Terms of Site Use
BY ACCESSING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE OR ORDER PRODUCTS FROM THE SITE.
Consent to Electronic Record Keeping
YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
Information About Us
Big League Cuts LLC. is registered in the State of Florida with an address at:
Big League Cuts LLC.
13100 NW 38th Ave.
Use of the Site/Comments and Feedback
All Content and Information (“Content”) on the Site are intended solely for personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Content for your personal, non-commercial use only; provided, however, that you (1) do not remove all copyright, trademark or other proprietary designations contained in the Content; (2) do not modify or alter the Content in any way; and (3) do not provide or make available the Content to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of the Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or the Site without first obtaining written permission from Big League Cuts.
Big League Cuts may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time and without notice. Big League Cuts also reserves the right to block or deny access to the Site to anyone at any time for any reason.
All comments, feedback, reviews, ratings, testimonials, feedback, images, suggestions, ideas, and other submissions disclosed, submitted or offered to Big League Cuts by you, on the Site, Social Media, or otherwise disclosed, submitted or offered to Big League Cuts (collectively, "Comments") shall be and remain Big League Cuts' property, which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to Big League Cuts of all worldwide rights, title and interest in all copyrights and other intellectual property in the Comments. Big League Cuts is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments. You agree that no Comments submitted by you to Big League Cuts will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.
Accessing the Site and Account Security
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are Responsible For:
- Making all arrangements necessary for you to have access to the Internet and our Site.
- Ensuring that all persons who access the Site through your Internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including without limitation if, in our opinion, you have violated any provision of these Terms.
Service Availability and Your Status
Big League Cuts products are portioned or processed meats that include beef, pork and poultry and are made available through the Site, and will be referred to, collectively, as the “Products.” We make reasonable efforts to display, as accurately as possible, the colors of our Products. However, the actual colors you see depend on your monitor or device, and thus we cannot guarantee that the colors of Products you see when viewing the Site will be accurate. The Site, Services and Products are intended for use by individuals in the United States of America. At this time, we do not accept orders from individuals outside the United States of America. As such, by placing an order through the Site, you warrant that you:
- Are legally capable of entering into binding contracts or these Terms;
- Are at least 18 years old;
- Are a resident of the United States of America; and
- Are accessing the Site from a jurisdiction governed by the United States of America.
Without in any way limiting the foregoing, you may not download or export any software or technical data from this Site, or purchase any Products or services from this Site, if you are in or a national or resident of: Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
Products and Pricing
All prices on our Site are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Big League Cuts will confirm the price of items selected after you place your order. While Big League Cuts strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Big League Cuts products are shipped frozen, or otherwise as specified on the Site product page or within the packages. Photos and photographic representation may reflect foods that are cooked or processed. Big League Cuts products are shipped uncooked. Big League Cuts reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, Big League Cuts shall have the right, in its sole discretion, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Big League Cuts will issue a refund to your credit card. Individual bank policies will dictate when this amount is credited to your account. We apologize for any inconvenience this may cause you.
Prices and availability of products offered by Big League Cuts are subject to change. Unless otherwise noted, prices do not include shipping costs or applicable taxes. We will collect applicable sales, use and other taxes (collectively, "Tax") on Shipments made to jurisdictions for which we determine we have a duty to collect Tax applicable to your purchase.
You agree to indemnify and hold harmless Big League Cuts and its affiliates, officers, directors, employees, shareholders, information providers, suppliers and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorney's fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) your access and/or use of the Site, (b) any breach of any of these Terms by you or any user of your account, and/or (c) any allegation which, if true, would constitute a breach of any of these Conditions by you or any user of your account.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Dade County, Florida, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Dispute Resolution; Limit on Time to Bring Claim; Arbitration of Claims; Class Action Waiver
ANY CLAIM OR CAUSE OF ACTION RELATING TO, ARISING UNDER OR OUT OF YOUR USE OF THE SITE, INCLUDING ANY SALES OR SIGN-UP MADE THROUGH THIS SITE, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Both you and Big League Cuts agree, with the limited exceptions noted below, to resolve all disputes between you and Big League Cuts through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
This Agreement regarding the Terms shall be governed and construed in accordance with the laws of the State of Florida without giving effect to the choice of law provisions thereof. Any dispute arising between you and Big League Cuts will be resolved by submission to arbitration in Dade County, State of Florida in accordance with the rules of the American Arbitration Association then in effect. Those rules are available at: http://www.adr.org. Notwithstanding the foregoing, nothing in this Agreement is intended or shall be construed to negate or otherwise affect the consumer protection laws of the state in which You reside.
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award will be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Both you and Big League Cuts waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Consumer Arbitration Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the entirety of this Dispute Resolution procedure will be null and void.
If there is a dispute that needs to be resolved, this section outlines what is expected of both of us.
You Agree to Provide Big League Cuts an Opportunity Informally to Resolve Your Dispute. Before you may pursue or participate in a dispute (or raise such dispute as a defense) in any court or arbitration against Big League Cuts for any claims, including claims related in any way the Products, these Terms, billing, privacy, advertising, or Big League Cuts communicates with you, you must first send a written description of your claim to: Big League Cuts Inc. 13100 NW 38th Ave., Opa-Locka, Florida, 33054, Attn: Legal, and you must allow Big League Cuts a reasonable opportunity to resolve your dispute. Your written notice must describe the problem in a reasonable manner, and identify or enclose all relevant documents and information. You and Big League Cuts agree to negotiate in good faith with each other to try to resolve your claim. If you and Big League Cuts do not reach a resolution of your dispute within sixty (60) days after Big League Cuts receives your written notice of claim, you may pursue your claim in arbitration or, solely to the extent specifically provided below, in court.
