Website Terms & Conditions
Acceptance of Terms
Welcome to Tenderbelly.com, a provider of premium natural foods to gourmet chefs, retailers, and restaurants. By using or viewing this website (collectively, including all content and functionality available through the Tenderbelly.com domain name, the “Website”), you signify your agreement to these terms and conditions (the "Terms of Service"). If you do not agree to any of these terms, please do not use the Website.
In these Terms of Service, “Tender Belly” or “we” refers to Tenderbelly LLC, a Colorado limited liability company, and “you” or “user” refers to you, the user of this Website. Tender Belly may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Website. On our Website you may, among other things, learn about our products, purchase Tender Belly gourmet meats, and leave comments on our blog.
The Website may contain links to third party websites that are not owned or controlled by Tender Belly. Tender Belly has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Tender Belly will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Tender Belly from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the Tender Belly Website and to read the terms and conditions of each other website that you visit.
In order to purchase Tender Belly products, you may need to create a user account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
Certain parts of our Website are only accessible to restaurants and chefs with preapproved accounts (“Restaurant & Chef Accounts”). If you are a restaurant or chef and want to create a Restaurant & Chef Account, please contact us at firstname.lastname@example.org.
Whether you create a standard account or a Restaurant & Chef Account, you must notify Tender Belly immediately of any breach of security or unauthorized use of your account. Although Tender Belly will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tender Belly or others due to such unauthorized use.
Agreement to Pay For Purchases
You agree to pay for all purchases you make through the Website, and that Tender Belly, or it payment processor, may charge your credit card as provided by you. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES, TAXES, AND CHARGES AND FOR PROVIDING TENDER BELLY WITH VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES, TAXES, AND CHARGES MADE THROUGH YOUR ACCOUNT. All fees and charges will be billed to the credit card that you provide.
Tender Belly allows certain accounts to set up automatic repeat orders. If you want to designate a different credit card, or if there is a change in your credit card status, you must change the credit card information associated with your account. There may be a temporary disruption to automatic purchases until Tender Belly can verify the validity of the new credit card.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS FOR PRODUCT PURCHASES CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES.
All pork, or other perishable, products are sent via UPS or FedEx ground unless otherwise prearranged. Orders are sent Monday through Thursday. We do not send orders for transit over the weekend unless otherwise prearranged. All shirt and hat orders are sent UPS or FedEx ground unless otherwise prearranged.
Perishable products are packaged to maintain safe temperatures for the estimated delivery time. IMMEDIATELY UNPACK AND PROPERLY STORE PERISHABLE PRODUCTS UPON DELIVERY OR YOU RISK SPOILAGE OF THE PRODUCT.
We take pride in our products and want to be aware of any defects in quality. In order to provide the highest level of quality assurance, all returns need to be pre-approved and assigned an RMA# by Tender Belly. Please include this RMA# with your return. Return shipping must be paid by the customer unless otherwise arranged. Please contact us at email@example.com if you need to request a return or refund.
Tender Belly will terminate a user's access to the Website if, under appropriate circumstances, they are determined to be a repeat infringer or otherwise a nuisance to the Website. Tender Belly reserves the sole and exclusive right to decide whether a comment or any other user submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to the obscene, defamatory, or just plain obnoxious material. Tender Belly may remove such comments or other user submissions and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Tender Belly with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA claims may be sent to the following address:
ATTN: Copyright Compliance
5140 Race Ct Unit 4
Denver, CO 80216
Or, please email us at firstname.lastname@example.org
Note: You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND ANY PRODUCTS ORDERED FROM THE WEBSITE SHALL BE AT YOUR SOLE RISK. TENDER BELLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF TO THE FULLEST EXTENT ALLOWABLE BY LAW. YOU AGREE AND ACKNOWLEDGE THAT YOU MAY PURCHASE RAW MEAT AND PERISHABLE FOOD PRODUCTS THROUGH THIS WEBSITE AND THAT IT IS YOUR SOLE RESPONSIBILITY TO PROPERLY PREPARE THE SAME TO AVOID POSSIBLE FOODBORNE ILLNESSES. TENDER BELLY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. TENDER BELLY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TENDER BELLY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL TENDER BELLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) RAW, UNDERCOOKED, OR IMPROPERLY HANDLED OR PREPARED FOOD PRODUCT SOLD BY TENDER BELLY; (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR PRODUCTS; (IV) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (V) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (VI) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VII) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE TENDER BELLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TENDER BELLY SHALL NOT BE LIABLE FOR USER COMMENTS OR OTHER SUBMISSIONS CONTAINING IMPROPER FOOD PREPARATION ADVICE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Tender Belly, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of, resale, preparation, and/or serving of Tender Belly products; (ii) you use this Website; (iii) your violation of any term of these Terms of Service; (iv) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (v) any claim that one of your comments or other user submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Tender Belly without restriction.
You agree that: (i) the Website shall be deemed solely based in Colorado; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over, either specific or general, in jurisdictions other than Colorado. These Terms of Service shall be governed by the substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and Tender Belly that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Denver County, Colorado. These Terms of Service, together with any other legal notices published by Tender Belly on the Website, shall constitute the entire agreement between you and Tender Belly concerning the Website and any product purchased through the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Tender Belly’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Tender Belly reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.