PRIVACY POLICY  

Created 5/7/21

This Privacy Policy describes how information about you is collected, used and shared by Marfa Meats, LLC, when you access or use the websites linked to this Privacy Policy, or blogs provided by us (collectively, the “Sites”) or otherwise interact with us. By using or accessing the Sites in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent to our collection, use, and sharing of your information in the following ways. If you do not consent, you may not use the Sites.

We reserve the right to change or modify this Privacy Policy at any time and at our sole discretion. If we make material changes to this Privacy Policy, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of this Privacy Policy. We encourage you to review this Privacy Policy whenever you use or access the Sites or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy. If you use the Sites after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Remember, your use of the Sites is at all times subject to the Terms of Use, which incorporates this privacy policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

1. WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers our treatment of personally identifiable information (“ PII”) that we gather when you are accessing or using our Sites. We gather various types of PII from our users, as explained in more detail below, and we use this PII internally in connection with our Sites, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you and to fulfill your requests for certain products and services, and to analyze how you use the Sites. In certain cases, we may also share some PII with third parties, but only as described below.

1.1 CHILDREN’S PRIVACY PROTECTION

Our Sites are not intended for minors under the age of sixteen years and do not knowingly collect their information without the permission of a parent or guardian. If you believe that a child has submitted PII on or through one of our Sites without the consent and supervision of a parent or guardian, please contact us at 432-272-8222 or info@marfameats.com, so that we can take appropriate action.

1.2 CALIFORNIA RESIDENTS

If you are a resident of California, please see additional privacy disclosures at https://oag.ca.gov/privacy/ccpa.

 

2. COLLECTION OF INFORMATION

2.1 INFORMATION YOU PROVIDE TO US

We receive and store information you manually provide directly to us. For example, we collect information when you register for an account, sign up for a subscription, participate in any interactive features of the Sites, subscribe to an email list, participate in a survey, contest, promotion or event, order or purchase (either for yourself or for another person) meal ingredients or other products made available through the Sites (collectively, the “Products”), apply for a job, communicate with us via third party social media sites, request customer support or otherwise communicate with us. Certain information may be required to register with us or to take advantage of some of our features. The types of information we may collect from you include (but are not necessarily limited to):

1. Account information, such as your name, email address, password, postal address, phone number, subscription, delivery and dietary preferences and any other information you choose to provide;
2. Transaction information, such as information about the Products you purchase, shipping and delivery information and information related to returns, refunds and cancellations. We may also collect and store limited payment information from you, such as payment card type and expiration date and the last four digits of your payment card number; however, we do not collect or store full payment card numbers and all transactions are processed by our third party payment processor;
3. Information about others, such as the names and email addresses of gift recipients when you purchase gifts through the Sites or invite friends or family to try the Sites or Products.
4. Other information you choose to provide, such as when you participate in a survey, contest, promotion or interactive area of the Sites or when you request customer support.

2.2 INFORMATION WE COLLECT AUTOMATICALLY

When you access or use the Sites, the types of information we may automatically collect about you include:

1. Log Information: When you visit the Sites, our servers automatically record certain log file information, such as your Internet Protocol (“IP”) address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the Sites;
2. Mobile Device Information: We collect information about the mobile device you use to access or use the Sites, including the hardware model, operating system and version, unique device identifiers, and mobile network information; and
3. Information Collected by Cookies and Other Tracking Technologies: We and our service providers use various tracking technologies, including cookies and web beacons, to collect information about you when you interact with our Sites, including information about your browsing and purchasing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve the Sites and your experience, see which areas and features of the Sites are popular, and count visits. Web beacons are electronic images that may be used in the Sites or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.

2.3 INFORMATION WE COLLECT FROM OTHER SOURCES

We may also obtain information about you from other sources and combine that with information we collect through the Sites. For example, we may collect information about you when you post content to our pages or feeds on third party social media sites.

 3. USE OF INFORMATION

We may use information about you for various purposes, including to:

1. Provide, maintain and improve the Sites and Products;
2. Manage your account and send you related information, including confirmations, updates, security alerts and support and administrative messages;
3. Respond to your comments, questions and requests and provide customer service;
4. Communicate with you about the Sites, Products, recipes, services, offers, surveys, events and other news and information we think may be of interest to you;
5. Monitor and analyze trends, usage and activities in connection with the Sites;
6. Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Marfa Meats and others;
7. Personalize and improve the Sites and provide advertisements, content and features that match your profile or interests;
8. Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
9. Link or combine with information we get from others to help understand your needs and provide you with a better experience; and
10. Carry out any other purpose for which the information was collected.

