TERMS OF SERVICE
ATTENTION! — CLASS ACTION WAIVER AND ARBITRATION AGREEMENT:
These Terms of Service contain provisions that govern how claims you and we may have against each other are resolved—including a class action waiver and an agreement and obligation to arbitrate disputes. YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST US. And the arbitration agreement, subject to limited exceptions, requires you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the section entitled Arbitration Agreement and Class Action Waiver below. CAREFULLY REVIEW THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BEFORE YOU AGREE TO THESE TERMS OF SERVICE OR USE OUR SERVICES.
ACCEPTANCE OF THE TERMS OF SERVICE
Welcome to the website (the “Website”) operated by Golden Steer Steaks, LLC and P&M Holdings, LLC (collectively, “Golden Steer”, “our”, “we”, or “us”), which includes our Website, mobile website, and any content, functionality, and services offered on or through the Website, including the sale of our products and our restaurant (collectively, the “Services”). These Terms of Service (these “Terms”) set forth the agreement between you and Golden Steer governing the use by you of the Services. The Terms include and incorporate by reference the Golden Steer Privacy Policy available at https://goldensteer.com/pages/privacypolicy (the “Privacy Policy”), the Golden Steer Affiliate Program Terms and Conditions available at https://goldensteer.com/pages/affiliate-terms-conditions (the “Affiliate Terms”), and the Terms of Sale available at https://goldensteer.com/pages/termsofsale (the “Terms of Sale”). Please read the Terms and Privacy Policy carefully and fully before using the Services or disclosing to us any personal information.
By using the Services, ordering any products, using any services offered through these Services (e.g., making reservations), or disclosing to us any personal information: (i) you agree that you have read and understand the Terms, (ii) you accept and agree to be bound by the terms of the Terms, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of the Terms. IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICES, ORDER ANY PRODUCTS, OR DISCLOSE TO US ANY PERSONAL INFORMATION.
The Terms may change periodically and may be revised at any time and from time to time in our sole discretion by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Your continued use of the Services means that you accept any changes or modifications to the Terms. If any modification is unacceptable to you, your only recourse is to stop using the Services. Certain provisions of the terms and conditions contained in these Terms may be superseded by legal notices or terms located on particular pages of the Services.
RIGHT TO REFUSE SERVICE
We reserve the right to refuse service to anyone for any reason at any time, both in our restaurant location and in our online store available through the Website.
RESTAURANT INFORMATION, MENU, AND PRICING
The information provided on our menu available at https://goldensteer.com/pages/menu-steaks or through any other promotional material is for general informational purposes only. We make every effort to ensure the accuracy of the information, however, we cannot guarantee that all information is up to date and free from errors. Prices and availability of menu items may be subject to change without notice. In addition, we cannot guarantee that our menu items are free from allergens or cross-contamination. Please inform your server of any food allergies or dietary restrictions prior to ordering.
Please review our Reservations page for more information on Golden Steer dining and reservation policies.
PURCHASE OF PRODUCTS
If you purchase physical products available through our Services, the sale of such physical products is governed by our Terms of Sale.
USE OF THE WEBSITE AND TERMINATION
By using the Services or ordering any of our products, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Terms. If you are under the age of 18, you are not permitted to use this Services.
In order to access some features of the Services, you may have to create an account. When creating an account, you must provide your accurate and complete information and you may not use a fake identity or any other individual’s identity. You also agree to promptly update such information to maintain accurate, true, complete and current information. You may update your contact information by logging into your Golden Steer account and modifying your saved address data. You can also send an email to rare@goldensteer.com and in the body of the email advising us of the changes that need to be made. If you provide any inaccurate, false, incomplete or outdated information or we in our sole discretion suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Services or any portion thereof by you. During the registration process you will enter your email address, first name, last name, and create a password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. Once you have created an account, you have the ability to provide your mailing address. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Services including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.
You agree to use the Services for lawful purposes and that you are responsible for your use of and communications on the Services. You agree not to post on or transmit through the Services any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other’s intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Services in a manner that would interfere with normal operation or infringe on any others use of the Services.
