Each time you use the Site, you reaffirm your acceptance of the Terms and any applicable additional terms. If you do not wish to be bound by these Terms, you may discontinue using the Site; your continued use constitutes acceptance of the Terms, as modified from time to time.
This Site is owned and operated by HLC Meats, LLC (“HLC Meats”). HLC Meats reserves the right to change these Terms at any time. The modified Terms will be effective immediately upon posting and you agree to the new Terms by continuing your use of the Site. If you do not agree with the modified Terms, your only remedy is to stop using the Site.
If you do not agree to these Terms, you may not access or use the Site, order, receive or use the Contents. When used in these Terms, “we” and “our” mean HLC Meats and “you” and “your” refers to any individual, company, or legal entity that accesses or otherwise uses this Site.
Some portions of the Site may be subject to additional terms and conditions which will be available for your review prior to accessing those portions of the Site. Such additional terms and conditions will not change or replace these Terms, unless otherwise expressly stated.
The Site is not targeted toward or intended for use by anyone under the age of 18. By using the Site, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site, (d) have not created or do not have more than one HLC Meats account, unless expressly permitted by HLC Meats, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. In addition, if you are the purchaser or recipient of any wine Products via the Site, you further represent and warrant that (x) you are 21 years of age or older and are otherwise eligible to purchase or receive such wine Products, and (y) the person signing for and accepting delivery of any such wine Products is an adult 21 years of age or older, and presented a valid form of identification confirming such fact, at the time of delivery of such wine Products.
We continually test new functionalities, services, options, initiatives, user interfaces, products and other features that we are considering developing, adding or incorporating into our Site or Products (collectively, “Test Features”). We reserve the right, in our sole discretion, to include or exclude you, from these tests without notice and to discontinue or to modify any Test Feature at any time, for any or no reason, without prior notice and with no liability, to the fullest extent permitted by applicable law.
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 from our Site, any shipping times shown are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.
All Products purchased from us are made pursuant to a shipment contract. This means that when you purchase a Product that is fulfilled by us title to and the risk of loss of such Product passes to you upon the third-party courier’s attempted or successful delivery of such Product to you. In certain areas, you may be able to provide additional delivery instructions when purchasing from HLC Meats, 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.
If no one is available to accept the Product, it is the courier’s discretion if they leave the Product, attempt re-delivery, or hold the Product at the local center for pick-up. If the Product is not accepted by you on the day of the courier’s first attempt of delivery, if the Product remains undelivered, or if the Product is returned to us, there is no refund on the cost of the shipment nor the Product.
In the case of inclement weather or other events beyond our control that interfere with our ability to ship the Product, we will attempt to ship the Product as soon as reasonably possible. In some cases, shipment may occur prior to the scheduled shipment date. If timely delivery of the Product is not feasible, we may cancel the Product shipment for the period so affected and issue you a Credit (as defined below) or refund of the purchase price for that Product.
Products sold by HLC Meats may be perishable. A business address is recommended for Shipments of perishable goods. Our Products may be packaged with insulated liners and gel packs 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 immediate and proper storage of the Products prior to consumption.
You are responsible for inspecting all Products for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. We recommend that you use a thermometer to ensure that the internal temperature of any meat, poultry, or seafood Product is 40° F or below. In the unlikely event that such temperature is above 40° F, or you have any other reason to believe that any other Product in your delivery or purchase is not suitable for consumption, contact us within two business days and discard the item.
To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery or purchase and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. We also recommend 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, which can be found here. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here.
You are solely responsible for, and assume all risks related to, the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the products. You are also solely responsible for knowing about any food allergies you may have and verifying the products and their contents before handling, preparing, using or consuming such products. Further, you understand, acknowledge and agree that we may store, portion and package products containing all eight (8) major U.S. allergens (milk, wheat, egg, soy, fish, shellfish, peanuts and treenuts) and cannot guarantee that cross-contamination will not occur between products.
We attempt to display the products and other materials and information you view on the site, including pricing and nutritional information, as accurately as possible. However, we do not guarantee the accuracy of such materials and information. In the event of an error on our site, in an order confirmation, in processing or delivering an order or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel your order and issue you a refund. You further agree that the products and other materials you receive in your order may vary from the products and materials displayed on the site due to a number of factors, including, without limitation, system capabilities and constraints of your computer, manufacturing process or supply issues, the availability and variability of products, distinct cooking or other preparation methods and variability of cooking equipment and appliances. The site may contain information about products that are not available in every location. A reference to a product on the site does not imply or guarantee that it is or will be available in your location or at the time of your order. Without limiting the generality of the foregoing, we make no representations or warranties of any kind regarding any content related to our products provided by or displayed through a third-party channel, including, without limitation, regarding its accuracy or completeness.
