Date Published: August 17, 2017
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity's behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
Swaggerty's Farm reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one sausage.swaggertys.com account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
We continually test new features, functionalities, services, user interfaces and products that we are considering incorporating into our Sites or Products. We reserve the right to include or exclude you from these tests without notice.
All materials on this Site, including all images, text, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the "Content"), 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) retain all copyright, trademark or other proprietary designations contained on all 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 this 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 this Site without first obtaining written permission from Swaggerty's Farm.
Swaggerty's Farm may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Swaggerty's Farm also reserves the right to block or deny access to the Site to anyone at any time for any reason.
To access and use certain areas or features of the Sites, you will need to register for an account at sausage.swaggertys.com. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
By creating an account at sausage.swaggertys.com, you also consent to receive electronic communications from Swaggerty's Farm (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
"Swaggerty’s Farm" is a registered trademark of Swaggerty Sausage Company, Inc. and may not be used without permission. Unless otherwise noted, all Content is protected as copyrights, trademarks, service marks, trade names or other intellectual property owned, controlled or licensed by sausage.swaggertys.com, one of its affiliates, or by third parties who have licensed their intellectual property to sausage.swaggertys.com and is protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized duplication is a violation of law. No rights in any Content, including any trademark, service mark or trade name, are granted to you in connection with your use of this Site. Sausage.swaggertys.com and its affiliates and licensors expressly reserve all intellectual property rights in all Content. Sausage.swaggertys.com has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice
All our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, and to discontinue offering certain Products. We strive to provide you with high-quality Products, and given the perishable nature of our Products and market conditions beyond our control, we may contact you for substitution approvals from time to time.
We collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. If you would like to provide us with a valid and correct tax exemption certificate prior to acceptance of your order, please contact us and we will adjust your profile to tax exempt status when ordering.
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase a Product from sausage.swaggertys.com, any shipping times shown on the Sites are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.
All Products purchased from sausage.swaggertys.com are made pursuant to a shipment contract. This means that when you purchase a Product that is fulfilled at our facilities in Kodak Tennessee, title to and the risk of loss of such Product passes to you upon the third party courier’s delivery of such Product to you.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the fresh-made, premium pork sausage arrives in a cool, refrigerated to frozen condition. If you are concerned when your shipment container arrives, we recommend that you use a thermometer to ensure that the temperature zone within the container of meat Product you receive is 40° F or below. In the unlikely event that such temperature zone is above 40° F, or you have any other reason to believe that any other Product in your delivery is not suitable for consumption, please collect photographic documentation of your claim and contact us at firstname.lastname@example.org before discarding the container or Product.
To maintain the quality and integrity of the Products, we recommend that you immediately REFREEZE OR REFRIGERATE all perishable Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. We also recommend that all cooking instructions be followed and that you use a food thermometer to ensure that all meat is ultimately cooked to the USDA’s recommended internal temperatures, which can be found here. 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 U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here.
If you are not at home when your Product arrives, the courier will generally leave the package for you at your door. Our retail packaged Products (i.e. Collections) sold at sausage.swaggertys.com are shipped in high quality insulated containers and will typically remain cold and fresh for several hours after delivery. Depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your Products prior to consumption. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our third party couriers’ ability to deliver your Order, typically the courier will attempt to deliver your Order as soon as reasonably feasible. In some cases, delivery may occur prior to the scheduled delivery date. If we determine in advance of shipment that timely delivery of your Product is not feasible, we will attempt to arrange another delivery-date or cancel your Order for the period affected and issue you a full refund for the cancelled Order.
You are not permitted to resell or otherwise use the Products for commercial purposes.
WE DO NOT ACCEPT RETURNS. If you are dissatisfied with a Product purchased from sausage.swaggertys.com for any reason, please photograph your claim and contact us at email@example.com within seven (7) days of delivery-confirmation date. Depending on the circumstances, we may, in our sole discretion, replace a Product or portion of Product purchased at our expense, or provide you a partial or full refund of the purchase price for that Product if ample evidence is provided.
It is highly likely we will require photographic documentation as evidence of Container or Product claims that illustrate your dissatisfaction, before we provide you a replacement or refund. Refunds will be processed within 10 business days of receiving the items.
We will make every attempt in good faith to remedy any dissatisfaction you may encounter with our Product or service. We offer a 100% Premium Quality Guarantee.
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from such user and sausage.swaggertys.com;
- Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
- Develop any third party applications that interact with User Content or the Sites without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; or
- Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
The Sites may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). If you decide to share your User Content with others through the Sites or third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites.
