Terms of Service

Revised March 26 2023

 
Agreement between User and https://beefinitiative.com
Welcome to https://beefinitiative.com. The https://beefinitiative.com website (the “Site”) is comprised of various web pages operated by The Beef Initiative, Inc.. https://beefinitiative.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://beefinitiative.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
 
https://beefinitiative.com is a Blog and Beef Education Site.
 
Providing a platform for ranchers to post their company, and to connect them with customers looking for the best grassfed beef.
 
Privacy
Your use of https://beefinitiative.com is subject to The Beef Initiative, Inc.’s Terms of Service. Please review our Terms of Service, which also governs the Site and informs users of our data collection practices.
 
Electronic Communications
Visiting https://beefinitiative.com or sending emails to The Beef Initiative, Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
 
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Beef Initiative, Inc. is not responsible for third party access to your account that results from theft or misappropriation of your account. The Beef Initiative, Inc. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
 
Children Under Thirteen
The Beef Initiative, Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://beefinitiative.com only with permission of a parent or guardian.
 
Payment Processing
We use Stripe Connect to process all payments and transfers in connection with the Services. To review Stripe’s privacy policy and terms of service, please see https://stripe.com/privacy.
 
Cancellation/Refund Policy
You may cancel your subscription at any time. Services will continue to operate for the month paid and seize thereafter. Please contact us at support@beefinitiative.com with any questions.
 
Links to Third Party Sites/Third Party Services
https://beefinitiative.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Beef Initiative, Inc. and The Beef Initiative, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Beef Initiative, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Beef Initiative, Inc. of the site or any association with its operators.
 
Certain services made available via https://beefinitiative.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://beefinitiative.com domain, you hereby acknowledge and consent that The Beef Initiative, Inc. may share such information and data with any third party with whom The Beef Initiative, Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of https://beefinitiative.com users and customers.
 
 
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://beefinitiative.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Beef Initiative, Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
 
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Beef Initiative, Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
 
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Beef Initiative, Inc. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Beef Initiative, Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Beef Initiative, Inc. or our licensors except as expressly authorized by these Terms.
 
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
 
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
 
The Beef Initiative, Inc. has no obligation to monitor the Communication Services. However, The Beef Initiative, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Beef Initiative, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
 
The Beef Initiative, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Beef Initiative, Inc.’s sole discretion.
 
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Beef Initiative, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Beef Initiative, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The Beef Initiative, Inc. spokespersons, and their views do not necessarily reflect those of The Beef Initiative, Inc..
 
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
 
Materials Provided to https://beefinitiative.com or Posted on Any The Beef Initiative, Inc. Web Page
The Beef Initiative, Inc. does not claim ownership of the materials you provide to https://beefinitiative.com (including feedback and suggestions) or post, upload, input or submit to any The Beef Initiative, Inc. Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Beef Initiative, Inc., our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
 
No compensation will be paid with respect to the use of your Submission, as provided herein. The Beef Initiative, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Beef Initiative, Inc.’s sole discretion.
 
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
 
Third Party Accounts
You will be able to connect your The Beef Initiative, Inc. account to third party accounts. By connecting your The Beef Initiative, Inc. account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
 
International Users
The Service is controlled, operated and administered by The Beef Initiative, Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Beef Initiative, Inc. Content accessed through https://beefinitiative.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
 
Indemnification
You agree to indemnify, defend and hold harmless The Beef Initiative, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Beef Initiative, Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Beef Initiative, Inc. in asserting any available defenses.
 
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
 
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Beef Initiative, Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
 
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The Beef Initiative, Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
 
The Beef Initiative, Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. The Beef Initiative, Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Beef Initiative, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The Beef Initiative, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
 
Termination/Access Restriction
The Beef Initiative, Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
 
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Beef Initiative, Inc. as a result of this agreement or use of the Site. The Beef Initiative, Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Beef Initiative, Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Beef Initiative, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
 
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Beef Initiative, Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Beef Initiative, Inc. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
 
Changes to Terms
The Beef Initiative, Inc. reserves the right, in its sole discretion, to change the Terms under which https://beefinitiative.com is offered. The most current version of the Terms will supersede all previous versions. The Beef Initiative, Inc. encourages you to periodically review the Terms to stay informed of our updates.
 

