Terms of service

PH PRIME

Terms of Service

Last Updated: October 29, 2025

IMPORTANT LEGAL NOTICE: These Terms of Service have not been reviewed by legal counsel. PH Prime strongly recommends that customers review these terms carefully and seek independent legal advice if needed. By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these terms.

1. Acceptance of Terms

The phprime.com website (the "Site") is operated by PH Prime ("PH Prime," "we," "us," or "our"). These Terms of Service, along with any other terms and conditions that may appear on the Site from time to time (collectively, "Terms"), set forth the terms and conditions under which you may use and access the Site. BY ACCESSING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE OR ORDER PRODUCTS FROM THE SITE.

2. Company Information

PH Prime is a Colorado-based business specializing in premium meat products. Our contact information:

Phone: (605) 215-5056

Email: support@ph-prime.com

Shipping Origin: Spearfish, SD 57783

3. Use of Site and Content

3.1 Use of Site

You may access and use the Site solely for your personal use in accordance with these Terms. You agree not to access or use the Site in any manner that is prohibited by these Terms or is otherwise unlawful. We reserve the right, in our sole discretion, to cancel orders and refund your money, to refuse to conduct business with you, terminate or suspend your access to and/or use of the Site, or any portion thereof, at any time, with or without notice and for any reason. Misuse or unauthorized sharing of promotional codes, promotional discounts, or the unauthorized accumulation and redemption of loyalty points is strictly prohibited; in cases of suspected abuse, orders and/or accounts will be canceled or blocked.

3.2 Use of Content

You are granted a limited, revocable license to make a single copy and/or print a single copy of any information displayed on the Site (including text, photographs, images, logos, trademarks, and other content, collectively "Content") for your personal, noncommercial use only.

3.3 Restrictions

You agree not to, without first obtaining express written permission from PH Prime:

• Distribute or make available copies of any Content to anyone

• Republish Content on the Internet or incorporate it into any database or archive

• Reproduce, adapt, distribute, perform, or display any Content

• Alter or remove any trademark, copyright, or other notice contained in any Content

• Use Content for any commercial purposes

• Use our trademarks as metatags on other websites

• Use the Site in any manner that is illegal or impairs its operation

• Use any data mining, web crawlers, robots, spiders, or data gathering methods

• Decompile, reverse engineer, or disassemble any software or manipulate the Content

3.4 Product Information

We have made every effort to display product attributes accurately. However, the actual appearance you see will depend on your monitor and other factors beyond our control. Prices displayed on the Site are quoted in U.S. Dollars and are valid only in the United States.

4. Registration and Accounts

4.1 No Account Required

Customers may purchase products without creating an account. However, certain information including name, shipping address, email, and payment details are required to complete a purchase.

4.2 Optional Account Registration

If you choose to register for an account, you agree to provide only true, accurate, current, and complete information. You are responsible for maintaining the confidentiality of your password and account information. You will be responsible for all use of the Site by anyone using your account, whether or not authorized by you.

4.3 Account Termination

We reserve the right to terminate or suspend accounts at any time for any reason, including suspected fraudulent activity, violation of these Terms, or abuse of promotional codes or loyalty programs.

5. Products and Services

5.1 Product Descriptions

We strive to provide accurate product descriptions, including weights, cuts, and grades. However, natural variations may occur in meat products. Product images are for illustration purposes and actual products may vary in appearance.

5.2 Product Availability

All products are subject to availability. PH Prime reserves the right to discontinue products or limit quantities at any time without prior notice. In the event a product becomes unavailable after an order is placed, we will notify you and offer a refund or suitable substitute.

5.3 Perishable Nature of Products

All products sold by PH Prime are perishable food items that require refrigeration or freezing. Customers are responsible for proper handling and storage upon receipt.

6. Ordering Process

6.1 Age Requirements

There are no age restrictions for purchasing PH Prime products. By placing an order, you represent that you are authorized to use the payment method provided.

6.2 Order Acceptance

Receipt of an order confirmation does not constitute acceptance of your order. PH Prime reserves the right to accept or decline any order for any reason, including but not limited to:

• Product availability

• Pricing or description errors

• Shipping restrictions to your location

• Suspected fraudulent activity

Large orders may undergo additional review and acceptance procedures prior to processing and shipment.

