TERMS OF SERVICE

El Herradero Meat Market Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between You and El Herradero Meat Market (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://elherraderomeatmarket.com (the “Website”), including any content, functionality and services, such as placing orders for the Company’s products, whether as a guest or a registered user. Access to the Services is subject to these Terms of Use and El Herradero Privacy Policy.

Before you begin using the Website, please take the time to thoroughly read the Terms of Use. You accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which are incorporated herein by reference, by using the Website, signing up for our Services, proceeding with the checkout process, or by clicking to accept or agree to the Terms of Use when this choice is presented to you. You must not access or use the Website if you do not want to accept these Terms of Use or the Privacy Policy.

This website is intended for a general audience of adults. You guarantee and declare that you are of legal age to enter into a contract with the Company and satisfy all of the aforementioned eligibility requirements by using this website. You must not access or use the Website if you do not comply with all of these conditions.

Changes to the Terms of Use

These Terms of Use are subject to periodic revision and updating at our sole discretion. When we post updates, they take effect right away and are applicable to all future access and use of the website.

Following the publishing of updated Terms of Use, you are deemed to have accepted and agreed to the changes if you continue to use the website. You must frequently check this website for updates because they are legally binding on you. Any modifications will be considered unconditionally accepted by you if you continue to use the website.

Accessing the Website and Account Security

In our sole discretion, we reserve the right to remove or change this Website, together with any services or material we offer on the Website, without prior notice. If the Website is inaccessible at any time or for any period of time for any reason, we shall not be held responsible. On occasion, we might only allow users, including registered users, access to select portions or the entire website. Without prior warning, we reserve the right to change, terminate, or end the Services or this Website in whole or in part at any time.

You are responsible for:

Making all required preparations to grant you access to the Website.
Making sure that everyone who uses your internet connection to visit the Website is aware of and abides by these Terms of Use.

You might be required to submit specific registration information or other information in order to use the Website or some of the features it offers. The accuracy, timeliness, and completeness of all the information you supply on the website are requirements for using the website. You acknowledge that our Privacy Policy applies to all information you give us, whether in connection with registering with this website or otherwise, including but not limited to when using any interactive features on the website. You also agree that we may use your information in ways that are consistent with our Privacy Policy.

You must keep any username, password, or other information you choose or are given as part of our security procedures as private, and you must not divulge it to any other person or organization. You also agree not to give anyone else access to this website or any of its components using your username, password, or other security credentials since you accept that your account is private to you. You commit to let us know right away if your login, password, or any other security information is ever accessed or used without your permission. Additionally, you consent to making sure that you close your account at the end of each session. When logging into your account, you should exercise extra caution.

We reserve the right, for any reason, including if we believe you have broken one of these Terms of Use, to disable any username, password, or other identification, whether it was chosen by you or provided by us.

Intellectual Property Rights

The Company, its licensors, or other content providers own the Website and its entirety, as well as all of its features and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), which are all protected by domestic and foreign copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

According to these Terms of Use, you may only use the Website for your own personal, non-commercial purposes. You are not permitted to copy, distribute, alter, publish, publicly perform, republish, download, store, or transmit any of the content on our website, except as follows:

As a result of you accessing and viewing certain contents, your computer may momentarily store copies of the materials in RAM.
For the aim of enhancing the display, you can store files that are automatically cached by your web browser.
For your own personal, non-commercial use only, you are permitted to print or download one copy of a fair number of Website pages. Additional copies may not be reproduced, published, or distributed.
If we offer desktop, mobile, or other apps for download, you may download a single copy to your computer or mobile device only for your own personal, noncommercial use, as long as you agree to be bound by our end user license agreement for such applications.
If we link some content to social media features, you are free to use those features as they are intended.

You must not:

Alter copies of any website content in any way.
Use any images, pictures, video or audio clips, or graphics apart from the text that they are accompanying.
Remove or modify any notices of copyright, trademark, or other proprietary rights from copies of materials from this site.

Any portion of the website, as well as any services or materials made accessible through the website, may not be accessed or used for any commercial reasons.

Please send your request to [email protected] if you desire to make any other use of material on the Website beyond that described in this section.

