Terms of service

TERMS OF SERVICE AGREEMENT

Last update: 20th October 2023

TERMS OF SERVICE AGREEMENT (TOS)

Welcome to Florida Premium Beef! (KDS Pastures, LLC) We kindly request your attention to our Terms of Service Agreement. Your use of our website and services signifies your consent to these terms, including any incorporated references. We entrust it to you, the user, customer, or prospective customer to carefully review the conditions before utilizing our site. If you do not expressly agree to every term and condition, we kindly request that you refrain from accessing or using our website and services. These Terms of Service became effective on 10/18/2022 and updated on 20th October 2023.

Your compliance is appreciated.

1. ACCEPTANCE OF TERMS

The following "Terms of Service Agreement" (the "Agreement") is a legally binding contract that governs the relationship between users and KDS Pastures, LLC, doing business as Florida Premium Beef, located at 12853 Bethlehem Church Road Glen St. Mary, FL 32040, its subsidiaries, and affiliates, in connection with the use of the Florida Premium Beef website, www.floridapremiumbeef.com (the "Site") and its services, as defined below.

2. WEBSITE SERVICES OFFERED

The Site is an e-commerce platform that specializes in offering premium meat products directly to consumers in the lower contiguous 48 states of the United States of America.

All individuals visiting our site, whether registered or not, are considered "users" of the services outlined in this Agreement. Upon registering and creating an account, a user becomes a "member."

Users and members acknowledge that the services provided through our website, including mobile applications, may be accessible via various social media platforms and downloadable programs. These services are the exclusive property of KDS Pastures, LLC. We reserve the right to introduce new services or modify existing content, subject to the terms of this Agreement. KDS Pastures, LLC may also discontinue certain services. Users and members understand that we are not liable for such changes.

We provide services "AS IS," and we disclaim responsibility for timeliness, delivery, or data storage.

3. REGISTRATION

To become a "member" of the Site, you must be at least 18 years old and eligible to form a legal contract. You must not be barred from using Florida Premium Beef's services under applicable laws.

When you register, we collect information such as your name, email address, birth date, gender, mailing address, occupation, industry, and personal interests. You can update your account information at any time. By registering and using our services, you are no longer anonymous to us.

By registering, you agree to provide accurate and complete information and maintain its accuracy throughout your usage. Any false, inaccurate, or incomplete information may result in suspension or termination of your membership.

We prioritize the safety and privacy of all users, especially children. Parents allowing children under 13 access to our services must create a "family" account and ensure that the parent or legal guardian is responsible for determining the appropriateness of the services and content for the child subject to our privacy policies.

4. PRIVACY POLICY

All member registration data and personal information are protected by the Online Privacy Policy at (https://floridapremiumbeef.com/policies/privacy-policy) As a member, you consent to the collection and use of this information, including potential transfer to the United States or other countries for storage and processing by KDS Pastures, LLC and its subsidiaries.

5. POLICY AGREEMENT

By using our services, you agree to be bound by the following policies, which are an integral part of these Terms of Service:

A. Privacy Policy: Our Privacy Policy governs the collection, use, and disclosure of your personal information. Please review it to understand how we handle your data.

B. Cookie Policy: Our Cookie Policy explains how we use cookies and similar technologies to enhance your experience while using our website.

C. Content Policy: Our Content Policy sets the guidelines for user-generated content, ensuring a safe and respectful environment for all users. D. Return and Refunds Policy: Our Return and Refunds Policy outlines the procedures and conditions for returning and refunding products or services purchased through our platform.

E. Cancellation Policy: Our Cancellation Policy provides information regarding the cancellation of appointments or services, including any associated penalties or fees.

F. Shipping Policy: Our Shipping Policy details the methods, costs, and delivery times associated with the shipment of products you purchase.

Please read and understand these policies, as they are binding and govern your use of our services. If you do not agree with any of these policies, you should refrain from using our services.

6. MEMBER ACCOUNT, USERNAME, PASSWORD, AND SECURITY

When you create an account, you become the authorized user. You are responsible for safeguarding your password and any activities within your account. You must promptly report any unauthorized access or security breaches. KDS Pastures, LLC is not liable for losses resulting from non-compliance with this term.

