TERMS OF SERVICE OVERVIEW
This website is operated by Ozark Prime Beef LLC. Throughout the site, the terms “we”, “us” and “our” refer to Ozark Prime Beef LLC. Ozark Prime Beef LLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on EMG Productions Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
a. ANY SALE OF GOODS OR SERVICES CONDUCTED THROUGH THE WEBSITE SHALL CONSTITUTE A SALE BETWEEN THE RESPECTIVE SELLER (PRODUCER) AND BUYER ONLY, AND WE SHALL HAVE NO CONTRACTUAL OR OTHER RELATIONSHIP WITH THE SELLER OR BUYER OTHER THAN TO ASSIST IN TRANSMITTING PAYMENTS AND OTHER INFORMATION.
b. WE ARE NOT THE AGENT OF EITHER THE SELLER (PRODUCER) OR THE BUYER, NOR ARE WE A LIVESTOCK DEALER, LIVESTOCK BROKER, LIVESTOCK MARKET, MARKET AGENCY OR AUCTIONEER.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
A. PRODUCER’S REPRESENTATIONS AND WARRANTIES
i. A Producer is the rightful, sole and exclusive owner of all right, title and interest in and to the good(s) sold, free and clear of any liens or other encumbrances of any nature.
ii. The sale by Producer of such good(s) will not violate any security agreement or other instruments to which Producer is a party or by which Producer or any of Producer’s assets is bound.
iii. Any livestock sold by Producer is healthy and when processed will be fit for human consumption.
B. HOW THE WEBSITE WORKS
a. Transactions are between Buyer and Producer, not Website.
i. All sales conducted through the use of the Website shall constitute transactions between the purchaser (“Buyer”) and Producer only. We shall have no contractual relationship with Buyer with respect to any sales conducted through the Website, other than to assist in transmitting payments or other information between Producer and Buyer. We are not the agent for Producer or Buyer and have no authority to act for or bind either Producer or Buyer. Producer shall be solely responsible for fulfilling each order. We are not a livestock dealer, a livestock broker, a livestock market, a market agency or an auctioneer.
ii. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY OR SAFETY OF ANY LIVESTOCK OR OTHER GOODS OR SERVICES SOLD, THE TRUTH OR ACCURACY OF ANY CONTENT POSTED BY A PRODUCER, THAT PRODUCERS WILL DELIVER THE GOODS OR SERVICES OFFERED, THAT THE BUYERS WILL PAY FOR THE GOODS OR SERVICES PURCHASED, THAT PRODUCER WILL ACCEPT THE RETURN OF AN ITEM PURCHASED, OR THAT A BUYER WILL NOT RETURN AN ITEM PURCHASED.
i. To use the Website, User must register by entering all required information on the Website registration page. Upon registration, we will create an account for User. By registering an account with the Website, you agree to permit us to charge either your PayPal account, credit card or debit card for any fees owed to the Website, and all purchases made through the use of the Website, including any applicable Taxes.
ii. Each User shall maintain current, complete and accurate information, including current credit or debit card numbers, email addresses and telephone numbers, to enable us to (a) charge User’s PayPal account, credit card or debit card for any applicable charges; and (b) provide notices or other communications to User.
iii. When you register, you may be asked to create a profile including a profile name which does not need to be your actual name.
c. Website Fees. Users will be charged fees as set forth in the Website. We reserve the right to change our fees at any time.
d. Charges to the Buyer; Cost of Goods; Shipping; Processing.
i. For each purchase of goods through the Website or Services, the Website may estimate and charge the Buyer’s PayPal account, credit card or debit card for: (a) the total sales price(s) for the item(s) ordered; (b) any Taxes to be included in the amount charged, as directed by the Producer; (c) any processing charges; (d) any shipping cost; (e) any transaction fee owed to PayPal or the Website; and (f) any other fee(s) owed to the Website.
ii. Shipping of any goods sold using the Website is solely the responsibility of the Producer, the Buyer or the processor, not the Website. The Buyer shall be solely responsible for any loss, storage fees or other expenses of any nature arising out of or resulting from any failure by the Buyer to promptly arrange for and pay the cost of processing or shipping. THE BUYER IS SOLELY RESPONSIBLE FOR BEING AWARE OF THE RANGE OF POSSIBLE SHIPPING RATES FOR ANY GOODS PURCHASED, AND MAKING APPROPRIATE ARRANGEMENTS SO THAT ANY PERISHABLE GOODS ARE SHIPPED, DELIVERED AND ACCEPTED IN SUCH A MANNER AND WITHIN SUCH A TIME FRAME THAT THEY WILL NOT SPOIL.
iii. THE BUYER IS SOLELY RESPONSIBLE FOR AGREEING TO ANY PROCESSOR SELECTED FOR USE BY A PRODUCER. THE WEBSITE MAKES NO WARRANTIES OR OTHER REPRESENTATIONS REGARDING ANY PROCESSORS.
