Cattle Bros Terms & Conditions

Cattle Bros Terms & Conditions

TERMS OF USE AND CONDITIONS OF PURCHASE 

Revised: April 16, 2021 

Welcome to Cattle Bros. and our Terms of Use and Conditions of Purchase (these  “Terms”). 

THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE  CAREFULLY READ THESE TERMS OF USE AND PURCHASE BEFORE PLACING AN  ORDER.  

Note that Section 14 of these Terms contains a mandatory arbitration provision that requires each of us to use of binding arbitration on an individual basis and limits the remedies available to us in the event of certain disputes. By agreeing to these terms, each of us is giving up our right to bring our disputes before a jury or as a member of class action.


If you are using the Services on behalf of any entity, you represent and warrant  that you are authorized to accept these Terms on such entity’s behalf and that  such entity agrees to be responsible to us if you or such entity violates these  Terms. By accessing or using the services provided by Cattle Bros. through our websites,
 blogs and/or mobile applications (collectively, the “Sites” and together with such  services, the “Services”) you agree to be bound by these Terms and all of the  terms incorporated herein by reference. If you do not agree to these Terms, you  may not access or use the Services in any way or order, receive or use the meat  or other products made available through the Services (collectively, the  “Product(s)”). 

Cattle Bros. reserves the right to change or modify these Terms at any time and  in our sole discretion. If we make material changes to these Terms, we will  provide notice of such changes, such as by sending you an email notification or  providing notice through the Sites. By continuing to access or use the Services in  any way after such notice has been provided, you confirm your acceptance of the  revised Terms and all of the terms incorporated therein by reference. We  encourage you to review the Terms frequently to ensure that you understand the  terms and conditions that apply when you access or use the Services or order,  receive or use the Products. If you do not agree to the revised Terms, you are free  to reject them, but in that case you may not access or use the Services or order,  receive or use the Products. 

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1 Privacy Policy.

 

Please refer to our Privacy Policy, available  

at https://www.new.cattlebros.com/privacy-policy/ (“Privacy Policy”) for 

information about how we collect, use and disclose information about you.  If you are a California Resident, please see additional privacy disclosures  at https://www.new.cattlebros.com/california-privacy-policy/ 

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2 Eligibility.

 

The Services are not targeted toward or intended for use by anyone under  the age of 18. By using the Services, you represent and warrant that you  (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or  engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one Cattle Bros. account, and (e) have  full power and authority to enter into these Terms and in so doing will not  violate any other agreement to which you are a party.

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3 Registration, Account and Communication

Preferences.

 

 In order to access and use certain areas of the Sites or features of the  Services, you will need to register for a Cattle Bros. account. By creating an  account, you agree to (a) provide accurate, current and complete account  information, (b) maintain and promptly update from time to time as  necessary your account information, (c) maintain the security of your  password and accept all risks of unauthorized access to your account and  the information you provide to us, and (d) immediately notify us if you  discover or otherwise suspect any security breaches related to the Services  or your account. By creating a Cattle Bros. account, you also consent to  receive electronic communications from Cattle Bros. (e.g., via email or by  posting notices to the Sites). These communications may include notices  about your account (e.g., payment authorizations, password changes and  other transactional information) and are part of your relationship with us.  You agree that any notices, agreements, disclosures or other  communications that we send to you electronically will satisfy any legal  communication requirements, including, but not limited to, that such  communications be in writing. You should maintain copies of electronic  communications from us by printing a paper copy or saving an electronic  copy. We may also send you promotional communications via email,  including, but not limited to, newsletters, special offers, surveys and other  news and information we think will be of interest to you. You may opt out 

of receiving these promotional emails at any time by following the  unsubscribe instructions provided therein. 

4 Terms of Sale

4.1 Subscriptions.

(a) PLANS. 

▪ Cattle Bros. offers a subscription service where we  

offer various subscription plans for the recurring delivery of  our Products (each purchase of any such plan, a  

“Subscription”) and may offer add-on or one-time Products for  sale. Our Product offerings and available Subscription plans  are described on our website and mobile application, as  

applicable, at the time of purchase, and are subject to change  at any time prior to purchase. 

▪ WHEN YOU  

(b) AUTOMATIC RENEWAL OF SUBSCRIPTION. 

