Updated Terms of Service – 10/05/2020
1. Description of Services.
In the Site, Muenster Milling Co provides users with access to sales of pet items online (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. License and Site Access.
Muenster Milling Co grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site or the framing of any Content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as, but not limited to, the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose(in Muenster Milling Co’s sole discretion) an unreasonable or disproportionately large load on Muenster Milling Co’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Muenster Milling Co to prevent or restrict access to the Site. Any unauthorized use by you shall immediately terminate the permission or license granted to you by Muenster Milling Co.
3. Membership Eligibility.
The Site and Services are not available to minors under the age of 18 or to any users suspended or removed from the system by Muenster Milling Co for any reason. Additionally, you are prohibited from selling, trading, or otherwise transferring your Muenster Milling Co account to another party. If you do not qualify, you may not use the Muenster Milling Co Service or the Site.
4. Your Account
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Muenster Milling Co has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Muenster Milling Co has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Services (or any portion thereof). You are responsible for maintaining the confidentiality of your account information and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Muenster Milling Co immediately of any unauthorized use of your account or any other breach of security. Purchasing from Muenster Milling Co with your account puts your payment method on file upon checkout. When selecting an order that ships on a later date, the payment will still be processed on the day the order is submitted. Muenster Milling Co reserves the right to refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
5. Description of Muenster Milling Co products, and services:
Muenster Milling Co provides users with a simple way to manage their ongoing pet food purchases. We strive to provide the best service, prices and experience. If at any time during your membership in our program you would like to change or cancel your order(s), you may do so as long as the product has not shipped yet by immediately online by logging into your account or speaking with a customer service representative. For a full description of our shipping and return policy please click here.
6. Submitted Content.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to Muenster Milling Co through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Muenster Milling Co, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Muenster Milling Co and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting Muenster Milling Co a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
7. Disclaimer of Warranty.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, SERVICES, CONTENT AND ALL PRODUCTS PURCHASED VIA THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF THE MUENSTER MILLING CO PARTIES GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE, SERVICES, CONTENT OR PRODUCTS PURCHASED VIA THE SITE. NONE OF THE MUENSTER MILLING CO PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE SITE, SERVICES, CONTENT AND ALL PRODUCTS PURCHASED BY YOU VIA THE SITE IS ASSUMED SOLELY BY YOU. NONE OF THE MUENSTER MILLING CO PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM, ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, CONTENT OR THE PRODUCTS PURCHASED VIA THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, CONTENT OR PRODUCTS PURCHASED VIA THE SITE IS TO STOP USING THE SITE AND SERVICES.
Muenster Milling Co attempts to be as accurate as possible with product descriptions and prices. However, Muenster Milling Co does not warrant that product descriptions or prices are accurate. In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Muenster Milling Cos suppliers, Muenster Milling Co shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Muenster Milling Co shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged.
8. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MUENSTER MILLING CO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (EACH, A “MUENSTER MILLING CO PARTY”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MUENSTER MILLING CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS PURCHASED VIA THE SITE.
You agree to indemnify, defend and hold the Muenster Milling Co Parties harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, your use of the Site or Services, or your violation of any law or the rights of a third party.
10. Electronic Communication.
When you use the Site or send emails to Muenster Milling Co, you are communicating with Muenster Milling Co electronically. You consent to receive communications from Muenster Milling Co electronically. Muenster Milling Co will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Site or third parties may provide links to other World Wide Web sites or resources. Because Muenster Milling Co has no control over such sites and resources, you acknowledge and agree that Muenster Milling Co is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Muenster Milling Co shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Access To Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
13. Modification and Notification of Changes.
Muenster Milling Co reserves the right to have a price increase at any time, whether enrolled in autoship or not. Muenster Milling Co. also reserves the right to update the items in your autoship schedule to a “new & improved” item, or a replacement product of like kind at a new and updated price.
14. Intellectual Property Rights.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Muenster Milling Co and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Muenster Milling Co or such third party which may own the Marks. All information and content available on or through the Site, including, without limitation, any software programs, (“Content”) is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights and is the property of Muenster Milling Co. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
15. Procedure for Claims of Intellectual Property Infringement.
Muenster Milling Co respects the intellectual property of others, and we ask our users to do the same. Muenster Milling Co may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Muenster Milling Co’s Copyright Agent the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;
iii. a description of where the material that you claim is infringing is located on the Site;
iv. your address, telephone number, and email address;
v. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Muenster Milling Co’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Muenster Milling Co.
202 S. Main St.
Muenster, TX 76252
Muenster Milling Co may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 12.
16. Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
Any coupons that you see on our site or attempt to use are subject to the following terms:
i. If there’s no expiration date, it is assumed that it expires the date it was published
ii. Limited quantity: We may run out of product during a sale, if you do not get a notification at checkout that we are out of the product, then we have the right to inform you post checkout and offer you a refund
iii. Combining coupons: We do not allow coupons and discounts to be combined in most circumstances, we have the right to contact you and let you know that special is no longer available
iv. If you miss a coupon code, we are unable to apply retroactively
We reserve the right to refuse service 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 Service, use of the Service, or access to the Service or any contact on the website through which the service is 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.
Fraudulent Activity. Please respect these Terms and our Program by only referring real individuals who meet our requirements. Muenster Milling Co reserves the right to void any Referral Credits and take any action we deem reasonably necessary if we suspect any fraud on your part. For instance, having multiple accounts with alternate email addresses or identities is a violation of these Terms, and may result in us taking action, including terminating your account with us and/or forfeiture of all Referral Credits in your account.
Marketing Emails. By participating in this Program and referring a Friend, you are agreeing to receive our marketing emails to the email address you provide to us. If you wish to stop receiving these emails at any time, please opt out using the link at the bottom of the relevant email or by writing to [email protected]
No Spam. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation, or any posting of this link on any website or social media or other forum is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Muenster Milling Co’s Refer-a-Friend program.
Right to Cancel Program or Change Terms. We reserve the right to modify or amend these Terms, the Program, or any part of such, at any time and for any reason. We may also deny participation to the Program if we have any reason to believe that you are not in compliance with these Terms or the Program.
Occasionally, our site will have sales which include the give away of products from other companies as a promotional gift. When these sales occur, the order is considered “Non-Refundable” and a “No Return” sale. We are not liable for these promotional gifts being damaged in the shipping process.
If you have any questions regarding your order, our policies, or anything else please don’t hesitate to contact us here.
19. Our 30-day satisfaction guarantee & Return/Refund Policy
- If UPS delivers and marks your package as delivered, it is not our responsibility to ensure it stays on your porch. We cannot guarantee it will not be stolen or damaged by elements.
- If there is a damaged shipment, after we receive photos and a description of the issue, we can issue you a store credit for the cost of the product.
- If you receive the wrong product, we will send you a return label and schedule the product to ship within 1 business day.
- If your dog doesn’t like the food, we can issue you a store credit after we receive the product as long as it’s within 30 days of purchase & you will receive an additional 20% discount on your subsequent order.
- If you feel as if your dog has gotten sick on our food, return the food to us after we get you a return label & will send you a free digestive topper, a store credit and a 20% off coupon.
- If you accidentally order or forgot to cancel the auto-ship, we can give you a store credit if the product hasn’t left our warehouse. If you receive the product, you may ship it to us at your expense and we can then give you a store credit after it arrives.
The only time you may not return product is if you purchase from us on Black Friday, Small Business Saturday, Cyber Monday & our 12 days of Christmas sales. All sales on these days are final.