TERMS OF SERVICE

OVERVIEW

This website is operated by Better for Butchery, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Better for Butchery, Inc. Better for Butchery, Inc. 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.

Better for Butchery, Inc. acquired the business formerly operated by Local Eateries, Inc. Continued use of this site and services constitutes agreement with the current Terms of Service under the new ownership.

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 Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

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.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card 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

Certain products may be available exclusively online through the website. These products have limited quantities and due to the perishable nature, are not returnable. We are not responsible for product quality degradation due to delays caused by incorrect shipping information provided by the customer or carrier issues outside our control. Risk of loss transfers to the customer upon delivery by the carrier.

We reserve the right, but are not obligated, to limit the sales of our products 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. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. 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.

Products may contain or come into contact with common allergens including but not limited to wheat, soy, dairy, eggs, nuts, and shellfish. It is your responsibility to handle and cook all products safely. We are not liable for any illness, allergic reaction, or injury resulting from the preparation or consumption of our products.

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.

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.

Prices displayed on the site do not include applicable taxes or shipping fees, which will be calculated at checkout. You are responsible for any state, local, or other taxes that may apply to your order.

AUTOMATIC RENEWAL FOR SUBSCRIPTION SERVICES: If you enroll in a subscription service, your subscription will automatically renew at the end of each billing period unless canceled prior to renewal. By enrolling, you authorize us to charge your provided payment method for future recurring charges. You can manage or cancel your subscription at any time through your account.

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 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. By using this site, you consent to the collection, use, and disclosure of personal information as described in our Privacy Policy. While we take reasonable measures to safeguard your data, you acknowledge that transmission over the internet is never fully secure and we cannot guarantee absolute security. To view our Privacy Policy.

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 for any unlawful purpose; to solicit others to perform unlawful acts; to violate any laws; to infringe upon intellectual property rights; to harass or discriminate; to submit false information; to spread viruses; to collect or track others’ information; to spam or phish; or to interfere with security features. We reserve the right to terminate your use of the Service for violating any 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 expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered through the service are provided 'as is' and 'as available' without warranties of any kind.

To the maximum extent permitted by law, our total liability to you for any claim arising out of or relating to these Terms or your use of the Services shall be limited to the greater of $100 or the amount you paid us for the product or service in question.

In no case shall Better for Butchery, Inc. dba Porter Road or its affiliates be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits or data.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Better for Butchery, Inc. dba Porter Road and its affiliates, partners, officers, directors, agents, contractors, and employees from any claim or demand, including attorneys’ fees, arising out of your breach of these Terms or your violation of any law or third-party right. This indemnity extends to claims related to your misuse of the Services or violation of any applicable regulation.

SECTION 15 - SEVERABILITY

If any provision of these Terms is determined to be unlawful or unenforceable, the remainder of the Terms shall remain valid and enforceable.

SECTION 16 - TERMINATION

These Terms remain effective unless terminated by either party. You may terminate these Terms by ceasing use of the site. We may terminate your access if we suspect a breach of these Terms. Obligations incurred prior to termination will survive.

SECTION 17 - ENTIRE AGREEMENT

These Terms, along with any posted policies, constitute the entire agreement between you and us, superseding any prior agreements.

SECTION 18 - GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Kentucky, without regard to its conflict of law principles.

SECTION 19 - ARBITRATION CLAUSE

DISPUTE RESOLUTION: Any disputes arising from or relating to these Terms or your use of our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to a jury trial and to participate in class actions. This section does not apply to claims for equitable relief or those that cannot be compelled to arbitration under applicable law.

SECTION 20 - CHANGES TO 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 change these Terms at any time by updating this page. Continued use of the site constitutes your agreement to those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at help@prbutcher.com.