You agree not to access the Services by any means other than the interface we provide. Displaying or running the Services or any information or material displayed on the Services in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Services must comply with all applicable laws, rules and regulations.
We make no representation that Materials (as defined in Copyright, Trademarks and Other Intellectual Property) contained on the Services or that products described or offered on the Services are appropriate or available for use in jurisdictions outside the United States or that the Terms comply with the laws of any other country. Users of the Services outside the United States do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access the Services from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations.
The Terms are effective until terminated by us or you. We, in our sole discretion, may suspend or terminate the Terms at any time without notice and deny you access to the Services or any portion of it. You may terminate the Terms by discontinuing all use of the Services. Upon termination by us or you, you must destroy all materials obtained from the Services, including all copies of such materials. We reserve the right to modify or discontinue, temporarily or permanently, the Services or any portion of it with notice to you.
We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Services, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of the Terms, laws or regulations or is harmful to another user or us or our affiliates. If you wish to delete your account, you must request that your account by deleted manually through Shopify.
The following shall survive any termination of the Terms either by us or you: Privacy, Liability Disclaimer, Indemnification, Copyrights, Trademarks and Intellectual Property, Severability, Jurisdiction, Arbitration Agreement and Class Action Waiver, and Miscellaneous.
LINKS TO THIRD PARTY SERVICES AND SOCIAL MEDIA
Through the Services, you may have access to third-party tools and services (“Third Party Services”) over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such Third Party Services ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional Third Party Services. Any use by you of optional Third Party Services offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms of Third Party Services which are provided by the relevant third-party provider(s).
Additionally, the Services may contain links to other websites that are not controlled and/or maintained by Golden Steer. Access to and use of such other websites is at your own risk and subject to any terms and conditions and privacy policies which govern such websites. By providing such links, Golden Steer shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. Golden Steer is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or terms and conditions that differ from those of the Services and/or may provide their users with less security than Golden Steer.
USER CONTENT AND CONDUCT
All User Content (defined below) must comply with the following guidelines which are a binding part of the Terms. On certain sections of the Services, you may be permitted to: post, display and/or publish (“post”) comments, information, reviews, creative works (including but not limited to text, images, and/or photos), or other materials (collectively, “User Content”). You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that Golden Steer has no responsibility for, and makes no representations concerning, any User Content posted on the Services and will not be liable for any User Content that is in violation of the Terms.
With respect to all User Content that you post, you represent and warrant that: (i) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material on the Services (including but not limited to all copyright and right of publicity/privacy rights); (ii) such User Content will not infringe or violate the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the Terms; (iii) no money will be owing to any party as a result of the posting or use of the User Content or its use as contemplated by the Terms; and (iv) you will be responsible for all User Content submitted through your account, and for all purposes under the Terms, all User Content submitted from your account shall be deemed to have been submitted by you.
Golden Steer does not endorse any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted on the Services, in addition to all other rights it has under the Terms, at law or in equity, Golden Steer reserves the right, in its sole and absolute discretion, to remove without notice, or refuse to post in the first instance, any User Content.
Any private or public communications, including any User Content, sought to be posted on the Services must conform, in the sole and exclusive opinion of Golden Steer, to the following rules and standards. It must: (i) conform to all applicable laws, including intellectual property, privacy and defamation laws, (ii) be appropriate in the context of the general purposes of the Services; (ii) not be vulgar, derogatory, obscene, pornographic, patently offensive, defamatory hateful, abusive or promote racism or discrimination of any kind; (iii) not provide personal information, or solicit such information from any other user of the Services; (iv) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;” (v) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; and (vi) not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by the Terms.
If you wish to share feedback with us about product selection, pricing, ordering, delivery, or other customer service issues, please contact us directly at rare@goldensteer.com. Do not submit this feedback through a product review or Question and Answer. Any such reviews will be removed from the Services.
For product reviews and answers, you can report possible violations of these guidelines by emailing rare@goldensteer.com with specifics on the abuse, a link to the page, screenshot, and the reason you believe it violates these guidelines.
