Customer Agreement
 
Welcome to Palouse River Premium Beef.  PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEBSITE.
 
THIS CUSTOMER AGREEMENT (the “Agreement”) is between you and Palouse River Premium Beef, LLC (“PRP Beef”). It states the terms and conditions under which you may use this website (the “Site”) and receive service, which includes processing and delivery of product orders (the “PRP Beef Service”).  Your use of the PRP Beef Service and this Site constitutes your agreement to the terms and conditions set forth below.  If you do not agree with all of the terms and conditions, do not use this Site or the PRP Beef Service.
 
1.         Overview.  This Site is operated by PRP Beef.  PRP Beef provides this Site, including all information, tools and services available from this Site to you (the “User”) conditioned upon your acceptance of all terms, conditions, policies and notices stated in this Agreement.  By accessing this Site, you agree to the following terms and conditions of the PRP Beef Service.  If you do not agree to the terms and conditions, you are not authorized to access or otherwise use this Site or purchase products from this Site, including, without limitation, Users who are browsers, vendors, customers, merchants, and/or contributors of content.
 
            PRP Beef reserves the right to update, change or replace any part of the terms and conditions of the PRP Beef Service by posting updates and/or changes to this Site.  It is your responsibility to check this page periodically for changes.  Your continued use of, or access to, this Site following the posting of any changes constitutes acceptance of all changes.
 
            You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the PRP Beef Service and this Site.  You agree to comply with all laws applicable to your activities on this Site and with the terms of this Agreement.  You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.
 
            You acknowledge that from time to time this Site may be inaccessible or inoperable due to any reason or cause, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which PRP Beef may undertake from time to time; and/or (iii) causes beyond the control of PRP Beef or which are not reasonably foreseeable by PRP Beef.
 
2.         Use of Site and Content.  Your use and access to this Site is subject to the following terms and conditions.
 
2.1       Use of Site.  You may access and use this Site solely for your personal use in accordance with this Agreement.  You agree not to access or use this Site in any manner that is prohibited by the terms and conditions set forth herein (the “Conditions”), or that is otherwise unlawful.  PRP Beef reserves the right, in its sole discretion, to cancel orders and refund your money, to refuse to conduct business with you, and terminate or suspend your access to, and/or use of, this Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason). You agree that: (i) if your authorization to access this Site is terminated, you will not thereafter access, or attempt to access, this Site, directly or indirectly; and (ii) if your authorization to access this Site is suspended, you will not thereafter access, or attempt to access, this Site, directly or indirectly, until your suspension is removed and PRP Beef gives you express notice thereof.  Misuse or unauthorized sharing of any promotional codes is strictly prohibited. In cases of suspected abuse, orders will be canceled or blocked.  Upon receipt of proof you were the intended recipient of any such promotional code, your order will be allowed and the code will be honored.
 
2.2       Use of Content.  You are granted a limited, revocable license under copyright laws to make a single copy and/or print a single copy of any information displayed or transmitted on this Site (including, but not limited to, logotypes, trademarks, service marks, directories, guides, news articles, opinions, reviews, text, photographs, images, html, source and object code, software, data, and the like, all collectively referred to as the “Content”) for your personal, noncommercial use.
 
2.3       Restrictions.  Except as expressly permitted in Subsections 2.1 and 2.2 above, you agree not to, without first obtaining the express written consent of PRP Beef: (i) distribute (including via email), or otherwise make available, copies of any Content to anyone; (ii) republish the Content on the internet or any intranet or extranet site or incorporate the Content in any database, file, compilation, or archive; (iii) reproduce, adopt, distribute, perform or display any Content, except to the extent required for the limited purpose of viewing material on this Site; (iv) alter or remove any trademark, copyright or any other notice contained in any Content; (v) archive or retain any Content in any form; (vi) use Content for any commercial purposes; (vii) use any of PRP Beef’s trademarks as metatags on other websites; (viii) use this Site in any manner that is illegal or impairs the operation of this Site or its availability to usage by others; and/or (ix) display any part of this Site in frames (or any Content via in-line links).  You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through this Site, and not to insert any code or product or manipulate the Content in any way that affects the User’s experience.  You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data or price gathering or extraction method in connection with your use of this Site except for customary search engines used in accordance with the instructions directed to search engines and available on this Site.
 
