JONES CREEK BEEF, LLC
Website Terms of Use
Last revised: March 28, 2020
Jones Creek Beef, LLC (“Jones Creek”) owns and operates the website https://jonescreekbeef.com/ (the “Site”). By using this Site, you accept of these Terms of Use (“Terms”). Please do not use this Site if you do not agree to be bound by these Terms. In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the Site, these Terms will govern. Jones Creek reserves the right to change or modify these Terms or any policy or guideline of the Site at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and applicable policies to understand the terms and conditions that apply to your use of our Site. If you do not agree to the amended terms, you must stop using the Site.
1. COPYRIGHT AND TRADEMARK
All contents and materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Jones Creek or by other parties that have licensed their material to us. You may not use, copy, republish, duplicate, frame, or use any of the contents or materials on this Site without Jones Creek’s express written consent. If you print, copy, modify, download or otherwise use or provide any other person with access to the Site in violation of these Terms, your right to use the Site will cease immediately, and you must, at Jones Creek’s option, return or destroy any copies of the materials or content you have made. All rights not expressly granted are reserved.
2. PERSONAL USE
Your use of the contents and materials included on this Site is for informational and noncommercial purposes only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way. Jones Creek does not warrant the accuracy, completeness or usefulness of this information provided on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. You acknowledge that unauthorized use of the contents or materials from this Site could cause irreparable harm to Jones Creek, and that in the event of an unauthorized use Jones Creek shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity.
3. PROHIBITED USES
You agree not to introduce a virus, Trojan horses, worms, logic bombs or other component that is malicious or technologically harmful, or otherwise tamper with, impair or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site, including attacking the Site via a denial-of- service attack or distributed denial-of-service attack. You agree that you are and shall remain solely responsible for the content of any submissions that you may make to this Site, and that you will not submit materials that are unlawful, defamatory, abusive or obscene. You agree not to use any robot, spider, or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site. You further agree not to submit anything to the Site that may violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
4. NO SOLICITATION
Jones Creek does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Jones Creek’s products or marketing strategies might seem similar to ideas submitted to Jones Creek. So, please do not send your unsolicited ideas to Jones Creek or anyone at Jones Creek.
If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submission. You agree and warrant that: (1) the submission will immediately become the sole and exclusive property of Jones Creek without compensation to you or any other person or party; (2) Jones Creek will consider the submission to be non-confidential and non-proprietary; (3) Jones Creek shall have no obligations concerning the submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any submission; (4) Jones Creek may use or redistribute the submission or its content for any purpose and in any way it chooses; and (5) the submission does not contain trade secrets or proprietary information owned by another.
5. LINKS
Some links on this Site will redirect you to sites not under the control of Jones Creek. The appearance of a link on this Site does not imply Jones Creek’s support or endorsement, nor is Jones Creek responsible for the content found on any linked site. You access linked sites at your own risk.
6. PRIVACY
For information about how Jones Creek collects and uses personal information, see the Jones Creek Privacy Notice.
7. GOVERNING LAW AND JURISDICTION
Except with respect to principles of conflicts of laws, any dispute arising from these Terms or from any other use of this Site shall be resolved in accordance with the laws of the State of Utah, and such dispute shall be resolved exclusively by state and federal courts located in Salt Lake County, Utah. The prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs.
8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Jones Creek, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) your use of this Site, (ii) your violation of these Terms, or (iii) your conduct in connection with the Site.
9. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION, JONES CREEK MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. Jones Creek does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if Jones Creek is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors. Any use of information on this Site is at your own risk.
10. LIMITATION OF LIABILITY
JONES CREEK WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. JONES CREEK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF JONES CREEK IS NEGLIGENT OR IF JONES CREEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL JONES CREEK BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. JONES CREEK’S TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE. THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW.
11. SEVERABILITY
Any provision of these Terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.
12. TERMINATION
Notwithstanding any provision in these Terms, Jones Creek reserves the right, without notice and in its sole discretion, to terminate your access to all or part of the Site for any or no reason, including without limitation any violation of these Terms.
13. WAIVER
Failure or delay by Jones Creek to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by Jones Creek of any provision shall be deemed to have been made unless made in writing. No waiver by Jones Creek of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such condition or a waiver of any other term or condition.
14. ENTIRE AGREEMENT
These Terms constitute the sole and entire agreement between you and Jones Creek with respect to the subject matter of these Terms and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter of these Terms.