Marfa Meats is based in the United States, and the information we collect is governed by U.S. law. By accessing or using the Sites or otherwise providing information to us, you consent to the processing and transfer of information in and to the US.

4. SHARING OF INFORMATION

We may share information about you as follows or as otherwise described in this Privacy Policy:

1. With vendors, consultants and other service providers who need access to such information to carry out work or perform services on our behalf;
2. We may occasionally share your information with selected third parties (other than our vendors) for their own marketing purposes. Before doing so, however, we may offer you the opportunity to “opt out” or “opt in” as required by applicable law.
3. When you interact with us on third party social media sites, certain information that you provide may be displayed publicly, such as your name, photos and other information you choose to provide;
4. In response to a request for information if we reasonably believe disclosure is in accordance with, or required by, any applicable law, rule, regulation or legal process;
5. If we believe your actions are inconsistent with our Terms of Use or other policies, or to protect the rights, property or safety of Marfa Meats or others;
6. Your information may be transferred to a successor organization if, for example, we transfer the ownership or operation of the Sites to another organization, if we merge with or are acquired by another organization, or if we liquidate our assets; your information may also be transferred to a third party in connection with negotiations related to a merger, acquisition, or liquidation.
7. Between and among Marfa Meats and any current or future parent, subsidiary and/or affiliated company; and
8. With your consent or at your direction.
9. We also may share aggregated, anonymized, or de-identified information, which cannot reasonably be used to identify you.

 

5. SOCIAL SHARING FEATURES

       

The Sites may offer social sharing features and other integrated tools, such as the Facebook, Twitter, Instagram and Pinterest buttons (e.g., “Like,” “Tweet” and “Pin It”), which let you share actions you take on the Sites with other media. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

 

6. ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHER INTEREST-BASED ADS

In addition to the cookies we deliver to your computer or mobile device through our Sites, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Sites. Other third parties may deliver cookies to your computer for the purpose of tracking your online behaviors across nonaffiliated websites and delivering targeted advertisements either on our Sites or on other websites.

You have choices about the collection of information by third parties on our Sites. For example, if you don’t want information about your visit to our Sites sent to Google Analytics, you may follow the link in the section labeled “Your Choices,” below. Please note that the Add-on does not prevent information from being sent to us.

In addition, if you would like to opt out of having participating entities track your online behavior for advertising purposes when you are browsing our Sites, you can follow the link provided in the section labeled “Your Choices,” below. You will be directed to an industry-developed website that allows you to choose whether each listed entity may collect and use data for interest-based advertising purposes. It may be that some of the third parties that collect interest-based information on our Sites do not participate in the Website Opt Out, in which case the best way to avoid third party tracking of your online behaviors may be through your browser settings and deletion of cookies.
Please note that the Website Opt Out are device specific. If you wish to opt-out from having interest-based information collected by participating entities across all devices, you need take the steps outlined above from each devices./

7. CUSTOMIZED AD CAMPAIGNS

We may also work with third party social media sites, such as Facebook, to serve ads to you as part of a customized campaign, unless you notify us that you prefer not to have information about you used in this way.

 

8. INFORMATION COLLECTED FROM OTHER WEBSITES AND DO NOT TRACK POLICY

Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Sites. Just like any other usage information we collect, this information allows us to improve the Sites and customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Sites do not support Do Not Track requests at this time, which means that we may collect information about your online activity both while you are using the Sites and after you leave our Sites.

9. AFFILIATED BUSINESSES

In certain situations, businesses or third-party websites we’re affiliated with may sell or provide products or services to you through or in connection with the Sites (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third-party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

10. SECURITY

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

Marfa Meats takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to or from us over the Internet. In particular, email sent to or from the Sites may not be secure, and you should therefore take special care in deciding what information you send to us via email. Additionally, unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Marfa Meats, our employees, our users, or others.

11. YOUR CHOICES

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

11.1 ACCOUNT INFORMATION

You may add, update, correct or modify information about you at any time by logging into your online account or by emailing us at  info@marfameats.com. The information you can view, update, and delete may change as the Sites change. If you have any questions about viewing or updating information, we have on file about you, please contact us by email at info@marfameats.com. When you update information, however, we may maintain a copy of the unrevised information in our records.

11.2 ACCOUNT DEACTIVATION

If you wish to deactivate your account, please email us at  info@marfameats.com, but note we may continue to store information about you as required or permitted by law or for legitimate business purposes. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it.

