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Terms of Use

Welcome to OmahaSteaks.com. This web site, any related subdomains, microsites and the Omaha Steaks mobile web site (collectively, the "Site"), is operated by OmahaSteaks.com, Inc. ("OmahaSteaks.com") as a service to our customers on behalf of OmahaSteaks.com and its affiliates. These Terms of Use govern your use of this Site. Your use of the Site constitutes your acceptance of these Terms of Use. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH BELOW. BY ACCEPTING YOU ARE AGREEING TO EVERY PROVISION OF THIS AGREEMENT WHETHER OR NOT YOU HAVE TO READ IT.

OmahaSteaks.com may update or modify these Terms of Use at any time, without prior notice. By using this Site following any such change, you agree to be bound by the Terms of Use as changed. OmahaSteaks.com recommends you review these Terms of Use each time you visit the Site.

Use of the Site

All materials on this Site, including all images, text, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the "Content"), are intended solely for personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Content for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Content; (2) do not modify or alter the Content in any way; and (3) do not provide or make available the Content to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or this Site without first obtaining written permission from OmahaSteaks.com.

OmahaSteaks.com may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. OmahaSteaks.com also reserves the right to block or deny access to the Site to anyone at any time for any reason.

Copyrights and Trademarks

"Omaha Steaks", "Omaha Steaks Private Reserve", "Private Reserve" and "Triple-Trimmed," as well as related product and service names, design marks and slogans, are registered trademarks of Omaha Steaks International, Inc. and may not be used without permission. Unless otherwise noted, all Content is protected as copyrights, trademarks, service marks, trade names or other intellectual property owned, controlled or licensed by OmahaSteaks.com, one of its affiliates, or by third parties who have licensed their intellectual property to OmahaSteaks.com and is protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized duplication is a violation of law. No rights in any Content, including any trademark, service mark or trade name, are granted to you in connection with your use of this Site. OmahaSteaks.com and its affiliates and licensors expressly reserve all intellectual property rights in all Content. OmahaSteaks.com has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.

Comments and Feedback

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to OmahaSteaks.com on or by the Site or otherwise disclosed, submitted or offered to OmahaSteaks.com (collectively, "Comments") shall be and remain OmahaSteaks.com's property which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to OmahaSteaks.com of all worldwide rights, titles and interests in all copyrights and other intellectual property in the Comments. OmahaSteaks.com is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments. You agree that no Comments submitted by you to OmahaSteaks.com will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.

Patents

One or more patents may apply to this Site, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.

Prohibited Uses

Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited. Violations of system or network security may result in civil or criminal liability. OmahaSteaks.com will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for such user or logging into a server or account which user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Privacy and Your Information

We collect personal information about you. We gather some information through our relationship with you, such as your phone number, address, and information about your preferences. You can find out how we use, share and protect the information we collect about you in our Privacy Policy which is incorporated into these Terms of Use. By entering into this agreement you agree to the use of your information in accordance with our Privacy Policy, including, among other things, Collected Information and How We Use Your Information; Cookies Technology; Security. We provide you with choices to limit, in certain circumstances, our use of the data we have about you.

Disclaimer of Warranty

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER OMAHASTEAKS.COM NOR ITS AFFILIATES, SUBSIDIARIES OR DESIGNEES NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, PREDECESSORS IN INTEREST, SUCCESSORS, ASSIGNS, OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE OMAHASTEAKS.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER OMAHASTEAKS.COM, NOR ITS ASSOCIATES, WARRANTS THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE OMAHASTEAKS.COM SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE OMAHASTEAKS.COM SITE. FURTHER, OMAHASTEAKS.COM MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE OMAHASTEAKS.COM SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES. OMAHASTEAKS.COM AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY OMAHASTEAKS.COM OR ITS ASSOCIATES SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL OMAHASTEAKS.COM OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OMAHASTEAKS.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE OMAHASTEAKS.COM SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Disputes

We hope to make you a happy and satisfied customer, but if there's a dispute that needs to be resolved, this section outlines what's expected of both of us.

a. You Agree to Provide OmahaSteaks.com an Opportunity Informally to Resolve Your Dispute. Before you may pursue or participate in any dispute (or raise such dispute as a defense) in court or arbitration against OmahaSteaks.com or its Associates for any claims, including claims related in any way to OmahaSteaks.com products, these Terms of Use, billing, privacy, advertising, or OmahaSteaks.com's or its Associates' communications with you, you must first send a written description of your claim to: Legal, 11030 O Street, Omaha, NE 68137, and you must allow OmahaSteaks.com a reasonable opportunity to resolve your dispute. Your written notice must describe the problem in reasonable detail, and identify or enclose all relevant documents and information. You and OmahaSteaks.com agree to negotiate in good faith with each other to try to resolve your claim. If you and OmahaSteaks.com do not reach a resolution of your dispute within sixty (60) days after OmahaSteaks.com receives your written notice of claim, you may pursue your claim in arbitration or, solely to the extent specifically provided below, in court.