By submitting User Content, you hereby grant Golden Steer a perpetual, unlimited, non-exclusive, fully sub-licensable, irrevocable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Please do not share anything you do not want to share with the general public. You represent and warrant that the user content you posted does not violate the privacy or publicity rights, copyrights, contract rights or any other rights including moral rights of any person. We will not be liable for any User Content, including, any errors or omissions, or any loss or damage incurred as the result of the use of any User Content in any manner. We are not responsible for any user’s use or misappropriation of any User Content you submit.
You understand that we may preserve User Content and may disclose User Content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce the Terms, respond to claims that any User Content violates the rights of third-parties, or protect the rights, property or personal safety of us, our users and the public. You understand that the technical processing and transmission of the Services, including your User Content, may require transmitting over different networks and changes to conform to technical requirements of connecting devices or networks.
ERRORS, INACCURACIES, AND OMISSIONS
Golden Steer is not responsible if information made available in connection with the Services is not accurate, complete, or current. The material on the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Services is at your own risk.
Occasionally, there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order).
The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on the Services. You agree that it is your responsibility to monitor changes to the Services.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your device’s display of any color will be accurate.
We undertake no obligation to update, amend, or clarify information on the Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information in the Services has been modified or updated.
RECIPES AND FOOD PRODUCTS
Golden Steer offers recipes and information dealing in the preparation of food. Golden Steer in no way provides any warranty, implied or otherwise, regarding the content of recipes available through the Services. It is your responsibility to determine the value and quality of any recipe or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions. All use of recipes or other guidance taken from the Services is done so at your own risk. Golden Steer is not responsible for any damage, medically or otherwise, resulting in preparation of food using the instructions or recipes provided through the Service. You must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the consumption of the ingredients listed in recipes on the Service.
Users concerned with food allergies need to be aware of these risks and should confirm all food allergies and intolerances before preparing or consuming any items. Golden Steer is not responsible for identifying ingredients that may cause allergic reactions for those with food allergies. To the extent you believe you are having a medical or health emergency, call your health care professional or 911 immediately.
PRIVACY
Please review the Golden Steer Privacy Policy which applies to personal information obtained from or provided by you on the Services.
CONSENT TO COMMUNICATIONS AND TEXT MESSAGING
When you use the Services, you may be given the opportunity to consent to receive transactional, sales, and marketing communications from us via text message, including if you provide your consent through our telephone system for our restaurant location. By providing your phone number and expressly agreeing to such text message communications from us, you provided your express written consent to receive such text messages from or on behalf of us to the phone number you provided even if your number is registered on the national or a state do not call registry. This includes marketing texts made using an autodialer or an automated system for the selection and/or dialing of telephone numbers. You also warrant and represent that you are either the account holder/subscriber of any mobile phone numbers you provide to us, or you have the express permission of the account holder/subscriber to provide such phone numbers to us for such texts from or on behalf of us to the numbers.
You understand and acknowledge that your consent to marketing texts is not required to use the Services or to do business with us. You may revoke your consent to marketing texts at any time. Reply “STOP” to any text message from us to unsubscribe from future marketing texts. You agree to and may then receive a single final text message confirming your opt-out from future marketing texts. You agree that if and before you disconnect or transfer your mobile number, you will text “STOP” to us in order to stop future messages from being sent to that number.
You agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or contains hate speech. You acknowledge that we may or may not monitor or screen mobile message content you provide, but shall have the right, without obligation and in our sole discretion, to monitor, screen, or refuse any content you make available, including content that violates the Terms.
Standard texting rates will apply to our phone communications with you. By providing your phone number to us and agreeing to texts, you acknowledge and agree that the receipt of such communications may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your receipt of these communications.