11.3 OPT-OUT LINKS

• To opt-out of Google Analytics, please visit: https://tools.google.com/dlpage/gaoptout
• To opt-out of certain ad functions, please visit: https://youradchoices.com/control

11.4 COOKIES

If you prefer, you can set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Sites. For more information about how to control placement of cookies on your computer or device, including those used for online behavioral advertising, see Section 6 above.

TERMS OF USE

Welcome to Marfa Meats and our Terms of Use and Conditions of Purchase (these “Terms”). These terms are important and affect your legal rights. Before ordering, please read them carefully.

By accessing or using the services provided by Marfa Meats, LLC or our subsidiaries or other affiliates (collectively, “Marfa Meats,” “we,” “us” or “our”) through our websites, blogs and/or mobile applications (collectively, the “Sites” and together with such services, the “Services”) you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services in any way, nor order, receive or use the meat or other products made available through the Services (collectively, the “Product(s)”).

Marfa Meats reserves the right to change or modify these Terms at any time and in our sole discretion. In the event of material changes to these Terms, we will inform you, by sending you an email notification or providing notice through the Sites. By continuing to access or use the Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure understanding of the terms and conditions that apply when you access or use the Services, or when you order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Services, nor order, receive or use the Products.

If you are using the Services on behalf of any other person or entity, you represent and warrant you are authorized to accept these Terms on such person’s or entity’s behalf, and that the person/entity agrees to be responsible to us, if you or the person/entity violates these Terms.

PLEASE REVIEW THESE TERMS CAREFULLY, ESPECIALLY IMPORTANT IS SECTION 3 REGARDING SUBSCRIPTION LANGUAGE AND SECTION 11 RELATED TO DISPURES AND ARBITRATION. IF YOU DO NOT AGREE TO THE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OF OTHERWISE USE THE SITES OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITES.

 

1. SERVICE ELIGIBILITY

The Sites, Services and Products are intended for use by individuals over the age of 18 in the United States of America. By placing an order, you represent and warrant that you 1) are 18 years of age or older, 2) are a legal resident of the United States, and 3) have full power and authority to enter into these Terms and in doing will not violate any other agreement to which you are a party.

 

 2. REGISTRATION/ACCOUNT/COMMUNICATION PREFERENCES

Registering for a Marfa Meats account is required for accessing and using certain areas of the Sites or features of the Services. By creating an account, you agree to

1. provide accurate, current and complete account information,
2. maintain and update your account information as necessary,
3. maintain the security of your password and accept all risks of unauthorized access to your account and any information you provide to us, and
4. immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.

You further understand and agree that Marfa Meats may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.

Through the creation of a Marfa Meats account, you consent to receive electronic communications from Marfa Meats (e.g., by email or by notices posted to the Sites). These communications fall under these Terms and may include notices about your account (e.g., payment authorizations, password changes and other transactional information). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements. These include, but are not limited to, that such communications be in writing. It is advised to keep copies of electronic communications from us by printing paper copy or saving an electronic copy. We may also send promotional communications to you by email, including, but not limited to newsletters, special offers, surveys and other information we think will be of interest to you. At any time if you wish to opt out of receiving these promotional emails, you can do so by following the unsubscribe instructions provided therein.

 3. TERMS OF SALE

3.1 SUBSCRIPTIONS
Marfa Meats’s subscription service offers various subscription plans for the recurring delivery of our Products (each purchase of any such plan, a “Subscription”). Our Product offerings and available Subscription plans are described on our website and mobile application, as applicable, at the time of purchase, and are subject to change at any time prior to purchase.

3.1.1 AUTOMATIC SUBSCRIPTION RENEWAL
WHEN YOU PURCHASE A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MARFA MEATS (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A REOCCURRING BASIS (E.G., BI-WEEKLY, MONTHLY) FOR THE PRICE OF YOUR CHOSEN SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES SET FORTH DURING THE PURCHASE PROCESS) UNTIL YOUR SUBSCRIPTION HAS BEEN TERMINATED. YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR TERMINATE THE SUBSCRIPTION. THE INITIAL AND RECURRING CHARGES FOR YOUR SUBSCRIPTION WILL BE SET FORTH DURING THE PURCHASE PROCESS. THE AMOUNT YOU ARE CHARGED MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND WE MAY ADJUST SUCH RECURRING CHARGES FROM TIME TO TIME IN ACCORDANCE WITH OUR PRICING TERMS.