2.4       Product Information and Attributes.  PRP Beef has made every effort to display as accurately as possible the attributes of its products that appear on this Site.  Notwithstanding the foregoing, actual colors and visual depictions you see will depend on your monitor, your internet connection and other factors beyond the control of PRP Beef.  PRP Beef cannot guarantee that your monitor’s display of any exact product attributes will be accurate.
 
3.         User Submissions.  The personal information you submit to PRP Beef is governed by PRP Beef’s Privacy Policy.  To the extent there is any inconsistency between the terms of use under this Agreement and the Privacy Policy, the Privacy Policy shall govern.
 
            Except as provided under User Comments, Feedback and Other Submissions in Section 8 hereof, PRP Beef does not claim ownership of any information or material a User provides PRP Beef or posts, uploads, inputs, submits or transmits to this Site (“Submission”).  You agree that you will not make any submission that is, in whole or in part: libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious view, or disability; in violation of local, state, national, or international law; and/or that infringes on, or violates, any right of any party.  Additionally, you agree that you will not:  (i) make any Submission that is an advertisement or solicitation of business; (ii) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (iii) post a chain letter or pyramid scheme; (iv) impersonate another person; (v) distribute viruses or other harmful computer code; (vi) harvest or otherwise collect information about others, including email addresses, without their consent; (vii) post the same note more than once or “spamming”; and/or (viii) engage in any other conduct that restricts or inhibits any other person from using or enjoying this Site or which, in the judgment of PRP Beef, exposes PRP Beef or any its licensors, partners, or customers to any liability or detriment of any type.
 
            By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by PRP Beef.  If you make a Submission, you automatically grant or warrant that the owner of such content has expressly granted PRP Beef a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed.  Notwithstanding the foregoing, PRP Beef is not required to use any Submission.
 
            You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions.  PRP Beef is not responsible for the consequences of any Submission. PRP Beef is not responsible for screening or monitoring Submissions made to this Site by Users.  If notified by a User of a Submission allegedly in violation of this Agreement, PRP Beef may investigate the allegation and determine in good faith, and in its sole discretion, whether to remove such Submission.  PRP Beef will have no liability or responsibility to Users for performance of such activities.
 
            PRP Beef reserves the right (but is not obligated) to:  (i) record the dialogue on this Site; (ii) investigate an allegation that a Submission does not comply with the terms of use set forth in this Agreement and determine in its sole discretion to remove or request the removal of the Submission; (iii) remove the Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with the terms of use set forth in this Agreement; (iv) terminate a User’s access to any or all parts of this Site upon any breach of the terms of use under this Agreement; (v) monitor, edit, or disclose any Submission; and/or (vi) edit or delete any Submission posted on this Site, regardless of whether such Submission violates the terms of this Agreement.
 
4.         PRP Beef Service.  The following details how PRP Beef manages orders.
 
4.1       Only Through the Site.  Order for product must be received before posted cutoff times for a given delivery (see Delivery of Products below for details).  Available delivery dates and time windows and associated delivery fees and promotions will be shown during the ordering process.  Delivery time slots are available on a first-come/ first-served basis.  To view delivery and cutoff times, visit the “Delivery Information” section of this Site.  Note that modified orders are subject to price changes and a change of delivery date may not guarantee the availability of your desired items.
 
You may cancel orders via the “Your Account” section of this Site or by contacting PRP Beef at PRPB.LLC@gmail.com.  Please see the “Contact Us” section of this Site for Customer Service hours.
 
