Terms of Use

This web site, any related subdomains, microsites and the Cowboy Wagyu mobile website (collectively, the “site”), is operated by Cowboy Wagyu, LLC (“Cowboy Wagyu”) as a service to our customers. These Terms of Use govern your use of this Site. USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH BELOW. BY ACCEPTING YOU ARE AGREEING TO EVERY PROVISION OF THIS AGREEMENT WHETHER OR NOT YOU HAVE READ IT.

The Terms of Use may be modified at any time, without prior notice. By using this Site following any such change, you agree to be bound by the Terms of Use as changed. It is recommended that you review these Terms of Use each time you visit the Site.

Use of the Site

All materials on this Site, including all images, text, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the “content”), are intended solely for personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Content for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Content; (2) do not modify or alter the Content in any way; and (3) do not provide or make available the Content to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or this Site without first obtaining written permission from Cowboy Wagyu.

Cowboy Wagyu may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice.

Prohibited Uses

Tampering with the Site or misrepresenting the identity of a user or conducting fraudulent activities on the Site is expressly prohibited. Violations of system or network security may result in civil or criminal liability. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for such user or logging into a server or account which user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network Cowboy Wagyu will investigate any and all such occurrences and will involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations.

Privacy

We collect personal information about you. We gather some information through our relationship with you, such as your phone number, address, and information about your preferences. You can find out how we use, share and protect the information we collect about you in our Privacy Policy, which is incorporated into these Terms of Use.

By entering into this agreement you agree to the use of your information in accordance with our Privacy Policy.

Disclaimer of Warranty

THIS SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. ALL INFORMATION ON THIS SITE AND THE SERVICES PROVIDED THERETO ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. FURTHER, COWBOY WAGYU MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING OR RELATING TO THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COWBOY WAGYU SHALL CREATE ANY FORM OF GUARANTEE OR WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COWBOY WAGYU, OR ANY OF ITS SUBSIDIARIES OR AFFILIATES, AS APPLICABLE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE UPON ANY INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COWBOY WAGYU HAS BEEN ADVISED OF THE POTENTIAL OR POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO THE SITE AND ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Copyrights and Trademarks

“Cowboy Wagyu” as well as related product and service names, design marks and slogans, are registered trademarks of Cowboy Wagyu, LLC. Unless otherwise noted, all Content is protected as copyrights, trademarks, service marks, trade names or other intellectual property owned, controlled or licensed by Cowboy Wagyu, one of its affiliates, or by third parties who have licensed their intellectual property to Cowboy Wagyu. As such, all Content is protected by U.S. and international intellectual property laws and treaty provisions, and Cowboy Wagyu reserves all intellectual property rights in all Content on the Site. 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 this Site.

Comments and Feedback

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Cowboy Wagyu on or by the Site or otherwise disclosed, submitted or offered (collectively, Comments) shall be the property of Cowboy Wagyu, which may be used for any purpose including commercial purposes. Any disclosure, submission or offer of any Comments constitutes an assignment of all worldwide rights, title and interest in all copyrights and other intellectual property in the Comments to Cowboy Wagyu. By providing Comments, you acknowledge and agree that any and all Comments submitted by you will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

Orders

a. Pricing and Product Information Cowboy Wagyu strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Cowboy Wagyu reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). Prices and availability of products offered by Cowboy Wagyu are subject to change, sometimes without notice.

b. Limitations

Cowboy Wagyu will make every effort to ensure the accuracy of all information, but reserves the right to limit refunds and replacements and to make corrections if an error occurs. Cowboy Wagyu ships perishable goods and cannot guarantee the condition of the package if there is a discrepancy in your shipping address. We guarantee delivery only to the addresses provided by you; which are confirmed on the order acknowledgement.

On occasion, Cowboy Wagyu may be required, at its own discretion, to limit, modify or cancel quantities purchased per person, per household or per order. In the event we must change to an order, we will notify you.

c. Validating Your Order

After you place an order at the Site using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you. Your receipt of an electronic or other form of order acknowledgement does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Cowboy Wagyu reserves the right at any time after receipt of your order to accept or decline your order for any reason. You may see a pre-authorization hold on the funds necessary for the transaction until your card payment is fully processed. Your payment will not be processed until Cowboy Wagyu accepts your order.

d. Shipping

All orders placed on this Site are subject to product availability and will be shipped according to Cowboy Wagyu’s shipping policies. While we make every effort to ensure the accuracy of all information, we reserve the right to limit refunds and replacements and to make corrections if an error occurs. Please check all shipping addresses carefully. As we are shipping perishable goods we cannot guarantee the condition of the package if our delivery service has to reroute the cooler. We guarantee delivery only to the addresses we are provided; which are confirmed on the order acknowledgement.

Termination of Use

Cowboy Wagyu may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.

Indemnification

You agree to defend, indemnify, and hold Cowboy Wagyu, and their respective affiliates, directors, employees, agents, consultants, licensors, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys fees, arising from or related to your use of the Site, your violation of these Terms of Use or your posting or transmission of any materials on or through the Site.

No Waiver

Failing to enforce any of Cowboy Wagyu’s rights under this agreement in one instance will not constitute a waiver of any other rights or the right to enforce said rights in any other instance.

Governing Law. 

These Terms, and any disputes arising between you and Cowboy Wagyu related in any way to these Terms of Use or Cowboy Wagyus products, including but not limited to disputes over billing, service, privacy, advertising, or communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the State of Texas, without regard to choice of law principles.

Entire Agreement

These Terms of Use represent the entire agreement relating to the content, terms, and statements herein. No other statements by Cowboy Wagyu or any other party may be added to these Terms of Use or modify these Terms of Use unless expressly acknowledged and agreed by Cowboy Wagyu in writing.

Last Updated: October 6, 2020