Terms & Conditions

TERMS OF USE

Last updated January 08, 2019

 

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether

personally or on behalf of an entity (“you”) and New England's Best Jerky ("Company", “we”,

us”, or “our”), concerning your access to and use of the http://newenglandsbestjerky.com

website as well as any other media form, media channel, mobile website or mobile application

related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by

accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of

Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE

EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE

IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Site from time to

time are hereby expressly incorporated herein by reference. We reserve the right, in our sole

discretion, to make changes or modifications to these Terms of Use at any time and for any

reason. We will alert you about any changes by updating the “Last updated” date of these

Terms of Use, and you waive any right to receive specific notice of each such change. It is your

responsibility to periodically review these Terms of Use to stay informed of updates. You will be

subject to, and will be deemed to have been made aware of and to have accepted, the changes

in any revised Terms of Use by your continued use of the Site after the date such revised Terms

of Use are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or

entity in any jurisdiction or country where such distribution or use would be contrary to law or

regulation or which would subject us to any registration requirement within such jurisdiction or

country. Accordingly, those persons who choose to access the Site from other locations do so

on their own initiative and are solely responsible for compliance with local laws, if and to the

extent local laws are applicable.

 

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are

not permitted to use or register for the Site.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases,

functionality, software, website designs, audio, video, text, photographs, and graphics on the

Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein

(the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright

and trademark laws and various other intellectual property rights and unfair competition laws of

the United States, foreign jurisdictions, and international conventions. The Content and the

Marks are provided on the Site “AS IS” for your information and personal use only. Except as

expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be

copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,

translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial

purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and

use the Site and to download or print a copy of any portion of the Content to which you have

properly gained access solely for your personal, non-commercial use. We reserve all rights not

expressly granted to you in and to the Site, the Content and the Marks.

 

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will

be true, accurate, current, and complete; (2) you will maintain the accuracy of such information

and promptly update such registration information as necessary; (3) you have the legal capacity

and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in

which you reside; (5) you will not access the Site through automated or non-human means,

whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or

unauthorized purpose; and (7) your use of the Site will not violate any applicable law or

regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the

right to suspend or terminate your account and refuse any and all current or future use of the

Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and

will be responsible for all use of your account and password. We reserve the right to remove,

reclaim, or change a username you select if we determine, in our sole discretion, that such

username is inappropriate, obscene, or otherwise objectionable.

 

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications,

and details of the products available on the Site. However, we do not guarantee that the colors,

features, specifications, and details of the products will be accurate, complete, reliable, current,

or free of other errors, and your electronic display may not accurately reflect the actual colors

and details of the products. All products are subject to availability, and we cannot guarantee that

items will be in stock. We reserve the right to discontinue any products at any time for any

reason. Prices for all products are subject to change.

 

PURCHASES AND PAYMENT

We accept the following forms of payment:

 

- PayPal

 

You agree to provide current, complete, and accurate purchase and account information for all

purchases made via the Site. You further agree to promptly update account and payment

information, including email address, payment method, and payment card expiration date, so

that we can complete your transactions and contact you as needed. Sales tax will be added to

the price of purchases as deemed required by us. We may change prices at any time. All

payments shall be in U.S. dollars.

 

You agree to pay all charges at the prices then in effect for your purchases and any applicable

shipping fees, and you authorize us to charge your chosen payment provider for any such

amounts upon placing your order. If your order is subject to recurring charges, then you consent

to our charging your payment method on a recurring basis without requiring your prior approval

for each recurring charge, until such time as you cancel the applicable order. We reserve the

right to correct any errors or mistakes in pricing, even if we have already requested or received

payment.

 

We reserve the right to refuse any order placed through the Site. 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 payment method,

and/or orders that use the same billing or shipping address. We reserve the right to limit or

prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or

distributors.

RETURN POLICY

Please review our Return Policy posted on the Site prior to making any purchases.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site

available. The Site may not be used in connection with any commercial endeavors except those

that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or

indirectly, a collection, compilation, database, or directory without written permission from

us.

2. Make any unauthorized use of the Site, including collecting usernames and/or email

addresses of users by electronic or other means for the purpose of sending unsolicited

email, or creating user accounts by automated means or under false pretenses.

3. Use the Site to advertise or offer to sell goods and services.

4. Circumvent, disable, or otherwise interfere with security-related features of the Site,

including features that prevent or restrict the use or copying of any Content or enforce

limitations on the use of the Site and/or the Content contained therein.

