Terms of service
I. Introduction
Welcome to Oakdale Meat Co., LLC d/b/a Martin Ranch Reserve (“Martin Ranch,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website (martinranchreserve.com) (the “Site”), including all related information, content, features, tools, products, and services offered through the Site (collectively, the “Services”). By accessing or using this Site or our Services, you acknowledge that you have read these Terms and agree to be bound by them. If you do not agree to any of these Terms, you must cease from further access to the Site or to our Services.
Martin Ranch reserves the right to modify these Terms at any time. Any changes will be effective upon posting revised Terms on the Site with the effective date of the revision(s). You hereby acknowledge and agree that it is your responsibility to review any revisions or changes to these Terms and to comply with them. Your continued use of the Site or Services after any change(s) or revision(s) constitutes an acceptance of such change(s) or revision(s).
II. Eligibility to Use Site and/or Services
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of legal residence.
You may not use our products, the Site, or the Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not knowingly or unwittingly transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your license to use this Site or our Services.
III. Accuracy, Completeness, and Timeliness of Information
Martin Ranch sells premium meats and related products, including perishable food items. All products are shipped frozen to maintain freshness and quality.
Product descriptions, images, and other content on the Site are provided for informational purposes. However, we do not warrant that product descriptions, photographs, descriptions, pricing, or other content is completely accurate or error free. If any product offered on this Site or provided by the Services is not as described, your sole remedy is to return it to us in accordance with our Return Policy.
IV. Pricing, Payment, and Orders
All prices displayed on the Site are in United States dollars and are subject to change without prior notice. Any applicable sales taxes will be calculated and added at checkout if required by law.
We accept those payment methods identified on the Site, at the time of checkout. By providing payment information to us, you represent and warrant that you are authorized to use the designated payment method. You authorize Martin Ranch and our payment processor to charge the full purchase amount, including any applicable taxes and shipping fees, using your designated payment method.
Your submission of an order constitutes an offer to purchase the products in your order. Martin Ranch reserves the right to accept or reject any order, in whole or in part, at our sole discretion, for any reason, including product unavailability, errors in product or pricing information, or suspected fraudulent activity. If we cancel or modify an order after your payment has been processed, we will issue a full or partial refund, as applicable.
An order confirmation email does not constitute acceptance of your order. Acceptance occurs only when the product is shipped.
V. Perishable Product Disclaimer
Martin Ranch sells perishable meat products. All products purchased through the Site leave Martin Ranch in a frozen condition and are packaged to preserve freshness. Upon delivery, it is your responsibility to examine the product, verify that it is safe to cook and consume, and to promptly refrigerate or freeze all products not immediately cooked and consumed to preserve quality and safety.
WARNING: DO NOT CONSUME ANY PRODUCT THAT ARRIVES WARM, DAMAGED, SHOWS SIGNS OF THAWING, OR IS OTHERWISE IN QUESTIONABLE CONDITION. CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, OR SEAFOOD MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS. ALWAYS COOK MEAT PRODUCTS PURCHASED TO THE INTERNAL TEMPERATURE RECOMMENDED BY THE UNITED STATES FOOD & DRUG ADMINISTRATION AND THE FOOD SAFETY AND INSPECTION SERVICE.
VI. Prohibited Use of Site
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code or software that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape any data; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. Martin Ranch reserves the right to terminate your use of the Site or the Services website for violating any of these prohibited uses.
VII. Feedback, Comments, and Reviews
If you submit reviews, comments, feedback, or other content to the Site ("User Content"), you grant Martin Ranch a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, display, and perform such User Content in connection with the Site and Services.
You represent and warrant that your User Content does not infringe upon the rights of any third party, is not defamatory, obscene, or otherwise unlawful, and does not contain any viruses or other harmful code or software.
Martin Ranch reserves the right, but has no obligation, to monitor, edit, or remove any User Content at our sole discretion.
VIII. Third-Party Links
The Site may contain links to third-party websites or applications that are not owned or controlled by us. Martin Ranch is not responsible for the content, privacy policies, or practices of any third-party websites or application. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods, or services made available on or through any third-party websites or applications.
IX. Disclaimer of Warranties
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER MARTIN RANCH NOR ITS AFFILIATES, SUBSIDIARIES OR DESIGNEES, NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, PREDECESSORS IN INTEREST, SUCCESSORS, ASSIGNS, OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER MARTIN RANCH, NOR ITS ASSOCIATES, WARRANTS THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. FURTHER, MARTIN RANCH MAKES NO REPRESENTATION THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR, USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. MARTIN RANCH AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MARTIN RANCH OR BY ANY OF ITS ASSOCIATES SHALL CREATE A GUARANTY OR WARRANTY OF ANY KIND.
X. Limitation of Liability
IN NO EVENT SHALL MARTIN RANCH, ITS SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE RESPONSIBLE OR LIABLE WITH FOR YOUR USE OF THIS SITE, THE SERVICES, ANY PRODUCTS PURCHASED THROUGH THE SITE, OR ANY CONTENT ON THE SITE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LEGAL THEORY.