Beef Initiative Terms of Affiliate Rewards


The Beef Initiative, Inc. (“Beef Initiative” or “we”) offers Rewards (defined below) for certain referrals completed through its websites, mobile applications, and other related platforms (collectively, the “Beef Initiative Platforms”). The Rewards and eligibility to receive the Rewards are subject to these Terms of Rewards (“Agreement). The Rewards can be denominated in bitcoin or other currency (also referred to as “rewards,” or “earnings”), on Eligible Referrals (defined below). This Agreement constitutes a legally binding agreement between each individual who receives Rewards or otherwise uses any one of the Beef Initiative Platforms (“Member” or “you”). Beef Initiative reserves the right to change or modify this Agreement at any time and in our sole discretion. If Beef Initiative makes changes to this Agreement, we will provide notice of such changes, by providing notice through the Beef Initiative Platforms, by e-mail and/or by updating this Agreement (as indicated by the “Last Updated” date found at the top of this Agreement) on the Beef Initiative website (found at https://beefinitiative.com/terms) and/or on the Beef Initiative mobile application for iOS and Android. You agree to receive app-based notifications through these means and your continued use of the Beef Initiative Platform(s) to earn Rewards will indicate your acceptance of the revised Agreement. If you do not agree to any amended Agreement, you must stop using the Beef Initiative Platform(s). By enrolling in or using any Beef Initiative Platform, you acknowledge that you have read and understood this Agreement and agree to be bound by all of its terms. BY USING ANY BEEF INITIATIVE PLATFORM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING AN BEEF INITIATIVE PLATFORM ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU HEREBY REPRESENT AND WARRANT TO US THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. IF YOU DO NOT HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT, YOU HEREBY INDEMNIFY AND RELEASE BEEF INITIATIVE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF BEEF INITIATIVE PLATFORMS. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 18 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. IF YOU DO NOT AGREE TO THIS AGREEMENT, IMMEDIATELY STOP USING ALL BEEF INITIATIVE PLATFORMS AND DO NOT USE ANY SERVICE OR PURCHASE OR RECEIVE ANY PRODUCT, GOOD, OR SERVICE OFFERED THROUGH THE BEEF INITIATIVE PLATFORMS. PLEASE REVIEW THE FOLLOWING SECTIONS OF THIS AGREEMENT CAREFULLY: (A) LIMITATION OF LIABILITY IN SECTION 16, (B) INDEMNIFICATION IN SECTION 14, (C) ARBITRATION CLAUSE IN SECTION 18, AND (D) WARRANTY DISCLAIMER IN SECTION 15 BELOW.


  1. Eligible Members
    To become a Member, you must be a natural person, at least 18 years old and provide a verifiable email address and password in order for Beef Initiative to create your Beef Initiative Platform account (“Account”). Each individual person is limited to one Account. Any and all information collected from you shall be subject to our Privacy Policy, a copy of which is located at: https://www.beefinitiative.com/privacy and which is hereby incorporated by reference (the “Privacy Policy”).


  2. Beef Initiative Rewards
    For each Eligible Rewards (as defined in Section 3.1), Beef Initiative may grant you certain Rewards, in accordance with this Agreement. Eligibility to receive Rewards and the opportunity to receive Rewards are offered at the sole discretion of Beef Initiative and subject to your compliance with this Agreement and any other applicable agreements. Beef Initiative reserves the right to change, upgrade, or discontinue its Rewards offers and any Beef Initiative Platform or any features related thereto, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by Beef Initiative or its licensors.