4.2       Price, Availability and Substitutions.  PRP Beef strives to provide you with great prices compared to competition near your delivery address, and certain items may be priced differently depending on your last delivery address or the address you choose before placing items in your cart.  Due to the perishable nature of our products, certain products may be unavailable due to market conditions beyond PRP Beef’s control or quality that is below PRP Beef’s standards.  If PRP Beef has an item that is very similar to the item you ordered, PRP Beef reserves the right to make item substitutions.  If you are not happy with the substitution, please email PRP Beef at PRPB.LLC@gmail.com.  If PRP Beef is unable to fulfill your entire order with the items you ordered or appropriate substitutions, PRP Beef will use reasonable efforts to contact you prior to delivery (which may include notice in your conformation email).  Once you complete checkout, your price, or price per pound/ounce is guaranteed unless you placed an order for an item for which PRP Beef has inadvertently listed an incorrect price.  In those circumstances, PRP Beef reserves the right to cancel undelivered orders for such incorrectly priced products. PRP Beef will contact you immediately in such circumstances, and, of course, your payment method will not be charged.
 
Please note:  PRP Beef reserves the right to limit your order or the quantity of a particular product that you may order.
 
4.3       Promotions and Promotional Codes.  Any and all offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules concerning such offers or promotions.  PRP Beef may create promotional codes that may be redeemed for purchases or offers on this Site, subject to any additional terms that PRP Beef establishes for each such promotional code (each a “Promo Code”).  You agree that a Promo Code:  (i) must be used for the intended audience, recipients, and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public or recipients that were not intended or permitted by PRP Beef (whether posted to a public forum or otherwise), unless expressly permitted by PRP Beef; (iii) may be disabled by PRP Beef at any time for any reason without liability to PRP Beef; (iv) may only be used pursuant to the specific terms that PRP Beef established for each such Promo Code; (v) is not valid for cash; and (vi) may expire prior to your use.  PRP Beef reserves the right to withhold or deduct credits or other offers or benefits obtained through the use of Promo Codes by you or any other User in the event that PRP Beef determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of use under this Site.
 
 
 
4.4       Shipping Fee.  Depending upon your proximity to PRP Beef’s place of business, your order will be shipped by US mail, United Parcel Service, Federal Express, or through a local delivery service.  PRP Beef shall charge a shipping fee for all orders sent by US Mail, United Parcel Service and Federal Express.  Delivery of your order through a local delivery service shall be as provided in Subsection 4.5 below.
 
4.5       Local Delivery Fees.  Local deliveries may include a delivery fee.  If a local delivery fee is charged, it will be added to your order.  Any such local delivery fee is not a gratuity for the delivery personnel who delivers or is otherwise involved with the delivery of your order and will not be given to any such delivery personnel as a gratuity.  You, however, may tip the local delivery personnel as provided in Subsection 4.6 below. 
 
4.6       Tip.  If you wish to tip, specify the amount on the Site at checkout.  The tip will appear itemized on the order confirmation and be included in your credit card total.  The full amount of tip, less the processing fee charged by the credit card processor if paid by credit card or debit card, will be paid to the delivery personnel who, as determined by PRP Beef’s policies, participated in the actual delivery of your order.  Another option is to provide a cash tip at the time your order is delivered to you.
 
4.7       Minimum Purchase.  Your order may be subject to a minimum purchase order total, not including taxes, delivery fees, and surcharges.
 
5.         Payment.  The following payment options are available for your order.
 
5.1       Credit/Debit Card Payment.  To place an order, you must have a credit or debit card (“Card”) on file with PRP Beef.  PRP Beef will execute a One Dollar ($1.00) authorization or temporary charge on your card to verify the validity of your account and that the information you provided to PRP Beef is correct.  This authorization does not cost you anything and under most circumstances will expire in a few days (debit card authorizations typically expire in 1 to 2 days depending on your bank’s rules).  If you experience trouble enrolling with PRP Beef, you may see multiple One Dollar ($1.00) authorizations.  These multiple charges (up to $5.00) will expire in a few days.  You may edit or update your Card information in the “Your Account” section of this Site.
 
