Terms of Service

Last Revised: September 12, 2015
Effective: September 12, 2015

The terms of this Terms of Service agreement (“Terms”), together with the Privacy Policy, incorporated herein by reference, and all other additional terms and conditions, constitute an agreement between you and Think Jerky, LLC and its affiliates, subsidiaries and other corporate entities (“Think Jerky”, “we”, or “us”), and govern your use of the website or websites on which these Terms reside (collectively, “Website”).

Please read these Terms before using the Website.

By accessing, browsing, or in any way using the Website, including submitting any information to Think Jerky, you are entering a legally-binding agreement and you agree to accept these Terms, which includes our Privacy Policy, which is incorporated herein by reference, and as may be amended from time to time.

Think Jerky reserves the right, at its sole discretion, to modify, change, add to or remove any part of the Terms at any time without prior notice. You are responsible for regularly reviewing the Terms. You will be deemed to have consented to any change or modification of the Terms by your continued use of the Website.

CONTENT AND — USE OF THE WEBSITE

All rights, title and interest in and to the Website, including, but not limited to, any content on the Website, including any code, artwork, concepts, sounds, visual effects, moral rights, documentation, graphics, logos, trademarks, photographs, videos, text, images, screen shots, product names, and slogans (“Content”), is the sole property of Think Jerky and its licensors and is protected under trademark, copyright and other intellectual property laws. Use of the Website and nothing contained on the Website should be construed as granting any license or right to download, copy or otherwise use any Content.

By accessing, browsing and in any other way using the Website, you agree that you will comply with the Terms, of which the Privacy Policy is a part, and all applicable laws, and that you will:

  • Not use any feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful as determined by Think Jerky in its sole and absolute discretion;
  • Not display, download, copy or in any other way use any Website Content for any purpose that disparages or discredits Think Jerky, infringes any intellectual property rights, violates any law, or in any way, misuse any Content that appears on the Website;
  • Not share your account login information or in any other way jeopardize the security of your account login information;
  • Not collect or store, or attempt to collect or store, the personal information or other data of other users;
  • Not use the Website for any unauthorized commercial purpose without the prior expressed written consent of Think Jerky;
  • Not modify or cause to be modified any files or code of the Website or in any way try to reverse engineer, decompile, decipher or otherwise attempt to ascertain the source code of the Website in any way or make derivative works; and
  • Not in any way assist, attempt or aid in any way the overburdening, disruption or attack by any means of, including through viruses or denial of service, any server or other component of the Website.

CREDIT CARDS

The purchasing of any product or service made available through the Website may require you to supply certain relevant transactional information, including, but not limited to, your credit card number, your credit card’s expiration date and security number, your billing and shipping addresses.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO — USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.

By submitting such credit card information, you grant Think Jerky, or any third-party service that may collect such information on our behalf, the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

LIMITATIONS OF LIABILITY

To the extent permitted by law, Think Jerky makes no representations or warranties about the reliability of any features of the Website, the Website itself, any Content or any other Website feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk.

Think Jerky makes no representations regarding the amount of time that any Content will be preserved.

THIS WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS FOR YOUR — USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, THOSE ARISING FROM A COURSE OF DEALING OR TRADE, OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE WEBSITE, OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) THEREIN. TO THE EXTENT PERMITTED BY LAW, THINK JERKY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT YOU WILL BE ABLE TO ACCESS THE WEBSITE AT YOUR LOCATION OR TIME OF YOUR CHOICE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIR– USES OR OTHER HARMFUL CODE.

UNDER NO CIRCUMSTANCE, SHALL THINK JERKY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER SUCH DAMAGES THAT RESULT FROM THE — USE OF OR INABILITY TO — USE THIS WEBSITE OR ANY PRODUCTS OR SERVICES AVAILABLE THEREON, HOWEVER CA– USED, REGARDLESS OF THE THEORY OF LIABILITY. NOR SHALL THINK JERKY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CA– USED BY EVENTS BEYOND THINK JERKY’S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE WEBSITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, A NEGLIGENT ACT, WILL THINK JERKY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE — USE OF, OR THE INABILITY TO — USE, THE WEBSITE, EVEN IF THINK JERKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU DOWNLOAD ALL MATERIAL AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. IN NO EVENT SHALL THINK JERKY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, EXCEPT AS REQUIRED BY LAW, EXCEED THE AMOUNT OF FIFTY DOLLARS ($50).

YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE — USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT YOU MAY BE EXPOSED TO CONTENT FROM VARIOUS SOURCES. YOU AGREE THAT YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

The failure of Think Jerky to enforce any provision of these Terms or in respect to your breach or anyone else’s breach on any occasion, shall not be construed as a waiver of any of Think Jerky’s rights to act or assert such rights with respect to future or similar breaches.

THIRD-PARTY WEBSITES

The Website may include access or links to other websites and/or services of third parties or those not maintained by or related to Think Jerky. Such links are provided as a service to users and are not sponsored by or affiliated with the Website or Think Jerky. Think Jerky assumes no responsibility for any content created or published on these third-party sites and/or services. Think Jerky does not endorse and makes no representations or warranties about the content, completeness, or accuracy of those third-party sites and/or services. Information you submit at a third-party site accessible from the Website is subject to the terms of that website’s own privacy policy. Think Jerky has no control over how your information is collected, used, or otherwise handled on those third-party websites.

JURISDICTION

The Website is not intended to subject Think Jerky to the laws or the jurisdiction of any country other than the United States of America. Think Jerky may limit the availability of the Website, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms will be governed by and construed in accordance with the laws of Illinois without regard to conflicts of laws principles. By using this Site, you consent to the jurisdiction of, and agree that any and all disputes regarding these Terms will be brought exclusively before, the courts located in Cook County, Illinois.

Any and all disputes, claims, controversies and causes of action arising out of or relating to the Website and/or these Terms, which include the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be resolved by arbitration, without resort to any form of class action, by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Illinois with one arbiter. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

If you breach any provision of these Terms or our Privacy Policy you may no longer use the Website. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the Website is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and anything relating to or arising from such use. If you are dissatisfied with the Website or with these Terms or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Website. These Terms, as applicable, shall survive the termination of this agreement.

SEVERABILITY

You agree that if any provision of these Terms are found illegal, unenforceable, or otherwise invalid, in whole or in part by any court of competent jurisdiction, you agree that the court shall modify the provision to make the provision enforceable to the extent that it maintains its intent, and that the remaining provisions will not be affected and will continue to be valid and enforceable. Provisions of these Terms shall survive the termination of your account where applicable.

FEEDBACK

By submitting any ideas, feedback and/or proposals to Think Jerky through the Website or other means, you acknowledge and agree that, regarding such ideas, feedback and/or proposals: (i) Think Jerky may already have the same or similar ideas; (2) the submission does not contain any confidential information; (3) Think Jerky has no obligation of confidentiality; (4) Think Jerky may freely use, distribute, exploit and further develop and modify your submission for any purpose; and (5) you are not entitled to any compensation of any kind from Think Jerky

RETURN POLICY & REFUND POLICY

We want you to be 100% delighted with your purchase from Think Jerky. We will gladly accept any unopened jerky from www.ThinkJerky.com for a period of 30 days from date of shipment. Please contact hello@ThinkJerky.com with your order number to arrange for the return and refund.

CONTACT

For any questions, complaints or claims with respect to the Website or Think Jerky contact:

Think Jerky, LLC
500 North Michigan Ave., Suite 600
Chicago, IL 60611

hello@thinkjerky.com



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