PURCHASE A QUARTERLY SUBSCRIPTION, YOU EXPRESSLY  ACKNOWLEDGE AND AGREE THAT (A) CATTLE BROS. (OR  OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED  TO CHARGE YOU ON A MONTHLY OR QUARTERLY 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.  

INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE  DESCRIBED IN SECTION 4.1(c) BELOW. THE INITIAL  

MONTHLY OR QUARTERLY 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 SECTION 4.4 BELOW. 

▪ YOU MAY CANCEL YOUR  

(c) CANCELLATION POLICY. 

QUARTERLY SUBSCRIPTION AT ANY TIME PRIOR TO THE  

ORDER INVOICE DATE BY  

EMAILING support@cattlebros.com. IF CANCELLATION  

OCCURS AFTER THE INVOICE DATE THE CANCELLATION  

REQUEST WILL BE PROCESSED FOR THE NEXT SCHEDULED  INVOICE. YOU ARE RESPONSIBLE FOR ALL CHARGES  

(INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) 

INCURRED WITH RESPECT TO ANY ORDER PROCESSED  PRIOR TO THE CANCELLATION OF YOUR MONTHLY  

SUBSCRIPTION.

 

4.2 Gifts.

You may have the ability from time to time to purchase  Subscriptions for other people through the Services (“Gifts”). Gifts  are not refundable or redeemable for cash, unless required by  applicable law. Gifts must be redeemed for purchases through the  Services in accordance with our then-current procedures for  redemption, which may require the recipient to create their own  account and agree to these Terms in order to redeem the Gift. GIFTS  THAT ARE MONTHLY SUBSCRIPTIONS ARE SUBJECT TO THE AUTO  RENEWAL TERMS IN 4.1(b) AND THE CANCELLATION POLICY IN  4.1(c).

 

4.3 Payment and Billing Information.

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) 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  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. However, your failure to do so shall not constitute  cancellation of any Order. In the event you want to change or update  payment information associated with your Cattle Bros. account, you  can do so at any time by logging into your account and editing your  payment information.

 

4.4 Pricing and Availability.

All prices shown via the Services are in U.S. dollars. Any applicable  taxes and other charges, if any, are additional. We reserve the right  to change our Subscription and other Product offerings, and to  adjust prices as we may determine in our sole discretion, at any time  and without notice; provided, however, that if we change the  amounts or other charges associated with your then-current  Subscription(s), we will provide advance notice of such changes via  one of the means described in Section 3. We will not, however, be  able to notify you of changes in any applicable taxes prior to such  changes becoming effective. The shipment of Products to you after  our delivery of such notice will confirm your acceptance of such  changes, unless you cancel your subscription(s) in accordance with  the cancellation policy set forth in Sections 4.1(c).

 

4.5 Substitutions.

All of our Products are subject to availability, and we reserve the  right to impose quantity limits on any Order, to reject all or part of  an Order, to discontinue offering certain Products and to substitute  Products (including, but not limited to, specific ingredients or entire  shipments) without prior notice. We strive to provide you with high quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to  make substitutions from time to time. If you are not satisfied with a  substitution, please contact us at support@cattlebros.com.

 

4.6 Taxes.

We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at  checkout may be adjusted. Several factors may cause this, such as  variances between processor programs and changes in tax rates.

 

 

 

4.7 Shipping and Handling.

You agree to pay any shipping and handling charges shown at the  time you make a purchase. We reserve the right to increase,  decrease, add or eliminate shipping and handling charges from time 

to time, but we will provide notice of the charges applicable to you  before you make your purchase. Generally, shipping is handled by  FedEx and UPS, however we reserve the right to use other shipping  couriers as needed. Actual delivery dates may vary. You agree that  you will not obtain, or direct shipment of, a Product for export. All  Products purchased from us are made pursuant to a shipment  contract. 

