PLEASE READ TERMS AND CONDITIONS OF USE CAREFULLY
By using or accessing the Drury Supply Co. d/b/a Papa Valley Wagyu (hereinafter “Papa ValleyWagyu”) websites, including but not limited to, www.papavalleywagyu.com (“Site”), you sign if your assent to these Terms and Conditions of Use (“Terms and Conditions”).IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE AS YOU ARE NOT AUTHORIZED TO ACCESS, USE, OR ORDER PRODUCTS FROM THIS SITE. PAPA VALLEY WAGYU MAY REVISE AND UPDATE THESE TERMS AND CONDITIONS AT ANY TIME. YOUR CONTINUED USAGE OF THIS SITE WILL MEAN YOU ACCEPT THOSE CHANGES.
INTELLECTUAL PROPERTY RIGHTS OWNERSHIP
All content available on this Site, including, but not limited to, text, graphics, photographs, logos, images, audio clips, processes, products, and software, and the compilation thereof (the“Content”) and the trademarks, logos, and service marks displayed on this Site, including but not limited to “Papa Valley Wagyu®” and “PV Missouri Marbled Papa Valley Wagyu®”, (collectively, the “Trademarks”) are owned, controlled, or licensed by or to Papa Valley Wagyu, our affiliates, our partners, our licensors, or our suppliers and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.The Content and Trademarks on this Site are solely for your personal, non-commercial use.
UNITED STATES RESIDENTS ONLY
This Site is intended only for the delivery of products within the United States, and Papa ValleyWagyu makes no representations that this Site is available for use outside the United States or that products are available for delivery worldwide. We reserve, in our sole discretion, the right to limit the availability of this Site, including, but not limited to, any product, service, content or other feature of or available on this Site, to any person, entity or geographical area at any time. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the sale of any goods on this Site.
Subject to your strict compliance with these Terms and Conditions, Papa Valley Wagyu grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access and make personal use of this Site. You agree not to access or use this Site in any manner prohibited by these Terms and Conditions or is otherwise unlawful. Neither the Content,Trademarks, nor any other portion of this Site may be copied, sold, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, performed, archived, retained, distributed, and/or exploited in any way, in full or in part, including by e-mail or other electronic means for any commercial use without the prior written consent of Papa Valley Wagyu.You further agree not to: (i) make any commercial use of this Site or its Content, (ii) violate or attempt to violate the security of this Site; (iii) mispresent your identity or impersonate any person or entity or otherwise submit false or inaccurate information to this Site; (iv) interfere or tamper with this Site or its functionality or any other user’s access to this Site; (v) reverse engineer, decompile, modify, adapt, translate, or disassemble any portion of the Site; (vi) collect personal information of other users on this Site; (vii) submit or disseminate any harmful message, data, information, text or other material, including but not limited to, viruses, “Trojan horses,” “worms,””time bombs,” “zombies,” “cancelbots,” or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information of Papa Valley Wagyu or any third parties; or (viii) conduct fraudulent activities on this Site. Neither title nor intellectual property rights are transferred to you by access to this Site. Any unauthorized use constitutes a material breach and terminates the access or use granted by Papa Valley Wagyu to this Site. Papa Valley Wagyu reserves the right to immediately suspend or terminate your access and/or use of this Site at any time and for any reason, in PapaValley Wagyu’s sole discretion, and without advance notice or liability.
ORDERS AND SHIPPING
Papa Valley Wagyu reserves the right, in its sole discretion and without advance notice, to accept, decline, or cancel any order for any or no reason, including, but not limited to any error in pricing, and to supply less than the quantity of product ordered. Any order confirmation you receive, electronically or otherwise, does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. Before Papa Valley Wagyu accepts or processes any order, we may need to verify certain information submitted by you.The availability of and pricing for all products on this Site are subject to change at any time inPapa Valley Wagyu’s sole discretion without notice and will not be retroactively applied to outstanding or completed orders. You may be responsible for charges for shipping and handling in addition to the cost of the product.