b. Arbitration. You and OmahaSteaks.com agree to arbitrate all disputes between the parties, except as provided in this subsection (b). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, even if the claim arises or may arise before or after the term. For purposes of this arbitration provision, references to "OmahaSteaks.com," "you," and "us" includes our Associates. This agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this provision.

Notwithstanding the arbitration agreement set forth in the prior paragraph, if you fail to pay in full any amounts you owe when they are due, OmahaSteaks.com may assign your account for collection, and OmahaSteaks.com and/or the collection agency may pursue in court claims limited to the collection of past due amounts and any interest or cost of collection permitted by law or these Terms. (However, OmahaSteaks.com disclaims any and all liability, and you relieve OmahaSteaks.com from any and all liability, with respect to the conduct of any such collection agency.) In addition, OmahaSteaks.com may seek injunctive relief in any court with respect to any violation of the patent, trademark, service mark, copyright, trade secret, and/or other intellectual property rights of OmahaSteaks.com or of any third party. YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if: (a) your claim qualifies for small claims court in a location where jurisdiction and venue over you and OmahaSteaks.com is proper, in which case you may initiate proceedings in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE (THE "OPT-OUT DEADLINE"). You may opt out by calling OmahaSteaks.com's customer service department, at 1-800-228-9872, before the Opt-Out Deadline.

Either you or OmahaSteaks.com may start an arbitration proceeding by sending to the other, by certified mail, a letter requesting arbitration ("Demand"). If you start the arbitration, you must send the Demand to OmahaSteaks.com's registered agent, Dave Hersisher, 11030 O Street, Omaha, NE 68137. The Demand must (i) describe the nature and basis of the claim or dispute and (ii) set forth the relief sought. The American Arbitration Association's ("AAA") Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by these Terms of Use, will govern the arbitration. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Upon you or OmahaSteaks.com filing an arbitration demand, OmahaSteaks.com will pay all filing, administration, and arbitrator fees, unless your claim exceeds $75,000. If you initiate an arbitration in which you seek more than $75,000 in damages, the AAA rules will govern the payment of these fees. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless OmahaSteaks.com and you agree otherwise in writing, any arbitration hearings will take place in the county (or parish) in which your most recent billing address (as provided to OmahaSteaks.com) is located.

One arbitrator, who is selected under the AAA Rules and who has expertise in consumer disputes in the food industry, will conduct the arbitration. If no arbitrator possessing such expertise is available, then the arbitration will be conducted by a single arbitrator who is selected by the mutual written approval of you and OmahaSteaks.com. The decisions of the arbitrator will be binding and conclusive on all parties. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. This provision will be specifically enforceable in any court. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES).

You or OmahaSteaks.com must bring any claim arising out of or related to these Terms or our relationship within one (1) year after the claim arises, or the claim will be permanently barred. To the extent the law applicable under subsection (c) of these Terms of Use makes this limitations period unenforceable with respect to any claim(s), then the statutes of limitations of the State whose laws govern these Terms under subsection (c) shall apply.

YOU AND OMAHASTEAKS.COM AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR OMAHASTEAKS.COM SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.

IF YOU TIMELY OPT OUT OF THE ARBITRATION PROVISION IN THE MANNER DESCRIBED ABOVE, THEN THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION WILL NOT APPLY TO YOU. OMAHASTEAKS.COM DOES NOT CONSENT TO CLASS ARBITRATION; ACCORDINGLY, IF A COURT REFUSES TO ENFORCE THIS SUBSECTION (c), THEN THE AGREEMENT TO ARBITRATE SHALL BE UNENFORCEABLE AS TO YOU. WHETHER A CLAIM PROCEEDS IN COURT OR IN ARBITRATION, YOU AND OMAHASTEAKS.COM HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

c. Governing Law. These Terms, and any disputes arising between you and OmahaSteaks.com related in any way to these Terms of Use or OmahaSteaks.com's products, including but not limited to disputes over billing, service, privacy, advertising, or OmahaSteaks.com's or its Associates' communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the State in which your most recent billing address (as provided to OmahaSteaks.com) is located, without regard to choice of law principles.