 

4.8 Deliveries.

You are responsible for inspecting all Products you receive from us  for any damage or other issues upon delivery. In addition, you are  solely responsible for determining the freshness of the Products you  receive. You should always inspect your delivery to confirm that the  ingredients arrive in a cool, refrigerated condition. We recommend  that you use a food thermometer to ensure that the temperature  zone within the container in which any meat, poultry or seafood  Product is located is 40° F or below. In the unlikely event that such  temperature zone is above 40°F, or you have any other reason to  believe that any other Product in your delivery is not suitable for  consumption, contact us at support@cattlebros.com (attaching  photos of the item(s)) and discard the item(s). To maintain the  quality and integrity of the Products, we recommend that you  immediately refrigerate all perishable Products upon delivery and  follow the U.S. Department of Agriculture’s (“USDA”) instructions on  refrigeration and food safety, which can be found here. From the  time of delivery, the condition and consumption of the Products are  solely at your risk, and you are solely responsible for the proper and  safe washing, handling, preparation, storage, cooking, use and  consumption of the Products following delivery. We recommend  that you follow the USDA’s instructions on safe food handling, which  can be found here. We also recommend that all cooking instructions  be followed and that you use a food thermometer to ensure that all  meat, poultry, seafood and other applicable items are cooked to the  USDA’s recommended internal temperatures, which can be  found here. Failure to follow safe food handling practices and  temperature recommendations may increase the risk of foodborne  illness. In addition, pregnant women, young children, the elderly and  individuals with compromised immune systems should follow the  U.S. Food and Drug Administration’s recommendations on food  consumption for at-risk groups, which can be found here. If you are 

not at home when your delivery arrives, the courier will generally  leave the package for you at your door. Our ingredients are frozen  and individually packaged and labeled. The ingredients are placed  inside boxes that feature inbuilt insulation specially designed to  

keep meat within the optimal temperature range, with dry ice if  necessary. The amount of dry ice is carefully calculated based on  your geographic location/guaranteed courier delivery time. When  retrieved on the guaranteed delivery date, dry ice may be completely  evaporated. Your order will typically remain cold and fresh for  several hours, but depending on the season and temperature in your  geographic area at the time of delivery, advance planning by you  should be made for proper storage of your ingredients prior to  consumption. In certain areas, you may be able to provide additional  delivery instructions when setting up your CattleBros. account, such  as requesting that your delivery be left with a doorman or neighbor.  Any individual at the delivery address who accepts a delivery from  us is presumed to be authorized to receive such delivery. In cases in  which you have designated an alternative receiver, such person shall  accept the delivery under all of the same terms and conditions that  would apply had you accepted the delivery yourself. In the case of  inclement weather or other events beyond our control that interfere  with our ability to deliver your Order, we will attempt to deliver  your Order as soon as reasonably possible. In the event of a courier  delay, please inspect the contents carefully and  

email support@cattlebros.com immediately with any concerns  (attaching photos for review). In some cases, delivery may occur  prior to the scheduled delivery date. In the event that timely delivery  of your ingredients is not feasible, we will cancel your delivery for  the period so affected and issue you a credit or refund of the  purchase price for that delivery. 

 

4.9 No Resale.

You are not permitted to resell or otherwise use the Products for  commercial purposes.

 

4.10 Returns and Refunds.

  

▪ 

(a) 

Standard Return/Refund Policy.

▪ We are shipping perishable Product and therefore  

(i) 

are not able to accept returns. Unlike items that have a 

longer shelf life, items that are perishable cannot be  restocked or resold. 

▪ If you are not completely satisfied with your  

(ii) 

CattleBros. for good reason, please  

contactsupport@cattlebros.com within seven (3) days  of receipt. We will happily review you your order and  any reported issues and offer an appropriate resolution  which may include replacement of the Product in  question, credit towards your next box, or a partial/full  refund. Since we are not able to physically access the  product, we may ask that you provide photos of the  Product label and damage reported. 

▪ We guarantee delivery to the address provided  

(iii) 

when the order is placed/shipped and when retrieved  on the guaranteed delivery date. 

▪ Due to the perishable nature of our Product, we  

(iv) 

cannot guarantee the condition of the delivery if the  address is incorrectly entered, if a change of address  isn’t updated prior to the invoice date, if an address is  altered while in transit, or if you are unable to retrieve  the order on the guaranteed delivery date and did not  notify us prior to the order being invoiced. 