5.2       Card Authorization and Estimated Costs.  Your Card will be charged for your order on the day your order is placed.  PRP Beef will not process an order that attempts to use an incorrect, expired, or over-the-credit-limit Card.  PRP Beef will make reasonable efforts to contact you if this occurs.  However, in the event such an order is processed, PRP Beef reserves the right to collect funds for any uncollected transaction charges or fees owed to PRP Beef.  PRP Beef may charge a fee of Two Dollars ($2.00) per order should a payment made via Card be declined, resulting in the need for alternate payment or exception processing.  If you fail to pay any fees or charges when due, including, but not limited to, returned checks, rejected electronic payments, and delivery and shipping fees, PRP Beef may charge such amount directly to the Card identified in your Customer Account and PRP Beef may suspend or terminate your access to PRP Beef Service.  You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that PRP Beef may incur in its efforts to collect any unpaid balances from you.  Your right to use the PRP Beef Service is subject to limits established by PRP Beef and/or by your Card issuer.
 
5.3       Checking Account Payment.  To be eligible to pay for your order from a checking account: (i) you must have received, paid for, and settled at least one (1) prior order with PRP Beef; (ii) there must be a valid Card identified in your Customer Account; and (iii) your PRP Beef Customer Account must be in good standing.  PRP Beef does not accept paper checks.
 
Your checking account payment will process after your order has been placed.  PRP Beef will not process orders that use an incorrect or overdrawn checking account.  PRP Beef will use reasonable efforts to contact you if this occurs.  However, in the event such an order is processed, PRP Beef reserves the right to collect funds for any uncollected transaction charges or fees owed to PRP Beef.  PRP Beef will automatically attempt to process checking account payments twice.  If the first request is declined, PRP Beef may charge a fee of Two Dollars ($2.00) per order to cover the cost of exception processing.  If the second request is declined, PRP Beef will charge a Twenty-Five Dollar ($25.00) bounce back check fee.  Additionally, in the event sufficient funds are not available in your checking account, PRP Beef will charge the full amount of the order to your Card identified in your Customer Account Information.
 
If you fail to pay any fees or charges when due, PRP Beef will charge such amount directly to the Card identified in your Customer Account and may suspend or terminate your access to PRP Beef Service.  You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that PRP Beef may incur in the efforts to collect any unpaid balance from you.  Your right to use the PRP Beef Service is subject to limits established by PRP Beef and/or your bank.  PRP Beef reserves the right to remove the online check payment option from any account for any reason at any time.
 
6.         Delivery.  Depending upon your location, your order will be shipped to you by local delivery service, or your order will be shipped to you by US mail, United Parcel Service, Federal Express, or other private carrier by using overnight or second (2nd) day shipping.  To maintain the integrity of the product after delivery, PRP Beef recommends that you immediately place all frozen items in a freezer. 
 
6.1       Delivery Requirements.  To receive delivery, you must live in a residential apartment or a home.
 
6.2       Delivery Invoices.  Included with your delivered product will be a packing slip.  Please immediately review the packing slip and all items that have been delivered to you.  If something is missing from your order, please contact PRP Beef.
 
7.         Access to PRP Beef Service.  To order product from this Site, you must create a Customer Account.
 
7.1       Account and Password.  Access to the PRP Beef Service is accomplished by creating an account through the use of a username and password that you choose upon registration.  You are solely responsible for any authorized or unauthorized access to your account by any person.  You agree to bear all responsibility for the confidentiality of your username, password and all use or charges incurred from use of the PRP Beef Service with your password and/or account.  You agree to notify PRP Beef promptly of any unauthorized use of your password and/or account, and you will remain liable for any use of the Site or PRP Beef Service until you notify PRP Beef.
 
