PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE.

This Agreement involving you and Painted Creek Farm Natural Beef states the terms and conditions under which you may use the Site and obtain our service, which includes processing and delivery of product orders. If you do not consent with all of the terms and conditions, do not use the Site.

Painted Creek Farm Natural Beef Satisfaction Guarantee

All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, we would like the opportunity to rectify the situation. Please notify PCF using our Contact page within 24 hours of receiving your order. If our guarantee has not been met, we will replace your order. Do not return any product to us.

Price and Availability

At Painted Creek Farm Natural Beef the best product at the best prices is one of our main values. The nature of our product (being perishable goods) can result in products becoming unavailable due to conditions beyond our control. If this occurs, we may exercise the right to limit your order. In the event that we are unable to fulfill your entire order we will make every practical effort to contact you prior to delivery.

Prices on orders are based per pound. The actual weight will typically be slightly more or less then advertised. Once the actual order total is calculated and your invoice is adjusted we then process the charge on your credit card for the exact amount of your order.

Ordering through the Site

Any orders placed typically take one (1) to seven (7) business days to process and one (2) to four (4) days in transit once the product is available. The sole purpose of the delay results from the finest beef being processed via our butchers and beef processors. We take great care and diligence to ensure that excellent quality beef is produced and is of the highest caliber. No refunds will be issued and once an order has been submitted, no cancellations or modifications will be accepted.

Delivery of Products

Painted Creek Farm Natural Beef uses state of the art packaging material to ensure your order will be delivered Frozen to your door. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. We guarantee your products will remain frozen at the time of delivery.

At the time of delivery, your order will arrive with an invoice that will list all of the items you have received and were billed for. If you have any questions or concerns about your shipment, please notify PCF using our Contact page within 24 hours of receiving your order.

In order to help prevent spoilage Painted Creek Farm Natural Beef has arranged for FEDEX to deliver your package at your location even if you are not there to receive the order at the time of delivery. By placing your order you hereby agree to having FEDEX release your order at your location in the event you are not there to receive it.

Due to the nature of shipping perishable items there are rare circumstances when delivery times may be adjusted. Such conditions may result from severe weather, or unanticipated delivery complications. If there will be a significant delay, a customer service agent may call or e-mail you to let you know the status of your delivery time. Conditions permitting, Painted Creek Farm Natural Beef will ship your order the moment it becomes possible.

Trademarks

"Painted Creek Farm Natural Beef ," all Painted Creek Farm Natural Beef logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Painted Creek Farm Natural Beef or otherwise proprietary to Painted Creek Farm Natural Beef and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in the Painted Creek Farm Natural Beef Service and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or the Painted Creek Farm Natural Beef Service.

Access to the Painted Creek Farm Natural Beef Website

By using our Site, You hereby affirm that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.

You acknowledge that from time to time the Painted Creek Farm Natural Beef Website may be inaccessible or inoperable for any reason, as well as, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Painted Creek Farm Natural Beef may undertake from time to time; or (iii) causes beyond the control of Painted Creek Farm Natural Beef or which are not reasonably foreseeable by Painted Creek Farm Natural Beef .

Your Account

By accepting Painted Creek Farm Natural Beef terms and conditions, you agree to pay in a timely fashion all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Painted Creek Farm Natural Beef, and accept responsibility for all activities that occur under your account and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement.

Warranty Disclaimer; Limitation of Liability; Indemnification

YOU EXPRESSLY AGREE THAT USE OF THE PAINTED CREEK NATURAL BEEF WEBSITE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE PAINTED CREEK NATURAL BEEF WEBSITE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PAINTED CREEK NATURAL BEEF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE PAINTED CREEK NATURAL BEEF WEBSITE; PAINTED CREEK NATURAL BEEF WEBSITE DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. PAINTED CREEK NATURAL BEEF WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE PAINTED CREEK NATURAL BEEF WEBSITE. PAINTED CREEK NATURAL BEEF WEBSITE DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER PAINTED CREEK NATURAL BEEF WEBSITE NOR ANY OF ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "Painted Creek Farm NATURAL BEEF PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, PAINTED CREEK NATURAL BEEF WEBSITE, OR THE INTERNET. PAINTED CREEK NATURAL BEEF'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH AN ORDER REPLACEMENT AFTER RECEIVING THE 24 HOUR REQUIRED NOTICE AS STATED IN OUR REFUND POLICY. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE PAINTED CREEK NATURAL BEEF WEBSITE AND TO TERMINATE THIS AGREEMENT. PAINTED CREEK NATURAL BEEF WEBSITE RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You agree to defend, indemnify, and hold Painted Creek Farm Natural Beef parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.

Entire Agreement

This Agreement and the Privacy Policy referred to herein represent your entire agreement with Painted Creek Farm Natural Beef regarding the use of the Painted Creek Farm Natural Beef Service and the Painted Creek Farm Natural Beef Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Painted Creek Farm Natural Beef, and Painted Creek Farm Natural Beef Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of Missouri without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Painted Creek Farm Natural Beef or relating in any way to your use of the Painted Creek Farm Natural Beef Service or the Painted Creek Farm Natural Beef Site resides in the federal and state courts of Missouri and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Missouri in connection with any such dispute, including any claim involving Painted Creek Farm Natural Beef Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or is barred.

Amendment

Painted Creek Farm Natural Beef has the implicit right to amend this Agreement at any time by posting the amended terms on our Site. All such amended terms shall automatically take effect one business week after any such updated terms are loaded into the paintedcreeknaturalbeef.com website. Any such use of the site after such conditions are listed is a legal binding agreement between you and Painted Creek Farm Natural Beef that you agree to all such conditions.

This Agreement was last revised on March 1, 2009