3.1.2 SUBSCRIPTION CANCELLATION
YOU CAN LOG ON TO YOUR ACCOUNT AND CANCEL YOUR SUBSCRIPTION, OR EMAIL INFO@MARFAMEATS.COM AND WE WILL DO IT FOR YOU. YOU MUST GIVE US YOUR FULL NAME AND REGISTERED EMAIL ADDRESS. IF YOU CANCEL LESS THAN THREE (3) DAYS BEFORE YOUR NEXT SHIPMENT, MARFA MEATS WILL NOT BE ABLE TO HOLD THAT SHIPMENT AND YOU ARE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) WITH RESPECT TO THAT ORDER, HOWEVER YOU WILL NOT RECEIVE ANY FURTHER SHIPMENTS THEREAFTER. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD.

MARFA MEATS MAY, IN ITS SOLD DISCRETION, TERMINATE YOUR SUBSCRIPTION OR YOUR USE OF THE SITES AT ANY TIME. YOU ARE PERSONALLY LIABLE FOR ANY CHARGES THAT YOU INCUR PRIOR TO TERMINATION.

3.2 PAYMENT AND BILLING
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) to charge your payment method for all charges (including any applicable taxes and other charges) you incur for the purchase of any Products or Subscriptions (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor 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. If you wish to change or update your payment method, you can do so at any time by logging on to your Marfa Meats account and editing your payment information. If your payment details change, your card provider may provide us with the updated payment details. We reserve the right to use these updated details for future charges in order to help prevent any interruption to the delivery of service.

We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you. Marfa Meats reserves the right at any time after receipt of your order to accept or decline your order for any reason.

3.3 PRICING AND AVAILABILITY
All prices shown via the Services are in U.S. dollars and any applicable taxes and other charges, if any, are additional. Marfa Meats reserves the right to change our Subscriptions and other Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription(s), we will make reasonable efforts to inform you so that you may cancel or change your subscription. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policy set forth in Sections 3.1.2

Although we strive to provide accurate product and pricing information, unintentional errors may occur. Marfa Meats reserves the right to correct any typographical errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, Marfa Meats shall have the right, in its sole discretion, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Marfa Meats will issue a refund to your credit card. Individual bank policies will dictate when this amount is credited to your account. We apologize for any inconvenience this may cause you.

3.4 GIFTS
You may purchase and/or receive Gift Cards or Gift Subscriptions through the Services (“Gifts”). Gifts are not refundable or redeemable for cash, unless required by applicable law. Gifts must be redeemed for purchases through the Services in accordance with our then-current procedures for redemption, which may require the recipient to create their own account and agree to these Terms in order to redeem the Gift. GIFT SUBSCRIPTIONS ARE SUBJECT TO THE AUTORENEWAL TERMS AND CANCELLATION TERMS AS DESCRIBED IN SECTIONS 3.1.1 AND 3.1.2 RESPECTIVELY.

3.5 AVAILABILITY AND SUBSTITUTIONS
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an order, to discontinue offering certain Products (including, but not limited to, specific ingredients or entire shipments) without prior notice. Given the perishable nature of certain Products and market conditions beyond our control, we may be required occasionally to make substitutions to subscription orders. If you are not satisfied with a substitution, please contact us at info@marfameats.com.

3.6. SHIPPING AND HANDLING
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Shipping couriers and actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract.

3.7 DELIVERY

3.7.1 Timing
Marfa Meats ships on Mondays and Tuesdays, with delivery being within three (3) days. Please note that the specific days in which a Shipment can be delivered varies by geographic region, and delivery on each day will not be available in all areas. If you have any questions about your area and delivery, please contact info@marfameats.com.

Our ingredients are frozen and individually packaged and labeled. The ingredients are placed inside boxes that feature inbuilt insulation specially designed to keep meat within the optimal temperature range, with dry ice if necessary.

3.7.2 Delivery Instructions
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door or common area, unless other delivery instructions have been communicated by you to us. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

In the case of inclement weather or other events beyond our control, we will attempt to delivery as soon as reasonably possible. In the event of a courier delay, please inspect the contents carefully and email info@marfameats.com immediately with any concerns (attaching photos for review). If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date for the delivery. In some cases, delivery may occur prior to the scheduled delivery date. If timely delivery of your ingredients is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.

3.7.3 Inspection
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the received Products and confirming that the ingredients arrive in a cool, refrigerated condition. We advise the use of a food thermometer to ensure that the temperature zone within the container in which any meat, poultry or seafood Product is located is 40° F or below. In the unlikely event that such temperature zone is above 40°F, or you have any other reason to believe that any other Product in your delivery is not suitable for consumption, contact us at info@marfameats.com (attaching photos of the item(s)) and discard the item(s).

