Terms of service

A5 Meat Company, LLC (“A5” “we” “us”) provides access to our ordering and delivery services (the “Services” or our “Platform”) subject to the following Terms of Service, which may be updated by us from time to time without notice to customer or end users (“you”), but which will always be posted on our website (the “Website”). 

By browsing public areas of the Website or by accessing and using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). 

If you do not agree to any of these terms, then please do not use the Website or the Platform. Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our Privacy Policy.

1. Description And Use of The Platform

A5 is a meat distribution company that provides the finest cuts of wagyu to the world’s top chefs and to consumers with fine tastes. With more than 40 years of combined industry experience from wagyu importation, culinary mastery, fine dining, and technology, we bring a unique and forward-thinking approach to the future of food.

Our culinary-forward approach to meat distribution introduces full cow utilization and accelerates the conversation of sustainable food consumption while bringing a brand new meaning to "farm-to-table." By introducing new premium cuts of meat to the current market, we increase market share for the farmer and introduce the consumer palate to an entirely new culinary experience.

Visitors. Visitors are those that use our Website and  Platform to: (i) select the type of order or plan you want; and (ii) sign up for our newsletter. We provide Visitors with access to our Website and Platform as described in this Agreement.

1. Website and Platform Guidelines

By accessing and/or using A5’s Website or Platform, you hereby agree to comply with these community rules and that:

• You must be the age of majority in your jurisdiction and capable of entering into binding contracts;
• You will not use the Website or the Platform for any unlawful purpose;
• You will not access or use the Website or the Platform to collect any market research for a competing business;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
• You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website or Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website or the Platform; and
• You will not interfere with or attempt to interrupt the proper operation of the Website or the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data mining, or any other means.

3. Payment

You agree that A5 may immediately authorize your credit card (or other approved facility) for payment for any charges incurred as part of your order(s) (collectively, your “account”).

You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account.

If you have a question about any A5 charge on your credit card statement, please follow the instructions found on the Website to contact customer service.

Continuous Subscription Options

IF YOU SIGN UP FOR A RECURRING DELIVERY PLAN, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE AUTOMATICALLY ENROLLED INTO A CONTINUOUS SUBSCRIPTION SERVICE. YOU ACKNOWLEDGE THAT YOUR CREDIT CARD (OR OTHER PAYMENT VEHICLE) WILL BE CHARGED IMMEDIATELY UPON SIGN UP, AND ON A RECURRING BASIS FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES. YOUR SUBSCRIPTION WILL AUTO RENEW UNTIL IT IS DEACTIVATED BY YOU OR US. YOU ACCEPT THAT BY SIGNING UP FOR A CONTINUOUS SUBSCRIPTION SERVICE, YOU ARE RESPONSIBLE FOR ALL CHARGES INCURRED PRIOR TO DEACTIVATION.

Cancellation Policy

You may cancel orders so long as they are not in the process of shipping at the time we receive your request to cancel by reaching out to our Customer Support. When contacting us, you must provide your full name, registered email address, and reference the specific order you would like to cancel. Cancellation for subscription plans will take effect on the billing cycle following your notice of cancellation. You are solely responsible for all charges that occur prior to cancellation and for all orders actually shipped.

4. Ordering And Delivery

If we are not able to service your geographic area, we will make reasonable efforts to notify you. 

We use reliable third-party delivery companies to deliver, and each box is carefully packaged to stay fresh until at least the time of delivery. However, to maintain the highest quality and integrity of meats after delivery, we recommend that you immediately refrigerate the items when you receive them. Furthermore, you should inspect your package to ensure the contents arrive in a cool, refrigerated condition.

If you are not home when a delivery arrives, our delivery person will leave the package for you at your door. Our food is packaged with insulated liners and will generally remain cold and fresh for a few hours after delivery is made.

If you would prefer that someone is required to sign for the delivery, please let us know the specific instructions. In such cases, if you, your doorman, your neighbor, or your alternate receiver is not present at the time of delivery, we will use commercially reasonable efforts to contact you and reschedule the delivery (in which case our standard re-delivery fees shall apply). If we are unable to reschedule the order for any reason, the order will be canceled and you will be charged the applicable fee for the order and the redelivery fee. 

Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. In cases in which you have designated an alternative receiver, such person shall accept the meals under all of the same terms and conditions that would apply had you accepted the delivery yourself.

Weather

In the case of weather which inhibits the ability to make safe deliveries or other events beyond our control that interfere with our ability to deliver your order (in each case, the “Product”), we will attempt to deliver the Product as soon as reasonably possible. In some cases, delivery may occur on a date other than your scheduled delivery day. If the delivery of the Product is not feasible, we will cancel your delivery for the period affected and issue you a Credit, as determined in our sole discretion, or refund of a part or the whole of the purchase price for that Product.

5. Refund Policy

After you accept delivery of an order from A5 that was ordered on our site, if you are not satisfied with a meal or meal ingredient, please contact us at sales@a5meats.com or by phone within 2 days of delivery. You may request an A5 credit (a “Credit”) redeemable through the Website. If part of an order is deemed defective, we reserve the right to determine in our discretion whether we will provide you with (1) a Credit or a refund in an amount equal to the value of the defective portion(s) or (B) a Credit or a full refund in an amount equal to the full value of the Product. We reserve the right to reject requests deemed to be fraudulent.

If you refuse delivery of a Product from us because you canceled the order prior to the order being shipped, and you are able to provide documentary evidence (for instance, a time-stamped email of the request or an auto confirmation email), we will process a Credit or a refund (including any applicable delivery charges) as soon as practicable and, in any case, within 30 days of your cancelation request.