▪ When placing your order, please enter your shipping  

(v) 

address carefully to ensure accuracy and review your  receipt/account for any errors. If you enter the shipping  address incorrectly when the order is placed, please  email support@cattlebros.com immediately for  correction. Should your shipping address change, please  update your address prior to the invoice date either via  your account or by writing to support@cattlebros.com. ▪ If your order is returned to us because of an  

(vi) 

incorrect address provided or refusal of delivery when  shipped according to our terms and conditions, we must  dispose of the contents and you will not be refunded. In  the event an order is delivered late due to an incorrect  address or if you are unable to retrieve on the delivery  date without prior notification and thawing/damage  occurs, you will not be refunded. If you would like an  order that was improperly addressed or not retrieved 

on the guaranteed delivery date reshipped, you will be  charged 50% of the cost for the replacement shipment. ▪ Return/Refund Policy for Cancelled Orders. You are liable  

(b) 

for any orders placed or charges that incur prior to the  cancellation request. If the request for cancellation is made  after your order has invoiced, the request will be processed  for the next scheduled invoice. 

▪ (c) Return/Refund Policy for Courier Damaged Products. ▪ We strive to provide a great selection of quality  

(i) 

Product delivered to your door every quarter and  guarantee that your order will arrive in great condition  when delivered to the address on file and retrieved on  the guaranteed delivery date. 

▪ While we would love every delivery to arrive on  

(ii) 

time and without issue, delays or damage can occur  once the package is in transit via the courier  

(UPS/FedEx) that are out of our control due to weather,  accidents, etc. In the event of damage caused by  

improper handling or late delivery, we are happy to file  a claim and replace the shipment. We ask that you  please email support@cattlebros.com within seven (3)  days of receipt, provide a description of the damage,  and a photo(s) of the order in the state it was received.  Claim filing is time sensitive and photos are required in  order to show proof of damage. 

▪ Return/Refund Policy for Damaged Products (not courier  

(d) 

related). 

▪ We strive to provide a great selection of quality  

(i) 

Product delivered to your door every quarter and  guarantee that your order will arrive in great condition  when delivered to the address on file and retrieved on  the guaranteed delivery date. 

▪ In the unlikely event of damage, we ask that you  

(ii) 

please email support@cattlebros.com within seven (3)  days of receipt, provide a description of the damage,  and a photo(s) of the order in the state it was received.  We will happily review you your order and any  

reported issues and offer an appropriate resolution  which may include replacement of the Product in  question, credit towards your next box, or a partial/full 

 

 

refund. Since we aren’t able to physically access the  

Product, we may ask that you provide photos of the  

Product label and damage reported. 

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5 License to Access and Use Our Sites and Content.

 

Unless otherwise indicated in writing by us, the Sites and all content and  other materials contained therein, including, without limitation, the  CattleBros. logo and all designs, text, graphics, pictures, information, data,  software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of CattleBros. or our  licensors or users, as applicable, and are protected by U.S. and  international copyright laws. You are hereby granted a limited,  nonexclusive, nontransferable, non-sublicensable license to access and use  the Sites and Content. However, such license is subject to these Terms and  does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content,  (c) modify or otherwise make any derivative uses of the Sites or Content,  or any portion thereof, (d) use any data mining, robots or similar data  gathering or extraction methods, (e) download (other than the page  caching) any portion of the Sites or Content, except as expressly permitted  by us, and (f) use the Sites or Content other than for their intended  purposes. Any use of the Sites or Content other than as specifically  authorized herein, without our prior written permission, is strictly  prohibited and will terminate the license granted herein. Such  unauthorized use may also violate applicable laws, including, without  limitation, copyright and trademark laws and applicable communications  regulations and statutes. Unless explicitly stated by us, nothing in these  Terms shall be construed as conferring any right or license to any patent,  trademark, copyright or other proprietary rights of CattleBros. or any third party, whether by estoppel, implication or otherwise. This license is  revocable at any time. Notwithstanding anything to the contrary in these  Terms, the Sites and Content may include software components provided  by CattleBros. or a third party that are subject to separate license terms, in  which case those license terms will govern such software components.

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6 Hyperlinks.

 

 

CattleBros. makes no claim or representation regarding, and accepts no  responsibility for, the quality, content, nature or reliability of third party  websites accessible by hyperlink from the Sites or of websites linking to  

the Sites. Such sites are not under our control, and we are not responsible  for the contents of any linked site, any link contained in a linked site, or  any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our  affiliation, endorsement or adoption of any site or any information  contained therein. When you leave the Sites, you should be aware that our  terms and policies no longer govern. You should review the applicable  terms and policies, including privacy and data gathering practices, of any  site to which you navigate from the Sites.