  3. Earning Rewards
    3.1. Eligible Rewards. Beef Initiative may make available, on the Beef Initiative Platforms, affiliate links assigned to user accounts. In order to qualify for Rewards, you must (i) have an Account; and (ii) one of the following events must occur in accordance with applicable terms and conditions (each, an “Eligible Rewards”): (a) a Company whom you successfully referred to an Beef Initiative Platform via a QR code, link, or other Beef Initiative-enabled mechanism completes a purchase of a Sponsored Listing or Subscription; or (b) a User whom you successfully referred to an Beef Initiative Platform via a QR code, link, or other Beef Initiative-enabled mechanism completes a purchase of a Sponsored Listing or Subscription. 3.2 Rewards Adjustments. The Rewards are subject to adjustment (as further detailed in Section 7 below) in the result of returns, refunds, chargebacks, and/or other determinations that the Rewards do not comply with these Terms. All Rewards are deemed pending for a period of thirty days after the Eligible Rewards and cannot be accessed until after the pending period. Rewards are not guaranteed. Beef Initiative may change the criteria for Eligible Rewards at any time and may, but is not obligated to, notify you of those changes via notifications on Beef Initiative Platforms, email, text, and/or updates to this Agreement. 3.3. Valid Account to Withdraw. In order to withdraw Rewards, you must have a registered Account with a valid and verified email address and password. Anonymous accounts may be eligible to earn Rewards, but anonymous accounts cannot withdraw Rewards until it is linked with a valid and verified email account. 3.4. Rewards Unsecured. The Account is not a financial account and does not carry a balance in US dollars (“USD”), bitcoin, or in any other fiat or cryptocurrency on your behalf; it merely (1) records a general unsecured commercial obligation (the “Rewards”) to you by Beef Initiative, as described herein, and (2) allows Beef Initiative to coordinate your participation in the program. “Earn bitcoin” or “earning bitcoin”, “earning sats” or "earning rewards” and other similar terms used herein and in connection with the Beef Initiative Platforms means the right to be paid accrued Rewards added to your Account by Beef Initiative, subject to this Agreement, whether in USD or bitcoin terms, as currency (e.g. bitcoin, USD, etc.) payouts, voucher payouts, etc., as determined within Beef Initiative’s sole discretion. It does not mean that the Rewards, or any funds whatever, are held on your behalf. Further, by agreeing to these terms, you represent that you understand that you do not have right, legal title, or a security interest in any particular assets of Beef Initiative, and you understand and agree that the only remedies available to you for controversies arising from this Agreement or your use of Beef Initiative Platforms generally are subject to this Agreement (e.g. Section 18). 3.5 Calculating Rewards. Each Eligible Rewards shall occur on an applicable transaction date, and Beef Initiative shall calculate your eligible Reward amount on a per-Eligible Rewards basis using (i) the USD value on the applicable transaction date, and (ii) the applicable amount or percentage of the amount of your Eligible Rewards, which may or may not be communicated to you prior to the Eligible Rewards, and which may further vary from time to time or Eligible Rewards to Eligible Rewards, at Beef Initiative’s sole discretion. Beef Initiative calculates the value as determined by Beef Initiative in its sole discretion. All calculations and determinations, including the determination of reward value on any given transaction date and whether any particular transaction meets the requirements for a Eligible Reward, shall be performed by Beef Initiative at its sole discretion. You agree to release Beef Initiative from, and Beef Initiative hereby disclaims, any and all liability in connection with any disputes over the value of the rewards on any given date. 3.6 No Consideration for Rewards. You hereby acknowledge and agree that any Rewards granted to you by Beef Initiative in connection with an Eligible Rewards are given without consideration or payment of any kind from you. Beef Initiative may make reasonable adjustments to any reward amounts, including adjustments to the balance in your Account, at any time without advance notice if in its reasonable judgment Beef Initiative finds such adjustments are necessary. 3.7 Limitations. Your Account may not have an excess of ten thousand dollars ($10,000) of value (the “Account Limit”) or more on any day. The Account Limit includes Rewards marked pending and final. You will not receive Rewards for a Eligible Rewards if such Rewards would cause either (i) your Account balance to exceed the Account Limit, based on our calculation of the value of Bitcoin on that day, or (ii) the total of all your redemptions (as described in Section 8 below) executed that day plus your Account balance to exceed the Account Limit. The Account Limit shall not apply to any individual Eligible Rewards that itself exceeds the Account Limit. For example, if you earn one bitcoin in an Eligible Rewards, and that bitcoin’s value is greater than $10,000, that bitcoin shall not apply towards your Account Limit. Additionally, you may not transfer any Rewards in your Account to other Members, or cause Rewards for a Eligible Rewards to be credited to another Member. Your Account, including any Rewards contained in it, may not be assigned or granted to, or inherited by, any other person or party.


