Last Updated: October, 2014
1.1 Acceptance. Please read this Agreement carefully before accessing the Website. In order to use the Website and before you purchase any of our products and/or services, you must first agree to be bound by the terms and conditions set forth in this Agreement. By accessing the Website or otherwise by purchasing any of our products and/or services, Visitors indicate that they have read, understood and agree to be bound by the terms and conditions set forth in this Agreement. Registrants indicate that they have read, understood and agree to be bound by the terms and conditions set forth in this Agreement by one of the methods set forth above. If you do not agree to be bound by this Agreement, you are not authorized to use the Website. Furthermore, you are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with Applestone, or (b) you are a person barred from using the Website either (i) under the laws of the country in which you reside or from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement.
1.2 Modification. We reserve the right to modify this Agreement at any time. You shall periodically review this Agreement to be aware of such modifications. You further agree that your continued use of the Website after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of this Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning or end of this Agreement. We will be happy to provide you with prior versions of this Agreement upon your written request to us. If you do not agree to abide by the initial version and any modified version of this Agreement, then you are not authorized to use the Website. A current version of this Agreement is accessible via the footer of the Website’s homepage.
2.1 Profile; Password. You will only be able to use certain functionality of the Website if you register with us. If you decide to register with us, you will receive or create a user ID and password (“Profile”) to access your Registrant account (“Account”). You shall not to allow any third party to use your Profile or Account to access the Website and you shall strictly safeguard all information that would enable any individual or entity to access the Website by using your Profile. You are fully responsible for your failure to safeguard information and/or to permit any other person to access or use the Website using your Profile and/or Account, and for all activities that occur under your Profile and/or Account. You may not sell or otherwise transfer your Profile and/or Account or any portion thereof. You shall notify Applestone immediately of any unauthorized use of your Profile and/or Account or otherwise of the Website. Applestone shall not be liable for any loss that results from the unauthorized use of your Profile and/or Account, either with or without your knowledge.
2.2 Accurate Information. You shall provide us with accurate, complete and current information about yourself during registration and at all other times, and you shall update all information provided to us or requested by us if and as soon as such information changes before you make any purchase of our products and/or services.
2.3 Disabling or Revocation of Account. We have the right to cancel or suspend your registration and/or any order of yours for any reason (without having to specify the reason) or for no reason at any time, as determined in our sole discretion, including without limitation if we believe you have violated this Agreement. If we cancel or otherwise disable access to your Account, you may be prevented from accessing the Website, including without limitation all text, comments, icons, images, messages, tags, links, photographs, audio, video and other like content appearing on the Website (collectively, “Content”) and further including all Content posted by you (“Your Content”), all of which may be deleted by us. Such disabling or cancelling of your Account will mean that you may lose access to all of Your Content.
2.4 Cessation of Services. The form and nature of the products and/or services offered through the Website or otherwise may change from time to time without prior notice to you. As part of our continuing innovation, Applestone may stop (permanently or temporarily) providing certain Website features to you in our sole discretion, without prior notice to you.
3.1 Purchases. Various of our products and/or services (including without limitation preparation and delivery of product orders) are offered for sale through the Website or otherwise to you (including without limitation by means of a telephone order made by you). In the event you wish to purchase any of these products and/or services, you will be asked by Applestone or an authorized third party on Applestone’s behalf to supply certain information to us, including without limitation, your full name, address and credit card information. You shall provide us or such third party with accurate, complete and current information (including without limitation your email address and credit card numbers and expiration dates) before you make any purchase of our products and/or services, so that we can complete your transactions and contact you as needed. You shall also comply with the terms and conditions of any ancillary agreement that you may enter into which governs your purchase of any of our products and/or services. Among other things, your authorization for us to charge your credit card indicates your express agreement to make a purchase with us.
With regarding to your orders placed through the Website, we use a third-party payment processor (the “Payment Processor”) to bill you through your Account . The processing of all such payments will be further subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By making a purchase through the Website, you agree to pay us, through the Payment Processor, all charges at the prices then in effect and you authorize us, through the Payment Processor, to charge you according to your chosen payment provider (your “Payment Method”). You agree to make payments to us via the Payment Processor using that selected Payment Method. We reserve the right (but do not have the obligation)We do not have the obligation to correct any errors or mistakes made by the Payment processor Processor even if it has already requested or received payment from you.
Recurring and delayed billing
Some of your purchases, such as the purchase of monthly packages, subscriptions, or other productsrecurring purchases, may consist of an initial period, for which there is a one-time charge,include initial charges followed by recurring period charges as agreed to by you. By choosing a recurring payment planchoosing such recurring purchases, you acknowledge that such payments have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. In the case of recurring purchases, all credit card information is stored with a third-party payment processor, as described in “Billing”, above. We do not hold, store, or keep your credit card information on our premises or on any servers, remote locations, or infrastructure controlled by usAll recurring payments are fully earned upon payment.
