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TERMS & CONDITIONS

 

These Terms and Conditions (the “Terms”) govern your use of https://www.meatandboard.com (the “Site”) and/or purchase of any products or services from Meat and Board (“Products”).  The terms “Meat and Board”, “MB”, “us”, “we” or “our” refer to Meat and Board LLC which operates this Site. The terms “you”, “your” or the “customer” refer to the users of the Site and any person purchasing Products from Meat and Board. Please read these Terms carefully before accessing and/or ordering any goods from the Site.

These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. You can view this provision by scrolling to the section titled “Arbitration” at the end of these Terms.

We reserve the right to amend these terms and conditions at any time without the need to notify our customers. Accessing, browsing, or using this Site in any way indicates that you agree to be bound by these Terms.

1.     TERMINATION

These Terms, or any constituent part of them, may be modified, amended or terminated by us without notice at any time and for any reason.

2.     YOUR ACCOUNT

In order to access and use certain areas of the Site, you may need to register for an 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 Site or your account.

By submitting your information, you also consent to receive electronic communications from Meat and Board (e.g., via email or by posting notices to the Site). 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.

Only one account may be set up per person. We can only discuss account queries (for example, but not limited to, order tracking, shipping update requests) with the billing addressee. We reserve the right to deactivate any account holder who sets up a duplicate account, and we reserve the right to refuse any orders placed by persons holding more than one account in their name. 

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and other devices, and you agree to accept responsibility for all activities that occur under your account or password.

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(s)) to charge your payment method for all charges you incur for the purchase of any Products (including any applicable taxes and other charges). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor(s) cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any order.

4.     PRODUCT DESCRIPTIONS AND VARIATIONS

We attempt to be as accurate as possible when posting content.

You understand that there might be some variation in flavor and appearance of Products offered on the Site.

5.     PRODUCT AVAILABILITY

Certain Products may not be available for purchase or delivery to certain locations. Meat and Board reserves the right to change quantities available at any time, even after you place an order. Furthermore, there may be occasions when we confirm your order, but subsequently learn that we cannot supply the Product to you. In the event we cannot supply a Product you ordered, we will cancel the applicable part of your order and refund the relevant part of the purchase price.

6.     PRICING

All prices shown on the Site are in U.S. dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Product offerings, and to adjust prices, as we may determine in our sole discretion, at any time and without notice.

We will collect applicable sales, use and/or excise tax on orders shipped to the states for which we determine we have a duty to collect such tax. If an item is subject to 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.

7.     OFFER CODES AND DISCOUNTS

Offer codes cannot be redeemed after an order has been placed, and only one offer code may be used per order. Offers and discounts may not be available for orders shipping to certain locations.

8.     RETURNS

We do not accept any returns once an order leaves our facility.

We take all measures possible to assure your order is received intact and in proper condition. However, in the event that you receive a defective or damaged Product, please contact us immediately after receiving your order. Do not throw anything out or discard any items as we may require the items to be sent back. To help us resolve any defective or damaged merchandise, please take a picture of the item and then email it to us at meatandboard@gmail.com. We cannot handle claims without a picture of the items. Certain order issues may be resolved with a replacement Product being issued, a store credit, a credit to your order, or any other means we feel is appropriate in our sole discretion.

9.     ORDER ACCEPTANCE

You agree that Meat and Board may, in its sole discretion, refuse or cancel any order and limit order quantity. Meat and Board may also require additional information prior to accepting or processing any order. Once we receive your order, we’ll provide you with an emailed order confirmation. Note, however, that your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Meat and Board reserves the right at any time after receiving your order to accept or decline your order for any reason or for no reason in our sole discretion. If we cancel an order after you have already been charged, we will refund the charged amount.

10.  MODIFYING OR CANCELLING AN ORDER

Once an order has been placed, no modifications can be made to it. In order make changes to an order, the order must be canceled by calling us at (732) 534-2880 and then resubmitting your order.

An order can be canceled up to 30 min after it was placed.

11.  SHIPPING

We do not currently ship outside the USA.

At this time we are unable to offer delivery to P.O. boxes, or APO/FPO addresses. Perishable food items can only be delivered within the continental United States, Alaska and Hawaii.

Please note that we are unable to guarantee shipments once they leave our facility.

a.    Shipping method

MONDAY -WEDNESDAY - All orders are shipped Priority Overnight.

We currently use FedEx for all shipments, whom we have found to be very reliable. However, we may, in our sole discretion, at any time and without notice, select a different carrier to deliver your order.

If you have any issues with the shipment, please do not hesitate to contact us at orders@meatandboard.com and we will try to do our best to resolve them.

b.    Shipping charges

Shipping charges are calculated by region.

Standard shipping and processing charges are based on the regular price of merchandise shipped to a named recipient at a single address and are intended to cover the costs incurred to process, prepare, and transport your order and to cover related customer service.

Please Note: Prices are subject to change without notice.

c.     Delivery

IF THE RECIPIENT IS NOT HOME AT THE TIME OF THE DELIVERY, THE ORDER WILL BE LEFT AT THE DOOR OR IN A COMMON AREA.

We are not responsible for items once they leave our facility, including, but not limited to, for Products which are not stored properly.