  4. Exclusions
    Rewards are granted by Beef Initiative exclude taxes, fees, discounts or credits, returns or cancellations, and chargebacks. Rewards may not be purchased. Beef Initiative uses reasonable efforts to maintain a list of exclusions. The list of exclusions is subject to change without notice, and Beef Initiative hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions. If you receive Rewards and we later discover that you did not have an Eligible Rewards for those Rewards or that you manufactured spend through your own use or by permitting others to transact on your Account, you may forfeit future Rewards earnings, or we may apply future Rewards or any Rewards not yet redeemed until enough Rewards are accrued to cover it. The Rewards are designed for consumer spend only and may not be manipulated or converted into a commercial spend or financial transaction instrument. In addition, if you make a purchase and your Account is credited with Rewards, any later return, reversal, cancellation or dispute involving any part of the Eligible Rewards will result in your Rewards balance being reversed, debited or cancelled (in whole or part) to reflect that portion of the purchase which has been returned, reversed, cancelled or disputed and may cause your Rewards balance to go negative. We may also take any other action we deem appropriate.


  5. Limited License
    Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the Beef Initiative Platforms for your personal use that may lead to Rewards. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement.


  6. Restrictions on Usage
    You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Beef Initiative Platforms; (ii) introduce into the Beef Initiative Platforms any code intended to disrupt the Platform or Rewards; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Beef Initiative Platforms (collectively, “Content”); (iv) access the Beef Initiative Platforms by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from Beef Initiative; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any Beef Initiative Platform for any reason; (vii) rent, sell, or sublicense any of the Beef Initiative Platforms; (viii) provide any unauthorized third party with access to the Platform(s); (ix) access confidential Content through the Beef Initiative Platforms; (x) interfere with the operation of the Platform(s) and/or provision of Rewards, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Beef Initiative Platforms that is defamatory, obscene, or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Beef Initiative Platform(s); (xiii) engage in any activity that does not comply applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program.


  7. Account Maintenance and Updates
    7.1 Account Adjustments. In our sole discretion, we may deduct reward credits from your Account in order to make adjustments for returns and cancellations with respect to Eligible Rewards. Any such adjustments, however, will be made in accordance with this Agreement, any applicable Beef Initiative policies and terms, and any and all applicable laws, rules, and regulations. It is your responsibility to check your Account regularly to ensure that Rewards have been properly credited and redeemed and that your Account balance is accurate. If you believe that Rewards have not been correctly credited to your Account, you must contact Beef Initiative Support within thirty (30) days of the Eligible Rewards. Should you disagree with any adjustments made to your Account or payments made to you, your sole remedy is to cease using the Beef Initiative Platforms. 7.2 Misapplied Rewards. In the event we determine, in our sole discretion, that you have been credited rewards which were misapplied by us for any reason, we may deduct the misapplied rewards from your Account. If you have redeemed the misapplied rewards, you agree to promptly return to us the balance of the misapplied rewards, less $100, which you may keep. If you refuse to promptly return the misapplied redeemed rewards, you agree to reimburse us for all costs and reasonable attorneys’ fees associated with our recovery of the misapplied redeemed rewards. 7.3 Taxes. You may be taxed on your receipt of Rewards depending on the tax laws of federal, state, and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with the Program. We may need to collect certain identifying information from you in order to fulfill our tax reporting obligations, and in the event you are unable or unwilling to provide such information, you may forfeit your Rewards. 7.4 Updating Your Account. You agree to keep your Account information current, complete, and accurate by periodically updating the information through the Beef Initiative Platforms. You must be logged into Beef Initiative and enter your password to change your Account information. You may check your Account status and recent Rewards history at any time via the Beef Initiative Platforms. You will maintain the confidentiality of your Account information, including username and password by which you access the Beef Initiative Platforms. Any use of your username or password will be deemed to be your use, and Beef Initiative is entitled to act on instructions received under your password and is not responsible for any changes made to your Account or redemption of Rewards made by someone else who uses your password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no further obligation to investigate the propriety of such instruction. 7.5 Maintaining Your Active Account. An Active Account means you must have completed a purchase on a Beef Initiative Platform in the last twelve (12) calendar months. If your Account becomes inactive, Beef Initiative may also elect, at its sole discretion, to close your Account permanently and cease to maintain your Account records and Beef Initiative Platform access. You hereby acknowledge and agree that by failing to maintain an Active Account you abandon any claim and forfeit all rights to the Rewards in your Account at that time and any associated gains or losses. Beef Initiative shall not be liable to you for the value of any Rewards, or any gains or losses associated with the value of the Rewards in your Account, at the time your Account is closed for inactivity in accordance with this Section. 7.6 Fraudulent Activity. We reserve the right to investigate any purchase transactions, referral activity, or interaction with any Beef Initiative Platform that we believe, in our sole discretion, is abusing or has abused Beef Initiative or any Beef Initiative Platform. We reserve the right to rescind any Rewards accrued by, bar further Rewards to, and/or terminate the membership of, any Member that we believe, in our sole discretion, is abusing or has abused Beef Initiative or any Beef Initiative Platform, including, but not limited to, by engaging in a pattern of returning products after the corresponding Bitcoin has been credited, or making fraudulent referrals and/or Eligible Rewards by creating multiple Accounts. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Rewards, or any misrepresentation of any information furnished to Beef Initiative by you or anyone acting on your behalf will result in the termination of your membership and forfeiture of your accrued Rewards. If Beef Initiative has any reason to suspect fraudulent activity is associated with your Account, Beef Initiative reserves the right to delay or withhold redemption of Rewards. Any suspected or actual cases of fraud activity will be escalated and reviewed at Beef Initiative’s sole discretion and may result in civil or criminal penalties.