Your right to use the website will immediately end, and you will be required to either return or destroy any copies you have made of the contents, at our choice, if you print, copy, alter, download, or otherwise use any portion of the website in violation of the Terms of Use. All rights not expressly given by the Company are reserved, and you are not granted any right, title, or interest in or to the Website or any of the content on the Website. Any use of the website that is not specifically authorized by these terms of use is prohibited and may be illegal under copyright, trademark, and other laws.

Trademarks

All related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensees. The Company name, its trademarks, the Company logo, and all variations thereof are also trademarks of the Company. Without the prior written consent of the Company, you may not use such marks. The proprietors of all other names, logos, product and service names, designs, and slogans on this website claim ownership of such items.

Billing and Payments

AUTOMATIC RENEWAL OF SUBSCRIPTION. WHEN YOU PURCHASE A SUBSCRIPTION, WHETHER 30, 60 OR 90 DAYS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) EL HERRADERO MEAT MATKET (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS FOR THE PRICE OF YOUR CHOSEN SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES SET FORTH DURING THE PURCHASE PROCESS) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR TERMINATE THE SUBSCRIPTION. THE RECURRING CHARGES FOR YOUR SUBSCRIPTION WILL BE SET FORTH DURING THE PURCHASE PROCESS. THE AMOUNT YOU ARE CHARGED MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND WE MAY ADJUST SUCH RECURRING CHARGES FROM TIME TO TIME IN ACCORDANCE WITH THESE TERMS.

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor(s)) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor(s) cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. In the event you want to change or update payment information associated with your El Herradero Meat Market account, you can do so at any time by logging into your account and editing your payment information, by emailing [email protected].

Shipping and Risk of Loss

Shipping and handling costs are incorporated into the price of your order unless otherwise stated at the time of purchase. Estimated shipping and/or arrival dates and times are provided. If you suspect that all or a portion of your order is missing or damaged, you must tell El Herradero Meat Market within twenty-four (24) hours of the date of receipt of your purchase.

If shipping goods are reported as not being received, we will conduct an investigation, which can involve notifying the postal service. At our discretion, we may make changes to your account. Your membership could be canceled and future use barred if there are repeated reports of undelivered goods.

Local Taxes

You may be charged local sales tax or VAT, if applicable.

Geographic Restrictions

Only people residing in the United States may use this Website and the Services that we provide. We make no assertions regarding the accessibility or suitability of the Website or any of its content outside of the United States. It’s possible that it’s not legal for some people or nations to access the website. You are solely responsible for adhering to local laws if you visit the Website from a country other than the United States.

Prohibited Uses

The Website may only be used for legal purposes and in compliance with these Terms of Use. You agree not to use the Website:

To use any other manner that disobeys any applicable local, national, state, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To solicit personally identifiable information from, exploit, injure, or attempt to exploit or harm minors in any way, such as by exposing them to offensive material.
To send, intentionally receive, upload, download, use, or reuse any content that does not adhere to the Content Standards outlined in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or make an effort to impersonate the Company, a Company employee, another user, or any other person or organization (including, without limitation, by using e-mail addresses associated with any of the foregoing)
To engage in any other behavior that prevents or hinders anybody from using or enjoying the website, or that, in our judgment, may hurt the company or website users or subject them to responsibility.

Additionally, you agree not to:

Use the website in a way that could damage, overload, disable, or otherwise affect it or interfere with how others use it, including their ability to interact with the website in real-time.
Access the website using a robot, spider, or other automatic device, process, or means for any reason, including seeing or duplicating any of the content there.
Monitor or copy any content on the Website using a manual procedure, or use the Website for any other illegal purpose without first receiving our prior written approval.
Use Utilize any tool, program, or procedure that prevents the Website from operating properly. any device, software or routine that interferes with the proper working of the Website.
Inject any malicious software, such as worms, Trojan horses, logic bombs, or other potentially dangerous items.
Make an attempt to access the website without authorization or to alter, delete, or otherwise tamper with any part of it, its server of storage, or any other server, computer, or database linked to the website.
Launch a distributed denial-of-service attack or a denial-of-service attack on the website.
Attempting to otherwise obstruct the Website’s smooth operation.

Changes to the Website

The information on this website may occasionally be updated, but it is not always accurate or current. Any information on the website may be outdated at any point, and we have no duty to keep such information current.

Information About You and Your Visits to the Website

Our privacy policy applies to all the data we gather on this website. By using the Website, you agree to our use of your information in accordance with the Privacy Policy.

