Terms of Use

Kansas City Steak Company Terms of Use Agreement

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.

This Terms of Use Agreement (the “Agreement”) is a legal agreement exclusively between you and Kansas City Steak Company and its affiliates (collectively, “Company,” “we,” “us,” or “our”) governing your use of our websites and other online or mobile services, properties, software, or applications that link to this Agreement (collectively, “Site”). By continuing to use our Site, you agree that such use is legally sufficient consideration under this Agreement.

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

Orders
Returns and Exchanges
Refunds
Shipping
Auto Delivery and Subscriptions
Promo Codes and Discounts
Free Items and Gifts with Purchase

Our Intellectual Property Rights
Your Authorized Use of Our Site
Downloads
Content Submitted by You
Interactive Features and Forums

Text Message Marketing
Accounts
Descriptions, Testimonials, Opinions

Third-Party Content and Links
Updates to this Agreement
Other Policies
Important Legal Terms

Termination
Children
Disclaimer of Warranty
Limitation of Liability
Indemnity
Consent to Communication
Severability
Assignment

Disputes, Arbitration and Class Action Waiver
Terms for Users in Certain Geographic Locations

New Jersey Residents
California Residents
International Users

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.

Read more about our Terms of Sale.

(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.
Your use of our Site may be governed by other terms and conditions applicable to certain features or promotions. You should also read our Privacy Policy.
This Agreement contains information about how you can contact us regarding complaints, questions or copyright infringement claims.

Read the complete Agreement below.

COMPLETE AGREEMENT

TERMS OF SALE

Purchases on our Site are subject to the following policies, each of which is hereby incorporated into this Agreement:

Orders

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.

Shipping

For 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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YOUR AUTHORIZED USE OF OUR SITE

While using our Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use our Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with our Site or any other party’s use of our Site. In addition, we expect users of our Site to respect the rights and dignity of others. For example, you may not do any of the following without our consent:

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.

Linking: You are granted a limited, non-exclusive right to create text hyperlinks to our Site for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain any material 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. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in our Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from our Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.

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DOWNLOADS

Our Site may allow you to download certain Content and other information or materials. The Company makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with the Company or a third party, for example an agreement with a mobile application store.

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CONTENT SUBMITTED BY YOU

You are responsible for any information, text, reviews, posts, images, videos or other materials or content that you post on our Site, upload to us, or transmit through our Site (“User Content”). You agree, represent and warrant that any User Content you post on our Site or transmit through our Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through our Site any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). If you are uploading a receipt, you represent and warrant that you have the right to upload the receipt and understand that receipts may contain information about your transaction. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.

PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (1) we are free to use such User Content for any purpose, (2) such User Content will be deemed not to be confidential or proprietary (3) we may have something similar already under consideration or in development, and (4) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.

User Content License: By submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of our Site a non-exclusive license to access your User Content through our Site, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of our Site and under this Agreement. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.

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INTERACTIVE FEATURES

Text Message Marketing

By participating in a text message campaign you are agreeing to the Disputes, Arbitration, and Class Action Waiver of this Agreement as well as the rest of the terms herein, including the Limitation of Liability.

Opting In

You may be able to sign up to a text message marketing campaign from our Site or through another method provided by us. Text messaging may include one-time or recurring texts related to the following programs (“SMS Programs”):

Marketing, Offers and Sales Promotion Programs
Event information
Informational Services or Alerts (e.g. product launch announcements, cart reminders, and back in stock, price drop, and low inventory alerts)
Order Tracking and Delivery Alerts

To opt into a SMS Program, you must provide your mobile phone number and agree to the terms of this Agreement. Consent to receive SMS messages is not required as a condition to purchase products or services. By opting into an SMS Program, you:

Authorize us to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
Acknowledge that you do not have to agree to receive messages as a condition of purchase.
Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

Opting Out and Seeking Assistance

You may opt out of these communications at any time by texting “STOP” any time or in response to the text message you received. This is the exclusive method for opting out. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After texting “STOP”, you will receive one additional message confirming that your request has been processed, and then you will no longer receive SMS messages from that particular short code. If you want to join again, sign up as you did the first time and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

Cost and Frequency of Messages

Message and data rates may apply. If you have any questions about your text or data plan, it is best to contact your wireless provider.

Unless otherwise noted, we may send multiple, recurring messages depending on the SMS Program you’ve enrolled in and/or terminate the SMS Program or your participation in it at any time with or without notice.