  8. Assumption of Risk
    8.1. Bitcoin Value. BITCOIN VALUES CAN FLUCTUATE SUBSTANTIALLY WHICH MAY RESULT IN A TOTAL LOSS OF THE VALUE OF YOUR REWARDS. BEEF INITIATIVE DOES NOT OWN OR CONTROL ANY OF THE SOFTWARE PROTOCOLS THAT ARE USED IN CONNECTION WITH THE BITCOIN VALUATION. ACCORDINGLY, BEEF INITIATIVE DISCLAIMS ALL LIABILITY RELATING TO ANY VALUATION FLUCTUATIONS IN THE REWARDS, AND MAKES NO GUARANTEES REGARDING THE SECURITY, FUNCTIONALITY, OR AVAILABILITY OF SUCH PROTOCOLS. 8.2 Protocol Forks. BY USING THE BEEF INITIATIVE PLATFORMS, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING PROTOCOLS ARE SUBJECT TO SUDDEN CHANGES IN OPERATING RULES (KNOWN AS “FORKS”), AND THAT SUCH FORKS MAY MATERIALLY AFFECT THE VALUE, FUNCTION, AND/OR EVEN THE NAME OF THE BITCOIN TO WHICH THE REWARDS ARE PEGGED. IN THE EVENT OF A FORK, YOU AGREE THAT WE MAY TEMPORARILY SUSPEND OPERATIONS (WITH OR WITHOUT ADVANCE NOTICE TO YOU) AND THAT WE MAY, IN OUR SOLE DISCRETION, DECIDE WHETHER OR NOT TO ADJUST YOUR REWARD BALANCE AS A RESULT OF THE FORKED PROTOCOL. 8.3 Risk of System Failure. YOU ACCEPT ALL RISKS ASSOCIATED WITH THE USE OF THE REWARDS BEING ASSOCIATED WITH BITCOIN, AND ANY FAILURES THAT MIGHT ARISE AS A RESULT THEREOF, INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH THE FAILURE OF HARDWARE, SOFTWARE, AND INTERNET CONNECTIONS. THE NATURE OF BITCOIN MEANS THAT ANY TECHNOLOGICAL DIFFICULTIES EXPERIENCED BY BEEF INITIATIVE MAY PREVENT BEEF INITIATIVE FROM BEING ABLE TO SUCCESSFULLY REDEEM YOUR REWARDS FOR BITCOIN. 8.4 Market Disruption. You agree that we are not liable for any price fluctuations in Bitcoin. In the event of a market disruption, we may do one or more of the following: (a) suspend Rewards earning or redemptions; or (b) prevent you from completing any actions via the Beef Initiative Platforms. We will not be liable for any losses suffered by you resulting from such actions. Following any such event, when the Beef Initiative Platforms resume, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event. 8.5 No Liability for Unauthorized Access. Our responsibility is limited to the exercise of ordinary diligence in giving access to redeemed Rewards upon request and in preventing access to your Rewards by unauthorized persons. We are not responsible for any unauthorized access or loss or harm an unauthorized access cause, unless caused only by our gross negligence or our willful misconduct. 8.6 Risks Inherent to Bitcoin. (a) Bitcoin transactions are irreversible, and, accordingly losses due to fraudulent or accidental transactions may not be recoverable and Beef Initiative shall not be held liable for any fraudulent or accidental transactions; (b) Bitcoin is not legal tender and is not backed by a government or central bank and Beef Initiative is not a bank. As such, there is no protection, such as deposit insurance, to cover any losses associated with Bitcoin; (c) legislative and regulatory changes or actions at the state, federal or international level may adversely affect the use, transfer, exchange, and value of Bitcoin—the Bitcoin public ledger blockchain is maintained by a vast unidentified private computer network spread around the world and choosing to participate in Bitcoin is at your own risk and understanding of this network; (d) Bitcoin is a target for fraud and the potential for fraud is especially likely when you engage in transactions with external Bitcoin addresses; (e) Bitcoin is a target for hackers and hacking can occur even when you use the strongest security settings and as such your Bitcoin may be irretrievably stolen; (f) your bank accounts are at increased risk of being hacked when linked to Bitcoin accounts; (g) some Bitcoin transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you have initiated the transaction; (h) the value of Bitcoin may be derived from the continued willingness of market participants to exchange fiat currency for Bitcoin, which may result in the potential for permanent and total loss of value of a particular Bitcoin should the market for that Bitcoin disappear; (i) there is no assurance that a person who accepts Bitcoin as payment today will continue to do so in the future; (j) the volatility and unpredictability of the price of Bitcoin relative to fiat currency may result in significant loss over a short period of time; and (k) Beef Initiative is not obligated to hold any bond or trust account to cover any losses incurred by any Members; and (l) in the event that Beef Initiative holds such bond or trust account, any bond or trust account held by Beef Initiative may not be sufficient to cover all losses incurred by our customers.