Pricing and Product Information

While OmahaSteaks.com strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. OmahaSteaks.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, OmahaSteaks.com shall have the right, in its sole discretion, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, OmahaSteaks.com will issue a credit to your credit card. Individual bank policies will dictate when this amount is credited to your account. We apologize for any inconvenience this may cause you.

Prices and availability of products offered by Omaha Steaks are subject to change without notice. Any references to "Save" and amount of savings offered by Omaha Steaks are discounts from Omaha Steaks' "Regular" or "Reg." prices. The "Regular" price of an item is the former offered price for the item. Actual sales may not have been made at the "Regular" prices. If you are not fully satisfied with your purchase, you may refer to Our Unconditional Guarantee.

Using Reward Cards

Reward Cards are issued by Omaha Steaks Gift Cards and are subject to the terms and conditions listed on each card.

Using Gift Cards

Gift cards are issued by Omaha Steaks Gift Cards and are subject to the terms and conditions listed on each card. The Gift Cards do not expire and any remaining balance can be used for future purchases.

Wine

Wine sales are subject to the following additional terms:

You must be 21 years of age or older to order, purchase or receive delivery of wine products. By submitting information through the Site you represent that you meet these age restrictions.

Wine is sold and delivered by our supplier, Wine.com. Omaha Steaks is the marketing agent.

All wine prices include shipping and handling. Wine purchases do not qualify for Quick Ship Delivery, Express, Overnight and Saturday Overnight delivery. Your wine and gourmet food packages will ship separately. Your wine will arrive in approximately 7 days or less from the day you place your order, unless you have requested a delayed arrival date.

Wine products cannot be shipped to the following states: AK, GA, HI, IN, IA, KY, ME, MT, OK, UT. Also, local laws prevent us from shipping to certain zip code in the following states: FL, ID and NH. Information regarding states and zip codes that are not currently serviced will appear at the time that orders are placed. Offer void where prohibited by law.

Omaha Steaks Reward Gift Cards are not redeemable for wine purchases.

Validating Your Order

After you place an order at the Site using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Your receipt of an electronic or other form of order acknowledgement does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The OmahaSteaks.com Site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Our Unconditional Guarantee

OmahaSteaks.com stands behind its products.

If you are not absolutely thrilled with your purchase from Omaha Steaks, for any reason at all, we'll cheerfully replace your purchase or refund your money, whichever you prefer.

When you order from Omaha Steaks, your satisfaction is always unconditionally guaranteed, so you can order with complete confidence. If at any time you have problems with an order, simply contact Customer Service.

We reserve the right to limit refunds and replacements. We guarantee delivery only to the addresses we are provided; which are confirmed on the order acknowledgement.

Order Limitations

We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will notify you.

OmahaSteaks.com may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same OmahaSteaks.com Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will notify you.

Shipping

All orders placed on this Site are subject to product availability and will be shipped according to OmahaSteaks.com shipping policies. Please refer to our shipping page for more information on our shipping rates and procedures.

At Omaha Steaks your complete satisfaction is our top priority.

While we make every effort to ensure the accuracy of all information, we reserve the right to limit refunds and replacements and to make corrections if an error occurs. Please check all shipping addresses carefully. As we are shipping perishable goods we cannot guarantee the condition of the package if our delivery service has to reroute the cooler. We guarantee delivery only to the addresses we are provided; which are confirmed on the order acknowledgement.

Termination of Use

OmahaSteaks.com may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.

DMCA Notice

If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Site infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). All notices of infringement should be sent to the designated agent of OmahaSteaks.com identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Site, (d) your address, telephone number, and e-mail address, (e) a written 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, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices of infringement should be directed to the following designated agent of OmahaSteaks.com:

OmahaSteaks.com, Inc.
11030 O Street, Omaha, NE 68137
Attn. Legal

Or e-mail: Legal@omahasteaks.com

If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys' fees. If you believe that your content, information, or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.

Indemnification

You agree to defend, indemnify, and hold OmahaSteaks.com and its Associates, and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site, your violation of these Terms of Use or your posting or transmission of any materials on or through the Site.

No Waiver

If we don't enforce our rights under this agreement in one instance, that doesn't mean we won't or can't enforce those rights in any other instance.

Customer Appreciation

At OmahaSteaks.com we strive to provide great products and service to all of our customers. Thank you for considering us when shopping online for steaks, seafood and other gourmet items. Our goal is to deliver exceptional experiences that bring people together. Guaranteed.

Last Updated: June 3, 2014

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