7. CONDUCT

As a user or member, you acknowledge that all content, whether public or private, is the sole responsibility of its originator. You are solely responsible for content posted or transmitted via Florida Premium Beef Services, and accuracy, integrity, and quality are not guaranteed.

You agree not to use KDS Pastures, LLC's Services for:

A. Posting unlawful, harmful, threatening, abusive, or invasive content.

B. Harming minors.

C. Impersonating individuals or entities.

D. Offering content you have no right to.

E. Violating intellectual property rights.

F. Sending unsolicited or unauthorized advertising.

G. Uploading content containing viruses.

H. Disrupting communication or interfering with services.

I. Violating any local, state, federal, or international laws.

J. Supporting or disguising foreign terrorist organizations.

K. Stalking or harassing others.

L. Collecting personal data of members in connection with prohibited conduct.

KDS Pastures, LLC reserves the right to pre-screen and remove content violating the Terms of Service. It may access, preserve, or disclose member account information or content when legally required or in good faith belief to protect rights, property, or safety.

Use of security components and any attempt to override usage rules is prohibited. Unauthorized reproduction, publication, distribution, or exhibition of information or materials provided by our Services is expressly prohibited.

8. CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, by using our network, you agree to comply with all local rules regarding online conduct and acceptable content. This includes uploading, posting, or transferring software, technology, and technical data, which may be subject to U.S. export and import laws and regulations, as well as those of other countries. You agree to:

A. Not be on any government export exclusion report or be a member of a government from an export-prohibited country.

B. Not transfer any software, technology, or technical data to export-prohibited countries.

C. Not use our network for military, nuclear, missile, chemical, or biological weaponry purposes.

D. Not post, transfer, or upload data in violation of U.S. or other applicable export and import laws.

9. CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

KDS Pastures, LLC does not claim ownership of content submitted by visitors, members, or users. You grant KDS Pastures, LLC the following licenses:

A. For content made available on publicly accessible areas of our sites, a license to use, distribute, reproduce, modify, adapt, and publicly display the content while you are a member.

B. For photos, audio, video, or graphics on publicly accessible areas, a similar license while you are a member.

C. For other content on publicly accessible areas, a sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, and incorporate into other works.

10. CONTRIBUTIONS TO COMPANY WEBSITE

When you submit Contributions, you acknowledge that:

A. Your contributions do not contain confidential information.

B. We are not obligated to maintain confidentiality of your Contributions.

C. We may use or disclose Contributions as we see fit.

D. Your Contributions become the property of KDS Pastures, LLC.

11. INDEMNITY

All users and members agree to indemnify and hold KDS Pastures, LLC, its subsidiaries, affiliates, agents, employees, officers, partners, and licensors harmless from any claims, including reasonable attorney fees, arising from any content submitted, posted, modified, or transmitted through our Services, your use of Florida Premium Beef Services, your connection with these Services, or your violations of the Terms of Service or another person's rights.

12. COMMERCIAL REUSE OF SERVICES

Members and users agree not to engage in the replication, duplication, copying, trading, selling, reselling, or exploitation for any commercial purpose of any part, use of, or access to Florida Premium Beef's websites.

13. USE AND STORAGE GENERAL PRACTICES

You acknowledge that KDS Pastures, LLC may establish practices and limits regarding the use of our Services. This includes email retention periods, email message volume, message size, disk space allocation, and access frequency. KDS Pastures, LLC is not responsible for the removal or failure to maintain storage of messages or content. The company reserves the right to delete inactive accounts and modify these practices and limits at its discretion.

14. MODIFICATIONS

KDS Pastures, LLC reserves the right to modify, alter, or discontinue its Services, temporarily or permanently, with or without prior notice. The company is not liable for any alterations, modifications, suspensions, or discontinuances of its Services.

15. TERMINATION

You can cancel your account by submitting a request to flpremiumbeef@gmail.com. KDS Pastures, LLC may immediately suspend, terminate, discontinue, or limit your account and access without prior notice for reasons including breaches of the TOS, requests from law enforcement, technical or security issues, inactivity, engagement in fraudulent or illegal activities, or nonpayment of associated fees.

