Terms & Conditions

Welcome to www.tcsjerky.com (the “Site”).

We understand that online privacy is important to users of our Site, especially when conducting business.

This statement governs our privacy policies with respect to those users of the Site (“Visitors”) who visit without transacting business and Visitors who register to transact business on the Site and make use of the various services offered by www.tcsjerky.com (collectively, “Services”).

“Personally Identifiable Information” refers to any information that identifies or can be used to identify, contact or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.

What Personally Identifiable Information is collected?

We collect basic user profile information from all of our Visitors. We collect the following additional information from our Authorized Customers: the names, addresses, phone numbers and email addresses of Authorized Customers, the nature and size of their business and the nature and size of the advertising inventory that the Authorized Customer intends to purchase or sell.

What organizations are collecting the information?

In addition to our direct collection of information, our third-party service vendors (such as credit card companies, clearinghouses and banks) who provide such services as credit, insurance and escrow services might collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties might be intermediaries that act solely as links in the distribution chain and do not store, retain or use the information given to them.

How does the Site use Personally Identifiable Information?

We use Personally Identifiable Information to customize the Site, to make appropriate service offerings and to fulfill buying and selling requests on the Site. We might email Visitors and Authorized Customers about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We might also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries or to provide requested information.

With whom may the information be shared?

Personally Identifiable Information about Authorized Customers may be shared with other Authorized Customers who wish to evaluate potential transactions with other Authorized Customers. We might share aggregated information about our Visitors, including the demographics of our Visitors and Authorized Customers, with our affiliated agencies and third-party vendors. We also offer the opportunity to opt out of receiving information or being contacted by us or by any agency acting on our behalf.

How is Personally Identifiable Information stored?

Personally Identifiable Information collected by www.tcsjerky.com is securely stored and is not accessible to third parties or employees of www.tcsjerky.com except for use as indicated above.

What choices are available to Visitors regarding collection, use and distribution of the information?

Visitors and Authorized Customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed or by contacting us at general@tcsjerky.com.

Are cookies used on the Site?

Cookies are used for a variety of reasons. We use cookies to obtain information about the preferences of our Visitors and the services they select. We also use cookies for security purposes to protect our Authorized Customers. For example, if an Authorized Customer is logged on and the site is unused for more than 10 minutes, we will automatically log off the Authorized Customer.

How does www.tcsjerky.com use login information?

www.tcsjerky.com uses login information, including, but not limited to, IP addresses, ISPs and browser types, to analyze trends, administer the Site, track a user’s movement and use and gather broad demographic information.

What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Site?

www.tcsjerky.com has entered into and will continue to enter into partnerships and other affiliations with a number of vendors.

Such vendors may have access to certain Personally Identifiable Information on a need-to-know basis for evaluating Authorized Customers for service eligibility.

Our privacy policy does not cover their collection or use of this information.

Disclosure of Personally Identifiable Information to comply with law.

We will disclose Personally Identifiable Information to comply with a court order or subpoena or a request from a law-enforcement agency to release information. We will also disclose Personally Identifiable Information when it is reasonably necessary to protect the safety of our Visitors and Authorized Customers.

How does the Site keep Personally Identifiable Information secure?

All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors and Authorized Customers is accessible only to a limited number of qualified employees who are given a password to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, which are in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins. We cannot guarantee or warrant that such events will not take place, and we will not be liable to Visitors or Authorized Customers for any such occurrences.

How can Visitors correct any inaccuracies in Personally Identifiable Information?

Visitors and Authorized Customers may contact us to update Personally Identifiable Information or to correct any inaccuracies by emailing us at general@tcsjerky.com.

Can a Visitor delete or deactivate Personally Identifiable Information collected by the Site?

We provide Visitors and Authorized Customers with a mechanism to delete/deactivate Personally Identifiable Information from the Site’s database by contacting general@tcsjerky.com. However, because of backups and records of deletions, it might be impossible to delete a Visitor’s entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer or use Personally Identifiable Information relating to that individual in any way moving forward.

What happens if the Privacy Policy Changes?

We will let our Visitors and Authorized Customers know about changes to our privacy policy by posting such changes on the Site. However, if we are changing our privacy policy in a manner that might cause disclosure of Personally Identifiable Information that a Visitor or Authorized Customer has previously requested not be disclosed, we will contact such Visitor or Authorized Customer to allow such Visitor or Authorized Customer to prevent such disclosure.

Tillamook Country Smoker Messaging Terms & Conditions

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Tillamook Country Smoker, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Tillamook Country Smoker reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Tillamook Country Smoker also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Tillamook Country Smoker, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Terms and Company Privacy policy.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Cancellation

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Tillamook Country Smoker and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Tillamook Country Smoker through any other programs you have joined until you separately unsubscribe from those programs.

Help

Text the keyword HELP to our shortcode to return customer care contact information.

Customer Care

If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com.

Contact

This message program is a service of Tillamook Country Smoker, located at 8250 Warren Street, Bay City, OR 97107.

Dispute Resolution

1. General. In the interest of resolving disputes between you and Tillamook Country Smoker in the most expedient and cost effective manner, you and Tillamook Country Smoker agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Tillamook Country Smoker or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Tillamook Country Smoker or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Tillamook Country Smoker ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
   
2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Tillamook Country Smoker to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
   
3. Arbitrator. Any arbitration between you and Tillamook Country Smoker will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Tillamook Country Smoker. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
   
4. Notice; Process. If you or Tillamook Country Smoker intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Tillamook Country Smoker address for Notice is: $CompanyAddress, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Tillamook Country Smoker will make good faith efforts to resolve the claim directly, but if you and Tillamook Country Smoker do not reach an agreement to do so within 30 days after the Notice is received, you or Tillamook Country Smoker may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Tillamook Country Smoker must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Tillamook Country Smoker will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Tillamook Country Smoker for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Tillamook Country Smoker agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Tillamook Country Smoker made within 14 days of the arbitrator's ruling on the merits.
   
5. No Class Actions. YOU AND Tillamook Country Smoker AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tillamook Country Smoker agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
   
6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Tillamook Country Smoker makes any future change to this arbitration provision, other than a change to Tillamook Country Smoker address for Notice, you may reject the change by sending us written notice within 30 days of the change to Tillamook Country Smoker address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Tillamook Country Smoker.
   
7. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

 

 

 

Links:

This website contains links to other websites. Please note that when you click one of these links, you are moving to another website.

We encourage you to read the privacy statements of these linked sites as their privacy policies could differ from ours.

If you have questions regarding the Tillamook Country Smoker’s Privacy Statement, please contact:

Tillamook Country Smoker

PO BOX 3120

Bay City, OR 97107

Toll free: 1 (888) 987-4233

Phone: (503) 377-2222

Fax: 1 (800) 478-0775

© 2019 Tillamook Country Smoker. All rights reserved.

Unauthorized duplication or publication of any materials from this Site is expressly prohibited.