Additionally, some customized purchases, such as the purchase of custom-cut meats, may require you to agree to an estimated cost during the purchase process. When you agree to an estimated cost, you agree to pay at least that cost at a minimum. When you agree to an estimated cost, your credit card or other payment information will be held by the Payment Processor until your payment is processed. Subsequent to your agreement to an estimated cost, we may charge your credit card a different amount than the estimated cost.
3.2 Phone Purchases. You may also purchase our products and/or services by telephone by means of a conversation with a member of our sales team. If you elect to make a purchase by telephone with a member of our sales team, then by providing your credit card to us for an authorization and/or deposit in connection with your purchase and agreeing to receive this Agreement by email, you agree to be bound by the terms and conditions of this Agreement.
3.3 Reservation of Rights; Modifications. Certain products and/or services may be available exclusively online through the Website. Our products and/or services may have limited quantities and are subject to returns or exchanges only according to the provisions of our Return Policy (further described in Section 3.8 below). We do not warrant or represent that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors appearing through the Website will be corrected. We reserve the right, but are not obligated, to limit the sales of our products and/or services to any person (including without limitation the quantity of any specific product and/or service), geographic region or jurisdiction, or otherwise, and we may exercise this right on a case-by-case basis. All descriptions of products and/or services including without limitation their pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product and/or service at any time without prior notice to you. The offer of any product and/or service made through the Website is void where prohibited. We reserve the right to limit or prohibit orders of our products and/ or services that, in our sole judgment, appear to be placed by Registrants who are dealers, resellers or distributors but who have not so identified themselves.
3.4 Payments. Your right to any product and/or service that is available for purchase through the Website or otherwise by us is conditional on our receipt of the appropriate full payment and related costs for such product and/or service. If such payment and costs cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to cancel your order and/or suspend or terminate your Account. Again, you are fully responsible for all charges made under your Account.
3.5 Taxes. You are responsible for paying all applicable taxes arising out of any purchase of products and/or services made by you through your Account or otherwise.
3.6 Deliveries. We offer delivery services in accordance with our shipping terms and conditions. Please review these terms and conditions, including our shipping rates, at http://www.applestonemeat.com/FAQ. You are responsible for paying all such applicable rates which are applicable to each of your orders.
3.7 Descriptions. We attempt to be accurate in describing products and/or services (including without limitation pricing) offered for purchase by us; however, we do not warrant or represent that all such descriptions are complete, current or error-free. Specifically, we have endeavored to accurately display the images of our products, but we cannot guarantee that these images will accurately appear on the monitor viewed by you. If you purchase one of our products and/or services and such product and/or service was not accurately described or depicted on the Website or otherwise by us, your sole remedy shall be to return or exchange such purchase according to our Return Policy (further described in Section 3.8 below). We change our product and/or service descriptions and pricing from time to time, so you must verify these details before ordering from us. We also cannot guarantee the availability of any product and/or service.
Due to our frequently-changing inventory, limited availability of certain products, and limited shelf life of certain products, we must discuss returns and exchanges on a case-by-case basis.
If you are not satisfied with an order, please contact us [link] to discuss refunds or exchanges.
4.1 Conditions. You shall adhere to following conditions for use of the Website: (a) Applestone has no obligation to use or respond to any Your Content; (b) the provision of Your Content by you in no way imposes any obligation on Applestone, whether of confidentiality, attribution, or otherwise, and Applestone shall not be liable for any disclosure or other use of any Your Content; (c) all Your Content shall be accurate and shall not violate the copyright, trademark, patent, trade secret, right of publicity, right to privacy, or any other intellectual property or other legal right of any third party; (d) you shall pay for all royalties, fees and any other monies owing any person by reason of any Your Content that you post to the Website, (e) Your Content may be subject to size and usage limitations, and you are responsible for adhering to such limitations, and (f) all Your Content shall comply with the provisions of Section 4.4 hereof specifically and all other applicable sections of this Agreement.
4.2 Quality and Review of Your Content. We do not and shall not have any obligation to review Your Content, and therefore we do not guarantee the accuracy, integrity or quality of any of Your Content or the Content of any other person, and thus we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Content will not appear on the Website. Notwithstanding the foregoing or anything to the contrary herein, Applestone (a) has the absolute right (but not the obligation) to pre-screen, monitor, review, flag, and filter any and all of Your Content in our sole discretion, and we reserve the right to alter, edit, refuse to post or remove any of Your Content, in whole or in part, for any reason or for no reason as determined by us in our sole discretion, and (b) has the right to disclose Your Content and the circumstances surrounding its transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request or to protect ourselves, Registrants, Visitors or service providers, as determined by us in our sole discretion.
