Terms of Use

Last updated: July 13, 2020

Welcome to Yak'N Radish Ranch and our Terms of Service. These Terms of Use govern your use of this Site. Your use of the Site constitutes your acceptance of these Terms of Use.

BY USING THIS SITE, YOU IMMEDIATELY AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. BY USING THE SITE, YOU ARE ACCEPTING THESE TERMS AND YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

THESE TERMS OF USE APPLY TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY EMAIL, BY TELEPHONE, IN PERSON, OR BY ANY MEANS OF TRANSMISSION.

We reserve the right of change these Terms of Use without notice. Understanding this, it is your responsibility to review these Terms of Use occasionally and note any changes, additions and/or modifications. Your continued use of this site after such modifications will constitute your acknowledgment to the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

1. Eligibility

Our website is not targeted toward or intended for use by anyone under the age of 18. By using this Site, you represent and warrant that you:

are 18 years of age or older.
are a legal resident of the United States.
have full power and authority to enter into these Terms of Use and in so doing, will not violate any other agreement to which you are a party.

2. Registration, Account and Communication Preferences

In order to access some of the services on this site, an account and password may be obtained by completing our online registration form. This form requests certain information and data. By registering, you agree that:

All information provided is true and accurate.
You will maintain and update this information as required in order to keep it current, complete, and accurate.
You will maintain the security of your password and accept all risks of unauthorized access to your account and the information.
You will immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account.

By creating a Yak'N Radish Ranch account, you also consent to receive electronic communications from us via e-mail. These communications may include notices about your account and are part of your relationship with us. We may also send you promotional communications (newsletters, special offers and other yak related news and information we believe will interest you). You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

3. Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose your information. The Yak'N Radish Ranch Privacy Policy is incorporated by reference into, and made part of, these Terms.

4. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

5. Pricing and Product Info

We will confirm the price of items selected after you place your order. While we strive to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Photos are exemplary of product advertised. We reserve 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, Yak'N Radish Ranch 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, We will issue a credit 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 Yak'N Radish Ranch are subject to change without notice. References to discounts and amounts of savings offered are based on our "buy more, save more" comparison of full value and discounted prices. The base quantity item of each product provides the comparison to the discounts achievable with the purchase of more than one item or multiples of the base quantity of an item.

Unless otherwise noted, prices do not include shipping costs or applicable taxes.

6. Terms of Sale

6.1 Sale and Purchase of Goods

Yak'N Radish Ranch ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, goods of the description and quantity described on the checkout window ("Checkout").

6.2 Purchase Price

Buyer agrees to pay the Purchase Price of the Goods as posted on this Site attached hereto. All prices are shown in US dollars and applicable taxes and other charges, if any, are additional.

6.3 Availability

All orders placed on this Site are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products and to substitute products (including, but not limited to, specific cuts or types of yak) without prior notice.Given the perishable nature of certain products and market conditions beyond our control, we may be required to make substitutions occasionally. We will typically notify You of a substitution but if you are not satisfied, please contact us at yaknradish@gmail.com or use our contact form.

6.4 Payment Terms

The total amount of the Purchase Price shall be payable in full by Buyer immediately at Checkout. Items/Goods will not be shipped or provided to Buyer until payment has been received in full. Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller's costs of collection, including attorney fees, legal fees and costs and disbursements

6.5 Shipping, Handling and Delivery

Buyer agrees to pay any shipping and handling charges shown at the time of purchase from Checkout or supplied on an invoice. Seller reserves the right to increase, decrease, add or eliminate shipping and handling charges at any time. Buyer will be notified of such changes and credits will be applied back to the medium at which the Buyer has paid with (Paypal, credit card).

Unless otherwise agreed in writing, goods shall be packaged according to our standards and practices.

All shipping is handled by a third party courier. Any shipping times shown or given are estimates only and actual delivery dates may vary. We will not be liable for failure to deliver as estimated. All products purchased from us are made pursuant to a shipment contract. This means that the title to and the risk of loss of such products passes to you upon our delivery of the product to the third party courier. As we are shipping perishable goods, we cannot guarantee the condition of the package if our delivery service has to reroute the cooler. We guarantee delivery only to the addresses we are provided; which are confirmed on the order acknowledgement.

All orders are shipped on a Monday to ensure delivery within the same week. In the event a holiday disrupts shipping time, the order will be shipped on the next available Monday that allows a full work week of delivery time.