7.2       Your Account.  You are responsible for, and agree to pay promptly, all charges to your account including applicable taxes, shipping fees, and purchases by you or anyone you allow to use your account to access the PRP Beef Service.  You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and authorized representative for your order.  You can update your information in the “Your Account” area of this Site or contact PRP Beef.  Please do not send Card or other payment information via e-mail.  You agree that you will not provide fraudulent information, you are solely responsible for any information you provide PRP Beef, and that you accept responsibility for all activities that occur under your account or password.  You will comply with all laws applicable to your activities on this Site and with this Agreement.
 
7.3       Corrections.  If you would like to update or correct information previously provided to PRP Beef, please send an e-mail with your new information to PRPB.LLC@gmail.com, or you can update your account information yourself by going to “Your Account” on this Site.  Please do not send credit card or other payment information via email.
 
7.4       Privacy Policy.  Please review our Privacy Policy, which also governs your visit to this Site, use of Site and Content in Section 2 of this Agreement, and User Submissions in Section 3 of this Agreement, to understand PRP Beef practices.
 
8.         User Comments, Feedback and Other Submissions.  PRP Beef may, but has no obligation to monitor, edit or remove content that PRP Beef determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violated any person’s property or the terms of this Agreement.  You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your comments will not contain libelous, unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the PRP Beef Service and this Site.  You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead PRP Beef or third parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  PRP Beef takes no responsibility and assumes no liability for any comments posted by you or any third party.
 
            PRP Beef’s policy is to not accept or review unsolicited ideas or suggestions from persons not connected to PRP Beef.  Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to PRP Beef through this Site or otherwise shall be the property of PRP Beef and may be treated by PRP Beef as non-confidential information.  PRP Beef shall have unrestricted rights to use and disclose such ideas, suggestions, know-how, or concepts for any purpose without compensation or obligation to any party.
 
9.         Optional Tools.  PRP Beef may provide you access to third-party tools over which PRP Beef neither monitors nor has any control nor input.  You acknowledge and agree that PRP Beef provides access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without any endorsement.  PRP Beef shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through this Site is entirely at your risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  PRP Beef may also, in the future, offer new services and/or features through this Site (including the release of new tools and resources).  Such new features and/or services shall also be subject to terms of this Agreement.
 
10.       Third Party Links.  Certain content, products and services available via the PRP Beef Service may include materials from third parties.  Third-party links on this Site may direct you to third-party websites that are not affiliated with PRP Beef.  PRP Beef is not responsible for examining or evaluating the content of, and PRP Beef does not warrant and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third parties.
 
            PRP Beef is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connections with any third-party websites.  Please carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
 
11.       Errors, Inaccuracies, and Omissions.  Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  PRP Beef reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
 
            PRP Beef undertakes no obligation to update, amend or clarify information on the Site, or any related websites, including, without limitation, pricing information, except as required by law.  No specified update or refresh date applied in this Site, or on any related websites, should be taken to indicate that all information on this Site, or any related websites, has been modified or updated.
 
12.       Prohibited Uses.  In addition to other prohibitions set forth in this Agreement, you are prohibited from using this Site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, state or local regulations, rules, laws, or ordinances; (iv) to infringe upon or violate PRP Beef’s intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will, or may be used in any way that will, affect the functionality or operation of PRP Beef Service, this Site, or any other related websites, or the internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; and/or (xi) to interfere with or circumvent the security features of the PRP Beef Service, this Site, other websites, or the internet.  PRP Beef reserves the right to terminate your use of the PRP Beef Service, this Site and any related websites for violating any of the prohibited uses.
 