Terminations, suspensions, discontinuances, and limitations of access for cause are made at the sole discretion of KDS Pastures, LLC. The company is not liable to you or any third party regarding the termination of your account or access.

The termination of your account includes:

A. Removal of access to Services within www.floridapremiumbeef.com

B. Deletion of your password and related information

C. Barring of further use of Services.

16. ADVERTISERS

Any interactions, business transactions, or participation in promotions with advertisers accessed through our Services are solely between you and the advertiser. You agree that KDS Pastures, LLC is not liable for any loss or damage resulting from these interactions or the presence of advertisers on our website.

17. LINKS

KDS Pastures, LLC or third parties may provide links to external websites and resources. You acknowledge that we are not responsible for the availability of these external sites or resources and do not endorse or accept responsibility for their content, products, advertising, or materials. Furthermore, you agree that KDS Pastures, LLC is not directly or indirectly liable for any damage or loss related to the use of or reliance on content, goods, or services from these external sites or resources.

18. PROPRIETARY RIGHTS

You acknowledge that KDS Pastures, LLC's Services and associated software ("Software") contain proprietary and confidential material protected by intellectual property rights. Content within our Services or presented by advertisers is also protected by copyrights, trademarks, patents, or other proprietary rights. You agree not to alter, modify, lease, sell, distribute, or create derivative works based on our Services, except as expressly permitted by applicable law or authorized by KDS Pastures, LLC.

KDS Pastures, LLC grants you a personal, non-transferable, and non-exclusive license to use the Software on a single computer. You may not allow third parties to duplicate, alter, or reverse engineer the Software or attempt to access our Services through means other than the provided interface.

19. WARRANTY DISCLAIMERS

You acknowledge and agree that the use of KDS Pastures, LLC Services and Software is at your sole risk. Our Services and Software are provided on an "as-is" and "as-available" basis. KDS Pastures, LLC, its subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties, whether expressed or implied, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

KDS Pastures, LLC, its subsidiaries, officers, employees, agents, partners, and licensors make no warranties that:

A. KDS Pastures, LLC Services or Software will meet your requirements.

B. KDS Pastures, LLC Services or Software shall be uninterrupted, timely, secure, or error-free.

C. Results obtained from the use of KDS Pastures, LLC Services or Software will be accurate or reliable.

D. Any products, services, information, or other material purchased or obtained through our Services or Software will meet your expectations. E. Errors in the software will be corrected.

Any information or material obtained through KDS Pastures, LLC Services or Software is accessed at your sole discretion and risk. You are solely responsible for any damage to your computer, internet access, or data loss resulting from the download of such information or material.

No advice or information obtained from KDS Pastures, LLC or our Services or Software shall create any warranty not expressly stated in the Terms Of Service.

20. LIMITATION OF LIABILITY

You explicitly acknowledge and agree that KDS Pastures, LLC, its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable for any punitive, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages related to the loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of such possibility.

This includes damages arising from:

A. The use or inability to use our Service.

B. The cost of procuring substitute goods and services.

C. Unauthorized access to or the alteration of your transmissions and/or data.

D. Statements or conduct of any third party on our Service.

E. Any other matter related to our Service.

21. RELEASE

In the event of a dispute, you agree to release KDS Pastures, LLC and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third parties from claims, demands, and damages of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to the dispute.

22. SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request news, messages, alerts, or other information from our Services concerning companies, stock quotes, investments, or securities, please review the Warranty Disclaimers and Limitations of Liability sections. KDS Pastures, LLC's content is primarily for informational purposes, and no content provided in our Services is intended for trading or investing purposes. We are not responsible for the accuracy, usefulness, or availability of any information transmitted through our Services or for any trading and investment decisions based on such information.

23. EXCLUSION AND LIMITATIONS

In certain jurisdictions, it may not be permissible to exclude certain warranties or limit liability for incidental or consequential damages. Consequently, some of the limitations in the sections related to warranty disclaimers and limitation of liability may not be applicable to you based on your jurisdiction.

24. THIRD PARTY BENEFICIARIES

You acknowledge and agree, unless expressly provided otherwise in this Terms of service, that there are no third-party beneficiaries to this agreement.

