving Meats Delivered Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred.

7.4. Third-Party Beneficiaries. The provisions of this Agreement are for the benefit of Meats Delivered Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Meats Delivered Service.

7.5. Amendment. Meats Delivered may amend this Agreement at any time by posting the amended terms on our Platform. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our Platform for orders already placed. By using this Platform after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.


PLATFORM TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE OR OUR MOBILE APPLICATIONS.

By using this website (the "Site"), our mobile applications (each an "App") (the Site and Apps are collectively, "Platform") or otherwise receiving the Meats Delivered service, which includes processing and delivery of product orders (the "Meats Delivered Service"), you signify your acceptance of these terms and conditions of use ("Terms of Use"), and the Privacy Policy. If you do not agree to all of these Terms of Use, and the Privacy Policy, do not use this Platform.

Meats Delivered, LLC ("Meats Delivered") may revise these Terms of Use at any time. Your continued usage of this Platform will mean you accept those changes, and you will comply with all applicable laws and regulations. The materials provided on this Platform are protected by law, including, but not limited to, United States copyright laws and international treaties

Use Restrictions

The content on this Platform, such as text, graphics, interfaces, images, photographs, illustrations, trademarks, trade names, service marks, logos, software, information obtained from Meats Delivered' licensors, and other materials ("Contents") is protected by copyright under both United States and foreign laws. "Meats Delivered", all Meats Delivered logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Meats Delivered or otherwise proprietary to Meats Delivered and may not be used by you for any reason other than as expressly permitted. All other trademarks, service marks, product names, and company names or logos appearing in the Meats Delivered Service and on the Platform are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using the Platform or the Meats Delivered Service. Title to the Contents remains with Meats Delivered. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means without the prior written permission of Meats Delivered or its licensors.

Meats Delivered authorizes you to view and download a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: "Copyright © 2020, Meats Delivered, LLC. All rights reserved" and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the Platform may be included elsewhere within the Platform and are incorporated into these Terms of Use by reference. The use of the Contents on any other Platform or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Meats Delivered and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without Meats Delivered's written permission, "mirror" any Contents contained in this Platform or any other server. You may not use the Platform for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Platform in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other party's use and enjoyment of the Platform. You may not attempt to gain unauthorized access to the Platform through hacking, password mining or any other means. Meats Delivered reserves the right, in its sole discretion, to terminate your access to the Platform, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

User Submissions

The personal information you submit to Meats Delivered is governed by the Meats Delivered Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Submission of Ideas (below), Meats Delivered does not claim ownership of any information or material a user provides to Meats Delivered or posts, uploads, input, submits, or transmits to this Platform ("Submission"). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or "spamming"; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Platform, or which, in the judgment of Meats Delivered, exposes Meats Delivered or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Meats Delivered. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Meats Delivered a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Meats Delivered is not required to use any Submission.

Access to the Meats Delivered Service

You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the Meats Delivered Service and the Platform. You agree to comply with all laws applicable to your activities on the Meats Delivered Platform and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.

You acknowledge that from time to time the Meats Delivered Service or this Platform may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Meats Delivered may undertake from time to time; or (iii) causes beyond the control of Meats Delivered or which are not reasonably foreseeable by Meats Delivered.

Submission of Ideas

Meats Delivered policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to Meats Delivered through this Platform or otherwise shall be the property of Meats Delivered, and may be treated by Meats Delivered as non-confidential information. Meats Delivered shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.

Liability of Meats Delivered and Its Licensors and Partners

The use of the Platform or the Contents is at your own risk. The Contents in this Platform could include technical inaccuracies or typographical errors. Meats Delivered may make changes or improvements at any time.

YOU EXPRESSLY AGREE THAT USE OF THE MEATS DELIVERED SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE MEATS DELIVERED SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MEATS DELIVERED DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE MEATS DELIVERED SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE MEATS DELIVERED SERVICE; MEATS DELIVERED DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. MEATS DELIVERED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR THE MEATS DELIVERED SERVICES. MEATS DELIVERED DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER MEATS DELIVERED NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "MEATS DELIVERED PARTIES") SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, THE MEATS DELIVERED SERVICE, OR THE INTERNET. MEATS DELIVERED'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE MEATS DELIVERED SERVICE AND TO TERMINATE THIS AGREEMENT. MEATS DELIVERED RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity

The material in the Platform is provided for lawful purposes only. Meats Delivered operates this Platform for use in specific jurisdictions where it provides the Meats Delivered Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.

You agree to defend, indemnify, and hold Meats Delivered Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney's fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or your violation of these Terms of Use.

Your Account

If you use this Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Meats Delivered reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

General

Meats Delivered makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of Meats Delivered and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Applicable Laws, and Complete Agreement.

Applicable Laws

This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Meats Delivered or relating in any way to your use of the Meats Delivered Service or the Meats Delivered Platform resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving Meats Delivered Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Take Down Procedures

If you believe any Submission accessible on or from the Platform infringes your copyright, you may request removal of those materials (or access thereto) from this Platform by contacting Meats Delivered (contactus@meatsdelivered.com) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
  3. Your name, address, telephone number, and (if available) email address.
  4. A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or authorized representative.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, Meats Delivered maintains a policy for the termination, in appropriate circumstances, of users of this Platform who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Meats Delivered on this Platform, these Terms of Use, the Customer Agreement and the Meats Delivered Privacy Policy, constitute the entire agreement between you and Meats Delivered with respect to the use of the Platform and Contents.