It is your sole responsibility to inspect all orders 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 upon receipt. If you have reason to believe that any Product in your delivery is not suitable for consumption, contact us at  meatandboard@gmail.com and we will try to do our best to resolve any issues.

d.    Incorrect shipping details

It is the responsibility of the customer to enter the correct delivery address details at the time of ordering. If you enter the incorrect or incomplete address and goods are delivered to the wrong address, we are under no obligation to issue a refund or send replacement goods. If you notice that you have provided the incorrect or incomplete details, please contact us as soon as you can.

e.     Delivery delay

Delivery times are subject to change, and any estimated delivery date provided is not a guarantee that your order will be delivered on or around that date.

Meat and Board shall not be responsible for delayed or lost shipments.

Adverse weather conditions, especially during the winter months, may result in a delay in shipping and/or delivery of your order.

Shipments may also be delayed during peak and holiday seasons.

f.      Risk of loss and items lost in transit

We are not responsible for items once they leave our facility. All items purchased from our Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

12.  YOUR INFORMATION

Information you submit to Meat and Board, including, but not limited to, personal information and order details, are subject to our Privacy Policy which can be viewed here.

By using the Site, you represent that you have read and consent to the terms of our Privacy Policy, by which you agree to be bound as a condition to using the Site. We may revise the Privacy Policy at any time, and the new version will be made available on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop your use of the Site.

13.  TRADEMARK AND COPYRIGHT

Meat and Board is a trademark of the operators of the Site. Unauthorized use of any Meat and Board trademark, service mark or logo is a violation of federal and state trademark laws. The Site and the content made available through the Site are protected by U.S. and international copyright laws. Except for your use of the content as expressly permitted by these Terms, you may not use, modify, reproduce or distribute any of the content, design or layout of the Site, or individual sections of the content, design or layout of the Site without our prior written permission, including, but not limited through the use of deep-linking and/or framing.

All content included on this Site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States and international copyright laws. No portion of the information on this Site may be copied or reproduced in any form, or by any means, without prior written permission from Meat and Board. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this Site or any Meat and Board publication for any public, private, or commercial purpose.

14.  DISCLAIMER OF WARRANTIES

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 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 (INCLUDING, BUT NOT LIMITED TO, WHEAT, EGG, SOY, FISH, PEANUTS AND TREE NUTS) 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 SITE, THE CONTENTS, AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND/OR PURCHASE OR USE OF PRODUCTS FROM THE SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, MEAT AND BOARD AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR SITE, CONTENT, AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MEAT AND BOARD AND ITS AFFILIATES 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 THE SITE; (D) THAT THE INFORMATION ON THE SITE, INCLUDING NUTRITIONAL AND PRICING INFORMATION, IS ACCURATE, COMPLETE OR CURRENT; OR (E) THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

In the event of an error in the site, 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 site 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 SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE 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 Site (or any features or functionality of the Site) and 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.

15.  LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEAT AND BOARD 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 SITE OR CONTENT OR ANY 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 MEAT AND BOARD, 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 MEAT AND BOARD’S 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 MEAT AND BOARD ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE SITE EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) ACCESS OR USE OF THE SITE 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 MEAT AND BOARD’S 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.

16.  INDEMNIFICATION

To the extent permitted by applicable law, you hereby agree to indemnify, hold harmless and defend Meat and Board and its members, officers, employees, agents and affiliates from any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by us or any of our members, officers, employees, agents and affiliates, arising out of or relating to your use of the Site and/or Products.

17.  SEVERABILITY

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

18.  ARBITRATION

Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Meat and Board. For any dispute with Meat and Board, you agree to first contact us via email and attempt to resolve the dispute with us informally. 

Arbitration. In the unlikely event that we have not been able to resolve a dispute it has with you after sixty (60) days, you and Meat and Board each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, the breach or alleged breach thereof, your use of the Site, or your purchase or use of purchased from Meat and Board (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein (including the exclusion of any claims brought by Meat and Board for injunctive or other equitable relief as provided in Section 18 below).

JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York, NY, unless you and Meat and Board agree otherwise. If you are an individual using products or services provided by Meat and Board, or the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction consistent with the requirements in Section 18 below. 

Class Action and Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained products or services provided by Meat and Board or used the Site for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless Meat and Board agrees otherwise, the arbitrator may not consolidate more than one person's claims. 

You agree that, by entering into this agreement, you and Meat and Board are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

19.  GOVERNING LAW AND VENUE

These Terms and Conditions will be governed by and interpreted under the laws of the State of New Jersey without regard to its principles of conflict of laws. Exclusive venue for any action to enforce an arbitral award rendered pursuant to these Terms and Conditions will be the state or federal courts of the State of New Jersey. You agree that the State of New Jersey is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in Section 18 is found to be unenforceable. You agree not to bring any such actions in any other venue and you expressly agree to waive all objections to these venues. Therefore, subject to the foregoing, any dispute relating in any way to your visit to the Site or to Products you purchase through the Site shall be subject to the exclusive jurisdiction of the federal and state courts in the State of New Jersey.

You expressly consent to be subject to the personal jurisdiction of the state and federal courts of New Jersey. You agree that: (i) the Site and products and services provided by Meat and Board shall be deemed solely based in New Jersey; and (ii) the Site and Meat and Board services shall be deemed passive ones that do not give rise to personal jurisdiction over Meat and Board, either specific or general, in jurisdictions other than New Jersey. 

The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding paragraphs with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.

We reserve the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. You agree to submit to the personal jurisdiction of the federal and state courts located in The State of New Jersey for any actions for any such relief.

20.  Contact details

Meat and Board LLC

For inquiries, you can reach us at -

Tel: (732) 534-2880

Email: meatandboard@gmail.com