To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, found here. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here.

3.8 NO RESALE
You are not permitted to resell or otherwise use the Products for commercial purposes.

 

3.9 RETURNS/REFUNDS

3.9.1 Returns
We guarantee delivery to the home address on your account when the order is first placed and when the order is retrieved on the guaranteed delivery date. We don't guarantee delivery of an order placed using a business address. If your package is delivered to a business that is not open upon delivery, the shipping courier will not deliver the package until the following business day, and your order may arrive damaged.

Since we ship perishable products that can't be restocked or resold, we're unable to accept returns.

3.9.2 Refunds
The following refund reasons are covered under our policy:

• Damaged items (unrelated to the carrier)
• Late delivery or improper handling caused by the carrier, resulting in damage
• Missing items

The following reasons are NOT covered under our refund policy:

• Incorrect address provided or refusal of delivery when shipped according to our terms and conditions
• Late delivery due to incorrect address
• Your inability to retrieve your order on the guaranteed delivery date, resulting in damage

If you're not completely satisfied with your Marfa Meats for a reason covered under our policy, please contact info@marfameats.com within 7 days of receipt. We'll happily review your order and offer an appropriate resolution. Resolutions to reported issues may include replacement of the product in question, credit towards your next box, or a partial/full refund. Since we're not able to physically assess the product, we may ask that you provide photos of the product label and damage reported.

 4. THIRD PARTIES

4.1 HYPERLINKS

Marfa Meats makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

4.2 CONTENT

We may display content, advertisements and promotions from third parties through the Services, including in shipments with Products (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that Marfa Meats is not responsible or liable in any manner for such interactions or Third-Party Content.

 5. USER CONDUCT

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user’s account without authorization from such user and Marfa Meats;
• Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
• Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
• Develop any third party applications that interact with the Sites without our prior written consent;
• Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites,
• Extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
• Bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Sites; or
• Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

 6. FEEDBACK

We always welcome questions, comments, suggestions, ideas, original or creative materials or other information about Marfa Meats, the Sites or the Products (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Marfa Meats. Marfa Meats shall be free to use (and allow others to use) such Feedback, including, without limitation, all intellectual property rights in and to such Feedback, and shall be entitled to the unrestricted dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 7. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Marfa Meats, and our respective past, present and future officers, directors, employees, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Marfa Meats Parties”), from and against all actual or alleged Marfa Meats Party or third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to

• your use or misuse of the Sites, Content or Products,
• any Feedback you provide,
• your violation of these Terms,
• your violation of the rights of another,
• any third party’s use or misuse of the Sites or Products provided to you and
• any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms.

 

You agree to promptly notify Marfa Meats of any third-party Claims and cooperate with the Marfa Meats Parties in defending such Claims. You further agree that the Marfa Meats Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Marfa Meats.

 8. DISCLAIMERS

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, 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 AND THEIR INGREDIENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.

WE ATTEMPT TO DISPLAY PRODUCT PRICING, DESCRIPTIONS, INGREDIENT LISTS, AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, OUR SITES, THEIR CONTENTS, AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MARFA MEATS AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR SITES, THEIR CONTENTS, AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THESE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARFA MEATS 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 THESE SITES;

(D) THAT THE INFORMATION ON THESE SITES, INCLUDING NUTRITIONAL AND PRICING INFORMATION, IS ACCURATE, COMPLETE OR CURRENT; OR

(E) THAT THESE SITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

 

YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON OUR WEBSITES AND/OR MOBILE APPLICATIONS 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.

IN THE EVENT OF AN ERROR IN THE SERVICES, 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.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the 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.

 9. LIMITATION OF LIABILITY; RELEASE

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARFA MEATS OR ANY OF THE OTHER MARFA MEATS PARTIES 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 SITES OR CONTENT OR THE 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 MARFA MEATS, 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. 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 MARFA MEATS AND THE OTHER MARFA MEATS PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE MARFA MEATS MARKET EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE MARFA MEATS AND THE OTHER MARFA MEATS PARTIES’ 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.

10. DISPUTE RESOLUTION; ARBITRATION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES EACH OF US TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF UNDER THESE TERMS. IN PARTICULAR, WE EACH AGREE TO GIVE UP OUR RIGHT TO BRING CERTAIN DISPUTES BEFORE A JURY OR RESOLVE CERTAIN CLAIMS IN COURT OR AS A MEMBER OF A CLASS PROCEEDING.