By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates, or misrepresents your affiliation with, any person or entity;
- User Content that references or depicts Swaggerty’s Farm or our Products but fails to disclose a material connection to us, if you have one (for example, if you are a Swaggerty’s Farm employee or paid blogger);
- User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
- User Content that contains any private or personal information of a third party without such third party’s consent;
- User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
- User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Products, or that may expose Swaggerty’s Farm or others to any harm or liability of any type.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
If you submit content you own, you retain your ownership of your intellectual property rights. We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Sites or to our pages or feeds on third party social media platforms (e.g., Swaggerty’s Farm’s Facebook page, Pinterest page or Google+ page), you hereby grant Swaggerty’s Farm a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to sausage.swaggertys.com through the Sites or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Swaggerty’s Farm to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Swaggerty’s Farm, the Sites or the Products (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of Swaggerty’s Farm. Swaggerty’s Farm 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.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, 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. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THOUGH WE DO NOT STORE, PORTION AND PACKAGE PRODUCTS CONTAINING THE EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS), WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS AFTER IT LEAVES OUR FACILITIES.
WE ATTEMPT TO DISPLAY THE PRODUCTS 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. 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, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
UNDER NO CIRCUMSTANCES SHALL SWAGGERTY'S FARM OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SWAGGERTY'S FARM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SAUSAGE.SWAGGERTYS.COM SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 10 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Swaggerty’s Farm agree (a) to waive your and Swaggerty’s Farm’s respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Products, resolved in a court, and (b) to waive your and Swaggerty’s Farm’s respective rights to a jury trial. Instead, you and Swaggerty’s Farm agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
You and Swaggerty’s Farm agree that any Dispute arising out of or related to these Terms or the Sites, Content or Products is personal to you and Swaggerty’s Farm and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Swaggerty’s Farm agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Swaggerty’s Farm agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
You and Swaggerty’s Farm agree that these Terms affect interstate commerce and that the enforceability of this Section 18 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
You and Swaggerty’s Farm agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Swaggerty’s Farm shall be sent by certified mail or courier to Swaggerty’s Farm, LLC, Attn: General Counsel, 2827 Swaggerty Road, Kodak TN 37764. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Swaggerty’s Farm account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 3 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Swaggerty’s Farm cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Swaggerty’s Farm may, as appropriate and in accordance with this Section 18, commence an arbitration proceeding or, to the extent specifically provided for in Section 18.1, file a claim in court.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 10 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND SWAGGERTY'S FARM AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR SWAGGERTY'S FARM WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND SWAGGERTY'S FARM WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Swaggerty’s Farm agree that (a) any arbitration will occur in the State of Tennessee, County of Sevier, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with State or Federal courts in the City of Sevierville Tennessee.
If you place an order for pork sausage products at sausage.swaggertys.com, you agree to pay for the order by authorizing a corresponding charge to a valid debit or credit card acceptable to us. We reserve the right to accept or decline your order at any time and for any reason. This is true even if you have received an order confirmation from us. We are not liable in any way if a financial institution which has issued a credit card to you refuses to honor the card for any reason.
Although we make all reasonable efforts to present only accurate and reliable information on sausage.swaggertys.com, it is still possible that errors may occur in pricing and/or product information. We may refuse or cancel any order for products listed with incorrect pricing or product information. This is true even if your credit card has been charged. However, if a credit card charge has been made, and we elect to refuse or cancel the order, we will issue a credit to your credit card in the amount of the charge.
Any legal action brought against sausage.swaggertys.com shall be governed by the laws of the State of Tennessee. We make no representation that sausage.swaggertys.com content is appropriate for access outside the United States. If you access sausage.swaggertys.com from outside the United States, you are doing so at your own initiative and are responsible for compliance with local laws and are strictly prohibited from purchasing products from this site.
We’d really like to hear from you. Comments or suggestions about sausage.swaggertys.com are welcome. You may choose to play a significant role in making sausage.swaggertys.com an even better site. However, in order to allow a free exchange of ideas, sausage.swaggertys.com does not solicit or want to receive confidential or proprietary information. Therefore, any correspondence received from you is not considered confidential or proprietary and becomes the property of sausage.swaggertys.com without payment of compensation to you. We are free to use or not use your comments in any way we choose. By making comments to sausage.swaggertys.com, you assign to us all right, title and interest in copyrights and other intellectual property rights on a worldwide basis without charge.