5. Engage in unauthorized framing of or linking to the Site.

6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive

account information such as user passwords.

7. Make improper use of our support services or submit false reports of abuse or

misconduct.

8. Engage in any automated use of the system, such as using scripts to send comments or

messages, or using any data mining, robots, or similar data gathering and extraction tools.

9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services

connected to the Site.

10. Attempt to impersonate another user or person or use the username of another user.

11. Sell or otherwise transfer your profile.

12. Use any information obtained from the Site in order to harass, abuse, or harm another

person.

13. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the

Content for any revenue-generating endeavor or commercial enterprise.

14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising

or in any way making up a part of the Site.

15. Attempt to bypass any measures of the Site designed to prevent or restrict access to the

Site, or any portion of the Site.

16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in

providing any portion of the Site to you.

17. Delete the copyright or other proprietary rights notice from any Content.

18. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,

JavaScript, or other code.

19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other

material, including excessive use of capital letters and spamming (continuous posting of

repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or

modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or

maintenance of the Site.

20. Upload or transmit (or attempt to upload or to transmit) any material that acts as a

passive or active information collection or transmission mechanism, including without

limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other

similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or

“pcms”).

21. Except as may be the result of standard search engine or Internet browser usage, use,

launch, develop, or distribute any automated system, including without limitation, any spider,

robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any

unauthorized script or other software.

22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

23. Use the Site in a manner inconsistent with any applicable laws or regulations.

 

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online

forums, and other functionality, and may provide you with the opportunity to create, submit,

post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or

on the Site, including but not limited to text, writings, video, audio, photographs, graphics,

comments, suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Site and the Marketplace Offerings and

through third-party websites. As such, any Contributions you transmit may be treated as nonconfidential

and non-proprietary. When you create or make available any Contributions, you

thereby represent and warrant that:

 

1. The creation, distribution, transmission, public display, or performance, and the

accessing, downloading, or copying of your Contributions do not and will not infringe the

proprietary rights, including but not limited to the copyright, patent, trademark, trade secret,

or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents,

releases, and permissions to use and to authorize us, the Site, and other users of the Site to

use your Contributions in any manner contemplated by the Site and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every identifiable

individual person in your Contributions to use the name or likeness of each and every such

identifiable individual person to enable inclusion and use of your Contributions in any manner

contemplated by the Site and these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials,

pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,

slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions do not advocate the violent overthrow of any government or incite,

encourage, or threaten physical harm against another.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not contain any material that solicits personal information from

anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent

manner.

12. Your Contributions do not violate any federal or state law concerning child pornography,

or otherwise intended to protect the health or well-being of minors;

13. Your Contributions do not include any offensive comments that are connected to race,

national origin, gender, sexual preference, or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that violates, any

provision of these Terms of Use, or any applicable law or regulation.

 

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these

Terms of Use and may result in, among other things, termination or suspension of your rights to

use the Site and the Marketplace Offerings.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the

Site by linking your account from the Site to any of your social networking accounts, you

automatically grant, and you represent and warrant that you have the right to grant, to us an

unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fullypaid,

worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish,

broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate,

transmit, excerpt (in whole or in part), and distribute such Contributions (including, without

limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to

prepare derivative works of, or incorporate into other works, such Contributions, and grant and

authorize sublicenses of the foregoing. The use and distribution may occur in any media formats

and through any media channels.

 

This license will apply to any form, media, or technology now known or hereafter developed,

and includes our use of your name, company name, and franchise name, as applicable, and

any of the trademarks, service marks, trade names, logos, and personal and commercial

images you provide. You waive all moral rights in your Contributions, and you warrant that moral

rights have not otherwise been asserted in your Contributions.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your

Contributions and any intellectual property rights or other proprietary rights associated with your

Contributions. We are not liable for any statements or representations in your Contributions

provided by you in any area on the Site. You are solely responsible for your Contributions to the

Site and you expressly agree to exonerate us from any and all responsibility and to refrain from

any legal action against us regarding your Contributions.

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change

any Contributions; (2) to re-categorize any Contributions to place them in more appropriate

locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any

reason, without notice. We have no obligation to monitor your Contributions.


GUIDELINES FOR REVIEWS


We may provide you areas on the Site to leave reviews or ratings. When posting a review, you


must comply with the following criteria: (1) you should have firsthand experience with the


person/entity being reviewed; (2) your reviews should not contain offensive profanity, or


abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory



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