4.3 Grant of License to Your Content. By posting Your Content to the Website, you automatically grant, and represent and warrant that you have the right to grant to Applestone, a non-exclusive, perpetual, irrevocable, sub-licensable (through multiple tiers), assignable, fully-paid, royalty-free, and worldwide license to use, copy, modify, adapt, publish, make, sell, publicly display, create derivative works of or incorporate into other works such of Your Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such of Your Content (in whole or in part) and/or to create derivative works of or incorporate such of Your Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sub-licensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such of Your Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. We shall not be limited in any way in the use, commercial or otherwise, of any such of Your Content, and you hereby waive any moral rights in, or approval rights to, such of Your Content. Further, we reserve the express right to incorporate any of Your Content into any further work, in any medium now or hereafter known, without prior consent or review, and without attribution or payment of any royalty or fee whatsoever.
4.4 Usage Restrictions. You shall not (and you shall not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, translate, adapt or decompile (or attempt to translate, adapt or decompile) or otherwise attempt to extract any software underlying any portion of the Website. You further shall not use the Website in any manner that:
(a) interferes with operations or services provided by the Website or otherwise disrupts the Website in any way;
(b) copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Website or any portion thereof;
(c) interrupts, destroys or limit the functionality of, any computer software or hardware or telecommunications equipment (including without limitation by means of software viruses, Trojan horses or any other computer code, files or programs);
(d) infringes any copyright, trademark, trade secret, patent or other right of any party (including the promoting of an illegal or unauthorized copy of another person’s copyrighted work), or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
(e) is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable, as determined by us in our sole discretion;
(f) creates a false identity or otherwise attempts to mislead any person as to the identity or origin of any communication;
(g) exports, re-exports, or permits downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions;
(h) causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
(i) consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(j) links to materials or other content, directly or indirectly, to which you do not have a right to link or which we determine in our sole discretion is not appropriate to be linked to from the Website; or
(k) violates, or encourages others to violate this Agreement (or engages in any other activity deemed by us to be in conflict with the letter or intent of this Agreement), or violates or encourages others to violate any applicable local, state, national, or international law.
4.5 Reporting Violations. You shall immediately notify us in writing of any of Your Content or any other Content that you view through the Website and which you deem to be offensive, inappropriate or otherwise a violation of this Agreement.
5.1 Proprietary Rights. Content provided by Applestone or third party licensors of us is protected by copyright, trademark and other laws of the United States and/or other jurisdictions. Other than for Your Content and third party Trademarks (as hereinafter defined) appearing on the Website, you acknowledge and agree that as between you and us, all right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to Website (including without limitation all other Content appearing therein) is owned by us, and that you have no rights in and to the Website other than as expressly set forth in this Agreement. Except for that information which is in the public domain and is not otherwise limited by third party rights or for which you have been given express written permission by us, no Content (other than for Your Content) may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without our prior written consent or, where applicable, that of our licensors. However, you may print copies of materials on the Website for your personal, noncommercial use only, provided that you must keep intact all copyright, Trademark, and other proprietary notices appearing therein and that you use such materials in the manner permitted by this Agreement, but not in any manner which competes with us. Your Content posted to the Website is deemed to be your property and your sole responsibility. Please note that Content posted by other Registrants may be protected by copyright, trademark patent and other rights under the laws of the United States and/or other jurisdictions, and no rights in such Content whatsoever are granted to you other than those expressly granted herein or by the owner of such Content.
5.2 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:
We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there can be penalties for false claims under the DMCA. We will, in appropriate circumstances and to the extent plausible, terminate the right of Registrants who infringe the rights of copyright holders to interact with certain portions of the Website.
5.3 Trademarks. “APPLESTONE” is a Trademark of Applestone. All other Trademarks mentioned on the Website are the property of their respective owners. Applestone is not affiliated with, or sponsored or endorsed by any third party trademark owner whose Trademark appears on the Website and whose owner is not indicated to be Applestone. As used herein, the term “Trademarks” means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, and trade dress appearing on the Website which indicate a source of goods or services. Trademarks are protected by the trademark laws of the United States and/or other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without limitation the distribution of Content for advertising or publicity or otherwise, without our prior written consent or the consent of such third party Trademark holder, as applicable. Unless you have been expressly authorized to do so in writing by Applestone or any other applicable Trademark holder, you shall not use any Trademark of any individual or entity in a way that is likely or intended to cause confusion with such Trademark holder.
5.4 Removal of Notices. You shall not remove, obscure, or alter any proprietary rights or notices (including without limitation copyright and Trademark notices) which may be affixed to or contained within any Content. You shall abide by all such notices.