 

10.1 BINDING ARBITRATION

For any dispute arising out of or related to these Terms or the Sites, Content, or Products, except for any disputes, claims, suits, actions, causes of action, demands or proceedings arising out of or related to a violation of Section 7 or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents (each, a “Dispute”), to the extent permitted by applicable law, you and Marfa Meats agree (a) to waive your and Marfa Meats’s respective rights to have any and all Disputes resolved in a court, and (b) to waive your and Marfa Meats’s respective rights to a jury trial. Instead, you and Marfa Meats agree to arbitrate Disputes through binding arbitration. Arbitration is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court.

 

10.2 NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS

To the extent permitted by applicable law, you and Marfa Meats agree that any Dispute is personal to you and Marfa Meats and that any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. To the extent permitted by applicable law, you and Marfa Meats agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.

 

10.3 FEDERAL ARBITRATION ACT

You and Marfa Meats agree that these Terms affect interstate commerce and that the enforceability of this Section 14 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

 

10.4 NOTICE; INFORMAL DISPUTE RESOLUTION

You and Marfa Meats agree that each party will notify the other party in writing of any Dispute or any small claims dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute or small claims dispute informally. Notice to Marfa Meats shall be sent by certified mail or courier to Marfa Meats, LLC Attn: Legal Notices, PO Box 1418 Marfa, TX 79843. Your notice must include

(a) your name, postal address, telephone number, the email address you use or used for your Marfa Meats account and, if different, an email address at which you can be contacted,

(b) a description in reasonable detail of the nature or basis of the Dispute or small claims dispute, and

(c) the specific relief that you are seeking.

Our notice to you will be sent to the address we have on file for you, and will include

(x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute or small claims dispute,

(y) a description in reasonable detail of the nature or basis of the Dispute or small claims dispute, and

(z) the specific relief that we are seeking.

If you and Marfa Meats cannot agree how to resolve the Dispute or small claims dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Marfa Meats may, as appropriate and in accordance with this Section 11, commence an arbitration proceeding or, to the extent specifically provided for in Section 11.1, file a claim in court.

 

10.5 PROCESS

You and Marfa Meats agree that any Dispute or small claims dispute must be commenced or filed by you or Marfa Meats within one (1) year of the date the Dispute or small claims dispute arose, otherwise the underlying claim is permanently barred (which means that you and Marfa Meats will no longer have the right to assert such claim regarding the Dispute or small claims dispute). You and Marfa Meats agree that

 

(a) the arbitration will be conducted in the county where you reside,

(b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are explained in more detail in Section 10.7 below and hereby incorporated by reference, and

(c) that the state or federal courts of the State of Texas and the United States, respectively, sitting in the State of Texas, County of Presidio, City of Marfa, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a small claims dispute in the small claims court located in the county of your billing address if the small claims dispute meets the requirements to be heard in that small claims court.

 

10.6 AUTHORITY OF ARBITRATOR

As limited by the FAA, these Terms and the JAMS rules referenced in Sections 10.5 and 10.7, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of the scope of this arbitration agreement and whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

 

10.7 RULES OF JAMS

The arbitration will be administered by JAMS in accordance with the JAMS Comprehensive Arbitration Rules (the “JAMS Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-16-1.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. To the extent there are any conflicts between the JAMS Rules and these Terms, the Terms will control.

 

10.8 SEVERABILITY

If any term, clause or provision of this Section 10 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 10 will remain valid and enforceable. Further, the waivers set forth in Section 10.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

 

10.9 OPT-OUT RIGHT

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 14 by writing to: Marfa Meats, LLC, PO Box 1418, Marfa, TX 79843. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 11.

 

11. OVERNING LAW AND VENUE 

These Terms, your access to and use of the Sites, and your order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to conflict-of-law rules or principles (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court pursuant to Section 11 shall be resolved in the state or federal courts of the State of Texas and the United States, respectively, sitting in the State of Texas, County of Presidio, City of Marfa.

 

12. TERMINATION 

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

 

13. SEVERABILITY 

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

 

14. MISCELLANEOUS

These Terms constitute the entire agreement between you and Marfa Meats relating to your access to and use of the Sites and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Marfa Meats. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Marfa Meats’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

 

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Some subscriptions may auto-renew at the end of their duration. If you don't want to renew a subscription you can cancel it at any time. If you want to cancel or change your subscription, you can do it at any time. Your order confirmation emails have links to your order, where you can manage your subscriptions from. See our Returns Policy (above) for more details on returns and refunds.