If you refuse delivery of a Product from us for ANY OTHER REASON, we will notify you within a reasonable period of time whether you are entitled to a Credit or a refund (and, if so, the amount) by email. If we determine that you are entitled to a Credit or a refund, we will process such Credit or refund within 30 days of communicating our decision to you. Refunds are processed using the same payment method that you used to pay for your purchase.

6. Gift Cards and Promotions

You may purchase and/or otherwise receive Gift Cards through our Platform. All orders made with Gift Cards are subject to these Terms of Service in all respects. A5 Gift Cards may be redeemed only on our Website, and will result in the application of a credit to our order  in the amount of the Gift Card balance. Any Gift Card balance will be applied toward your purchase of A5 Products until the Gift Card is depleted. Gift Cards are not redeemable for cash or credit, except to the extent required by applicable law. A5 is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of Gift Cards are final and nonrefundable, unless you are not within our serviceable area.

7. Intellectual Property

Our Website and Platform contains material, which may include software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of A5 (collectively referred to as the “Content”). The Content may be owned by us or other third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.

If you violate any part of this Agreement, your permission to access and/or use the Content, the Platform, and the Services automatically terminates, and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of A5(the “A5 Trademarks”) used and displayed on the Website and Platform are registered and unregistered trademarks or service marks of A5. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with A5 Trademarks, the “Trademarks”).  Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.  All goodwill generated from the use of A5 Trademarks inures to our benefit.

Elements of the Website and the Platform are protected by trade dress, trademark, unfair competition, and other state, federal, and national laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors.

8. Communications To Us

Although we encourage you to email us, we do not want you to email us any content that contains confidential information. With respect to all emails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.

9. Warranty Disclaimer And Limitation Of Liability

YOU, AND NOT A5, ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, PREPARATION, STORAGE, AND COOKING OF MEATS UPON DELIVERY.

OUR FACILITIES MAY ACTIVELY STORE AND DISTRIBUTE INGREDIENTS THAT CONTAIN ALL EIGHT MAJOR FOOD ALLERGENS AS DETERMINED BY THE U.S FOOD AND DRUG ADMINISTRATION (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS, AND TREE NUTS). ALTHOUGH A5 TAKES PRECAUTIONS TO REDUCE THE RISK OF CROSS-CONTAMINATION BETWEEN INGREDIENTS, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS EITHER AT OUR FACILITY OR DURING TRANSIT.

YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING THE PRODUCTS. A5 DOES NOT REPRESENT OR WARRANT THAT THE NUTRITIONAL FACTS, INGREDIENTS, ALLERGENS, AND OTHER PRODUCT INFORMATION ON OUR WEBSITE OR EMAILS ARE ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY OUR SUPPLIERS AND MANUFACTURERS, AND DUE TO THE VARIABLE NATURE OF INGREDIENT AVAILABILITY. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR WEBSITE OR EMAILS AND THAT YOU CONTACT A5 AT SALES@A5MEATS.COM IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

OTHER THAN AS EXPRESSLY SET FORTH HEREIN: (I) WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM, THE SERVICES, THE CONTENT, THE TRADEMARKS, THE PRODUCTS ON THE PLATFORM, AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR ANY PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (III) YOU AGREE THAT YOU USE THE WEBSITE, PLATFORM AND THE SERVICES AT YOUR OWN RISK.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM YOUR PURCHASE OF THE MEALS OR YOUR USE OR INABILITY TO USE THE PLATFORM OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN ALL CASES, OUR MAXIMUM LIABILITY TO YOU (AND ANYONE CLAIMING RIGHTS THROUGH YOU) SHALL BE CAPPED AT THE MONIES PAID BY YOU TO A5 BASED ON THE ORDER(S) RELATED TO WHICH YOUR CLAIM AROSE.

A5 HAS MADE EVERY EFFORT TO DISPLAY THE PRODUCTS, COLORS, SIZES, WEIGHTS, CUTS AND OTHER THINGS YOU SEE ON THE PLATFORM AS ACCURATELY AS POSSIBLE. HOWEVER, THE FINAL PRODUCTS DELIVERED MAY VARY FROM THE IMAGES VIEWED ON THE PLATFORM DUE TO A NUMBER OF FACTORS THAT ARE NOT WITHIN OUR CONTROL, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCT AND RAW MATERIALS. ALTHOUGH WE WILL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO HELP ENSURE THAT ALL PRODUCTS CONFORM TO YOUR EXPECTATIONS, VARIATIONS SOMETIMES OCCUR. ALL MEAL AND PRODUCT PRICING, SPECIFICATIONS, AND OFFERINGS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE PLATFORM MAY CONTAIN INFORMATION ON PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE PLATFORM DOES NOT IMPLY THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION. THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS.

10. External Sites

The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

11. Indemnification

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Website, Platform or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

12. Compliance With Applicable Laws

Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

13. Termination Of The Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, Platform or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform or the Services at any time without prior notice or liability.

14. Miscellaneous

This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws provisions. You expressly and irrevocably agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of California; and (ii) that the Website, Platform and the Services shall be deemed passive and do not give rise to personal jurisdiction over A5, either specific or general, in jurisdictions other than the State of California. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRODUCTS, THE WEBSITE, THE PLATFORM, OR THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Payment,” “Intellectual Property,” “Communications to Us,” “Warranty Disclaimer and Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.