IN NO EVENT SHALL MARTIN RANCH’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, THE SERVICES, ANY PRODUCTS PURCHASED THROUGH THE SITE, OR ANY CONTENT ON THE SITE EXCEED THE AMOUNT PAID BY YOU TO MARTIN RANCH FOR THE SPECIFIED PRODUCT(S) GIVING RISE TO ANY CLAIM AGAINST MARTIN RANCH, WHICH BY USING THE SITE OR THE SERVICES, YOU AGREE IS A REASONABLE AND FORESEEABLE ESTIMATION OF THE AMOUNT AND EXTENT OF ANY DAMAGES YOU MAY SUFFER.
WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT MARTIN RANCH SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, INJURY, OR DEATH RESULTING FROM THE CONSUMPTION OF RAW, UNDERCOOKED, OR SPOILED PRODUCTS, OR FROM THE FAILURE TO PROPERLY HANDLE, STORE, OR PREPARE PRODUCTS AFTER SHIPPING.
XI. Indemnification
You agree to indemnify, defend, and hold Martin Ranch, and all of its shareholders, members, officers, directors, employees, agents, suppliers, or licensors harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or in connection with: (a) your use of the Site or Services; (b) your violation of these Terms or any other policy of Martin Ranch; (c) your violation of any applicable law or regulation; (d) your User Content; or (e) the consumption, handling, storage, or preparation of any products purchased through the Site.
XII. Dispute Resolution; Arbitration
Martin Ranch seeks to resolve any potential dispute related to these Terms, the Site, any Services, or any products purchased from Martin Ranch without formal litigation. As such, you agree that any claim, dispute, or controversy arising out of the use thereof shall be resolved by sending a written description of your claim, dispute, or controversy to Martin Ranch at 7532 S Henry Rd, Farmington, CA, 95230, ATTN: LEGAL DEPARTMENT. You agree to allow Martin Ranch a reasonable opportunity to resolve your dispute. Your written notice must describe the problem in reasonable detail and identify or enclose all relevant documents and information. You and Martin Ranch agree to negotiate in good faith with each other to try to resolve your claim. If you and Martin Ranch do not reach a resolution of your dispute within thirty (30) days after Martin Ranch receives your written notice of claim, you may pursue your claim in arbitration or, solely to the extent specifically provided below, in court.
In light of the foregoing, you and Martin Ranch agree to arbitrate all disputes between you and Martin Ranch. Such arbitration shall be administered by a single arbitrator with Judicial Arbitration and Mediation Services (JAMS) selected in accordance with its Arbitration Rules & Procedures applicable at the time of arbitration, except to the extent that they may be modified by these Terms. The arbitration shall be conducted in San Joaquin County, California, or at another mutually agreed upon location. The arbitrator’s decision shall be final, conclusive, and binding upon you and Martin Ranch. Judgment upon any award by the arbitrator may be entered by any court of competent jurisdiction. The fees and costs charged by JAMS should be paid equally by you and us.
You and Martin Ranch agree that any dispute resolution will be conducted only on an individual basis, and not in a class action or representative action and by using the Site or Services, you hereby waive any right to bring such action on a class or representative basis.
XIII. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. To the extent any legal action is not subject to arbitration as outlined above, such action shall be brought exclusively in the federal or state court with competent jurisdiction located in or closest to San Joaquin County, California.
XIV. Entire Agreement
Except as otherwise expressly contained herein, Martin Ranch has made no promises or representations to you concerning any matters addressed herein. Any other written or oral agreements or understandings previously arising or existing between you and Martin Ranch with respect to your use of the Site, any Services, or any products purchased from Martin Ranch are hereby superseded in their entirety by these Terms.
XV. Attorney Fees
In any arbitration, action, or proceeding arising out of or in connection with your use of the Site, any Services, or any products purchased from Martin Ranch, the prevailing party in such arbitration, action, or proceeding shall be entitled to recover as against the non-prevailing party reasonable attorney fees, costs, and expenses.
XVI. Prohibition on Resale
You hereby acknowledge and agree that you are not permitted to resell or otherwise use for commercial or retail purposes any products purchased from Martin Ranch without the prior written consent of Martin Ranch.
XVII. Force Majeure
Martin Ranch shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure to perform is the result of events beyond the reasonable control of Martin Ranch, including but not limited to: acts of God, natural disaster, war, famine, pandemic, government action, power failure, equipment failure, internet failure, carrier delay, or strike.
XVIII. Severability; Waiver
If any provision of these Terms is found to be unenforceable or invalid by any court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the balance of these Terms will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement.
XIX. Injunctive Relief
You acknowledge that any breach of these Terms or the unauthorized use of Martin Ranch’s intellectual property will result in serious and irreparable injury to Martin Ranch for which damages may not adequately compensate Martin Ranch. You agree, therefore, that, in addition to any other remedy that Martin Ranch may have, Martin Ranch shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@martinranchreserve.com.
Our contact information is posted below:
info@martinranchreserve.com