Last Updated: 5/4/2023
Effective Date: 5/4/2023
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
YOUR CONTINUED USE OF THIS SITE IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THIS SITE.
CONTINUED ACCESS AND USE OF THE SITE AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.
If you are an individual accessing or using our Site on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (“Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using our Site and to any such Organization. By continuing to use our Site, you agree that your use of our Site is legally sufficient consideration under this Agreement.
We are committed to making our Site accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Policy for more information. If you have difficulty accessing any content, feature, or functionality of our Site, please contact us.
What’s Contained in This Agreement
Click on the links below to jump to that section of the Agreement.
- Highlights of the Agreement
- Terms of Sale
- Returns and Exchanges
- Auto Delivery and Subscriptions
- Promo Codes and Discounts
- Free Items and Gifts with Purchase
- Our Intellectual Property Rights
- Your Authorized Use of Our Site
- Content Submitted by You
- Interactive Features and Forums
- Third-Party Content and Links
- Updates to this Agreement
- Other Policies
- Important Legal Terms
- Disclaimer of Warranty
- Limitation of Liability
- Consent to Communication
- Disputes, Arbitration and Class Action Waiver
- Terms for Users in Certain Geographic Locations
- Contacting Us
HIGHLIGHTS OF THE AGREEMENT
This Highlights section is intended to provide you with a basic overview of the contents of this Agreement. However, please read this entire Agreement for a complete understanding of the terms you are agreeing to. The meaning of capitalized words can be found in the full Agreement. If there is a conflict between the terms of this “Highlights” section and the terms of the full Agreement, the terms of the full Agreement control.
(a) Shopping on Our Site
- Refunds and replacements have conditions that you should understand before purchasing.
- Shipping prices vary, and correct shipping depends on you providing accurate information.
- We currently only ship within the United States.
(b) Our Rights
- All the Content on our Site is protected by intellectual property rights―you may only make limited use of the Content you find on our Site, as described below.
- We may block you from accessing our Site, block or delete your User Content, or terminate your Account for any reason.
- We are not liable for third-party content hosted on our Site, external websites linked to or from our Site, or errors regarding product information, availability or promotional offers.
(c) Your Use of Our Site
- Unless otherwise indicated, you only may use our Site and our Content for your personal use as an individual.
- While on our Site, you may not violate any laws, infringe any rights, threaten, harass or impersonate others, or take other actions that harm us or other people or parties.
- You must not attempt to bypass security protections on our Site, introduce viruses or other harmful code, or use our Site to attack other websites or services.
- If you register for an Account on our Site, you should keep your password confidential and not allow other people to use your Account.
(d) Your Content
- If you send us or post or upload User Content to our Site, we may use that User Content for any purpose, including commercial uses, product development, and advertising.
- If you post your name, personal information, or other User Content to public areas of our Site, that information might be seen and used by any visitors to our Site.
- You should not send us or post User Content that (1) you want to keep confidential or (2) you do not have the rights to post.
(e) Important Things to Know
- By using our Site, you consent to the terms of this Agreement. We may update this Agreement from time to time, and we will use reasonable efforts to provide you with notice of these updates if they are material.
- THIS AGREEMENT CONTAINS LIMITATIONS ON OUR LIABILITY TO YOU, IMPORTANT DISCLAIMERS OF WARRANTIES, AND INDEMNIFICATION OBLIGATIONS BY YOU.
- THIS AGREEMENT GOVERNS HOW DISPUTES WITH US WILL BE HANDLED, INCLUDING USING BINDING ARBITRATION WITH A CLASS ACTION WAIVER.
- This Agreement contains information about how you can contact us regarding complaints, questions or copyright infringement claims.
Read the complete Agreement below.
TERMS OF SALE
Purchases on our Site are subject to the following policies, each of which is hereby incorporated into this Agreement:
We may make improvements and/or changes in products or services described on our Site, add new features, or terminate our Site at any time without notice. We also: (a) reserve the right to change the goods and services advertised or offered for sale through our Site, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on our Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that information on our Site (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on our Site is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated (or if our Site has a non-US domain), products sold on our Site are intended for end use in the United States and are not labeled or intended for international distribution.
Taxes: If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
Payment Processing: We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices. For online orders the methods of payment that we accept are Visa, Mastercard, American Express, Discover, PayPal, or Kansas City Steak Company Gift Certificates.
Gift certificates can be combined with Credit Cards or PayPal. Please make sure to enter the gift certificate first.
Although a check or money order cannot be used online, you are more than welcome to print off your checkout summary page and mail it in with a check or money order. Our corporate mailing address is below.