13.       Warranty Disclaimer; Limitation of Liability; Indemnification.
 
13.1     Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE PRP BEEF SERVICE, THIS SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK.  THE PRP BEEF SERVICE, THIS SITE, AND THIS SITE’S CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PRP BEEF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRP BEEF SERVICE, THIS SITE, OR THIS SITE’S CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS APPROVED THROUGH OR IN CONNECTION WITH THE PRP BEEF SERVICE. PRP DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS.  PRP BEEF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THIS SITE OR THE PRP BEEF SERVICE.  PRP BEEF DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
 
13.2     Limitation of Liability.  NEITHER PRP BEEF, NOR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “PRP BEEF PARTIES”) SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE, THE PRP BEEF SERVICE, OR THE INTERNET. PRP BEEF’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE PRP BEEF SERVICE AND TO TERMINATE THIS AGREEMENT. PRP BEEF RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUALITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
 
13.3     Representations.  THE MATERIAL ON THIS SITE IS PROVIDED FOR LAWFUL PURPOSES ONLY. PRP BEEF OPERATES THIS SITE FOR USE IN SPECIFIC JURISDICTIONS WHERE IT PROVIDES ITS SERVICES, AND MAKES NO REPRESENTATION THAT THESE MATERIALS ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU USE THIS SITE FROM OTHER LOCATIONS, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE AND MAY VARY GEOGRAPHICALLY.
 
13.4     Indemnification.  You agree to defend, indemnify, and hold harmless PRP Beef from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements, and expenses, including attorneys’ fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from your use of the PRP Beef Site or Content, or violation of this Agreement by, or through use of, your account.
 
14.       Modification.  For further clarity: (i) PRP Beef may modify, suspend, discontinue and/or restrict the use of all or any portion of this Site including the availability of any data or other information contained on this Site at any time for any reason and without notice or liability; and (ii) PRP Beef reserves the right, with or without notice to you, to change any of the services offered on this Site, including, but not limited to, hours of operation, menu structures, access procedures, software commands, documentation, suppliers and/or other services.
 
15.       Governing Law and Jurisdiction.  This Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. The Conditions set forth in this Agreement are governed by the laws of the State of Washington, USA, except for conflict of laws provisions. In the event you desire to initiate any suit against PRP Beef arising out of or relating to this Site (including, without limitation, the Content of this Site) and/or this Agreement, you agree to bring such suit in the United States District Court for the Eastern District of Washington in Spokane, Spokane County, Washington, unless no federal subject matter jurisdiction exists, in which case, you agree to bring such suit in the Superior Court of Whitman County, Washington. You further agree that PRP Beef may initiate suit against you arising out of or relating to this Site (including, without limitation, the Content of this Site) and/or this Agreement in such courts and you hereby waive all rights you may have or which may hereafter arise to contest jurisdiction or venue in such courts.
 
16.       General Terms.  The following general terms apply to this Agreement.
 
16.1     Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. PRP Beef may suspend or terminate this Agreement or the PRP Beef Service or remove or disable access to any portion of the PRP Beef Service at any time for any reason with or without notice to you.  You may terminate this Agreement and your PRP Beef Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. PRP Beef reserves the right to collect fees and charges incurred before you cancel your PRP Beef Service. In addition, you are responsible for any charges to third-party vendors or content providers prior to your cancellation.
 
16.2     Notices.  PRP Beef may give notice to you of any change or any other communication related to this Agreement through a general posting on this Site, by electronic mail, or by conventional mail to your address contained in the “Your Account” section of this Site. You may give notice to PRP Beef by e-mail (as specified in the “Help” section of this Site).
 
16.3     Severability.  In the event that any portion or provision set forth in this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from those terms that are enforceable under this Agreement, and such determination shall not affect the validity and enforceability of any other remaining provisions.
 
16.4     Headings.  Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
 
16.5     Entire Agreement.  This Agreement, this Site, and the Privacy Policy referred to herein represents your entire agreement with PRP Beef regarding the PRP Beef Service and this Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, and PRP Beef. The failure of either party to insist upon strict performance of any provisions of this Agreement shall not be construed as a waiver of any provisions or right.
 
16.6     Amendment.  PRP Beef may Amend this Agreement at any time by posting the Amended terms on this Site. All amended terms shall automatically be effective for orders placed after posting and seven (7) days after they are initially posted on this Site for orders already placed. By using this Site after the effective date of any such amendment, you agree to be bound by any such revision and should therefore periodically visit this page to determine the then current Agreement to which you are bound.