Arbitration. You and Big League Cuts agree to arbitrate all disputes between the parties, except as provided in this subsection 2. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, even if the claim arises or may arise before or after the term. For purposes of this arbitration provision, references to "Big League Cuts," "you," and "us" includes our Associates. This agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this provision.
Notwithstanding the arbitration agreement set forth in the prior paragraphs, if you fail to pay in full any amounts you owe when they are due, Big League Cuts may assign your account for collection, and Big League Cuts and/or the collection agency may pursue in court claims limited to the collection of past due amounts and any interest or cost of collection permitted by law or these Terms. (However, Big League Cuts disclaims any and all liability, and you relieve Big League Cuts from any and all liability, with respect to the conduct of any such collection agency.) In addition, Big League Cuts may seek injunctive relief in any court with respect to any violation of a patent, trademark, service mark, copyright, trade secret, and/or other intellectual property rights of Big League Cuts or of any third party. YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if: (a) your claim qualifies for small claims court in a location where jurisdiction and venue over you and Big League Cuts is proper, in which case you may initiate proceedings in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN FIFTEEN (15) DAYS FROM THE DATE YOU FIRST ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE (THE "OPT-OUT DEADLINE"). You may opt out by writing to us at Big League Cuts Inc., 13100 NW 38th Ave., Opa-Locka, Florida, 33054.
YOU AND BIG LEAGUE CUTS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR BIG LEAGUE CUTS SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF YOU TIMELY OPT OUT OF THE ARBITRATION PROVISION IN THE MANNER DESCRIBED ABOVE, THEN THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION WILL NOT APPLY TO YOU. BIG LEAGUE CUTS DOES NOT CONSENT TO CLASS ARBITRATION; ACCORDINGLY, IF A COURT REFUSES TO ENFORCE SUBSECTION (2. ABOVE), THEN THE AGREEMENT TO ARBITRATE SHALL BE UNENFORCEABLE AS TO YOU. WHETHER A CLAIM PROCEEDS IN COURT OR IN ARBITRATION, YOU AND BIG LEAGUE CUTS HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
- All orders are shipped from Big League Cuts Inc., located in Opa-Locka, Florida.
- Orders are shipped via UPS or through other courier as needed
- We do not require a signature at delivery
- Upon placing an order through the Site, you will receive a confirmation e-mail recapping your online purchase
- Big League Cuts accepts orders 7 days a week, 24 hours a day
- Orders received by 12:00pm ET will be processed the same day. Orders placed after 12:00pm ET will be processed during the next business day
- All orders shipped UPS 2-Day, are processed / shipped Monday – Thursday only.
- Ship Days – We ship Monday through Thursday for Wednesday through Saturday delivery.
- Tracking number - You will receive a UPS tracking number the evening your order ships or the following morning as soon as your order is inducted into the UPS system.
- Ordering for a special occasion? We recommend selecting a delivery date AT LEAST 1 week in advance to allow for any delays and to let your product thaw safely.
- Many of our larger cuts (tomahawks, picahna) can take 3 to 4 days to completely thaw. Please plan accordingly and schedule shipments with enough time to safely thaw in the refrigerator.
- Local delivery is available for customers' addresses established within a certain mile radius from our fulfillment facility.
- Orders may be subject to a minimum purchase order total, not including taxes, delivery fees and surcharges.
- An authorized representative must be present to receive the order from our delivery personnel, as per time window established.
Shipping Costs and Restrictions
- Big League Cuts is currently set up to ship products to customers located in the continental United States
- No PO Box or Military Addresses
- Due to the frozen perishable state of the Products, all orders are shipped in a cooler and or insulated cooling bag packaging with dry ice. To maintain the highest quality, our products are individually sealed in air-tight packaging, perfectly treated and flash frozen prior to shipment. To help ensure your order arrives in excellent condition, each order is now shipped using a reusable, thermal bag in a recyclable shipper box lined with biodegradable insulated foam.
- Big League Cuts offers the following UPS shipping options:
- Standard Shipping (Ground)
- Express Shipping (2-Day Air)
- Order Changes and/ or Cancellation: Want to make adjustments or cancel your order? No problem as long as we receive changes 2 business days before the scheduled ship date.
- Cancellations– Once an order has been released to ship at our warehouse or if it is in transit we cannot guarantee a cancellation request can be completed.
- Please double-check addresses. Big League Cuts is not responsible for incorrect or incomplete shipping addresses.
- Be sure to double-check the addresses for your gift recipients.
The billing customer is responsible to confirm gift recipients are available to accept deliveries.
- Inclement weather and other unforeseen circumstances may delay your shipment. We are not responsible for shipment delays caused by adverse or unpredictable weather conditions.
This Agreement supersedes any prior agreements between you and us with respect to the Site and purchases made thereon.
We each acknowledge that, in entering into this Agreement, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
This Agreement and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties' respective attorneys, will be deemed the drafter of this Agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in this Agreement, there will be no third-party beneficiaries to this Agreement. For the purpose of clarity, Big League Cuts representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Any failure by us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any right or provision of this Agreement must be in writing.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
The headings in this Agreement are for convenience only and have no legal or contractual effect.
Unless otherwise expressly stated herein, the laws of the United States of America and the laws of the State of Florida, without regard to the principles of conflicts of laws, will govern this Agreement, your use of the Site, and all matters relating to your access to, and/or use of, the Site, including all disputes between you and us. You also agree that the Site will be deemed solely based in Florida.
“Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.
All notices given by you to us must be given to Big League Cuts LLC. at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified herein. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or on the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
December 8, 2020