Supported Carriers

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The SMS Programs may not be available on all wireless carriers. We may add or remove any wireless carrier from the Service at any time without notice. Us and the mobile carriers are not liable for delayed or undelivered messages to you. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMS Programs. If your mobile carrier is not participating, you will not receive a reply to your messages. Some mobile carriers may not support some of the services at the prices offered. Pre-paid users may not be able to participate and need to check with their mobile carrier.

You must notify us if you give up a telephone number that is subscribed to a SMS Program or if the number is otherwise reassigned. To do so, or find out more information on our text message marketing programs, contact us. Our Privacy Policy applies to text message marketing programs.

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Accounts

Our Site allows you to register for accounts specific to you for ordering, Auto Delivery, and other purposes (“Account”).

In general, you are not obligated to register for an Account in order to access our Site. However, certain sections and features of our Site are available only to users who have registered for an Account (“Registered Users”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else, that may be construed as impersonating another person, that belongs to another person, that violates the intellectual property or other rights of any person, or that is offensive. You may only have one active Registered User Account on each Site at any given time and you may not allow other people to use your Account to access our Site.

If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access our Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.

You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to our Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Site and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

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Descriptions, Testimonials, Opinions

Our Site may contain expert opinions. Information on our Site identified as expert opinion, or accessed from this Site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of the Company.

Our Site may allow you to leave product reviews, opinions, or testimonials, all of which is User Content. If you leave a review on another Site, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content.

Descriptions and graphic representations of products on our Site are for informational purposes only and may not completely reflect the current product or its packaging. We reserve the right to change product descriptions at any time, and we are not responsible for variations between a product description and the actual product. Technological issues, such as your device settings, may alter how a product appears on our Site.

WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, BLOG, DESCRIPTION, OR OPINION POSTED ON OUR SITE TO THE MAXIMUM EXTENT ALLOWED BY LAW.

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THIRD-PARTY CONTENT AND LINKS

Any information, statements, opinions, or other information provided by third parties and made available on our Site are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third party Content on our Site.

We may provide on our Site, solely as a convenience to users, links to websites, social media pages, mobile applications, or other services operated by other entities. If you click these links, you will leave our Site. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked site or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any of our trademarks, logos or copyright symbols.

We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, Vine, TikTok, Pinterest, Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on our Site, but rather a website operated by a third party. All comments, visuals, and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values, or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

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UPDATES TO THIS AGREEMENT

We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this Agreement to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Site. Your continued use of our Site will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on our Site, an email to the address we have on file, or a message in your Account.

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OTHER POLICIES

This Agreement applies exclusively to your access to, and use of, our Site and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of our Site and to the purchase of certain products or services and are included as part of this Agreement whether they reference this Agreement or not.

Other types of agreements and policies that you may be subject to include, but are not limited to:

•    Policies for retailers, vendors, and distributors
•    Contest and sweepstake rules
•    Privacy policies
•    Employment agreements

Other policies and agreements are typically found by navigating our Site, typically by checking Site headers and footers and by reviewing hyperlinked terms at the point of sale.

Any sweepstakes, contests, coupons, or other promotions made available through our Site may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission, and/or entry are valid; you agree to read and abide by the applicable rules.

We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy.

Should we employ you, none of the materials provided on our Site constitute or should be considered part or of an employment contract or an offer for employment.

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IMPORTANT LEGAL TERMS

Termination

Our Site and this Agreement are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on our Site, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or other Site credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to our Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.

The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Upon any such termination, (1) you must destroy all Content obtained from our Site and all copies thereof; (2) you will immediately cease all use of and access to our Site; (3) we may delete or disable access to any of your User Content at any time; (4) and we may delete your Registered User Account at any time. You agree that if your use of our Site is terminated pursuant to this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of our Site after termination will be a violation of this Section, which survives any termination.

Even after the termination of this Agreement or of your Account or access to our Site, any User Content you have posted or submitted may remain on our Site indefinitely.

Children

Our Site is not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13) years of age. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS AND USE OUR SITE. If you are under the age of majority in your home state, which is eighteen (18) years in most states, you may not establish a registered Account with us, and you should use our Site only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain Site or sections of our Site, as well as promotions, programs and commerce we may offer on our Site, may be explicitly limited to people over the age of majority. If you are not old enough to access our Site or certain sections or features of our Site, you should not attempt to do so.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed on our Site.

Disclaimer of Warranty

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON OUR SITE OR ANY OTHER SITES LINKED TO OR FROM OUR SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF AUTO DELIVERY. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH OUR SITE IS DONE AT YOUR OWN RISK. THE CONTENT OF OUR SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE OUR SITE, OUR SITE’S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.

RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend, and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (1) your breach of any provision of this Agreement; (2) your activities in connection with our Site; or (3) the Content or other information you provide to us through our Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.