Papa Valley Wagyu currently accepts the following major credit cards: Visa®, MasterCard®,American Express®. Papa Valley reserves the right to modify its accepted credit card list at anytime without prior notice. You may be required to provide your billing address, telephone number, credit card number, credit card expiration date, credit card security code or other information to make a credit card transaction on this Site. Delays in your order may occur if incorrect information is submitted. Papa Valley Wagyu may use a third party(s), including, but not limited to, processors and/or financial institutions (“Processing Companies”) to process the credit card payment for your purchases. BY PROVIDING CREDIT CARD INFORMATION, YOU EXPRESSLY AUTHORIZE PAPA VALLEY WAGYU, ITS AGENTS, AND PROCESSING COMPANIES TO CHARGE THE CREDIT CARD FOR THE ORDERS.
This Site may allow you to submit materials, including, but not limited to, ideas, reviews, questions, plans, photographs, user profiles, writings, music, video, audio recordings, computer graphics, notes, creative materials, drawings, pictures, data, questions, comments, suggestions or other content, including personal information (“User Content”) through, to or on this Site. You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”,or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading, and (iv) otherwise does not violate any provisions of these Terms andConditions. You are solely responsible for the User Content you submit, and Papa Valley Wagyu assumes no liability for any User Content submitted by you.For any User Content submitted by you, you grant to Papa Valley Wagyu a non-exclusive, unrestricted, unconditional, unlimited, worldwide, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free and cost-free, transferable right and license to use, display, publicly perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute, record, reproduce, disclose, re-sell, sublicense (through multiple levels),broadcast, and otherwise use and exploit in any manner whatsoever, all or any portion of suchUser Content (and derivative works thereof) for any purpose whatsoever in all formats, on or through any form, means, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, throughout the world, and to advertise, market, and promote the same, all without compensation or other obligation to you.You also grant to Papa Valley Wagyu the right, without any obligations, to use your name in connection with the User Content.Papa Valley Wagyu does not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for products or otherwise (collectively, “Unsolicited Ideas andMaterials”). Any Unsolicited Ideas and Materials you post on or send to us are deemed user submitted materials and licensed to us as set forth above. In addition, Papa Valley Wagyu retains all of the rights held by members of the general public with regard to your UnsolicitedIdeas and Materials. Papa Valley Wagyu’s receipt of your Unsolicited Ideas and Materials is not an admission by Papa Valley Wagyu of their novelty, priority, or originality, and it does not impairPapa Valley Wagyu’s right to contest existing or future intellectual property rights relating to yourUnsolicited Ideas and Materials.
DMCA NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
Papa Valley Wagyu is committed to handling copyright infringement claims responsibly and in compliance with applicable laws. If you have a good faith belief that your copyrighted work has been infringed via this Site, please provide us notice of the alleged infringement in compliance with the Digital Millennium Copyright Act (“DMCA”). It is our policy to remove copyright-infringing materials found on this Site that are the subject of correctly prepared notices under the DMCA.You agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.Anyone making a false or fraudulent notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Therefore, we encourage you to consult a lawyer before submitting a notice of copyright infringement.To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice. The DMCA notice must include all of the following: (i) a legend or subject line that says: “DMCA Copyright InfringementNotice”; (ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Sites on which the material appears); (iv) your full name, address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and (vii) your electronic or physical signature.
We operate and control our Site from our offices in Rogersville, Missouri in the United States ofAmerica. Although this Site is accessible worldwide, not all features, products or services discussed, referenced, provided, or offered through or on this Site are available to all persons orin all geographic locations, or appropriate or available for use outside the United States. PapaValley Wagyu reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer or any feature, product or service made on this Site is void where prohibited. If you choose to access this Site from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that all matters relating to your access to or use of this Site, including but not limited to any disputes relating to these Terms of Conditions, will be governed by laws of the State ofMissouri without regard to principles of conflicts of laws. You agree to the personal jurisdiction by and venue in the state and federal courts in the County of Greene, State of Missouri, and waive any objection to such jurisdiction and venue. You agree that all actions or proceedings arising in connection with or relating to this Site and/or these Terms of Conditions shall be tried and litigated exclusively in the State and Federal courts located in the State of Missouri and you waive any jurisdictional, venue or inconvenient forum objections to such courts.
DISCLAIMER REGARDING LINKS TO, AND DEALINGS WITH, THIRD PARTIES
This Site may contain links to other independent third-party websites, applications, and other online services (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors, and Papa Valley Wagyu is not responsible for and has no liability for the content, advertising, products, functionality, actions, inactions, privacy policies, terms, material, privacy, data security, interactions, transactions, dealings, or payments made available through or with any Linked Sites nor do we endorse any Linked Sites. We strongly recommend that you review and understand the terms and conditions and privacy policies of any Linked Site before accessing or using it. Please direct your complaints, concerns, or questions you have related to any materials, content, or product provided by such Linked Site directly to that Linked Site’s webmaster or appropriate contact.