  9. Communications from Beef Initiative
    By signing up to be a Member, you agree to receive communications that are account and membership related (e.g., that you’ve received Rewards) as well as periodic shopping-related emails or app notifications that highlight special deals that are available to Beef Initiative Members. We may communicate with you regarding your membership and/or Beef Initiative Platforms by electronic communications or direct mail using information you provided during the registration process. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change subsequent to the date you become a Member. We may also send you push notifications if you install the mobile application. You may opt out of receiving certain communications in accordance with our Privacy Policy.


  10. Exports of Beef Initiative Platforms
    Beef Initiative Platforms and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. If you are a U.S. government end user, we are licensing the Beef Initiative Platform(s) to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Beef Initiative Platform(s) are the same as the rights we grant to all others under this Agreement.


  11. Third-Party Platforms
    Beef Initiative uses a third-party, Stripe. (“Stripe”), to facilitate Eligible Rewards and the distribution of Rewards. By enrolling in or using any Beef Initiative Platform, you acknowledge that you have read and understand Stripe’s Terms and Conditions (found at https://www.stripe.com/terms-and-conditions/) and Stripe’s Privacy Policy (found at https://www.stripe.com/privacy-policy/) and further agree to be bound by all terms found therein. Additionally, when you access or use the Beef Initiative Platforms, we may make available other services from one or more third parties (“Third-Party Platforms”). The Beef Initiative Platforms may support Third Party Platforms, including without limitation Twitter, Facebook and/or Google, to make it easier for you to sign in or create your Beef Initiative Account. Any use of Third Party Platforms to create and access your Beef Initiative Account are subject to the terms and conditions and privacy policies of such third parties (“Third Party Terms”).