25. NOTICE

KDS Pastures, LLC may provide you with notices, including those related to changes in the TOS, through various means such as email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable methods currently known or developed in the future. You may not receive such notices if you violate any aspects of the Terms Of Service by accessing our Services in an unauthorized manner.

Your acceptance of this Terms Of Service implies that you are considered to have received all notices that would have been delivered if you accessed our Services in an authorized manner.

26. TRADEMARK INFORMATION

You understand and agree that all KDS Pastures, LLC trademarks, copyrights, trade names, service marks, logos, brand features, product names, and service names are the property of KDS Pastures, LLC. You agree not to display or use the KDS Pastures, LLC logo or marks in any manner without obtaining prior written consent from KDS Pastures, LLC.

27. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

NOTICE & PROCEDURES

KDS Pastures, LLC is committed to respecting the intellectual property rights of others, and we expect the same from our users. At our discretion, and under appropriate circumstances, we may disable or terminate the accounts of users who violate our Terms of Service or infringe upon the rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or if your intellectual property rights have been violated, please provide the following information:

A. Your electronic or physical signature as the authorized representative of the copyright or intellectual property owner.

B. A description of the copyrighted work or intellectual property that has been infringed.

C. The location of the site where the alleged infringement occurred.

D. Your physical address, telephone number, and email address.

E. A statement affirming that the use of your work is not authorized by the copyright owner, its agents, or the law.

F. A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or an authorized representative.

You can contact the KDS Pastures, LLC Agent for notice of claims of copyright or intellectual property infringement as follows:

Mailing Address: KDS Pastures, LLC Attn: Copyright Agent 817 Bonita Rd Atlantic Beach, Florida 32233

Telephone: 904-469-6844

Email: flpremiumbeef@gmail.com

28. CLOSED CAPTIONING

KDS Pastures, LLC complies with all applicable Federal Communications Commission rules and regulations concerning closed captioning for video content. For more information, please visit our website at www.floridapremiumbeef.com.

29. ENTIRE AGREEMENT

This Terms of service constitutes the entire agreement between you and KDS Pastures, LLC, governing the use of our Services, superseding any prior versions of this Terms Of Service. Additional terms and conditions may apply when you use or purchase specific KDS Pastures, LLC Services, affiliate Services, third-party content, or third-party software.

30. CHOICE OF LAW AND FORUM

User and KDS Pastures, LLC mutually agree that the relationship between the parties is governed by the laws of the state of Florida, without regard to its conflict of law provisions. Any claims, causes of action, or disputes related to the Terms Of Service or the relationship between you and KDS Pastures, LLC shall be filed within the courts having jurisdiction in the County of Baker, Florida, or the U.S. District Court in that state.

Both parties agree to submit to the jurisdiction and venue of these courts and waive any objections to such jurisdiction.

31. WAIVER AND SEVERABILITY OF TERMS

KDS Pastures, LLC retains the right to enforce any provision of the Terms Of Service at its discretion. The failure to exercise a particular right or provision in no way constitutes a waiver of such right or provision. In the event that a court of competent jurisdiction finds any provision of this Terms Of Service invalid, both parties agree that the court should make an effort to uphold the parties' intentions as expressed in the provision. All other provisions of the Terms Of Service shall remain fully enforceable.

32. NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge that your account is non-transferable, and any rights to your ID and contents within your account shall terminate upon your passing. Upon submission of a death certificate, your account may be terminated, and all contents permanently deleted.

33. STATUTE OF LIMITATIONS

Regardless of any contrary statute or law, any claim or action related to the use of our Services or the TOS must be filed within 5 years from the time the claim or cause of action arose, or it will be considered permanently barred.

34. VIOLATIONS

To report any violations of this TOS, please contact KDS Pastures, LLC through the following means:
Mailing Address: KDS Pastures, LLC 817 Bonita Rd Atlantic Beach, Florida 32233
Telephone: 904-469-6844
Email: flpremiumbeef@gmail.com

35. SMS/MMS MOBILE MESSAGING TERMS AND CONDITIONS

Consent to Receive Messages: By opting into Florida Premium Beef messaging program, you agree to receive marketing text messages, including cart reminders, at the phone number you provide. Florida Premium Beef controls the messaging program and may change the frequency of messages at any time.

