Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  BY ACCESSING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, THEN YOU SHOULD NOT ACCESS OR OTHERWISE USE THIS WEBSITE.

Applicability and Acceptance of Terms and Conditions of Use.  Except as otherwise set forth herein, these general terms and conditions of use (“Terms and Conditions”) govern your use of www.suzysirloin.com (the “Site”).  Suzy Sirloin®, Inc., its subsidiaries and affiliates, and their employees, officers, directors, and agents are collectively referred to in these Terms and Conditions as “TSR,” “we,” “our,” or “us.”  By accessing and using our Site, you acknowledge that you have read and agree to these Terms and Conditions.  If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit the Site.  We may take any action we deem appropriate, including, but not limited to, restricting your access to the Site or terminating our services to you if we determine, in our sole discretion, that you have violated these Terms and Conditions.

Other Applicable Terms and Conditions.  These Terms and Conditions do not govern products and services available from us (even those products and services that may be ordered or provided by us through our Site) to the extent that any specific terms and conditions apply to such products and services.  Those products and services are instead governed by the specific agreements, policies, instructions, statements, laws, and regulations relating to such products and services, and such governing documents will control in the event of a conflict with these Terms and Conditions or any material contained on our Site.

Contact Us.  For further information or to contact us with questions, concerns, or comments, you may email us at [email protected] Although we will, in most circumstances, be able to receive your email or other information provided through our Site, we do not guarantee that we will receive all such email or other information timely and accurately.  We shall not be legally obligated to read, act on, or respond to any such email or other information.

Revisions to Terms and Conditions.  Please refer to these Terms and Conditions regularly.  We may at any time and without prior notice revise these Terms and Conditions by updating this posting.  Your continued use of our Site following posting of changes to these Terms and Conditions signifies that you accept such revisions.

Copyright.  All content included on our Site and its related software are the property of us and/or our content providers, and is protected by copyright law.  We and our content providers retain all right, title, and interest in and to our Site’s content.  We grant you the nonexclusive, nontransferable, limited, and revocable right to print individual pages from our Site, without alteration, for your own personal, noncommercial use, and for your consideration in connection with the possibility of doing business with us or otherwise utilizing our products and services. Except as allowed in these Terms and Conditions, you may not produce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, any of the contents of our Site or any related software without the prior written consent of us or our content providers. 

Trademarks.  All trademarks, characters, and service marks, and the other source identifying names, graphics, and logos (collectively “Trademarks”) displayed and used on our Site belong to us or have been licensed by us.  The Trademarks may not be used without our prior written permission.  We do not permit the use of our Trademarks in advertising, as an endorsement for any product or service, or for any other purpose, commercial or otherwise, without our prior written approval.  Nothing contained in our Site should be construed as granting any license or right to use any Trademarks displayed and used on our Site.  Any use and/or misuse of the Trademarks displayed and used on our Site, or any other content on our Site, except as provided in these Terms and Conditions, is strictly prohibited. 

Intellectual Property Protection.  We will aggressively enforce our intellectual property rights to the fullest extent of the law, including criminal prosecution.

Submissions.   Subject to our Privacy Policy, all remarks, suggestions, ideas, graphics, or other information communicated to us through the Site (collectively, the "Submissions") will forever be the property of us.  Subject to our Privacy Policy, we will not be required to treat any Submission as confidential, and we will not be liable for any ideas for our operation or business and will not incur any liability as a result of any similarities that may appear in our future operations or business activities.  Without limitation, we will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature everywhere.  Except as noted below in this paragraph, we will be entitled to use Submissions for any commercial or other purpose whatsoever without compensation to you or any other person sending Submissions.  By providing any Submission to us, you grant to us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute such information and materials, and you further agree that we and our designees are free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to us.  Personally identifiable information that may be received at our Site is provided voluntarily by a visitor to the Site.  Except as provided in our Privacy Policy, this information is for internal purposes only and is not sold or otherwise transferred to third parties or to other entities who are not involved in the operation of this Site.

You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.  You further recognize that we do not want you to, and you warrant that you shall not, provide any information or material to us that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.  We reserve the right, at our sole discretion, to: (1) reject or approve any Submission, for any or no reason; and (2) remove any Submission posted on the Site at any time, for any or no reason.  We are not liable for any damage or loss, financial or otherwise, that result from: (1) removal of any Submission from the Site, or (2) information posted on the Site by third parties.