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7 Third Party Content.

 

We may display content, advertisements and promotions from third  parties through the Services, including in shipments with Products  (collectively, “Third Party Content”). We do not control, endorse or adopt  any Third Party Content, and we make no representations or warranties of  any kind regarding such Third Party Content, including, without limitation,  regarding its accuracy or completeness. You acknowledge and agree that  your interactions with third parties providing Third Party Content are  solely between you and such third parties, and that CattleBros. is not  responsible or liable in any manner for such interactions or Third Party  Content.

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8 User Conduct.

 

You agree that you will not violate any law, contract, intellectual property  or other third party right or commit a tort, and that you are solely  responsible for your conduct, while accessing or using the Sites. You agree  that you will abide by these Terms and will not: Engage in any harassing,  threatening, intimidating, predatory or stalking conduct; Use or attempt to  use another user’s account without authorization from such user and  CattleBros.; Use the Sites in any manner that could interfere with, disrupt,  negatively affect or inhibit other users from fully enjoying the Sites or that  could damage, disable, overburden or impair the functioning of the Sites in  any manner; Reverse engineer any aspect of the Sites or do anything that  might discover source code or bypass or circumvent measures employed  to prevent or limit access to any Content, area or code of the Sites; Attempt 

to circumvent any content-filtering techniques we employ or attempt to  access any feature or area of the Sites that you are not authorized to  access; Develop any third party applications that interact with the Sites  without our prior written consent; Use any robot, spider, crawler, scraper,  script, browser extension, offline reader or other automated means or  interface not authorized by us to access the Sites, extract data or otherwise  interfere with or modify the rendering of Site pages or functionality;  Bypass or ignore instructions contained in the robots.txt file, that controls  all automated access to the Sites; or Use the Sites for any illegal or  unauthorized purpose, or engage in, encourage or promote any activity  that violates these Terms. 

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9 Feedback.

 

You are always free to submit questions, comments, suggestions, ideas,  original or creative materials or other information about CattleBros, the  Sites or the Products (collectively, “Feedback”). Feedback is non confidential and shall become the sole property of CattleBros. CattleBros. shall be free to use (and allow others to use) such Feedback, including,  without limitation, all intellectual property rights in and to such Feedback,  and shall be entitled to the unrestricted dissemination of this Feedback for  any purpose, commercial or otherwise, without acknowledgment or  compensation to you.

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10 Indemnification.

 

To the fullest extent permitted by applicable law, you agree to indemnify,  defend and hold harmless CattleBros., and our respective past, present and  future employees, officers, directors, contractors, consultants, equity  holders, suppliers, vendors, service providers, parent companies,  subsidiaries, affiliates, agents, representatives, predecessors, successors  and assigns (individually and collectively, the “Cattle Bros. Parties”), from  and against all actual or alleged acattleBros. Party or third party claims,  damages, awards, judgments, losses, liabilities, obligations, penalties,  interest, fees, expenses (including, without limitation, attorneys’ fees and  expenses) and costs (including, without limitation, court costs, costs of  settlement and costs of pursuing indemnification and insurance), of every  kind and nature whatsoever, whether known or unknown, foreseen or  unforeseen, matured or unmatured, or suspected or unsuspected, in law or  equity, whether in tort, contract or otherwise (collectively, “Claims”), 

including, but not limited to, damages to property or personal injury, that  are caused by, arise out of or are related to (a) your use or misuse of the  Sites, Content or Products, (b) any Feedback you provide, (c) your  violation of these Terms, (d) your violation of the rights of another, (e) any  third party’s use or misuse of the Sites or Products provided to you and (f)  any User Content you create, post, share or store on or through the Sites or  our pages or feeds on third party social media platforms. You agree to promptly notify CattleBros. of any third party Claims and cooperate with  the CattleBros. Parties in defending such Claims. You further agree that the  CattleBros. Parties shall have control of the defense or settlement of any  third party Claims. This indemnity is in addition to, and not in lieu of, any  other indemnities set forth in a written agreement between you and  CattleBros. 

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11 Disclaimers.

