Term & Conditions
Effective Date: March 2, 2009
As used in this Agreement, the words "you" and "your" refer to any person accessing the PTB Website. The words "we," “us," and "our" refer to PTB, and may also include our affiliated entities, officers, directors and/or employees.
PTB may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website. Any changes that are made to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.
Further, PTB reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. You agree that PTB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any Materials (as defined below).
If you have any questions about this Agreement, please contact us at: firstname.lastname@example.org
LICENSE TO USE WEBSITE
PTB hereby grants you a limited, non-exclusive license to access the Website subject to and in accordance with the terms of this Agreement. Any violation of the terms of this Agreement is grounds for immediate termination of this limited license.
PTB makes available the information and materials, including but not limited to, product descriptions, photographs, health information and general interest information on the Website (the "Materials") for general informational purposes only.
The Materials may include instructions, tutorials or examples regarding the cooking of meats and poultry. Such Materials may include examples of temperatures which result in a desired cooking doneness, such as blue, rare, medium rare, medium or well done. All such examples are not recommendations of any kind. Individual preferences may vary regarding meat preparation, and may not comport with Government recommended minimum temperatures. Individuals should not rely upon such information contained hereon solely for the basis of cooking their products. You are solely responsible for cooking meat and poultry to an adequate internal temperature and any illness or injury of any kind which results from your failure to do so.
The Materials may include health information regarding various aspects of meat and poultry. Such information is NOT intended, and in no way is, a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding food storage and consumption safety. The United States Department of Agriculture (“USDA”) recommends the following minimal internal temperatures before consumption:
Ground Beef, Veal or Lamb………………………... 160 °F
Whole Beef, Veal or Lamb…………………………. 145 °F (Medium Rare)
Whole Poultry………………………………………... 165 °F
Pork…………………………………………………… 160 °F
For more information regarding food safety, visit: www.fsis.usda.gov/Fact_Sheets/Use_a_Food_Thermometer/index.asp
The Web site may contain typographical errors or inaccuracies, including but not limited to errors or inaccuracies related to price, product information, product description or availability, and may not be complete or current. PTB therefore reserves the right to correct any errors, inaccuracies or omissions (including after any order has been submitted, confirmed and/or charged to your credit card) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
We have made every effort to display as accurately and reliably as possible the colors, sizes, dimensions, materials, textures, and all other physical aspects (“Depiction”) of the goods that appear on the Website. However, meat characteristics can vary and we cannot guarantee, and make no warranty, promise, or agreement that any depicted or described product actually comports with its Depiction or description.
Any price quotation, service information or any other such information regarding the provision of and fees for any goods or service offered by PTB are provided purely for informational and illustrative purposes. PTB does not guarantee, and makes no warranty, promise, or agreement that any depicted or described goods or services are actually offered or comports with its description on the Website. PTB reserves the right to cease offering any such services or benefits to prospective or actual customers at any time, in all cases without notice or liability.
All PTB products are USDA inspected (to the extent required) and certified to be in compliance with the Federal Meat Inspection Act or the Poultry Products Inspection Act.
AVAILABILITY OF SERVICE
While PTB makes reasonable efforts to ensure that the Website is available at all times, PTB does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and PTB does not guarantee that users will be able to access or use all or any of the Website features at all times.
PTB may change, suspend or discontinue any (or all) aspects of the Website at any time, including the availability of any Website feature. PTB may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part or all of the Website, in all cases without notice or liability.
PTB offers Additional Services to users of this website, such as online sales of some of the products contained hereon or the purchase of gift certificates for use on the Website. Such Additional Services are subject to additional Terms and Conditions which must be agreed to before using such Additional Services.
RULES OF CONDUCT
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials and Services. In addition, your use of the Website is conditioned on your compliance with the within rules of conduct as well as all other terms of the Agreement.
You agree not to use the Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any PTB employee, agent, or representative; or expressing or implying that PTB endorses any statement you make. You also may not modify, adapt, translate, reverse engineer decompile or disassemble any portion of the Website, the Materials or the Services. Further, you may not interfere with or disrupt the operation of the Website, the Materials or the Services, including restricting or inhibiting any other person from using the Website, the Materials or the Services by means of hacking, or defacing any portion of the Website. Further, transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, root kit or other harmful code is prohibited. Moreover, you may not interfere with or violate any other Website visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about PTB employees or other individuals identified on the Website, without their express written consent. You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website, the Materials or the Services. Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website, the Materials, the Services or the Website’s content, including PTB’s or any other party’s intellectual property thereon, without our prior express written authorization.
CONTENT SUBMITTED OR MADE AVAILABLE TO PTB
By submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar thereto (“Submissions”) to PTB, through its feedback webpage, postings, email message, or in any other manner, you hereby explicitly agree that: (a) your Submissions do not contain confidential or proprietary information; (b) your Submissions automatically become the property of PTB without any obligation of PTB to you; (c) PTB is not under any obligation of confidentiality relating to the Submissions, either express or implied; (d) PTB shall be entitled to use or disclose the Submissions in any way, manner, purpose or otherwise, worldwide; (e) PTB may have under consideration or development similar ideas to the Submissions; and (f) you are not entitled to any compensation or reimbursement of any kind from PTB in exchange for the Submissions.