Linking to the Website and Social Media Features

You are allowed to link to our site as long as you do so in a way that is legal, ethical, and does not harm or unfairly advantage our reputation. However, without our express written consent, you may not set up a link that might be interpreted as an affiliation, sponsorship, or support from us.

This Website may provide certain social media features that enable you to:

Link to specific information on this website from your own or selected third-party websites with permission.
Send emails or other communications with particular content or links to certain content on this website.
Display or seem to display sections of this Website’s content on your own or selected third-party websites.

You may only use these features in the manner in which we make them available, with the material with which they are shown, and in accordance with any additional terms and restrictions we may give with respect to such features. Subject to the foregoing, you must not:

Create links to your website from any other website that is not yours.
Use any method, such as framing, deep linking, or in-line linking, to cause the Website or sections of it to be shown or seem to be displayed on another website.
Link to any page on the website besides the home page.
In any other way, act in a manner that is contrary to any other provision of these Terms of Use with regard to the content on this website.

The website you are linking to or where you make particular content available must adhere in every way to the Content Standards outlined in these Terms of Use.

You hereby assist with us in causing the prompt cessation of any unlawful framing or linking. Without prior warning, we have the right to revoke the link authorization.

We reserve the right to disable any and all social networking features and links at any moment, without prior warning.

Links from the Website

If the Website includes links to third-party websites and resources, those links are solely being offered for your convenience. Links in banner ads, sponsored links, and other embedded advertisements are included in this. Since we have no control over the information on other websites or in those resources, we disclaim all liability for any loss or harm that may result from your use of them. You use any third-party websites that are linked to this one totally at your own risk and are subject to their own terms and conditions of use.

Disclaimer of Warranties

You acknowledge that we are unable to and do not represent or guarantee that any files you may download from the internet, or the Website will be free of viruses or other harmful programming. You are accountable for putting in place enough procedures and checkpoints to meet your unique needs for anti-virus security and the accuracy of data input and output, as well as for maintaining a method outside of our site for any data reconstruction that may be necessary. If you use this website or any services or products obtained through it, or if you download any materials posted on it, or on any website linked to it, you agree that we will not be responsible for any loss or damage resulting from a distributed denial-of-service attack, viruses or other harmful computer code that may infect your computer equipment, computer programs, data, or other proprietary material.

You use the website at your own risk, as well as any services or anything you obtain from the website. The website, its content, and any products or services obtained via the website are provided “as is” and “as available” with no express or implied warranties of any kind. NO WARRANTY OR REPRESENTATION IS MADE BY THE COMPANY OR ANYONE ASSOCIATED WITH THE COMPANY AS TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. Without limiting the aforementioned, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT.

INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.

A WARRANTY WHICH CANNOT BE EXCLUDED OR LIMITED PURSUANT TO APPLICABLE LAW IS NOT AFFECTED BY THE FOREGOING.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

YOU AGREE THAT EL HERRADERO MEAT MARKET’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, THE CONSENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO EL HERRADERO MEAT MARKET IN THE THEN-PRIOR CALENDAR YEAR.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

In the event that you violate these Terms of Use or use the Website, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, as well as each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees).

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related ther Without regard to any choice-of-law or conflict-of-laws provision or rule, all issues pertaining to the Website, these Terms of Use, and any dispute or claim arising out of or related to any of the foregoing (including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California (whether of the State of California or any other jurisdiction)eto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Although we reserve the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in the County of Orange. You give up all rights to challenge the courts’ ability to judge you and where they will hold court.

Arbitration

El Herradero Meat Market reserves the right to demand that You submit any disagreements relating to the use of these Terms of Use, the Website, Services, or Products, including disagreements relating to or involving their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in accordance with the American Arbitration Association’s Arbitration Rules and California law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE RELATING TO, ARISING OUT OF, OR RELATED TO THESE TERMS OF USE, THE WEBSITE, SERVICES, OR PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition stated in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and the Company’s failure to assert any right or provision under these Terms of Use shall not be deemed a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

If any provision of these Terms of Use is determined to be invalid, unlawful, or unenforceable for any reason by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms of Use shall remain in full force and effect.

Your Comments and Concerns

This website is operated by El Herradero Meat Market.

The copyright agent should receive all notices of copyright infringement claims in the manner and by the means specified therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]