  12. Acknowledgment of Community Standards
    By having an Account with an Beef Initiative Platform, you are becoming a Member of a community that depends on the goodwill and responsible behavior of each of our Members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Beef Initiative Platforms, our employees, contractors or agents, or other Members. This includes communications by means of social media or other Internet posts which violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Beef Initiative Platforms suspended or terminated without prior notice. For the avoidance of doubt, any Member whose access is so terminated forfeits all rights to any accrued Rewards in his or her Account


  13. Ownership
    All right, title, and interest in the Beef Initiative Platforms and the Content belong to Beef Initiative or its licensors. Additionally, Beef Initiative shall maintain all right, title, and interest in “Beef Initiative,” the Beef Initiative logo, and any other marks, service marks, trademarks, or logos of Beef Initiative (“Beef Initiative Marks”), whether or not such marks are registered in the U.S. and/or other countries. The Beef Initiative Marks may not be used in connection with any product or service that is not Beef Initiative in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Beef Initiative. You shall not by any means bid on any keywords with any search engine containing “Beef Initiative” or anything substantially similar to “Beef Initiative” or any other Beef Initiative Mark including, but not limited to, beefinitiative.com, Beef Initiative.tech, or beefinitiative.com. You shall not mention or use Beef Initiative in any ad text, extensions or banner ads without the express written consent of Beef Initiative. All other trademarks not owned by Beef Initiative that are used in the Beef Initiative Platforms are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Beef Initiative.


  14. Indemnification
    You agree, at your sole expense, to defend, indemnify and hold us, our affiliates, our Merchants, payment processors, financial institutions, our service providers and consultants, and our and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Beef Initiative Platforms; (ii) your violation of this Agreement; or (iii) your violation of the rights of any third-party. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.


  15. Warranty Disclaimer
    THE CONTENT AND THE BEEF INITIATIVE PLATFORMS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE CONTENT OR THE BEEF INITIATIVE PLATFORMS, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE BEEF INITIATIVE PLATFORMS. BEEF INITIATIVE DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE BEEF INITIATIVE PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, BEEF INITIATIVE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY MERCHANTS UTILIZING THE BEEF INITIATIVE PLATFORMS.


  16. Limitation on Liability
    TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: BEEF INITIATIVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE BEEF INITIATIVE PLATFORMS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) BEEF INITIATIVE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE BEEF INITIATIVE PLATFORMS OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS: (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE BEEF INITIATIVE PLATFORMS OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE BEEF INITIATIVE PLATFORMS: AND (C) THE MAXIMUM AGGREGATE LIABILITY OF BEEF INITIATIVE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO BEEF INITIATIVE TO USE THE BEEF INITIATIVE PLATFORMS; AND (2) TEN U.S. DOLLARS ($10). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH BEEF INITIATIVE AND THE AFFILIATED ENTITIES. Applicable law in certain states may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have certain additional rights.


  17. Termination or Suspension
    This Agreement is effective when immediately upon your creation of an Account on an Beef Initiative Platform and will remain in effect until you or we terminate your membership with Beef Initiative or an Beef Initiative Platform. We may terminate this Agreement and your use of or access to the Beef Initiative Platforms at any time, for any reason or no reason. Any violation of this Agreement or the rules and conditions of the Beef Initiative Platforms (including, but not limited to, the Beef Initiative Terms of Service and/or Beef Initiative Privacy Policy) may result in cancellation of your membership to Beef Initiative Platforms, your Account and/or forfeiture of pending or prior Rewards. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part, functionality, feature, or other component of any Beef Initiative Platform. You agree that Beef Initiative will not be liable to you or to any third party for any modification, suspension, or termination of Beef Initiative’s provision of Rewards to you or your access to any of the Beef Initiative Platforms. If you are dissatisfied with any aspect of the Beef Initiative Platforms at any time, your sole and exclusive remedy is to cease participating in the Beef Initiative Platforms. Termination will not prejudice either your or our remedies at law or in equity.