 

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING,  HANDLING, PREPARATION, STORAGE, COOKING, USE AND  CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE  ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD  ALLERGIES YOU MAY HAVE AND FOR VERIFYING THE SUITABILITY OF  ALL PRODUCTS AND THEIR INGREDIENTS BEFORE HANDLING,  PREPARING, USING OR CONSUMING SUCH PRODUCTS FURTHER, YOU  UNDERSTAND, ACKNOWLEDGE AND AGREE THAT PRODUCTS ARE  PACKAGED AND STORED IN FACILITIES THAT MAY HANDLE FOODS  WITH ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS  AND TREENUTS) AND WE CANNOT GUARANTEE THAT CROSS CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.WE ATTEMPT  TO DISPLAY PRODUCT PRICING, DESCRIPTIONS, INGREDIENT LISTS, AND  NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER,  OUR SITES, THEIR CONTENTS, AND ALL INFORMATION, PRODUCTS AND  SERVICES MADE AVAILABLE THROUGH OUR SITES ARE PROVIDED ON AN  “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR  WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY  LAW, CATTLEBROS. DISCLAIM ANY AND ALL REPRESENTATIONS AND  WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH  RESPECT TO OUR SITES, THEIR CONTENTS, AND THE INFORMATION,  PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THESE SITES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,  CATTLEBROS. DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, 

EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT,  MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B)  ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C)  RELATING TO THE SECURITY OF THESE SITES; (D) THAT THE  INFORMATION ON THESE SITES, INCLUDING NUTRITIONAL AND PRICING  INFORMATION, IS ACCURATE, COMPLETE OR CURRENT; OR (E) THAT  THESE SITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR. 

  • IN THE EVENT OF AN ERROR IN THE SERVICES, INCLUDING IN AN ORDER CONFIRMATION, OR IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND  REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE  CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A  REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER  MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE  PRODUCTS AND MATERIALS DISPLAYED ON OUR WEBSITES AND/OR  MOBILE APPLICATIONS DUE TO A NUMBER OF FACTORS, INCLUDING,  WITHOUT LIMITATION, DIFFERENCES IN HOW YOUR COMPUTER OR  MOBILE DEVICE DISPLAYS TEXT AND/OR IMAGES, NATURAL  VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER  PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT  AND APPLIANCES. THE SITES MAY CONTAIN INFORMATION ABOUT  PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A  REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR  GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR  AT THE TIME OF YOUR ORDER.We reserve the right to change any and all  Content and to modify, suspend or stop providing access to the Sites (or  any features or functionality of the Sites) and the Products at any time  without notice and without obligation or liability to you. Reference to any  products, services, processes or other information by trade name,  trademark, manufacturer, supplier, vendor or otherwise does not  constitute or imply endorsement, sponsorship or recommendation thereof,  or any affiliation therewith, by us. Some jurisdictions do not allow the  disclaimer of implied terms in contracts with consumers, so some or all of  the disclaimers in this Section may not apply to you. 

12 Limitation of Liability; Release.

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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO  EVENT SHALL CATTLEBROS. OR ANY OF THE OTHER CATTLEBROS.  PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, 

CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND  (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR  PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF  ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION)  ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF  THE SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY  PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT  NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM  RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM  CATTLEBROS., OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS,  DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES,  TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY  FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS  OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR  UNAUTHORIZED ACCESS TO CATTLEBROS. RECORDS, PROGRAMS OR  SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN  CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE  NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT  PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY  (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH  DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE  FORESEEABLE).TO THE FULLEST EXTENT PERMITTED BY APPLICABLE  LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF  CATTLEBROS. AND THE OTHER CATTLEBROS. PARTIES (JOINTLY)  ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT  OR USE OF PRODUCTS PURCHASED FROM THE CATTLEBROS. EXCEED  THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT  OR USE OF INGREDIENTS, OR ACCESS OR USE OF THE SITES OR  CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID  TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE  DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS  SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL  OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL  CONSTITUTE BUTCHERBOX AND THE OTHER CATTLEBROS. PARTIES’  SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF  THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT  (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER  ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY  OTHER LEGAL OR EQUITABLE THEORY.Some jurisdictions do not allow  the exclusion or limitation of incidental or consequential damages, so the 

above limitation or exclusion may not apply to you. Some jurisdictions also  limit disclaimers or limitations of liability for personal injury from  consumer products, so this limitation may not apply to personal injury  claims. 

