Terms of Service

OVERVIEW

This website is owned and operated by PHI Holdings, LLC D/B/A Pork & Mindy’s (Pork & Mindy’s). Throughout the site, the terms “we”, “us” and “our” refer to Pork & Mindy’s. Pork & Mindy’s offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions ( collectively as the “Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions contained herein, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service, without modification or supplementation.

Any new features or tools which are added to the site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – TERMS OF USE OF SITE

By using the website, you represent that you are at least the age of majority in your state or province of residence.

All purchases of products or Services shall be subject to the Terms of Sale.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of the Services.

The site may not be used for commercial purposes of any kind (other than making purchases of products and Services), including but not limited to advertising, soliciting, linking or any other form of solicitation or communication, without our prior written consent. Without limiting the foregoing, you may not use the site to link to other websites for the purpose of selling merchandise or information of any kind, and you may not link to the site without our prior written consent.

Your use of the Site may be regulated by federal, state and local laws or regulations. You acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND UPON REQUEST, MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT.

You agree that you will not use any robot, spider or other automatic device, process or means to (i) access the site or (ii) circumvent, avoid or defeat any security measures or systems used on the site. You will not use any manual process to monitor or copy the site for any unauthorized purpose. You will not use any device, software or routine that interferes with the proper functioning of the site, nor will you attempt to interfere with the proper functioning of the site or any of its features. You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse Services to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the site is not accurate, complete or current. The material on the site 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 site is at your own risk.

The site 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 site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

SECTION 4 – MODIFICATIONS TO PRODUCTS, SERVICES AND PRICES

Prices for our products and Services are subject to change without notice.

We reserve the right at any time to modify or discontinue products or Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of products or Services.

SECTION 5 – LIMITATIONS ON PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or services may have limited quantities and may not be returned or exchanged.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the site. We cannot guarantee that the display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or Services made on the site is void where prohibited.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 6 – NO WARRANTIES

We do not warrant the quality, materials or workmanship of any products, Services, information, or other material purchased or obtained on the site. All implied and express warranties are disclaimed to the full extent permitted by law.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made on the site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 8 – THIRD-PARTY TOOLS

We may provide you with access to third-party tools which we neither monitor nor over which we have any control or input.

You acknowledge and agree that we provide access to such tools ”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 tools.

Any use by you of optional tools 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 on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 – THIRD-PARTY LINKS

Certain content, products and services available via our Services may include materials from third parties.

Third-party links on the site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and terms of use and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party websites or products should be directed to the third party.

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you provide to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is inappropriate, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

You may be exposed to other users’ Comments when using the site. We are not liable or responsible for the intellectual property rights of or relating to such Comments. You agree and acknowledge that such Comments may be inaccurate, offensive, indecent or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against us with respect thereto. You may be held liable for any illegal or prohibited Comments you provide to the site, including but not limited to infringing, defamatory or offensive materials. You agree to indemnify and hold us harmless to the fullest extent permitted by law regarding all such matters relating to your use of the site.

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 12 – COPYRIGHT POLICY

The proprietary content of the Site (the “Content”) is the property of Pork & Mindy’s and is protected by copyright and other restrictions. You may not copy, modify, distribute or otherwise use any of the Content, except for your personal and non-commercial use. You may not use or frame any Pork & Mindy’s name, trademark or logo, images posted on the site, any text, the design of any page, any form contained on a page or other proprietary materials without Pork & Mindy’s prior written consent. Any copyright related questions or comments should be sent to info@porkandmindys.com.

SECTION 13 – TRADEMARKS

The names, titles, trademarks, service marks and logos displayed on the site (collectively, the “Trademarks”) are registered or unregistered common law trademarks of Pork & Mindy’s or third parties. Nothing contained in the site grants any license or right to use any Trademark without the prior written consent of Pork & Mindy’s or the appropriate third party that owns the Trademark. Any unauthorized use of the Trademarks is prohibited.

SECTION 14 – DISCLAIMER

The site and all contents of the site are provided on an “as-is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the site, and that we will not be liable for any damages of any kind related to your use of the site.

We assume no responsibility and will not be liable for (i) any errors or omissions in the content of the site or (ii) damage to or viruses that may infect your computer equipment or other property on account of your use of the site or your copying or downloading of any text, images or other content from the site.

We disclaim any and all liability for the acts, omissions and conduct of any third party users of the site or any platform or SNS hosting the site, or otherwise related to your use of the site. We are not responsible for the products, services, actions or failure to act of any platform, SNS or other third party in connection with the site.

SECTION 15 – LIMITATION OF LIABILITY

In no event will Pork & Mindy’s, its subsidiaries and affiliates, members, managers, officers, employees, agents and representatives be liable for any indirect, consequential, special, punitive or incidental losses or damages, including but not limited to loss of business or lost profits, business interruption or loss of business information, incurred by you or any third party, regardless of the form of action, whether in contract, tort or otherwise, and regardless of whether the cause of action arises from use of the site or any action or failure to act by us, even if we have been advised of the possibility of such damages or loss.

SECTION 16 – RELEASE AND WAIVER

By using the site, you fully waive and release Pork & Mindy’s and its subsidiaries and affiliates, and each of their respective members, managers, officers, shareholders, employees, agents, representatives and licensors from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way relating to the site, your use of the site, other users’ use of the site and any dispute you have or claim to have against us or one or more users of the site.

You acknowledge that you may have or may in the future have claims against Pork & Mindy’s which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms.

SECTION 17 – INDEMNIFICATION

You agree to defend, indemnify and hold Pork & Mindy’s harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees and costs, arising from or related to your use of the site, including but not limited to your use of the site in violation of these Terms. This defense and indemnification obligation will survive these Terms and your use of the site.

SECTION 18 – SEVERANCE AND WAIVER

In the event any provision of these Terms is held by a court to be invalid, unlawful or unenforceable, the validity, legality and enforceability of the remaining provisions contained in these Terms will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision by us, and no single or partial exercise by us of any right or remedy precludes other or further exercise thereof or the exercise of any other right or remedy.

SECTION 19 – GOVERNING LAW, VENUE AND JURISDICTION

These Terms are governed by the laws of the State of Illinois, without regard to its conflicts of laws principals. Any case, controversy, suit, action, or proceeding arising out of, in connection with or related to these Terms must be brought in a federal or state court located in Cook County, Illinois, and you hereby waive any objection to the exclusive jurisdiction of such courts. You hereby consent and submit to the jurisdiction of any local, state, or federal court located within said county and state. You hereby waive any right or basis you may otherwise have to transfer or change or object to the venue of any litigation arising out of, in connection with or related to these Terms in accordance with this paragraph.