You agree not to upload, distribute, make available, or otherwise publish through this Website any Content that is unlawful, encouraging of another to commit unlawful activity, violative of the rights of any party, infringing upon the patent, trademark, trade secret, copyright, or other intellectual or proprietary property right of any party, defamatory, libelous, obscene, pornographic, indecent, lewd, invasive of privacy or publicity rights, abusing, threatening, harassing, threatening, or otherwise objectionable.
PTB retains the right, but not the obligation, to monitor any activity and Content submitted, posted, uploaded, or otherwise communicated to or by the Website. PTB may block, edit, or remove any Content it deems to be violative of this Agreement, or any other Content of Submissions that PTB deems, in PTB’s sole discretion, to be objectionable or in any way not in furtherance of the goals or purposes of PTB or the Website. However, PTB takes no responsibility and assumes no liability for any Content posted by you, or any damage caused by another user’s access to such content on the PTB site, whether before or after any removal of such Content by PTB. PTB in no way endorses any Content posted to the Website.
Further, PTB may access and use the Website and any information stored thereon, including the contents of any Content of Submissions, for any lawful purpose. Further, we may disclose the contents of any Content or Submissions to any third party, including any law enforcement agency, to protect our rights or property, or for any other reason.
PTB’S INTELLECTUAL PROPERTY RIGHTS
The trademarks, service marks, logos and any designs used or displayed on the Website specific to PTB are trademarks and/or service marks owned by PTB. Any use of copyrighted works, trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior express written permission of PTB is strictly prohibited. Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners. All rights reserved. The appearance of any such third party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.
The website may also contain samples of PTB’s, or its third party licensor’s, programs for informational purposes. These programs cannot be used for any commercial purpose. Moreover, certain technology and programs may be subject to patents or patents pending, and any unauthorized use is strictly prohibited.
PTB can be reached by directing communications to: email@example.com
DIGITAL MILLENIUM COPYRIGHT ACT
If you believe that any Content, Submission, or other material posted on the Website infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
• A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
• Information reasonably sufficient to permit PTB to contact you;
• A statement 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; and,
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact PTB’s designated DMCA Copyright Agent:
Adam R. Bialek
Wilson, Elser, Moskowitz, Edelman & Dicker LLP
3 Gannett Drive
White Plains, NY 10604
ENFORCEMENT OF THE AGREEMENT
PTB may investigate any reported, alleged or suspected violation of this Agreement, and take any action that PTB, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Website or complete termination of such access, at any time.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL PTB, ITS DIRECTORS AND OFFICERS AND EMPLOYEES, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ANY OTHER INDIVIDUAL’S USE OF OR ACCESS TO THE WEBSITE OR ANY ORDERS PLACED THEREON. PTB DOES NOT WARRANT THAT ACCESS TO THE WEBSITE OR PROCESSING AND DELIVERY OF YOUR ORDER WILL BE UNINTERRUPTED OR ERROR-FREE. ADDITIONALLY, PTB DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY PTB TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE OR EFFECTIVE. ADDITIONALLY, PTB DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY YOU TO PTB VIA THE WEBSITE IS ACCURATE OR EFFECTIVE. FURTHER, NEITHER PTB, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE OR PROCESSING OR DELIVERY OF ANY ORDER PLACED ON THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE OR THE PLACEMENT OF ANY ORDER HEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE MATERIALS IS TO STOP USING THE WEBSITE OR THE MATERIALS.
Without limiting the foregoing, everything on the Website is provided to you "AS IS" and PTB SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, ANY SERVICE PROVIDED VIA THE WEBSITE AND ANY ORDER PLACED HEREON.
You agree to defend, indemnify and hold harmless PTB, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:
• Your activities in connection with the Website;
• Any violation of this Agreement by you;
• Any improper or unauthorized use of the Materials by you; and
• Any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Software, Services, Content or any other such service or information which appears on the Website.
To the extent that you voluntarily provide your login, password or member information to another, you agree to be bound by and responsible for their actions hereon.
If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, the Website and its contents are provided solely for providing information. The Website is controlled and operated by PTB from New York. As such, any dispute arising under the Agreement shall be resolved exclusively by New York state or federal courts, applying New York law, regardless of principles of conflicts of law, and, by your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.
LINKS TO OTHER WEBSITES
POLICIES FOR CHILDREN
The Website is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Website under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that PTB discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998.
Please see the Federal Trade Commission's website for this act: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/ for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
© 2008, Prime Time Butcher, Inc. & Prime Time Butcher of Roslyn Heights, Inc., All rights reserved.