Effective December 15, 2018
Meat Solutions, Inc. is the owner and operator of the site QCCutTest.com (the “site”). This is a legally binding agreement (“Agreement”) between you (“User”), and Meat Solutions, Inc., hereinafter referred to as the “Company,” regarding your rights to use Product(s) provided directly by the Company or made available through the Company’s Site(s) under this license. “You” and “User” refer to the purchasing entity, whether that is a natural person who must be at least 18 years of age, or a corporate or otherwise registered entity. The rights granted in this agreement are granted to the purchasing entity. The license granted is not transferable by User to any third party.
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree” to this Agreement, User signifies your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this site ("QCCutTest.com") reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. The Company reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors as well.
LICENSE TO USE THIS SITE
Upon your acceptance of this to this Agreement, the Company hereby grants User a non-exclusive, non-transferable, revocable, limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of the Company, its successors, and assigns and such content and services are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws as applicable, in the U.S. and internationally.
Material failure to abide by the terms of this Agreement immediately terminates User’s right and license to utilize and access the site.
Except as may be explicitly permitted through this site, you agree not to sell, license, rent, lease, modify, or create derivative works from materials, code or content on or from this site. Use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by the Company for used of the site QCCutTest.com, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its successors, assigns.
Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. By using this site, you agree that such use shall be incompliance with applicable state, U.S., domestic, and international laws, regulations, and customs.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation state, U.S., domestic, and international laws, regulations, and customs and/or without all required U.S. and foreign government licenses.
USE OF SITE
FEES AND PAYMENT
Following any applicable trial period, User’s license and use of the site is contingent on the timely payment of fees as provided for in the Company’s fee schedule. Company accepts the following forms of payment:
- Direct Invoice
- Credit Card number taken manually over the phone
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Company bills you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. Company reserves the right to change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. Company reserves the right to correct any errors or mistakes in pricing, even if it has already requested or received payment. Company also reserves the right to refuse any order placed through the Site.
If you choose to do so, you may select a paid account that fits your needs. We offer a variety of plans. Users who previously created accounts and have prior plans with us are able to continue using their prior payment plan unless they upgrade or downgrade their accounts. Any upgrades will occur immediately at a prorated rate. Any downgrades to a user’s account will take place following the end of their current payment term.
Upon payment for User’s plan, Company has a strict no refund policy and you are not entitled to a refund of moneys paid for access to the site under any circumstances.
You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current payment term. All website and policy info will be deleted upon the end of the subscription and User’s license shall terminate upon the effective date of cancellation.
If you are unsatisfied with our services, please email us at firstname.lastname@example.org or call us at 970-622-8164
Company, licensor, or other third party materials, services, or products referenced on this site are common law or registered trademarks or service marks of such parties or are otherwise subject to legal protection. Unlawful use of such materials, services, or products shall subject User to legal action.
THIRD PARTY SITES
You may be transferred to third party sites through links or frames from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Such sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company makes no representations or warranties regarding of the contents of such sites. You acknowledge that Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by the Company. You agree that Company and its licensors have no liability whatsoever relating to or arising from the content of such third party sites.
DISCLAIMER OF WARRANTIES
ANY INFORMATION AVAILABLE TO OR RECEIVED BY USERS FROM THE SITE IS USED AT USER'S SOLE DISCRETION AND ANY ADVICE OR INFORMATION RECEIVED FROM THE COMPANY, WHETHER WRITTEN OR ORAL, OR THROUGH USE OF THE SITE SHALL NOT CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT MATERIALS ON THIS SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESSING THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
COMPANY, ITS OWNERS, AGENTS, DIRECTORS, OFFICERS, MANAGER, ASSOCIATIONS, AFFILIATED ORGANIZATIONS AND PARTICIPATING SUPPLIERS ARE NOT RESPONSIBLE FOR RETAILERS LABELING OF PRODUCTS IN A RETAILER STORES. IT IS THE RETAILERS RESPONSIBILITY TO COMPLY WITH ALL LABELING LAWS. LABELING LAWS CAN VARY FROM STATE TO STATE.
You agree to defend, indemnify, and hold harmless the, the associations, organizations, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Colorado, United States of America. It may be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. By accessing this site, both you and Company agree that the statues and laws of the State of Colorado shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Colorado.
This Agreement incorporates by reference the Site Submission Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an authorized representative of the Compnay. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.
Site Submission Rules
By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, video, software, images, sounds, data, or other information -- that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous obscene, sexually explicit or graphic, or otherwise in violation of this site’s rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any employee or representative of this site or its licensors.
You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in the Company’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.
Any notice under this agreement shall be sent to Company by mail to the following address:
Meat Solutions, Inc.
150 East 29th Street
Loveland, CO 80538
The Company may not assign its rights under this agreement without providing you notice, except in the case of a bankruptcy, merger, acquisition, sale of all or substantially all of Company’s assets to a subsequent owner or operator, or similar event. You may not assign your rights under this agreement without the prior written consent of Company.
Company reserves the right to revise these Site Submission Rules at its discretion, so check back from time to time to be sure you are complying with the current version.