LIABILITY DISCLAIMER
YOU AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS. GOLDEN STEER AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, “THE GOLDEN STEER ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE GOLDEN STEER ENTITIES MAKE NO WARRANTY THAT THE SERVICES OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS, THE SERVICES WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THE RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND ANY SERVICES ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM GOLDEN STEER ENTITIES, THROUGH THE SERVICES SHALL CREATE ANY WARRANTY RELATING TO THE SERVICES OR SUCH PROGRAM NOT EXPRESSLY STATED IN THE TERMS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE GOLDEN STEER ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GOLDEN STEER ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND NOT FOLLOWING PRINTED DIRECTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GOLDEN STEER ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE GOLDEN STEER ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN GOLDEN STEER AND YOU. THE PRODUCTS, INFORMATION, AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) IF YOU ARE A CUSTOMER OF A GOLDEN STEER ENTITY, THE MAXIMUM LIABILITY OF THE GOLDEN STEER ENTITIES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION, OR SERVICE PURCHASED BY YOU FROM GOLDEN STEER ON THE SERVICES.
BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR PARTICIPATION IN ANY PROGRAM OR WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
WE MAKE NO GUARANTEE OR WARRANTY WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES FOR INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
INDEMNIFICATION
You will indemnify Golden Steer, and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in the Terms; (ii) your use of the Services; and/or (iii) any violation of the Terms. You agree that your representations and warranties, and your obligation to indemnify Golden Steer, shall survive beyond any term that the Terms are in effect.
COPYRIGHT, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY
You acknowledge that all materials on the Services, including the Services’ design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, “Materials”), are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively, “Marks”) contained on the Services, including without limitation Golden Steer and Sergio’s Seasoning] are the sole property of Golden Steer. In addition, all page headers, custom graphics and custom icons are Marks of Golden Steer. Golden Steer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Materials and Marks only in the manner permitted by Golden Steer for your personal and non-commercial use only (the “License”). This License remains in effect until the Terms are terminated by either you or us in accordance with the Terms. Any unauthorized use of the Materials or Marks shall be grounds for termination of the License. All rights not expressly granted herein are reserved by Golden Steer and its licensors. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved.
AFFILIATE PROGRAM
Subject to your compliance with these Terms and our Affiliate Terms, you may participate in the Golden Steer Affiliate Marketing Program (the “Affiliate Program”) through which you may be eligible to receive a unique referral code and/or link to share with potential new Golden Steer customers in order to earn commissions for qualifying sales purchased using such code or through such link. You may sign up for the Affiliate Program here. By signing up for our Affiliate Program, you agree to be bound by our Affiliate Terms available here. You must be 21 years of age or older in order to participate in our Affiliate Program.
ENTIRE AGREEMENT
The Terms constitutes the only agreement between us and you with respect to the subject matter of the Terms. The Terms supersedes all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of the Terms.
SEVERABILITY AND INTERPRETATION
If any provision of the Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from the Terms and the remainder of the Terms will remain in force. When used in the Terms, the term “including” will be deemed to be followed by the words “without limitation”.
JURISDICTION
All questions concerning the construction, validity, enforcement and interpretation of the Terms shall be governed by and construed in accordance with the domestic laws of the State of Nevada, without giving effect to any choice of law or conflict of law.
To the fullest extent permitted by law, you will not be permitted to obtain awards for, and by accessing and/or using the Services you waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and you further waive all rights to have damages multiplied or increased. Any and all claims, judgments, and awards shall be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and costs.
Notwithstanding anything to the contrary set forth in the Terms, Golden Steer may at any time seek injunctive or other appropriate relief against you and/or against others, in in the state courts of competent jurisdiction located in Nevada, or the U.S. District Court for the District of Nevada in the event that Golden Steer believes that there is a violation, or a threatened violation, of any of Golden Steer’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY USING THE SERVICES, OR BY OTHERWISE AGREEING TO THESE TERMS OF SERVICE, YOU AND GOLDEN STEER ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND GOLDEN STEER AGREE THAT YOU MAY BRING CLAIMS AGAINST GOLDEN STEER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, OR OTHER COMBINED PROCEEDINGS ARE NOT PERMITTED.