TO THE FULLEST EXTENT PERMITTED BY LAW, PAPA VALLEY WAGYU HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, TITLE, MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
PAPA VALLEY WAGYU ATTEMPTS TO BE AS ACCURATE AS POSSIBLE WHEN DESCRIBING OUR PRODUCTS ON THIS SITE; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, PAPA VALLEY WAGYU DOES NOT WARRANT OR REPRESENT THAT THIS SITE OR ANY PRODUCT DESCRIPTIONS, PHOTOGRAPHY, PRICES, SERVICE,FEATURE OR OTHER CONTENT OF OR AVAILABLE ON THIS SITE ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE FROM UNAUTHORIZED USE,UNINTERRUPTED OR ERROR FREE.TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE(COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY PAPA VALLEY WAGYU ONAN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.ANY AND ALL INFORMATION AND CONTENT PROVIDED ON THE SITE IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. PAPA VALLEY WAGYU CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS SITE, IF ANY, WILL BEFREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES OR OTHER HARMFUL COMPONENTS. PAPA VALLEY WAGYU DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL PAPA VALLEY WAGYU BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT,ECONOMIC, GENERAL, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND,INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA,PERSONAL INJURY OR DEATH, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE,STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART,BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THIS SITE, INCLUDING, BUT NOT LIMITED, TO THE CONTENT, MATERIALS,INFORMATION, TRANSACTIONS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS SITE, OR (B) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS ORUSE THIS SITE, OR THE PERFORMANCE OF THIS SITE, OR (C) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS SITE ORTHE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THIS SITE, EVEN IF PAPA VALLEY WAGYU OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OF LIABILITY SO THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PAPA VALLEY WAGYU’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THIS SITE AND YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID PAPA VALLEY WAGYU IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED,HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS,WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY PAPA VALLEY WAGYU OR A MANUFACTURER OF A PHYSICAL PRODUCT.
WAIVER OF INJUNCTION
AS A CONDITION TO YOUR USE OF THIS SITE AND AS PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOU WILL NOT SEEK AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF IN CONNECTION WITH ANY LOSS, DAMAGES OR INJURIES YOU CLAIM TO HAVE SUSTAINED OR INCURRED IN CONNECTION WITH YOUR USE OR ACCESS TO THIS SITE.
As a condition of your use of this Site and as permitted by applicable law, you agree to indemnify, defend, and hold Papa Valley Wagyu, its officers, directors, successors in interest, employees, agents, subsidiaries, members, suppliers and affiliates, harmless from and against any demands, losses, liabilities, damages, costs, investigations, actions, claims or expenses (including attorneys’ fees and expenses), made against Papa Valley Wagyu by any third party due to or arising out of or in connection with your use of or access to this Site and/or any third party sites, your conduct, your use of products obtained from this Site, or your violation of these Terms andConditions.
If any of these Terms of Conditions are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions. These Terms of Conditions constitute the entire Agreement between you and Papa Valley Wagyu governing your access to, dealings with, and use of this Site, and any and all other written or oral agreements or understandings previously existing between you and Papa Valley Wagyu with respect to such access to, dealings with, or use are hereby superseded and canceled. Papa Valley Wagyu’s failure to insist on or enforce strict performance of these Terms of Conditions shall not be construed as a wavier by Papa Valley Wagyu of any provision or any right it has to enforce theseTerms of Conditions, nor shall any course of conduct between Papa Valley Wagyu and you or any other party be deemed to modify any provision of these Terms of Conditions. No provision of these Terms and Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without Papa Valley Wagyu’s express prior written consent. Papa Valley Wagyu may assign its rights and duties under these Terms andConditions to any party at any time without notice. The provisions of these Terms and Conditions are for the benefit of Papa Valley Wagyu and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to this Site. Each of these individuals or entities shall have the right to assert and enforce any provisions contained in this Terms andConditions directly against you on he, she or its own behalf. Papa Valley Wagyu may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
If you have any concerns about Papa Valley Wagyu or your use of this Site, please contact us at: