TERMS & CONDITIONS
Agreement between User and United Steaks
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that US is not responsible for third party access to your account that results from theft or misappropriation of your account. US and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
No Unlawful or Prohibited Use/Intellectual Property
User is granted a non-exclusive, non-transferable, revocable license to access and use US’ Site strictly in accordance with these Terms.
As a condition of your use of the Site, you warrant to US that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of US or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. US content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of US and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of US or our licensors except as expressly authorized by these Terms.
US has the right, but not the obligation, to monitor any activity and content associated with any forums and interactive areas on the Site. US may access at any time and use internally for any lawful purpose information stored in its systems. US may disclose such information to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Site at any time.
You agree not to access the Site except through the visual user interfaces authorized by US or through our authorized accessibility alternatives. You further agree not to use the Site for any commercial uses other than management of your personal account with us, for personal, family, or home or business delivery of food products by US, unless you obtain US’ prior written approval. You agree not to use or launch any automated system, including without limitation, robots, spiders, crawlers, and/or offline readers (other than screen readers and similar devices designed to assist visually impaired persons), that accesses the Site. Notwithstanding the foregoing, US grants the operators of publicly accessible search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, and not indices which enable the purchase of products except from US directly.
Arbitrable disputes by User are those disputes that are made within the applicable statute of limitations and which arose out of or are related to, in any manner, use of the Site. Arbitrable disputes by US are those claims against a User made within the applicable statute of limitations and which arose out of the Site. Subject to the provisional remedies such as injunctive relief or restraining orders, if any, provided for under applicable law, arbitration shall be the exclusive remedy for resolving any such arbitrable disputes, and the decision of the arbitrator shall be final and binding on all parties. An action to compel arbitration pursuant to this Arbitration Procedure, or to confirm, vacate or modify an arbitration award, may be brought pursuant to the procedures of the State of California. The rights of the parties under this Arbitration Procedure are the same as those available to them in a court of competent jurisdiction.
Arbitration is initiated by giving written notice of the intention to arbitrate to the other party. The notice must be given within the applicable statute of limitations. A failure to file the notice within the applicable statute of limitations shall constitute a waiver of the dispute in any forum. The notice of intent to arbitrate must contain a description of the dispute, the facts on which it is based, and the remedy/relief sought and hand delivered or sent by registered or certified mail to (name and address). A notice of intent to arbitrate from US shall be sent by registered or certified mail to the User and shall be deemed filed on the date received.
The arbitrator shall be chosen within 30 days of receipt of the written notice of intent to arbitrate, or as soon thereafter as practicable. If the parties are unable to agree on the selection of an arbitrator, either party may petition the court for a list of three retired judges available to arbitrate. The User shall strike one name, then US shall strike one name, and the remaining judge will serve as the arbitrator. To the extent required by applicable law, US shall pay the arbitrator’s fee. Otherwise, US and the User shall split the arbitrator’s fee.
The arbitrator shall have the authority to rule on all motions, whether made prior to or at the hearing, including motions for summary judgment or summary adjudication. The arbitrator shall not have the authority to amend, modify or delete any provision of this Arbitration Procedure or US’ policies, unless violative of applicable law. The arbitrator shall have the authority to award only such remedies as could be awarded by a court under the applicable substantive law, which may include injunctive or other equitable relief. Prior to the hearing, the arbitrator shall encourage the parties to explore mediation.
Arbitration is intended to provide a less time-consuming, less expensive, and less complicated means of settling disputes. Discovery may be initiated by the parties after the selection of the arbitrator, and may be initiated without first obtaining permission from the arbitrator. In the event of a dispute regarding discovery, either party may ask the arbitrator to determine what discovery is appropriate under the circumstances, or adequate for the prosecution or defense of the claims. However, under no circumstances will discovery be permitted that is broader than that which is allowed by the applicable procedural rules of the State of California. The arbitrator may issue subpoenas to compel the testimony of third-party witnesses or the production of documents.
User will be permitted to be represented at the arbitration hearing by an attorney if notice is given to US one month prior.
The arbitrator may order the parties to submit pre- and/or post-hearing briefs. All testimony taken at the hearing before the arbitrator shall be under oath and, unless otherwise agreed to by the parties, the rules of evidence of the state in which the US is located shall apply. A party shall have the right to have a written transcript of the proceedings at that party’s own expense.
The arbitrator shall issue a written decision within 30 days, or as soon thereafter as practicable, of the later of the conclusion of the hearing or, where applicable, the receipt of briefs. This decision, which shall set forth the essential findings and conclusions on which it is based, shall be final and binding on the parties. Therefore, other than a petition to confirm, vacate or modify the decision, neither party may initiate a lawsuit that in any way arises out of or relates to the dispute. The decision of the arbitrator may be entered as a judgment in a court of competent jurisdiction.
In the event that any paragraph, or provision within a paragraph, of this Arbitration Procedure is determined to be illegal or unenforceable, such determination shall not affect the validity or enforceability of the remaining paragraphs, or provisions within a paragraph, all of which shall remain in full force and effect. A court of competent jurisdiction may reform this Arbitration Procedure if necessary to effectuate the intent of the parties to resolve the specified disputes through arbitration.
Changes to Terms
US reserves the right, in its sole discretion, to change the Terms under which access is offered. The most current version of the Terms will supersede all previous versions. US encourages you to periodically review the Terms to stay informed of our updates.
We welcome your questions or comments regarding these Terms:
2443 East 27th Street
Vernon, CA 90058
Effective as of June 01, 2017
The Site is an ecommerce Site selling food products. All prices listed include the total price, and payment is due on checkout. Orders ship Monday-Wednesday every week and ship via FedEx Ground or Express service. Deliveries are expected to arrive within 24-48 hours from when we ship. You will receive a tracking number from FedEx after the order ships so you will know estimated delivery date. If any of the meat purchased is not frozen upon delivery, you agree to inform us immediately. We will replace it with an appropriately frozen shipment. Under no circumstances will User accept any delivery where the meat is not frozen. Our Refund and Guarantee Policy is Here.
Visiting Site or sending emails to US through Site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
US does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Site only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of US and US is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. US is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by US or any association with its operators.
Certain services made available via US are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site’s domain, you hereby acknowledge and consent that US may share such information and data with any third party with whom US has a contractual relationship to provide the requested product, service or functionality on behalf of US users and customers.
The Service is controlled, operated and administered by US from our offices within the United States of America If you access the Service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the US content accessed in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
The information and content pertaining to health and general wellness on this Site (“Health Information”) is for informational purposes only. None of the Health Information is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or change in health. Never disregard or delay in seeking professional medical advice because of something you have read on this Site. This Site does not recommend or endorse any specific tests, products, procedures, methods, opinions or other information that may be mentioned on the Site. Reliance on any information provided by or otherwise appearing on this Site is solely at your own risk.
You agree to indemnify, defend and hold harmless US, its officers, directors, Users, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. US reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with US in asserting any available defenses.
Class Action Waiver Only Applicable in Jurisdictions Where Not Prohibited
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted unless your jurisdiction does not prohibit waiver. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and US agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. UNITED STEAKS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
UNITED STEAKS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. UNITED STEAKS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
US reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of the Los Angeles County Superior Court for all disputes arising out of or relating to the use of the Site, specifically. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and US as a result of this agreement or use of the Site. US’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of US’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by US with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and US with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and US with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.