iv. In the event that we are unable to process or charge a User’s PayPal account, credit card or debit card for any amount(s) owing, User understands that an order for goods will not be processed or completed.
v. In the event that User elects to use the Partial.ly payment plan that may be offered for specific goods, User will be taken to the Partial.ly customer checkout, a fully secure, custom checkout page with the payment plan amount and details listed. A user will be asked to enter their payment method details, agree to the terms and conditions and type their name in a digital signature box to complete checkout and initiate the payment plan. Automatically scheduled future payments are set, and all future payments will be timed and automated according to the custom terms of the payment plan. Should scheduled payments through Partial.ly fail for any reason, User understands that goods or services ordered will not be delivered until payment has been received in full.
e. Producer’s Responsibilities Generally. Each Producer shall be responsible for:
i. Submitting accurate pricing and other information about any goods or services listed, including good descriptions, quality images and any other Content.
ii. Promptly fulfilling each order.
iii. Ensuring that any goods are properly packaged, shipped or delivered to the Buyer or processor.
iv. Fully and accurately specifying whether the Producer will be responsible for shipping goods, how any such shipping charges will be calculated (if in addition to the purchase price), and any limit to the geographical area in which the Producer will be responsible for shipping.
v. Specifying the shippers and processors the Producer recommends and uses.
vi. Prompt delivery of goods to any shipper or processor. Without limiting the foregoing, Producer is responsible for promptly delivering any animal that is the subject of a completed Beef Chapter Order to the specified processor at no additional charge beyond the purchase price for said Beef Chapter Order.
vii. Describing in sufficient detail the Producer’s specific return policy if different from that of the Website, or specifying if no returns are accepted.
viii. Promptly and professionally handling any and all requests for returns, refunds or exchanges.
ix. Fully and accurately specifying: (a) each location where any sales, use or other Taxes must be collected, (b) which items listed are subject to any such Taxes; and (c) the rate(s) at which any such Taxes are to be calculated.
x. Complying with all laws and regulations, whether local, state or federal, with respect to the foregoing responsibilities.
f. Returns, Replacements or Refunds. Buyers agree to submit any requests for returns, refunds or exchanges directly to the Producer of the goods or services in question. Without limiting the foregoing, Buyers may request refunds through PayPal in accordance with PayPal’s applicable policies. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE SHALL HAVE NO RESPONSIBILITY OR LIABILITY WITH REGARD TO ANY REQUESTS FOR RETURNS, REFUNDS OR EXCHANGES. For the avoidance of doubt, the Website is not obligated to return or refund any fees paid to the Website for your use thereof in the event you request a return, refund or exchange with respect to goods or services purchased from a Producer our Return Policy.
g. Release of Liability for Disputes Between Users. To the extent that you may have a dispute with one or more other Users, and to the maximum extent permitted by applicable law, you fully and forever release and discharge Ozark Prime Beef LLC and its successors, assigns, officers, directors, shareholders, agents, employees and attorneys from any and all actions, claims, causes of action, demands, or expenses for damages or injuries, whether asserted or unasserted, known or unknown, foreseen or unforeseen, arising out of correlating in any way to any such dispute. To the maximum extent permitted by applicable law, User expressly waives the protection of any statute or other law that would otherwise limit the coverage of this release to include only those claims which User may know of or suspect to exist at the time of agreeing to this release.
SECTION 2 – GENERAL CONDITIONS
Right to Refuse Service. We reserve the right to refuse service to anyone at any time in our sole discretion, including but not limited to disabling or discontinuing access to the Website. We shall have no responsibility for responding to or resolving any dispute of any nature between two or more Users, but we may in our sole discretion cancel or suspend any transactions conducted using the Website, or require a Producer to cancel and/or suspend any transactions or shipments, refund any Buyer charges or accept returns.
You understand that your content (not including payment or financial information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS
AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return, exchange or cancellation only in accordance with our Return Policy.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Ozark Prime Beef LLC. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected or addressed except within the guidelines expressed specifically within our Return Policy.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors that are unauthorized.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK
AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – USER’S ACCOUNT
A user will be able to access information about User’s account information on the Website, using User’s username and password. WE WILL USE REASONABLE EFFORTS TO GENERALLY MAKE USER’S ACCOUNT INFORMATION AVAILABLE TWENTY-FOUR (24) HOURS PER DAY AND SEVEN (7) DAYS A WEEK, EXCEPT FOR DOWNTIME RESULTING FROM SCHEDULED AND/OR UNSCHEDULED MAINTENANCE. WE DO NOT WARRANT THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS OR DEFECTS WILL BE CORRECTED.
We will send all notices or other information concerning User’s account to the email address provided by User. User shall be solely responsible for receiving all such notices and/or other information by monitoring User’s email messages on a regular basis.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Ozark Prime Beef LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ozark Prime Beef LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Bollinger County, State of Missouri, United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org