DISCLAIMER.  OUR SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE ON OUR SITE, IS PROVIDED “AS IS.”  WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE INFORMATION, CONTENT, PRODUCTS, OR SERVICES OF OUR SITE, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEBSITE.  WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATION THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE AND MATERIAL ACCESSIBLE FROM OUR SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OUR SITE INCLUDES INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE.  WHILE WE DESIRE THAT THE INFORMATION ON OUR SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS, AND RELIABILITY OF SUCH INFORMATION BEFORE ACTING OR RELYING THEREON, AND YOU MUST EXERCISE YOUR OWN INDEPENDENT INVESTIGATION AND JUDGMENT. WE ARE NOT RENDERING YOU ANY PROFESSIONAL OR FINANCIAL SERVICES, ADVICE BY VIRTUE OF OUR SITE, OR ANY COMMUNICATIONS IN CONNECTION WITH OUR SITE.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE INFORMATION, CONTENT, PRODUCTS, OR SERVICES ON THE SITE OR THE ACCURACY OR RELIABILITY OF SUCH INFORMATION, CONTENT, PRODUCTS, OR SERVICES.  WE RESERVE THE RIGHT, WITHOUT NOTICE, AND AT OUR SOLE DISCRETION, TO DENY ANY USER ACCESS TO OUR SITE OR ANY PORTION THEREOF.  YOUR USE OF OUR SITE IS AT YOUR OWN RISK.

Your Use of Our Site.  You may access our Site to browse and to use our services for only lawful purposes including, but not limited to: (a) gathering or reviewing information about the meat industry and related companies, news, and other material; or (b) contacting us.  You may not use or allow others to use our Site or our services for any unlawful purposes or engage in any activity that harms us or impairs any other user’s use or enjoyment of our Site, products, or services, subject to our sole determination.  As a condition of your use of our Site, you represent and warrant to us that you will not use our Site for any purpose that is unlawful, immoral, or prohibited by these Terms and Conditions and/or other notices.  We do not intend for our Site to be used by children under the age of 18.  If you are under the age of 18, then please do not provide us with any User Information (as defined in our Privacy Policy) and promptly exit the Site or have your parent or legal guardian use this Site on your behalf.

Links to and from Third Party Sites.  We may provide, on our Site, links to websites operated by third party persons and entities.  If you use these other websites, you will leave our Site.  If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  You should refer to the policies posted by other websites before you use them.  We make no warranty or representation regarding, and do not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.  We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in, programs used by, or services or products offered by websites linked to or from our Site.  If you choose to purchase any product or service from a third party, your relationship is with that third party.  You agree that we are not responsible for the quality of third party products or services or fulfilling any of the terms of your agreement with the third party, including, but not limited to, the delivery of products and services and warranty obligations related to products and services.  You agree that we are not responsible for any loss or damage you may incur by reason of any dealing that you may have with a third party.  Links do not imply that we or our Site sponsor, endorse, are affiliated or associated with, or are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of us or any of our affiliates or subsidiaries.

Links to the Site may not state or imply any sponsorship or endorsement of another website, publication, or service by us.  Our Site’ content may not be incorporated into another website, publication, or service without our prior written approval.

Privacy and Security.  We take steps to preserve the privacy of personal information you submit over our Site.  Be advised, however, that the security of the Internet cannot be guaranteed and, therefore, we are not responsible for any unauthorized access to communications that you submit over the Internet.  Please review our Privacy Policy  for more information about how we handle personal information.

LIMITATION OF LIABILITY.  WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, OUR SITE OR INFORMATION, PRODUCTS, SERVICES, OR FUNCTIONS ON OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR ASSOCIATED WITH OUR SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE LESSER OF $10.00 OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SITE.

Indemnification.  You hereby agree to defend, indemnify, and hold harmless us from and against all claims, damages, awards, and expenses, including attorneys' fees, arising out of or resulting from your use of our Site.

International Users and Choice of Law.  The Site are controlled, operated, and administered by us and our service provider designees from our offices within the United States of America.  We make no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited.  You may not use the Site or export the materials in violation of U.S. export laws and regulations. If you access the Site from locations outside of the United States, you are responsible for compliance with all local laws.  These Terms and Conditions, all information on our Site, and all disputes arising out of, or relating to, our Site are governed by, and will be construed in accordance with, the laws of the State of New York and of the United States of America without giving effect to principles of conflicts of law.

General.  Your use of our Site is unauthorized in any jurisdiction that prohibits full effect to all provisions of these Terms and Conditions or jurisdictions where any portion of our Site may violate any law.  You agree not to access our Site in any such jurisdiction. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as modified, will remain in full force and effect.  Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach.
This is the entire agreement between us and you relating to the subject matter herein, and it will not be modified except in writing signed by both parties.  For purposes of these Terms and Conditions, all references to written permission and writings that bind us indicate the physical signature of one of our officers on a document setting forth the entire agreement of the parties with respect to the subject matter at issue. These Terms and Conditions supersede all prior communications and proposals, whether electronic, oral, or written, between you and us with respect to our Site, except as otherwise indicated herein.

This document was last updated on September 28, 2010.