Except as may be provided in a warranty by the manufacturer of a product, all Products and the Site and Content are provided on an “as is” basis without warranties of any kind, either express or implied. HLC Meats disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the site, content and products, any warranties that arise from trade usage or custom, and any warranties that the site or products will be free and clear from any adverse lien or security interests.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
Not all of the Products or services described on this Site are available in all areas of the United States and/or you may not be eligible for them. We reserve the right to determine eligibility. All payments associated with Products that are not shipped due to state or local regulations will be fully refunded.
Returns, Replacements, Refunds, and Credits
You may request a refund for any Product that was ordered but not yet shipped.
Due to the perishable nature of many of our Products, you should contact us within two (2) days from the date of delivery to report any defect or dissatisfaction with a Product. We may require the return or photographic documentation of any Product that you are dissatisfied with before we provide you a refund, replacement, or credit.
Depending on the circumstances, we may, in our sole discretion, replace the Products at our expense (less applicable shipping charges, taxes and fees), provide you a full or partial refund of the purchase price for that Product, or provide you with credit for that Product to be applied to future Product purchases, as applicable. Notwithstanding the foregoing, credits for certain types of Products may require additional action on your part (e.g., application of a coupon code) in order to be applied to future purchases, which shall be communicated to you at the time of issuance.
Subscription Terms of Sale
Subscriptions. We reserve the right to offer different subscription plans for our Products (each, a “Subscription”). At your option and as a convenience, Subscription Members may schedule recurring Subscription shipments. Unless you change or cancel the order on the website or by emailing firstname.lastname@example.org and requesting changes, these shipments will continue as scheduled.
The number of servings (i.e., an individual portion of Products) you receive and the amount you are charged may vary from order to order depending on the quality and value of the Products. Changes that you make to your Subscription (such as the number of servings you receive) may also result in changes to any applicable shipping and handling charges. If we change the prices or other charges associated with our various Subscription plans, we will provide you with notice of such changes, such as by email or a notice posted on our Site. The fees for the Subscriptions can be found on your Account page and may be subject to change in the future. For more information about Subscriptions, please visit the Subscription page on our Site.
Continuous Subscriptions. When you register for a subscription, you expressly acknowledge and agree that (a) HLC Meats (or our third-party payment processor) is authorized to charge you on a schedule for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, (b) the amount you are charged and the number of servings you receive may vary depending on the preferences you select, and (c) your subscription is continuous until you cancel it or we suspend or stop providing access to the site or applicable products in accordance with these terms. You may skip your subscription order as often as you would like by managing your delivery schedule located on your settings page. For more information about our pricing and billing policies related to subscriptions, please visit the subscriptions page on our website.
Cancellation Policy. You may cancel your subscription online at any time by emailing email@example.com. Any subscriptions identified as “shipped” on your page, however, cannot be cancelled. You will be responsible for all charges (including any applicable taxes and other charges) incurred with respect to any order identified as “shipped” prior to the cancellation of your subscription.
In the event you cancel your Subscription, please note that we may still send you promotional communications about HLC Meats, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Substitutions. HLC Meats reserves the right to substitute Products of similar quality and value for Products within your Subscription that have sold out.
Ownership and Use of Content
“Submissions” means text, messages, reviews, comments, ideas, suggestions, art, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, acts, appearances, performances and/or other information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or to the HLC Meats Site. If you transmit to HLC Meats, post, or upload any Submissions on or to this Site, you grant HLC Meats and its affiliates a non-exclusive, royalty-free, sub-licensable, transferable, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, distribute, create derivative works, and incorporate those Submissions and the names identified therein in any media in the world for any and all commercial and non-commercial purposes. You waive any rights you may have regarding your Submissions being revised or manipulated. This license will continue even after you stop using the Service. You also hereby grant each user of the Site a non-exclusive license to access your Submissions through the Service and third-party social media sites, such as Facebook and Instagram. Except as expressly stated in these Terms, you may not otherwise duplicate, copy, modify or create derivative works thereof the Submissions. You may not post or upload the Submissions within another website. Except for the limited use rights expressly provided in this paragraph, or in any additional terms and conditions, all rights in Submissions are reserved.