You and Golden Steer agree that any and all claims and disputes arising from or relating in any way to the subject matter of the Terms, your use of the Services, or your and Golden Steer’s dealings with one another (including, but not limited to, your receipt of marketing telephone calls, text messages, emails, or other communications from or on behalf of Golden Steer) shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. You and we also agree that the arbitration provision and class action waiver apply to claims made regarding past, present, or future conduct, and also apply to claims made independently or with other claims.
This agreement to arbitrate is intended to be interpreted broadly. YOU AND WE AGREE THAT “CLAIMS” AND “DISPUTES” SUBJECT TO THIS ARBITRATION PROVISION THEREFORE ARE TO BE GIVEN THE BROADEST POSSIBLE MEANING AND INCLUDE CLAIMS OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED TO, INITIAL CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, AND THIRD-PARTY CLAIMS, AND CLAIMS BASED ON ANY FEDERAL, STATE, OR LOCAL CONSTITUTION, STATUTE, REGULATION, ORDINANCE, WARRANTY, COMMON LAW RULE (INCLUDING RULES RELATING TO CONTRACTS, TORTS, NEGLIGENCE, FRAUD, OR ANY OTHER INTENTIONAL WRONGS), AND EQUITY. THEY INCLUDE CLAIMS AND DISPUTES THAT SEEK RELIEF OF ANY TYPE—INCLUDING ACTUAL, STATUTORY, OR PUNITIVE DAMAGES AND/OR INJUNCTIVE, DECLARATORY, OR OTHER EQUITABLE RELIEF.
There is no judge or jury in arbitration. Generally, arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. Neither you nor Golden Steer will be able to have a court or jury trial or participate in a class action or class arbitration. You and Golden Steer each understand and agree that by agreeing to resolve any dispute through individual arbitration, YOU AND GOLDEN STEER ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate or combine the claims or arbitrations of multiple parties.
In the event of a dispute, and before initiating an arbitration proceeding under this section, you and Golden Steer agree that the party alleging a dispute must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, a brief summary the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to rare@goldensteer.com and/or via mail to Golden Steer Steaks, LLC, 308 W. Sahara Avenue, Las Vegas, NV, 89107, Attention: Management. We will send any notice of dispute to you at the contact information we have for you. You and Golden Steer agree to attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding in accordance with this section.
If you and Golden Steer do not resolve a dispute by informal negotiation, the dispute shall be resolved by binding individual arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. The arbitration will be governed by the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this section. The arbitration will be conducted by JAMS using one arbitrator with substantial experience in resolving consumer contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and Golden Steer both agree upon in writing or that is appointed pursuant to section 5 of the Federal Arbitration Act.
For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you, and Golden Steer must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online remote appearances and/or written submissions (or some combination thereof); and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules and the hearing (if any) will be conducted under the JAMS Rules in person (at a mutually-agreeable location) or virtually by conference call, videoconference, or using other communications technology with participants in one or more geographical places, or in a combined form. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267.
This arbitration agreement involves interstate commerce and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and not by state law. THE ARBITRATOR SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER APPLICABLE SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY, AND PUNITIVE DAMAGES, AS WELL AS DECLARATORY, INJUNCTIVE, AND OTHER EQUITABLE RELIEF—INCLUDING PUBLIC INJUNCTIVE RELIEF AND ATTORNEYS’ FEES AND COSTS.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or Golden Steer) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred. Further, if you demonstrate that paying the arbitrator’s costs and fees would be prohibitively expensive for you, Golden Steer shall pay those costs and fees regardless of whether you prevail in the arbitration—unless the arbitrator determines that your claim was frivolous.
You and Golden Steer empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of the Terms or the arbitration provision—including the formation of the agreement, the arbitrability of any dispute, and any claim that all or any part of the Terms are void or voidable (such as, but not limited to, whether the arbitration provision is unconscionable).
Notwithstanding any provision in these terms to the contrary, you and we agree that if the class action waiver above is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and any proceeding shall be brought and proceed exclusively in the state courts of competent jurisdiction located in Nevada, or the U.S. District Court for the District of Nevada.