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13 Dispute Resolution; Arbitration.

 

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES EACH OF US TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF UNDER THESE TERMS. IN PARTICULAR, WE EACH AGREE TO GIVE UP OUR RIGHT TO BRING CERTAIN DISPUTES BEFORE A JURY OR RESOLVE CERTAIN CLAIMS IN COURT OR AS A MEMBER OF A CLASS PROCEEDING.

13.1 Binding Arbitration.

For any dispute arising out of or related to these Terms or the Sites,  Content, or Products, except for any disputes, claims, suits, actions,  causes of action, demands or proceedings arising out of or related to  a violation of Section 10 or disputes in which either party seeks to  bring an individual action in small claims court or seeks injunctive  or other equitable relief for the alleged unlawful use of intellectual  property, including, without limitation, copyrights, trademarks,  trade names, logos, trade secrets or patents (each, a “Dispute”), to  the extent permitted by applicable law, you and CattleBros. agree (a) to waive your and CattleBros. respective rights to have any and all  Disputes resolved in a court, and (b) to waive your and CattleBros.  respective rights to a jury trial. Instead, you and CattleBros. agree to  arbitrate Disputes through binding arbitration. Arbitration is the  referral of a Dispute to one or more persons charged with reviewing  the Dispute and making a final and binding determination to resolve  it instead of having the Dispute decided by a judge or jury in court.

 

  

 

13.2 No Class Arbitrations, Class Actions or Representative Actions. 


To the extent permitted by applicable law, you and CattleBros. agree
 that any Dispute is personal to you and CattleBros. and that any  Dispute will be resolved solely through individual arbitration and  will not be brought as a class arbitration, class action or any other  type of representative proceeding. To the extent permitted by 

applicable law, you and CattleBros. agree that there will be no class  

arbitration or arbitration in which an individual attempts to resolve  

a Dispute as a representative of another individual or group of  

individuals. 

13.3 Federal Arbitration Act.

 

You and CattleBros. agree that these Terms affect interstate  commerce and that the enforceability of this Section 13 shall be both  substantively and procedurally governed by and construed and  enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1  et seq. (the “FAA”), to the maximum extent permitted by applicable  law.

13.4 Notice; Informal Dispute Resolution.

 

You and CattleBros. agree that each party will notify the other party  in writing of any Dispute or any small claims dispute within thirty  (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute or small claims dispute informally.  Notice to CattleBros. shall be sent by certified mail or courier to  CattleBros. 1485 Bronze Canyon Dr, Reno, NV 89521. Your notice  must include (a) your name, postal address, telephone number, the  email address you use or used for your CattleBros. account and, if  different, an email address at which you can be contacted, (b) a  description in reasonable detail of the nature or basis of the Dispute  or small claims dispute, and (c) the specific relief that you are  seeking. Our notice to you will be sent to the address we have on file  for you, and will include (x) our name, postal address, telephone  number and an email address at which we can be contacted with  respect to the Dispute or small claims dispute, (y) a description in  reasonable detail of the nature or basis of the Dispute or small  claims dispute, and (z) the specific relief that we are seeking. If you  and CattleBros. cannot agree how to resolve the Dispute or small  claims dispute within thirty (30) days after the date notice is  received by the applicable party, then either you or CattleBros. may,  as appropriate and in accordance with this Section 13, commence an  arbitration proceeding or, to the extent specifically provided for in  Section 13.1, file a claim in court.

13.5 Process.

 

You and CattleBros. agree that any Dispute or small claims dispute  must be commenced or filed by you or CattleBros.within one (1)  year of the date the Dispute or small claims dispute arose, otherwise  the underlying claim is permanently barred (which means that you  and CattleBros. will no longer have the right to assert such claim  regarding the Dispute or small claims dispute). You and  CattleBros.agree that (a) the arbitration will be conducted in the  county where you reside, (b) arbitration will be conducted  confidentially by a single arbitrator in accordance with the rules of  the Judicial Arbitration and Mediation Services (“JAMS”), which are  explained in more detail in Section 13.7 below and hereby  incorporated by reference, and (c) that the state or federal courts of  the State of Nevada and the United States, respectively, sitting in the  State of Nevada, County of Washoe, City of Reno, have exclusive  jurisdiction over any appeals and the enforcement of an arbitration  award. You may also litigate a small claims dispute in the small  claims court located in the county of your billing address if the small  claims dispute meets the requirements to be heard in that small  claims court.