Feedback. Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about HLC Meats, the Site or the Products (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of HLC Meats. HLC Meats shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Ownership and Use of Trademarks
The Site and Content are the property of HLC Meats, LLC, its licensors, affiliates and/or its related entities and are protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the Site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by HLC Meats at the Site or elsewhere are reserved to HLC Meats and its licensors.
The following are HLC Meats, LLC trademarks: HLC Meats. In addition, the Site may contain trademarks, logos, and links to the web sites of third-parties. Any domain names, URLs, trademarks or logos appearing on the Site or in any HLC Meats site are the sole property of their respective owners.
This Site may contain links to third-party websites, which we provide as a convenience. We have not reviewed them and are not responsible or liable for the content available at such linked sites. By linking to a website or permitting a link to this Site, HLC Meats does not endorse the website operator or the content of the linked website. Use at your own risk.
The Site may contain various pages where you and other members may post content. Only post content to the Site that you created or which the owner of the content has given you permission to post. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code. You are solely responsible for anything you may post on the Site. All information, ideas, suggestions, or other communications you submit to HLC Meats will be non-confidential. HLC Meats owns all right, title, and interest in any compilation, collective work or other derivative work created by HLC Meats using or incorporating content posted to the Site.
HLC Meats is not responsible for, and does not endorse, content in any posting made by other users on the Site. You are solely responsible for your reliance on anything posted on the Site by another member or consultant.
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. HLC Meats reserves the right to investigate and take appropriate legal action against anyone who, in HLC Meats’ sole discretion, engages in any of the prohibited activities. By using the Site, you agree that you will not upload, post, or otherwise distribute to the Site anything that:
- (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- attempts to or interferes with, harms, reverse engineers, steals from, or gains unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
- attempts to or results in data mining, robots, or the use of other data gathering devices on or through the Site, unless specifically allowed by these Terms;
- sell, transfer, or assign any of your rights to use the Service to a third-party without our express written consent;
- accesses the Site from a jurisdiction where it is illegal or unauthorized;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a content submission that is, or represents an attempt to engage in, child pornography, stalking, abuse, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third-party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- is commercial, business-related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Service; or
- (a) does not generally pertain to the designated topic or theme of the relevant public forum; (b) violates any specific restrictions applicable to a public forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet.
HLC Meats cannot and does not assure that other users are or will be complying with these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of Texas, without giving effect to conflict of law principles thereof. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and or your use of the Site resides in the courts located in the State of Texas, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of these Terms 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, which shall remain in full force and effect.
Dispute Resolution; Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and HLC Meats agree (a) to waive your and HLC Meats’ respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Products (including, without limitation, Third-Party Purchases), resolved in a court, and (b) to waive your and HLC Meats’ respective rights to a jury trial. Instead, you and HLC Meats agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless HLC Meats, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “HLC Meats Parties”), from and against all actual or alleged HLC Meats Parties or third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Site, Content, or Products by you or any third-party you authorize to access or use such Site, Content, or Products, (b) any User Content you create, post, share or store on or through the Site or our pages or feeds on third-party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, and (e) your violation of the rights of another. You agree to promptly notify HLC Meats of any third-party Claims, cooperate with the HLC Meats Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the HLC Meats Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and HLC Meats.
Any failure of HLC Meats to enforce these Terms at any time for any reason, shall not be construed as a waiver of any right to do so at any time.
Site Disclaimers and Warranties
Your use of this Site and Content is at your own risk. Content on the Site is provided for entertainment purposes only. The Site and Content are provided on an “as is” and “as available” basis. Your use of this site is at your own risk. To the full extent permissible by applicable law, HLC Meats and the site expressly disclaim all other representations or warranties, either express or implied, as to the site or content, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
HLC Meats does not make any representations or warranties that (a) the Site or Content will meet your requirements or expectations; (b) the operation of the Site or Content will be uninterrupted, timely, secure, accurate, or error-free or that any errors will be corrected; (c) any particular results will be obtained from the use of the Site; or (d) the Site or the server that make the Site available are free of viruses or other harmful components. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
Limitation of Liabilities
HLC Meats liability and your exclusive remedy is to discontinue your use of the site. HLC Meats, its agents, its affiliates, subsidiaries, parent companies, related entities, assigns, licensors, franchisees and vendors shall not be liable for any indirect, special, incidental, consequential or exemplary damage arising from your use of the site nor for any claim related to your use of the site. These exclusions for indirect, special, incidental, consequential, or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses. In any states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, HLC Meats’ liability shall be limited to the extent permitted by law.