No Purchase Necessary: Opting into Florida Premium Beef messaging program is not a requirement for purchasing any products or services.

Agreement to Policies: By opting in, you accept Florida Premium Beef Privacy Policy and Terms of Use, and you consent to the processing of your information as described in those documents.

Messaging Information:

Opt-In: To opt in, you can:

Send a text message with "Florida Premium Beef."
Enter your mobile number on our website form. You will then receive a text to confirm your opt-in. Message frequency may vary.

Opt-Out: To opt out, reply "STOP" or "UNSUBSCRIBE" to the number you received messages. This is the only way to opt out. You will receive one final confirmation message after opting out.
Rates: Carrier message and data rates may apply. Check with your mobile service provider for details on charges.
Help: For assistance, text "HELP."
Other Information:

Carriers are not responsible for delayed or undelivered messages.
Your mobile number and opt-in data will not be shared with third parties.

ACCESSIBILITY STATEMENT

1. INTRODUCTION

At Florida Premium beef we are committed to providing an accessible online experience for all our users, including those with disabilities. We recognize the importance of ensuring that our website is inclusive and user-friendly, and we strive to meet or exceed accessibility standards as defined by the Web Content Accessibility Guidelines (WCAG) set forth by the World Wide Web Consortium (W3C).

2. ACCESSIBILITY FEATURES

We have implemented the following accessibility features to enhance the user experience:

A. Alternative Text: Images and non-text content include descriptive alternative text.

B. Keyboard Navigation: Our website is navigable via keyboard and supports keyboard shortcuts.

C. Text-to-Speech: We support screen reader software, allowing text-to-speech capabilities for content.

3. ONGOING IMPROVEMENT

We are continuously working to improve the accessibility of our website and aim to adhere to evolving best practices and guidelines. Our team conducts regular accessibility assessments to identify and resolve potential barriers.

4. CONTACT US

If you encounter any accessibility issues or have suggestions for improvement, please contact us through the details on our contact page. Your feedback is essential in helping us enhance the accessibility of our website.

5. ACCESSIBILITY STATEMENT UPDATES

This accessibility compliance statement will be reviewed and updated regularly to reflect our ongoing commitment to accessibility.

CONTENT POLICY

1. INTRODUCTION

Welcome to Florida Premium Beef. This Content Policy outlines the guidelines and standards we follow regarding the content displayed on our website. We are committed to providing a safe, informative, and enjoyable experience for all our users.

2. USER-GENERATED CONTENT

We encourage user participation but expect all content, including comments, reviews, and posts, to adhere to the following principles:

A. Respect and Civility

Users must maintain a respectful and civil tone in their contributions. Hate speech, harassment, or any form of offensive content will not be tolerated.

B. Accuracy and Truthfulness

Contributors should provide accurate and truthful information. Misleading or false content is not allowed.

C. Privacy and Personal Information

Respect the privacy of others. Do not share personal information without consent.

D. Intellectual Property

Do not post content that infringes on intellectual property rights, including copyrights and trademarks.

3. PROHIBITED CONTENT

The following types of content are strictly prohibited on our website:

A. Illegal Content

Content that promotes or engages in illegal activities is not permitted.

B. Harmful Content

Content that may cause harm, including malware, viruses, or phishing attempts, is forbidden.

C. Adult Content

We do not allow explicit adult content or anything of a sexual nature.

D. Discrimination

Discriminatory content based on race, gender, religion, or any other protected characteristic is not tolerated.

4. REPORTING VIOLATIONS

If you encounter content that violates this policy, please report it to us through the details on our contact page. We will investigate all reported violations promptly.

5. MODERATION

We reserve the right to moderate and remove content that violates this policy. Repeat offenders may face account suspension or permanent bans.

6. UPDATES

This policy is subject to updates to align with legal requirements and industry best practices. Users are responsible for reviewing the policy periodically. Thank you for being a part of Florida Premium Beef and helping us maintain a positive and safe online environment.