Terms of service
RIVERBEND RANCH BEEF SUBSCRIPTION AGREEMENT - OTHER TERMS AND CONDITIONS
1. Term. This Agreement will continue in place unless (1) I submit a new Riverbend Ranch Beef Subscription Agreement, (2) I cancel my subscription pursuant to the cancellation rights notice herein, or (3) Riverbend Ranch cancels this Agreement upon written notice to me, which I agree Riverbend Ranch may do at any time in its sole discretion.
2. Method of Payment. I authorize Riverbend Ranch to charge all payments due under this Agreement to the method of payment I provided when I subscribed to the Riverbend Ranch Beef Subscription.
3. Changes and Cancellation. I may change my subscription frequency or bundle selection up to the day prior to my next payment date. I understand that if I cancel my subscription after an order has been processed, I will still receive and be charged for that order. Subscription selections, payment dates, and cancelling this Agreement can be managed at store.riverbendranch.com or by calling (208) 918-4244.
4. Product Description, Pricing, and Availability. The weights shown in marketing material for Riverbend Ranch Beef Subscription bundles are approximate, and my individual bundle weight may vary. Riverbend Ranch reserves the right to change its subscription and product offerings, and to adjust subscription pricing, as it may determine in its sole discretion and at any time with reasonable prior notice. Notwithstanding the foregoing, for the first three months of my subscription, I will pay the price of the bundle I chose when I subscribed. If the price of the bundle I chose as part of my subscription decreases during the first three months of my subscription, I will pay the lower price through the remainder of the first three months of my subscription. If I change my subscription (whether to a different bundle, bundle quantity, or a delivery frequency) within the first three months after I subscribe, I will thereafter pay the then-current price for the bundle I choose. In the fourth month after my subscription begins, I will pay the then-current price of my chosen bundle, as determined by Riverbend Ranch, which price might change from time to time, as described above. Add-on and promotional items I order will always be charged at the then-current price and are not subject to the three month price-lock described above. I understand that all orders I place are subject to product availability. To the extent any product I have selected is unavailable at the time of shipment, Riverbend Ranch may substitute that product with a comparable product of equal or greater value.
5. Shipping. Products will be shipped to the address I designate, provided that the address is within a delivery area approved by Riverbend Ranch, which approval is within Riverbend Ranch’s sole discretion. Riverbend Ranch may not be able to ship to some remote areas. I will provide a valid physical street address for delivery within the United States, as Riverbend Ranch cannot ship to PO boxes, APO/FPO addresses, and other similar addresses. I agree that I am responsible to make sure that my shipping address is correct. All orders will be delivered to the address I designate with no signature required, and deliveries may be left at any exterior door or gate. I understand that risk of loss for all products I purchase will pass to me once the product has been delivered to my designated address. Riverbend Ranch is not responsible for incorrect or incomplete shipping addresses, and Riverbend Ranch cannot guarantee the condition of the products if the carrier has to reroute my package.
6. Resale of Products. I understand Riverbend Ranch commitment to product freshness, product safety, and product quality; therefore, I will not offer Riverbend Ranch Beef products for sale or resale. This obligation will continue even if this Agreement is canceled. The parties agree that claims or disputes regarding this Paragraph 6 are not subject to binding arbitration, and may be the subject of legal action, which may include an award of damages and/or injunctive relief. To the extent permitted by law, damages for a violation of this Paragraph 6 shall include, but are not limited to, reasonable attorneys’ fees and costs.
7. Customer Satisfaction Policy. I understand that Riverbend Ranch Beef products are perishable and cannot be restocked or resold and, therefore, Riverbend Ranch cannot accept returns. Instead, if I am dissatisfied with any Riverbend Ranch Beef products I receive, Riverbend Ranch will work with me toward a resolution. To facilitate the resolution, I agree to open my order as soon as I receive it and, if anything is wrong, I will contact Riverbend Ranch immediately at info@riverbendranch.com or (208) 918-4244. I understand that Riverbend Ranch may ask me to provide photos of the product labels and reported damage to help Riverbend Ranch assess any damage. Riverbend Ranch guarantees complete satisfaction, including order accuracy and condition. Riverbend Ranch cannot guarantee orders affected by an incorrect shipping address, failure to retrieve orders promptly after delivery, or refusal of product delivery.
8. Dispute Resolution. I agree that before pursuing any claims or disputes against Riverbend Ranch (or its officers, shareholders, employees, or affiliates) in any arbitration or court proceeding, I must first give Riverbend ranch a reasonable opportunity to resolve my claims or disputes by sending written notice to Riverbend Ranch, 4609 West 65th South, Idaho Falls, ID 83402, Attn: Legal Department. My written notice must describe with reasonable particularity the nature of my claims or disputes and enclose all supporting documentation. Riverbend Ranch and I agree to negotiate in good faith to seek a mutually satisfactory resolution of my claims or disputes; however, if Riverbend Ranch and I cannot agree upon a mutually satisfactory resolution within thirty (30) calendar days after Riverbend Ranch receives written notice of my claims or disputes, I may pursue them in arbitration or, solely to the extent provided below, in court. To the extent permitted by applicable law, and unless otherwise expressly agreed to in writing, except for claims or disputes regarding Paragraph 6 of this Agreement, all claims or disputes of any nature between me and Riverbend Ranch (or its officers, shareholders, employees, or affiliates), if not resolved by mutual agreement, shall be resolved by binding arbitration, except for any claims or disputes involving defamation, fraud, or any violation of the intellectual property rights of Riverbend Ranch or of any third party.
RIVERBEND RANCH AND I AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. RIVERBEND RANCH AND I ALSO AGREE THAT, BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY FOR ALL CLAIMS SUBJECT TO BINDING ARBITRATION. All arbitration hearings shall take place in the State of Idaho. This Agreement shall be governed by the laws of the State of Idaho and the Federal Arbitration Act (“FAA”). If any conflict exists between Idaho law and the FAA, the FAA will govern. This arbitration provision, in whole or in part, shall survive termination, cancellation, or suspension of this agreement. AS TO CLAIMS OR DISPUTES REGARDING PARAGRAPH 8 OF THIS AGREEMENT, DEFAMATION, FRAUD, OR ANY VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF RIVERBEND RANCH OR OF ANY THIRD PARTY, RIVERBEND RANCH AND I AGREE THAT ALL SUCH CLAIMS OR DISPUTES SHALL BE BROUGHT AND MAINTAINED IN BONNEVILLE COUNTY DISTRICT COURT, IN IDAHO FALLS, IDAHO, OR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO. RIVERBEND RANCH AND I AGREE TO WAIVE ANY DEFENSE THAT EACH PARTY MAY HAVE BASED ON LACK OF PERSONAL JURISDICTION OR IMPROPER VENUE AND TO SUBJECT THEMSELVES TO THE JURISDICTION OF ANY SUCH AFORESAID COURT. RIVERBEND RANCH AND I AGREE THAT DAMAGES FOR ANY SUCH NON-ARBITRABLE CLAIMS OR DISPUTES SHALL INCLUDE, BUT ARE NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND COSTS.
9. Amendments. Upon thirty (30) days’ notice, Riverbend Ranch may, at its sole discretion, amend this Riverbend Ranch Beef Subscription Agreement. By entering into this Agreement, I agree to abide by any and all such amendments and that my only remedy for not accepting any such amendments is to cancel this Agreement prior to the conclusion of the 30-day notification period. My receipt of my selected subscription bundle more than thirty (30) days after Riverbend Ranch sends written notice of any amendment will constitute my acceptance of the amendment. The parties agree that no rule of contract interpretation shall apply to construe any provision of this Agreement against the drafter.