BY USING THE WEBSITE AND/OR PURCHASING PRODUCT, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH TRITAILS PREMIUM BEEF, LLC THAT IS VALID AND ENFORCEABLE UNDER A VARIETY OF STATE AND/OR FEDERAL STATUTES AND THE COMMON LAW, INCLUDING BUT NOT LIMITED TO, THE UNIFORM ELECTRONIC TRANSACTIONS ACT
Terms & Conditions
TriTails Premium Beef, LLC’s goal is to serve the best beef available straight from our hands to your hands.
Subject to compliance with these terms and conditions you are granted a non-exclusive, nontransferable, limited license to access and use the Website from time to time made available to you.
TriTails does not sell Product to children, but it sells Product to adults, who can purchase with a credit card or other permitted payment method.
All sales are subject to availability and we reserve the right to limit quantities and to discontinue Product, even if you have already placed your order. The receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. All prices are subject to change without notice.
Failure to pay for any Product purchased on the Website, for any reason, may result in legal action against you. In addition to such other remedies as it may have, TriTails shall be relieved of its obligation to provide the Product and the full amount due shall immediately become due and payable by you. You must also reimburse TriTails for all expenses incurred in connection with the collection of amounts payable, including court costs and attorneys’ fees.
By purchasing Product, you represent and warrant to TriTails that (i) you are at least the age of eighteen (18) and have the power and authority to enter into and perform your obligations under these terms and conditions; (ii) you shall comply with all terms and conditions set forth herein; (iii) you have provided accurate and complete information, including, without limitation, your name, address, telephone number and credit card information; and (iv) you are an authorized user of the credit card used for this transaction.
INTELLECTUAL PROPERTY RIGHTS
© 2017 TriTails Premium Beef, LLC. All rights reserved. TriTails Premium Beef and the TriTails logo are trademarks of TriTails. All right, title, and interest, including all patents, copyrights, trademarks, trade secrets and confidential information and other intellectual property rights (the “Rights”), in the Website (in both print and machine-readable forms) belong to TriTails. You shall not in any manner violate or attempt to impair the Rights of TriTails in the Website. Unless otherwise noted, other TriTails graphics, logos, designs, page headers, button icons, scripts, and names may be registered trademarks, trademarks or trade dress of TriTails in the U.S. and/or other countries. TriTails’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
You may not use any direct link, page scraper, robot, crawler, index, spider or other automatic device program, algorithm or methodology to access, copy, acquire information or use the content or Website. You shall not modify, reverse engineer, create derivate works, disassemble or decompile the content without the express written permission of TriTails.
You agree that any breach of these terms and conditions would cause TriTails irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which TriTails may be entitled, you agree that TriTails may seek injunctive relief to prevent the actual, threatened or continued breach of this agreement. Any breach of these terms and conditions shall result in immediate termination of the license provided for herein.
TriTails reserves the right to terminate this Agreement at any time and for any reason including, but not limited to, breach or suspected breach of any of these terms and conditions. Upon termination by TriTails, you must immediately cease using the Website. You may also terminate this Agreement at any time by ceasing use of the Website. TriTails may also suspend or discontinue the Website without notice.
DISCLAIMER OF WARRANTIES
THE PRODUCTS AND/OR WEBSITE ARE PROVIDED “AS IS,” “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TRITAILS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT AND/OR WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TRITAILS DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR COMPLETELY COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TRITAILS SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, VIRUSES, DELAYS OR INTERRUPTIONS IN THE PRODUCT AND/OR WEBSITE CAUSED BY ANY REASON, INCLUDING NEGLIGENCE OR FAILURE TO ACT OF TRITAILS. YOU HEREBY ACKNOWLEDGE THAT THE PRODUCT AND/OR WEBSITE MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE WEBSITE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF TRITAILS.
TRITAILS ATTEMPTS TO BE AS ACCURATE AS POSSIBLE AND ELIMINATE ERRORS ON THE WEBSITE; HOWEVER, TRITAILS DOES NOT WARRANT THAT ANY PRODUCT, SERVICE, DESCRIPTION, PHOTOGRAPH, PRICING OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. IN THE EVENT OF AN ERROR, WHETHER ON THE WEBSITE, IN AN ORDER CONFIRMATION, IN PROCESSING AN ORDER, DELIVERING A PRODUCT OR SERVICE OR OTHERWISE, TRITAILS RESERVES THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY IF NECESSARY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL THE ORDER AND REFUND ANY AMOUNT CHARGED.
TRITAILS SHALL HAVE NO LIABILITY FOR ANY DAMAGE, DELAY OR FAILURE TO SHIP OR DELIVER PRODUCT. TRITAILS’ RESPONSIBILITY FOR PRODUCT, IF ANY, SHALL TERMINATE WHEN PRODUCT IS DELIVERED TO A SHIPPING AGENT AND YOU AGREE TO LOOK TO SUCH AGENT FOR ANY DAMAGES SUSTAINED IN SHIPPING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
TRITAILS’ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF TRITAILS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) YOUR ACTUAL DIRECT DAMAGES; OR (B) REPLACEMENT OF THE PRODUCT OR THE AMOUNT PAID, IN OUR DISCRETION. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST TRITAILS. TRITAILS AND (AS APPLICABLE) TRITAILS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, AND ATTORNEYS’ FEES). THIS LIABILITY LIMIT APPLIES EVEN IF TRITAILS OR A THIRD-PARTY ACTED NEGLIGENTLY.
GOVERNING LAW AND VENUE
THESE TERMS AND CONDITIONS ARE DEEMED TO BE MADE AND EXECUTED IN ARMSTRONG COUNTY, TEXAS, AND SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUSIVE OF CONFLICTS OF LAWS PROVISIONS.
THE EXCLUSIVE FORUM FOR ANY SUITS, CLAIMS, OR CAUSES OF ACTION ARISING DIRECTLY OR INDIRECTLY FROM THESE TERMS AND CONDITIONS SHALL BE A COURT HAVING COMPETENT JURISDICTION IN ARMSTRONG COUNTY, TEXAS, AND THE PARTIES HEREBY CONSENT TO JURISDICTION FOR SUCH PURPOSES.
CHANGES TO THESE TERMS
These terms and conditions may be changed by TriTails immediately upon notice. Continued use of the Website following any change constitutes acceptance of the change.