TERMS OF USE 

Last Modified: April 26, 2020 

These Terms of Use (these “Terms” or this “Agreement”) govern your use of www.tolmansmeats.com and/or www.shop.tolmansmeats.com (collectively, the “Website”) and constitute a license for your use of the Website granted by MMM Meat, LLC, d/b/a Tolman’s Meats (“We,” “Our,” or “Us”). By accessing, viewing, or using the Website, you acknowledge that you have read, understand, and agree with these Terms. If you disagree with these Terms and the Privacy Policy at www.tolmansmeats.com/privacy-policy and/or do not wish to be bound by these Terms or the Privacy Policy, do not use the Website. If you are accepting these Terms of Use on behalf of a business, you represent and warrant that you have sufficient authority to bind the business, and that your acceptance of these Terms shall bind the company on whose behalf you are accepting these Terms.

General.  From time to time, we may change the terms that govern your use of the Website. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. Because we may change, move or delete portions of, or may add to, the Website from time to time, you agree to review the terms each time you use the Website to determine whether new terms have been incorporated. 

Your Use of the Website. We hereby grant you a limited, nonexclusive, nontransferable, revocable license to use the Website subject to the restrictions set forth in these Terms of Use. The Website is offered and available to users who are at least 18 years of age or order. By using the Website, you represent and warrant that you are of legal age to form a binding contract with MMM Meat, LLC and meet all of the eligibility requirements for doing so in the jurisdiction in which you reside. If you are under the age of 18 and/or are otherwise unable to enter into a binding contract, you must not access the Website.

Access and Account Security. We reserve the right to withdraw or amend this Website, and any service or material it provides on the Website, in its sole discretion, and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, or if, as a result of such unavailability, you claim to suffer any damages. From time to time, some parts of the Website, or the entire Website, may be restricted to some users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to access or otherwise use the Website, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy www.tolmansmeats.com/privacy-policy and you consent to all uses of your information consistent with the Privacy Policy.

 Intellectual Property Rights. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

  • You agree that you shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, distribution, or dissemination.

  • If the Website includes social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

  • Reverse engineer, decompile, disassemble, reproduce, or create any derivative works from any portion or subset of the Website or any content thereon.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in violation of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Our name and logo, and all related names, logos, product, and service names, designs, and slogans are trademarks of us, our affiliates, or our licensors. You must not use such marks without the prior written permission of us. All other names, logos, product and service names, and designs and slogans on the Website are the trademarks of their respective owners. 

Notices.  You agree that we may post notices on the Website OR may send electronic mail to you (until such time as you choose to unsubscribe from such electronic mail communications), and that such communications satisfy any legal requirement that such communications be in writing. This shall include any notices that may be required with respect to safety notices, food recalls, or any other notices required by the United States Department of Agriculture (USDA) or other governing body.

Product and Price Information.  We do not guaranty the availability of all products displayed on the Website.  The prices displayed on the Website are quoted in U.S. Dollars.

Pictures.  The pictures of any products that appear on the Website are for illustration purposes only and do not represent pictures of actual products. The actual products will vary from the pictures on the Website.

Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation.

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material inconsistent with the Website, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate any person or entity (including, without limitation, by using e-mail addresses or other personally identifying characteristics associated with such a person or entity.

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm us or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the functionality of the Website.

Monitoring and Enforcement; Termination. MMM Meat, LLC at all times shall have the right to: 

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use, or local, state, or federal law or regulation.

Without limiting the foregoing, MMM Meat, LLC has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS MMM MEAT, LLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY ADMINISTRATOR OF THE WEBSITE DURING OR AS A RESULT OF SUCH AN  INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MMM MEAT, LLC OR LAW ENFORCEMENT AUTHORITIES.

Links To Other Websites.  To the extent that this Website contains links to outside websites, services and resources, you understand, acknowledge and agree that we do not control the availability or content of such website, services or resources, and that you shall not seek to hold us responsible for any issues you experience with any such website, services and resources. Any concerns regarding any such website, service or resource, or any link thereto, should be directed to the particular outside website, service or resource.  

Use the Website at Your Own Risk. You agree that your access to and use of the Website and its service is at your own risk. We will have no responsibility for any harm that results from your access to or use of its site, any related site, its content, or its service.

Payment Information; Taxes. All payments made by you to us shall be facilitated through a third party payment processing service. Such third party’s terms of service can be found at https://squareup.com/legal/privacy. All information that you provide in connection with a monetary transaction interaction with the Website must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Minimum Order Size; Home Delivery Fee. Please see our FAQ page (https://shop.tolmansmeats.com/faq) for our current minimum order size and home delivery requirements and fees. We reserve the right to update the minimum order size and home delivery requirements and fees from time to time at our sole discretion.

Returns; Refunds; Customer Support. If there is a problem with your order, please contact customer support at orders@tolmansmeats.com or call us at (616) 669-6140.

Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability. IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification. You agree to defend us, indemnify us, and hold us harmless, as well as our affiliates, licensors, and service providers, and our and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website, or the violation of these Terms of Use by a third party to whom you granted your access to the Website. 

Third Party Access. If you grant an employee, agent, volunteer, contractor, or other Third Party access to your data, such Third Party shall be deemed to have read, understand, and agree with these Terms. Under no circumstances shall we be liable for any action taken by such a Third Party, including, but not limited to, data loss, data corruption, and any action on another website or via a different entity which the Third Party uses your data accessed on the Website.

Miscellaneous.

No waiver of any breach of any provision of these Terms will be deemed a waiver of any preceding or succeeding breach or of any other provision of these Terms. No extension of time for performance of any obligations or acts will be deemed an extension of the time for performance of any other obligations or acts. 

In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Terms, but these Terms shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.

These Terms are governed by the laws of the State of Michigan and any disputes arising out of these Terms shall be litigated in a court of competent jurisdiction sitting in Kent County, Michigan, which shall apply the laws of the State of Michigan without giving effect to any choice or conflict of law provision or rules. By using the Website and agreeing to these Terms, you irrevocably consent to the jurisdiction of any such Court and you irrevocably waive all claims that such a forum is not convenient.

Our service is controlled by facilities in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. If you access the Website from any location outside the United States of America, you do so at your own risk and you are solely responsible for your compliance with all local laws and regulations. 

These Terms of Use, together with the Privacy Policy, constitute the entire and exclusive agreement between us and you regarding the Website, and supersede and replace any prior agreements between us and you regarding the Website and its services.