If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in Nevada, or the U.S. District Court for the District of Nevada, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial and waive any right to initiate or proceed in a class or collective action. You also remain bound by any and all limitations on liability and damages included in the Terms. This arbitration agreement and class action waiver shall survive termination of your use of the Services or termination of our dealings.
AN INTENDED BENEFICIARY OF THIS ARBITRATION PROVISION MAY ENFORCE IT IN FULL OF RESPECT TO ANY CLAIMS BETWEEN THEM ON THE ONE HAND AND YOU ON THE OTHER ARISING FROM OR IN ANY WAY RELATING TO THESE TERMS, OUR DEALINGS WITH YOU, OR THIS ARBITRATION PROVISION. INTENDED BENEFICIARIES ARE OUR AGENTS, PRINCIPALS, REPRESENTATIVES, DIRECTORS, OFFICERS, SHAREHOLDERS, GOVERNORS, MANAGERS, AND MEMBERS. INTENDED BENEFICIARIES ALSO ARE OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSEES, ATTORNEYS, PREDECESSORS, SUCCESSORS, JOINT VENTURERS, CONTRACTORS, ASSIGNS, DESIGNEES, SERVICERS, AND SERVICE PROVIDERS. A SERVICE PROVIDER IS ANY THIRD-PARTY PROVIDING US OR ANY INTENDED BENEFICIARY ANY GOODS OR SERVICES ARISING OUT OF OR IN ANY WAY RELATING TO OUR DEALINGS WITH YOU OR THIS ARBITRATION PROVISION. INTENDED BENEFICIARIES INCLUDE PAST, PRESENT, AND FUTURE PERSONS LISTED IN THIS PARAGRAPH. THIS ARBITRATION PROVISION MAY BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY PURPORTING TO BRING CLAIMS ON YOUR BEHALF, INCLUDING ANY AGENT, REPRESENTATIVE, GUARDIAN, OR TRUSTEE. THIS ARBITRATION PROVISION MAY ALSO BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY WHO ACQUIRES ANY RIGHT OR INTEREST THAT, BUT FOR THE TRANSFER OF THE RIGHT OR INTEREST, WOULD HAVE BELONGED TO US OR AN INTENDED BENEFICIARY OF THIS ARBITRATION PROVISION. YOU ALSO ACKNOWLEDGE THAT YOU SHALL BE ESTOPPED FROM DENYING AN OBLIGATION TO ARBITRATE COVERED DISPUTES WITH AN INTENDED BENEFICIARY.
If you wish to opt-out of this agreement to arbitrate, within 45 days of when you first use any of the Services or submit through any of the Services a request for information, you must send Golden Steer an email or letter stating “Request to Opt-Out of Agreement to Arbitrate” at the following email address or mailing address AND MUST INCLUDE YOUR FULL NAME, MAILING ADDRESS, AND TELEPHONE NUMBER:
Email Address: rare@goldensteer.com
Mailing Address: Golden Steer Steaks, LLC, 308 W. Sahara Avenue, Las Vegas, NV, 89107, Attention: Management.
If you do not opt-out within 45 days of when you first use any of the Services or submit through the Services a request for information, then you are not eligible to opt-out of this arbitration agreement. In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state courts of competent jurisdiction located in Nevada, or the United States District Court Nevada, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in the Terms.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
MISCELLANEOUS
You may not assign the Terms, by operation of law or otherwise, without our prior written consent. Subject to that restriction, the Terms will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.
The failure of Golden Steer to enforce your strict performance of any term of the Terms will not constitute a waiver of such term and will not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of the terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred. The “Liability Disclaimer” provisions of the Terms are for the benefit of all Golden Steer entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
YOUR COMMENTS AND CONCERNS
This Website is operated by P&M Holdings, LLC, d/b/a Golden Steer, 308 W. Sahara Avenue, Las Vegas, NV, 89107 USA.
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: rare@goldensteer.com.
Last Modified: December 31, 2024
Version: 1.0