TERMS AND CONDITIONS
JAIMEATS, LLC

 

Last Updated: November 22, 2023 

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

 

  1. Restrictions on Use

All pages within this website and any material made available for download (collectively the “Site”) are the property of JAIMEATS, LLC (“JAIMEATS”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of JAIMEATS. The Site is for your own personal use. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by these Terms and Conditions, or any applicable end user license agreements, are reserved by JAIMEATS.

 

  1. Trademark Notice

The Site, their products, services, and entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by JAIMEATS, its licensors, or other providers of such material and are protected by U.S. and other international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The trademarks, service marks, trade dress, trade names, and logos contained in this Site, including but not limited to the name, JAIMEATS, and logo and other trademarks registered in the U.S. are the sole property of JAIMEATS. In addition, all page headers, custom graphics, and custom icons are Marks of JAIMEATS.

 

  1. Monitoring and Enforcement; Termination

JAIMEATS has the right to: take any action with respect to any use of our Site and services that we deem necessary or appropriate in our sole discretion, including if we believe that such use violates the Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site and services or the public, or could create liability for JAIMEATS; take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or services; and terminate or suspend your access to all or part of the Site and its services for any or no reason, including without limitation, any violation of these Terms and Conditions.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting any materials on or through the Site.

 

  1. Warranty Disclaimer

This Site, including any content or information contained within it or any Site-related services, is provided “As Is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You assume total responsibility and risk for your use of this Site, Site-related services, and hyperlinked websites.

JAIMEATS, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the Site, Site-related services, content, or information contained within the Site, and/or any hyperlinked website. Your sole remedy for dissatisfaction with the Site, Site-related services, and/or hyperlinked websites is to stop using the Site and/or those services.

Although JAIMEATS attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. If an inaccuracy arises, please inform JAIMEATS so that it can be corrected. Information contained on the Site may be changed or updated without notice.

 

  1. Confidential and Proprietary Information

JAIMEATS does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to JAIMEATS through the Site will be deemed not to be confidential. By sending JAIMEATS any information or material, you grant JAIMEATS an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that JAIMEATS is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

 

  1. Site Links

If the Site and its services contain links to other sites and resources provided by third parties, these links are only provided for your convenience. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

  1. Indemnification

You agree to defend, indemnify, and hold harmless JAIMEATS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms and Conditions or your use of the Site and its services.

 

  1. Force Majeure

Under no circumstances shall JAIMEATS be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.

 

  1. Mediation

The parties agree to mediate any dispute or claim arising between them concerning breach, termination, enforcement, interpretation, or validity of these Terms and Conditions, including the determination of the scope or applicability of this section, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. If for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.

 

  1. Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms and Conditions to arbitrate shall be determined by arbitration in Los Angeles County, California. The arbitration shall be initiated by service by the claimant upon the respondent in accord with the notice provisions of these Terms and Conditions.  The Arbitration shall be conducted by one arbitrator agreed upon by the parties. Should the parties fail to agree upon an arbitrator within ten (10) business days of the initiation of the claim, then the parties shall each select one (1) arbitrator and the two (2) arbitrators shall select a third (3rd), which third (3rd) arbitrator shall alone arbitrate the dispute. The arbitration shall be conducted pursuant to the Comprehensive Arbitration Rules and Procedures of JAMS (excluding rules for initiating a claim, administering a claim, and selecting an arbitrator). The Arbitrator is empowered to grant damages, injunctive relief, and all other appropriate relief as permitted by law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure section 1283.05. All actions and decisions of the Arbitrator shall be made in accord with the governing law. The Arbitrator shall issue a written finding of facts and law as part of his award, all of which shall be issued within fifteen (15) days after the close of the arbitration hearing. Judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof. The award of the Arbitrator, and any findings of fact or law shall be subject to appeal as though made by a Superior Court judge. The Arbitrator shall, in the award, allocate all of the costs of arbitration and mediation costs, if the parties agree to and participated in any mediation, including the fees of the Arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party who did not prevail. The amount of the attorneys’ fees shall not be considered in determining the prevailing party in the arbitration.

 

  1. Choice of Law and Venue

These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, including any action to enforce Section 10 (Arbitration) hereof, the prevailing party will be entitled to costs and attorney's fees. If any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

 

  1. Class Action Waiver

You agree that you may bring disputes against JAIMEATS in an individual capacity only, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions.

 

  1. Severability

If any provision in these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

 

  1. Entire Agreement

These Terms and Conditions constitute the entire agreement between JAIMEATS and you pertaining to the subject matter of this agreement. In its sole discretion, JAIMEATS may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

 

  1. No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to JAIMEATS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

 

  1. Subscriptions

Unless or until you or JAIMEATS cancel your subscription, it will automatically renew for subsequent term(s) at the end of your initial subscription term; JAIMEATS will charge your payment method for the renewed, subsequent term(s). As required by law, you shall receive an e-mail notification thirty (30) days before your renewal date informing you of the automatic renewal.