TERMS OF USE AND CONDITIONS OF PURCHASE

November 4, 2024

Welcome to Valor Provisions and our Terms of Use and Conditions of Purchase (these “Terms”).

THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF PURCHASE BEFORE PLACING AN ORDER.

By accessing or using the services provided by Kansas City Cattle Company, L.L.C., or our subsidiaries or other affiliates (collectively, “Valor Provisions,” “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 or order, receive or use the meat or other products made available through the Services (collectively, the “Product(s)”).

We reserve the right to modify these Terms at any time and in our sole discretion. If we change these Terms, we will provide notice of such changes through the Sites. By continuing to access or use the Services after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. If you do not agree to the revised Terms, you are free to reject them, but in such event, you may not access or use the Services or order, receive or use the Products.

• Eligibility. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

• Registration, Account and Communication Preferences. To use certain areas of the Sites you will need to register for a Valor Provisions account. By creating an account, you agree to (a) provide accurate account information, (b) maintain and update your account information as necessary, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or suspect any security breaches related to the Services or your account. By creating a Valor Provisions account, you also consent to receive electronic communications from Valor Provisions (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You should maintain copies of electronic communications from us. We may also send you promotional communications via email, including, but not limited to, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

1. Use of Sites and Content. Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Valor Provisions or our licensors, as applicable. In additional to all other prohibitions set forth  elsewhere in these Terms, you are prohibited from using the Services and 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 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 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; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or the Sites. Any use of the Sites or Content other than as specifically authorized herein is strictly prohibited. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.

1. Product Offerings. Our Product offerings are available exclusively online through our Sites.  Our Product offerings may have limited quantities and are subject to return or exchange only according to our Return Policy.  We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction on a case by case basis. 

1. Pricing and Availability. All prices shown via the Services are in U.S. dollars. Any applicable taxes and other charges, if any, are additional. The availability of our Products is described on our Sites at the time of purchase, and are subject to change at any time prior to purchase We reserve the right to change our Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice. We reserve the right to discontinue any Product at any time.  The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes.

1. Payment and Billing Information. By using the Services you represent and warrant that you are authorized to use the designated payment method for the purchase of any Product and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges.

1. 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.

1. Deliveries. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. We do not guarantee the Product will arrive frozen. However, we do use a combination of dry ice and frozen gel packs to help ensure that the Product arrives in the best possible condition. If you are purchasing a Product to consume at a date more than a few weeks away, we suggest upgrading to one of our expedited shipping services (UPS Next Day Air, or UPS 2nd Day Air). You are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the ingredients arrive in a cool, refrigerated condition. If you believe any Product in your delivery is not suitable for consumption, contact us at contact@valorprovisions.us. To maintain the quality of the Products, we recommend that you immediately refrigerate all Products upon delivery. 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. Failure to follow safe food handling practices and temperature recommendations may increase the risk of food-borne illness.

1. Return Policy. Because of the perishable nature of our Products, Valor Provisions does not accept returns. However, if the Product is damaged during the transit process, please contact us at contact@valorprovisions.us, or phone, (816) 929-6634, so we can investigate the cause of the damage and/or unsatisfactory process you experienced.

1. Trademarks. “Valor Provisions,” the Valor Provisions logo and any other Valor Provisions Product or service names, logos or slogans that may appear on the Sites or Products are trademarks of Valor Provisions and may not be used without permission. Unless otherwise noted, all Content is protected as copyrights, trademarks, service marks, trade names or other intellectual property owned, controlled or licensed by Valor Provisions, one of its affiliates, or by third parties who have licensed their intellectual property to Valor Provisions and is protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized duplication is a violation of law. No rights in any Content, including any trademark, service mark or trade name, are granted to you in connection with your use of the Services. Valor Provisions and its affiliates and licensors expressly reserve all intellectual property rights in all Content.

1. Hyperlinks. Certain content, Products and services available via our Service may include materials from third parties. Third-party links on the Sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

1. Third Party Services.

1. Shopify. Our Sites are hosted on Shopify Inc. It provides us with the online e-commerce platform that allows us to sell our Products to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

1. Generally. In general, the third-party providers used by us will collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

1. Feedback. You are always free to submit questions, comments, suggestions, ideas, original or creative materials or other information about Valor Provisions, the Sites or the Products (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Valor Provisions. Valor Provisions 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.

1. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Valor Provisions, and our employees, officers, directors, equity holders, service providers, affiliates, agents, representatives, successors and assigns (individually and collectively, the “Valor Provisions Parties”), from and against all actual or alleged Valor Provisions Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs of every kind and nature whatsoever (collectively, “Claims”) that are caused by, arise out of or are related to: (i) your use of the Sites, (ii) your violation of these Terms, or (iii) your posting or transmission of any materials on or through the Sites.

1. Disclaimers. 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, VALOR PROVISIONS, ITS SUBSIDIARIES, 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, VALOR PROVISIONS, ITS SUBSIDIARIES, 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.

1. Limitation of Liability; Release. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VALOR PROVISIONS OR ANY OF THE OTHER VALOR PROVISIONS 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, 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).

1. Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Sites. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

1. Survival. Sections 5 through 11 and Sections 13 through 15 will survive the expiration or termination of these Terms and the termination of your Valor Provisions account.

1. Governing 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 Missouri, without regard to conflict-of-law rules or principles (whether of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties shall be resolved in the state or federal courts of the State of Missouri and the United States, respectively, sitting in Jackson County, Missouri.

1. 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.

1. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Contents on the Sites infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). All notices of infringement should be sent to the Valor Provisions at contact@valorprovisions.us and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Sites, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

1. Miscellaneous. These Terms constitute the entire agreement between you and Valor Provisions 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 Valor Provisions. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Valor Provision'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.