Refunds and Replacements
Our Site sells some products for which we allow a refund or replacement; meaning (1) all or a portion of the purchase price is returned to you without you providing the item back to us or (2) we will provide you with a similarly priced replacement. This may be indicated on our Site or may be communicated by our customer service. We reserve the right to only issue a refund, or require a replacement, in our sole discretion regardless of what our Site may indicate. Refunds or replacements will not be issued for products that have not been purchased directly through our Site. If you received a product as a gift, we will replace it with another item or gift certificate of equal value.
Timing: For refund and replacement eligible products, you have 45 days from the date of shipment to contact us for a full refund of the purchase price (less shipping and handling fees) or replacement. Following such 45-day period, no product is eligible for a refund or replacement. However, even after 45 days, we encourage you to contact us if you are unsatisfied with a product and so our customer service can improve your experience, which may include providing an exception to this policy.
Guarantees: Some of our products or brands carry a “guarantee” which may allow for refunds or replacements for longer than 45 days. If so guaranteed, all terms of the guarantee apply and such guarantee will be treated as a refund or replacement for the purpose of this Agreement.
Conditions: Your refund/replacement is subject to the following conditions:
- To request a refund/replacement, you must contact our customer service department. Our Site may also let you request a refund/replacement through your Account or through other functionality.
- In your refund/replacement request, you must indicate the specific product with which you are not satisfied and include your order number, name, and contact information, as well as the reason for your refund/replacement request.
- If we accept your refund/replacement request, you will receive a credit to your original form of payment or a replacement of the same product, which will be sent to the original shipping address in the order number you provide. If we are unable to credit that form of payment, your refund may not be completed. We may contact you for new payment information or provide your refund in another way, such as through your Account.
ShippingFor more information on our Shipping Policy, visit here. Currently we only ship within the United States (including Hawaii and Alaska).
Shipping fees vary and can be found as calculated during the order completion process before checking out.
Unless otherwise indicated, we are only able to ship to one shipping address per order. If you’d like to ship to multiple addresses, please place separate orders for each unique address. We do not ship to a P.O. Box or Military APO/FPO addresses. Please make sure your address is correct. Once in transit, we cannot redirect shipments to a new or different address. If you order is returned for an invalid or incorrect address your order will be returned to stock and the order refunded less any shipping charges.
We are not liable for any lost shipments when USPS is selected as the shipping method.
If you have questions regarding shipping please Contact Us.
Auto Delivery and Subscriptions
Our Site allows you to sign up or subscribe for automatic reoccurring delivery of certain products at regular intervals (“Auto Delivery”), which you can learn how to activate here. After you join Auto Delivery, you will receive an email confirming your subscription. This email will include a link to access Auto Delivery where you can manage your future orders, subscription items, and subscription account information. If you opt-in to Auto Delivery, we automatically bill for and send you the product you subscribed to based upon your chosen frequency. You have control over your Auto Delivery orders, and we send an email reminder before each order ships. You can change your delivery frequency, next order date, or quantity by visiting your Account on our Site. Changes to orders can be made any time within 24 hours of the next scheduled shipment date, and you can cancel Auto Delivery at any time. By electing to Auto Delivery, you may receive certain discounts as detailed on the applicable Site. These discounts are not guaranteed and may be discontinued at any time, including while you are still signed up for Auto Delivery.
Promo Codes and Discounts
Our Site may create or advertise promo codes, discounts, coupon codes, and offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers or used with Auto Delivery or subscription orders. Only consumers can use promo codes, they cannot be used by resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on our Site.
Free Items and Gifts With Purchase
Promotions including free items, sometimes referred to as gifts, with purchase are available for a limited time only and offered while supplies last. No rainchecks will be provided for out of stock free items. There is a limit of 1 free item per transaction. Any available free gifts must be shipped with an order and cannot be shipped separately.
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OUR INTELLECTUAL PROPERTY RIGHTS
All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing in or on our Site (the “Content”) are protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of the Site, copyrighted and protected as a collective work. All intellectual property rights associated with our Site, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using our Site. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on our Site is strictly prohibited.
Subject to your compliance with this Agreement, we grant you a limited license to access and use our Site and its Content for personal, informational, and shopping purposes. No Content from our Site may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access our Site. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of our Site or the Content.
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- Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through our Site any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
- Post to or transmit through our Site any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
- Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to our Site;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with our Site, or express or imply that we endorse any statement you make;
- Violate, or attempt to violate, the security of our Site;
- Disseminate on our Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of our Site;
- Build a competitive product or service using our Site, build a product or service using similar ideas, features, functions, or graphics as our Site or determine whether our Site are within the scope of any patent;
- Interfere in any manner with the operation or hosting of our Site or monitor the availability, performance, or functionality of our Site;
- Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on our Site or to collect any information from our Site or any other user of our Site; or
- Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of our Site.