13.6 Authority of Arbitrator.

 

As limited by the FAA, these Terms and the JAMS rules referenced in Sections 13.5 and 13.7, the arbitrator will have (a) the exclusive  authority and jurisdiction to make all procedural and substantive  decisions regarding a Dispute, including the determination of the  scope of this arbitration agreement and whether a Dispute is  arbitrable, and (b) the authority to grant any remedy that would  otherwise be available in court; provided, however, that the  arbitrator does not have the authority to conduct a class arbitration  or a representative action, which is prohibited by these Terms. The  arbitrator may only conduct an individual arbitration and may not  consolidate more than one individual’s claims, preside over any type  of class or representative proceeding or preside over any proceeding involving more than one individual.

 

13.7 Rules of JAMS.

 

The arbitration will be administered by JAMS in accordance with  the JAMS Comprehensive Arbitration Rules (the “JAMS Rules”) then  in effect, except as modified by this “Dispute Resolution” section. 

(The JAMS Rules are available at https://www.jamsadr.com/rules comprehensive-arbitration/#Rule-16-1.) The Federal Arbitration  Act will govern the interpretation and enforcement of this Section.  

To the extent there are any conflicts between the JAMS Rules and  these Terms, the Terms will control.

13.8 Severability.

 

If any term, clause or provision of this Section 13 is held invalid or  unenforceable, it will be so held to the minimum extent required by  law, and all other terms, clauses and provisions of this Section 13 will remain valid and enforceable. Further, the waivers set forth in  Section 13.2 are severable from the other provisions of these Terms  and will remain valid and enforceable, except as prohibited by  applicable law.

13.9 Opt-Out Right.

 

You have the right to opt out of binding arbitration within thirty  (30) days of the date you first accepted the terms of this Section 13 by writing to: CattleBros. 1485 Bronze Canyon Dr Reno, NV 89521. In order to be effective, the opt out notice must include your full  name and clearly indicate your intent to opt out of binding  arbitration. By opting out of binding arbitration, you are agreeing to  resolve Disputes in accordance with Section 14.

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14 Governing Law and Venue.

 

These Terms, your access to and use of the Sites, and your order, receipt  and use of the Products shall be governed by and construed and enforced  in accordance with the laws of the State of Nevada, without regard to  conflict-of-law rules or principles (whether of the State of Nevada or any  other jurisdiction) that would cause the application of the laws of any  other jurisdiction. Any Dispute between the parties that is not subject to  arbitration or cannot be heard in small claims court pursuant to Section 13  shall be resolved in the state or federal courts of the State of Nevada and  the United States, respectively, sitting in the State of Nevada, County of Washoe, city of Reno.

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15 Termination.

 

Notwithstanding anything contained in these Terms, we reserve the right,  without notice and in our sole discretion, to terminate your right to access  or use the Sites and to order, receive and use the Products, at any time and  for any or no reason, and you acknowledge and agree that we shall have no 

liability or obligation to you in such event and that you will not be entitled  to a refund of any amounts that you have already paid to us, to the fullest  extent permitted by applicable law.

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16 Severability.

 

If any term, clause or provision of these Terms is held invalid or  unenforceable, then that term, clause or provision will be severable from  these Terms and will not affect the validity or enforceability of any  remaining part of that term, clause or provision, or any other term, clause  or provision of these Terms.

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17 Survival.

 

The following sections will survive the expiration or termination of these  Terms and the termination of your CattleBros. account: all defined terms  and Sections 1; 4 -14; and 17-18.

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18 Miscellaneous.

 

These Terms constitute the entire agreement between you and CattleBros. relating to your access to and use of the Sites and your order, receipt and  use of Products. These Terms, and any rights and licenses granted  hereunder, may not be transferred or assigned by you without the prior  written consent of CattleBros. No waiver of any provision of these Terms  will constitute a waiver of such provision in any prior, concurrent or  subsequent circumstance, and CattleBros.’ failure to assert any right or  provision under these Terms shall not constitute a waiver of such right or  provision. Except as otherwise provided herein, these Terms are intended  solely for the benefit of the parties and are not intended to confer third  party beneficiary rights upon any other person or entity.