  18. Dispute Resolution & Arbitration
    If a dispute, controversy or claim, of any kind and every kind or type, whether based on contract, tort, statute, regulations, or otherwise, arising out of, or connected with, or relating in any way to this Agreement, or the relationship of the parties, or the obligations of the parties, or the scope of this arbitration agreement, of the operations carried out under this Agreement, including without limitation, any dispute as to the existence, validity, construction, interpretation, negotiation, performance, non-performance, breach, termination, scope, or enforceability of this Agreement, or the breach thereof (any one of which constituting the “Dispute”), and if the Dispute cannot be settled through direct discussions (in the opinion of any party), the parties agree to first endeavor to settle the Dispute in an amicable manner by mediation under the then current Commercial Mediation Rules of the American Arbitration Association (“AAA”), before resorting to arbitration. If the Dispute is not settled by mediation within thirty (30) days of written request for mediation by any party to AAA, then and thereafter any unresolved Dispute, including the arbitrability of any unresolved Dispute, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with the then current AAA Commercial Arbitration Rules with the award being final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any provisional remedy which would be available from a court of law shall be available from the arbitrator to the parties to this Agreement pending arbitration. The Federal Arbitration Act shall govern all arbitration proceedings under this Agreement. This Agreement shall in all other respects be governed and interpreted by the laws of the State of Texas, including its statutes of limitation but excluding any conflicts or choice of law rule or principles that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction. The arbitration shall be conducted in Fort Worth, Texas, by one neutral arbitrator chosen by AAA according to its Commercial Arbitration Rules. Neither party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. All fees and expenses of the arbitration shall be borne by the parties equally who shall make deposits as requested by AAA of each party’s share of the deposits requested. Failure or refusal by a party to pay its share of the requested deposits shall constitute a waiver by the non-paying party of its rights to be heard, present evidence, cross-examine witnesses, and assert counterclaims in the arbitration. Informing the arbitrator of a party’s failure to pay its share of the requested deposits for the purpose of implementing this waiver provision shall not be deemed to affect the arbitrator’s impartiality, neutrality, independence, or ability to proceed with the arbitration. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. The prevailing party, according to the arbitrator, shall be entitled to an award of reasonable attorney’s fees for the arbitration and for all appeals of the award, arbitration fees and administrative expenses, and pre-award and post-award interest at the prevailing Texas statutory pre-judgment and post-judgment interest rates. This agreement to arbitrate shall survive the termination or repudiation of this Agreement.


  19. Assignment
    Beef Initiative may assign this Agreement and its rights or delegate its obligations under without your consent. You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void.


  20. Severability
    If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.


  21. No Waiver
    Enforcement of this Agreement is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.


  22. Refunds & Exchanges Policy
    All sales of The Beef Initiative Beef Boxes are final and non-refundable. By purchasing a Beef Box, you agree to the terms of sale and understand that no refunds or exchanges will be issued for any reason, including but not limited to dissatisfaction with the product, preference for a different product, or shipping delays. In the event of a damaged or defective product, please contact us within 48 hours of receipt for assistance.


  23. Events
    By attending an event promoted by The Beef Initiative Inc. or through the Site (the “Event”), you irrevocably grant permission to the organizers of such Event the right to photograph you, and to use any and all photographic or other images taken of you at the Event. Furthermore, by attending an Event, you agree to expressly waive and release any and all claims, now or hereafter known, against the Event organizers as well as the owners of the property on which the Event takes place arising out of or attributable to your being on the property and your attendance at the Event, whether arising out of the ordinary negligence of the property owners or any reason otherwise. You covenant not to make or bring any such claim against the property owners, the Event organizers or any other related party, and forever release and discharge the property owners, the Event organizers and all other related parties from liability under such claims.


  24. Entire Agreement; Conflicts
    This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral (including without limitation, earlier versions of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your non-termination and continued participation in the or use of any Beef Initiative Platform after modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof. In the event of a conflict between the terms of this Agreement and the terms of another agreement between you and Beef Initiative, the terms of this Agreement shall govern unless otherwise specified herein or therein.


  25. No Reliance
    You acknowledge that you have read this Agreement, and that in entering into it, you are not acting or relying on any representations, warranties, agreements, or inducements other than those expressly made herein. It is agreed and acknowledged that you are acting fully and freely upon your own investigation and knowledge and that you voluntarily bind yourself by this Agreement of your own free will. In creating an Account and accepting this Agreement, you further acknowledge that you have had the opportunity to rely upon the advice of counsel of your own selection. Because you extensively reviewed this Agreement prior to your acceptance of it, this Agreement shall be interpreted without regard to the party who drafted the Agreement.


  26. Contact Us
    Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.


The Beef Initiative, Inc. welcomes your questions or comments regarding the Terms:
 
The Beef Initiative, Inc.
3911 4th St Suite 113
Lubbock, Texas 79409
 
 
Email Address:
support@beefinitiative.com
 
 
Effective as of January 1, 2022