Terms

BOSSFoodCo.com Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE, WHICH INCLUDES OUR PRIVACY POLICY, BECAUSE IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE BOSS FOOD COMPANY.
Welcome to https://bossfoodco.com (and https://bossfoodco.com), which is operated by The BOSS Food Company, a Texas corporation (“The BOSS Food Company”, “we”, “us”, or “our”). We hope you enjoy your time here! Please review these Terms and Conditions of Use carefully because any use of our Site, including the use of, downloading or installing any software and/or Content (as defined herein) from or through our Site (or attempting to engage in any of these activities) means that you agree to be bound by and comply with these Terms, which includes our Privacy Policy. Any references to our Terms and Conditions of Use shall include our Privacy Policy as well. This document governs your relationship with us. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website may contain links to other websites (the “Linked Sites”), which are not operated by The BOSS Food Company. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site. Privacy Policy Our privacy policy, which sets out how we will use your information, can be found within this page/document at the end. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate. Prohibitions You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and The BOSS Food Company will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it. Intellectual Property, Software and Content The contents, including all text, graphics, photographic images and all other material contained on bossfoodco.com (collectively, the “Content”) are for your personal informational purposes only. The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of The BOSS Food Company or its licensors and are protected by copyright, trademark and other laws, regulations and treaties around the world. All such rights are reserved by The BOSS Food Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You must not delete or alter any copyright or other notice we place on any Content. You may not use Content in any way not expressly permitted by these Terms and Conditions. Such use will result in the automatic termination of your right to use the Content. The trademarks, names, slogans, logos, characters and service marks (collectively “Trademarks”) displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms and Conditions, is strictly prohibited. The BOSS Food Company will enforce its intellectual property rights to the fullest extent of the law. All rights not expressly granted herein are reserved. Terms of Sale By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with The BOSS Food Company you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to our payment processor (a third party, currently PayPal). The BOSS Food Company retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party with which you have contracted with. This will usually be The BOSS Food Company or may in some cases be a third party. Where a contract is made with a third party, The BOSS Food Company is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. (a) Our Contract When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. (b) Pricing and Availability Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery and shipping costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. (c) Payment Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. (d) Refund and returns As our products are perishable, all food sales are final. We will be happy to replace item(s) in the unlikely event that they are damaged or spoiled during transit. To ensure that you are satisfied with the product you receive, please inspect the contents as soon as your order arrives. We will not accept items claimed to be damaged or spoiled in transit after 7 business days post-delivery. The BOSS Food Company is not responsible for damage or loss as a result of shipments being returned to the freight location or being undeliverable as a result of incorrect address information you supply to us or for inability of a recipient to receive the package. If you wish for us to reship a package, you will be charged 50% of the product cost plus the full cost of Shipping/Handling. Refunds for goods can only be credited to the originating payment method. For more information, please contact our Customer Service department at 800.344.8584 8am – 6:30pm CT Monday – Friday. Nutrition and Wellbeing Information Certain Content presented on Site is intended to impart general nutrition and well-being information. The Content is not intended to be construed as or be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition. Users agree to never disregard professional medical advice or delay pursuing advice, diagnosis or treatment because of anything on or associated with our Site. If you think you may have a medical emergency, call your doctor or 911 immediately. Neither The BOSS Food Company nor bossfoodco.com recommends or endorses any specific tests, physicians, products, procedures, opinions, course of treatment or therapy or other information on or associated with the Site. You should always consult your own qualified health care professional concerning your particular circumstances and needs and not rely on our Site or Content. The Use of our Site is solely at your own risk. Disclaimer of Liability The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, The BOSS Food Company and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect The BOSS Food Company’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. Linking to this Website You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice. Disclaimer as to ownership of trade marks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with The BOSS Food Company and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to The BOSS Food Company. Information provided by you explicitly for public use You agree not to send, upload or transmit any communication or content of any type that infringes or violates any rights of any party or that violates these Terms of Use. By submitting or otherwise exchanging communications or content, you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated, and you agree that such User Content will not be considered or treated as confidential and (i) you acknowledge and understand others may see, read, use or re-transmit such User Content, (ii) you explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and (iii) that The BOSS Food Company is thereby granted a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed. The BOSS Food Company may sublicense its rights through multiple tiers of sublicenses. The BOSS Food Company, however, is under no obligation to use the User Content. Indemnity You agree to indemnify, defend and hold harmless The BOSS Food Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service. Variation The BOSS Food Company shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website. Invalidity If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law. Complaints We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Waiver If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Entire Agreement The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and bossfoodco.com / The BOSS Food Company. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of The BOSS Food Company. Updated February 25, 2016  

Privacy Policy

This Privacy Policy governs the manner in which The BOSS Food Company, a Texas corporation, collects, uses, maintains, and discloses information collected from users (each, a “User”) of the https://bossfoodco.com (and https://bossfoodco.com) website (“Site”). This privacy policy applies to the Site and all products and services offered by The BOSS Food Company. Personal identification information We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, respond to a survey, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information, etc. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities. Non-personal identification information We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information. Web browser cookies Our Site may use “cookies” to enhance User experience. Users’ web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly. Google Analytics This site uses Google Analytics, which is a web analysis service provided by Google. We also use Analytics Advertising Features. Google utilizes the data collected to track and examine the use of bossfoodco.com, to prepare reports on its activities and share them with other Google services. Google may use the data collected to contextualize and personalize the ads of its own advertising network. You can use opt-out to block this functionality. How we use collected information The BOSS Food Company collects and uses Users personal information for the following purposes:
  • To improve customer service Your information helps us to more effectively respond to your customer service requests and support needs.
  • To personalize user experience We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
  • To improve our Site We continually strive to improve our website offerings based on the information and feedback we receive from you.
  • To administer a content, promotion, survey or other Site feature To send Users information they agreed to receive about topics we think will be of interest to them.
  • To send periodic emails The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If Users decide to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Sharing your personal information We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission. Third party websites Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies. Changes to this privacy policy The BOSS Food Company has the discretion to update this privacy policy at any time. When we do, we revise the updated date at the bottom of this page,. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. Your acceptance of these terms By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes. Contacting us If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: The BOSS Food Company
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719 Sawdust Rd. Suite 204, The Woodlands, Texas 77380 800.344.8584 info@bossfoodco.com   Updated February 25, 2016