The Buyer is responsible for inspecting all products you receive from us for any damage or other issues upon delivery. In addition, the Buyer is solely responsible for determining the freshness of the products you receive. To maintain the quality and integrity of the products, we recommend that you immediately refrigerate all perishable products upon delivery and follow the USDA's instructions on refrigerating and food safety. From the time of delivery, the condition and consumption of the products are solely at the Buyer's risk and the Buyer is solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the products following delivery. The Buyer should follow the USDA's instructions on safe food handling. It is also recommended that the Buyer use a food thermometer to ensure that all meat is cooked to the USDA's recommended internal temperatures. Due to the obscurity of yak, beef should be the guideline followed when cooking. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the USDA's recommendations on food consumption for at-risk groups.

If the Buyer is not home when the delivery arrives, the courier will generally leave the package at the Buyer's door. Although each package is packed with gel packs and/or dry ice, advanced planning should be made to receive the package in a timely manner. Please note that we are shipping perishables. Therefore you need to pick up the package immediately upon delivery, and you can not return or refuse any delivery as the product will get spoiled in this process. If a package is not arriving in good condition, we ask that you contact us immediately with photos of the content

6.6 Force Majeure

Seller shall not be held responsible for any failure of performance to make a timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

6.7 No Resale

Unless provided written consent from Seller, Buyer is not permitted to resell or otherwise use the Products for commercial purposes.

6.8 Returns

We do our best to ensure our customers are 100% satisfied. If you are unhappy with a non-food related yak product (hide, skull, etc.), send the product back in its original packaging and it will be reviewed by us for damage or other inconsistencies. If no damage is found and is deemed acceptable by us, we will issue a full refund, less shipping. Because Seller receives discounted shipping rates, freight should be coordinated with Seller directly to help alleviate cost.

Due to the nature of frozen meats, we do not accept returns on food items.

6.9 Cancellations

For orders picked up locally at the farm or at a farmers market, orders can be cancelled at any time. For orders being shipped, cancellations must occur prior to 7 PM (central) on Sundays of each week. After this time, the order will already be moved to shipped status and it cannot be cancelled. With exception to special order items (whole yak, special cuts, blended yak burger/organs for pet food, etc.), cancelled orders will receive a 100% refund. Special order items (whole yak, special cuts, blended hamburger for pet food, etc.) will be reviewed by Seller on a case-by-case basis and refunds are subject to Seller's discretion. Our common cuts (ground yak, yak burgers, etc.) can easily be placed back into inventory. An entire yak or ground with organs mixed in for pet food can not (only two examples and not limited to them for special order definition).

6.10 General

Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Wisconsin, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the State of Wisconsin and hereby waives any objection to such jurisdiction and venue

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7. License to Access and Use Our Sites and Content

Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the Yak'N Radish Ranch logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of Yak'N Radish Ranch or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to

sell, resell or use commercially the Sites or Content.
distribute, publicly perform or publicly display any Content.
modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof.
use any data mining, robots or similar data gathering or extraction methods.
download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us.
use the Sites or Content other than for their intended purposes.

Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Yak'N Radish Ranch or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by Yak'N Radish Ranch or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

8. Intellectual Property

For purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Yak'N Radish Ranch. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

We don't warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Yak'N Radish Ranch. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Yak'N Radish Ranch.

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

9. Hyperlinks

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Sites for noncommercial purposes, provided that such link does not portray Yak'N Radish Ranch or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Yak'N Radish Ranch logo or other proprietary graphic of Yak'N Radish Ranch to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Yak'N Radish Ranch trademark, logo or other proprietary information, including the images found on the Sites or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent.

Yak'N Radish Ranch makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

10. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Yak'N Radish Ranch, the Sites or the Products (collectively, "Feedback"). Feedback is non-confidential and shall become the sole property of Yak'N Radish Ranch. Yak'N Radish Ranch shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF YAK'N RADISH RANCH AND THE OTHER YAK'N RADISH RANCH PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM YAK'N RADISH RANCH EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE YAK'N RADISH RANCH AND THE OTHER YAK'N RADISH RANCH PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE YAK'N RADISH RANCH AND THE OTHER YAK'N RADISH RANCH PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH YAK'N RADISH RANCH PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

13. Disclaimer

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.

WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

14. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

15. Governing Law

This site (excluding any linked sites) is controlled by us from our farm within the United States of America in the state of Wisconsin. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places have laws that may differ from those of Wisconsin, by accessing this site both of us agree that the statutes and laws of the State of Wisconsin, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and resolution in the state or federal courts of the State of Wisconsin and the United States, respectively, sitting in the State of Wisconsin, County of Oconto.

16. Miscellaneous

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorney fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

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