6.3 Order Modifications

Customers may request order modifications by contacting PH Prime at (605) 215-5056. Modifications may alter the scheduled shipment date. We will make reasonable efforts to accommodate modification requests, but cannot guarantee changes once an order has been processed for shipment.

6.4 Order Cancellations

Customers may cancel orders without penalty at any time before shipment. To cancel an order, contact PH Prime immediately at (605) 215-5056 or support@ph-prime.com. Once an order has shipped, it cannot be cancelled and our no-return policy applies.

7. Pricing and Payment

7.1 Pricing

All prices are in U.S. Dollars and are subject to change without notice. The price charged will be the price displayed at the time of order placement. PH Prime reserves the right to correct pricing errors on our website or in orders.

7.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. Payment is processed at the time of order placement. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.

7.3 Third-Party Payment Processors

Payment transactions are processed by our third-party payment processors. You grant PH Prime the right to provide information you provided in connection with your transaction to our payment processors to facilitate completion of your transaction. Verification of information may be required prior to acknowledgment or completion of any transaction.

7.4 Sales Tax

Sales tax will be applied to orders as required by applicable state and local laws.

7.5 Promotional Codes and Discounts

Promotional codes and discounts are for personal use only and may not be shared, transferred, or used in an unauthorized manner. PH Prime reserves the right to cancel orders or suspend accounts associated with promotional code abuse. Promotions are not valid on gift card purchases unless specifically stated.

8. Gift Cards

If PH Prime offers gift cards, the following terms apply:

• Gift cards may only be redeemed toward the purchase of eligible goods on phprime.com

• Gift cards cannot be used to purchase other gift cards

• Gift cards cannot be reloaded, resold, redeemed for cash, or returned for a cash refund

• Ownership and risk of loss of gift cards passes to the purchaser upon confirmation

• PH Prime is not responsible for lost or stolen gift cards

9. Shipping

All shipments are governed by our Shipping Policy, which is incorporated into these Terms of Service by reference. Please review our Shipping Policy for detailed information regarding shipping methods, timeframes, geographic restrictions, and scheduling.

Risk of loss passes to the customer upon delivery to the carrier.

10. Returns, Refunds, and Product Issues

10.1 No Returns Policy

Due to the perishable nature of our products and food safety regulations, PH Prime does not accept returns for any reason. All sales are final once products have been shipped.

10.2 Damaged or Defective Products

If you receive damaged or defective products, you must contact PH Prime immediately:

• Phone: (605) 215-5056

• Email: support@ph-prime.com

Claims for damaged or defective products must be made within 48 hours of delivery. You may be required to provide photographic evidence of the damage or defect. PH Prime will evaluate claims on a case-by-case basis and may offer a replacement or refund at our sole discretion.

10.3 Product Condition Upon Delivery

IMPORTANT: Products will arrive either frozen or partially frozen depending on transit conditions and delivery timing. This is normal and indicates proper handling. Products that are cold to the touch and frozen or partially frozen are in excellent condition and safe for immediate storage or consumption. Such products can be safely refrozen immediately or cooked within 24 hours. Products should be of concern only if they are warm to the touch or have an off odor.

11. Customer Responsibilities

By purchasing products from PH Prime, you agree to:

• Provide accurate shipping and contact information

• Be available to receive deliveries or make arrangements for package retrieval

• Inspect products immediately upon delivery

• Properly store products in refrigeration or freezer upon receipt

• Follow safe food handling practices

• Report any issues within 48 hours of delivery

12. User-Generated Content and Online Submissions

12.1 General

Certain areas of the Site may permit you to post reviews, comments, photos, or other content ("User Content"). We do not monitor all User Content posted on the Site.

12.2 Content Standards

You agree not to post User Content that is:

• Defamatory, obscene, abusive, or unlawful

• Infringes on intellectual property rights of others

• Contains personal information of others without consent

• Contains viruses, malware, or harmful code

12.3 License to Use User Content

By submitting User Content to the Site, you grant PH Prime a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable right and license to use, copy, modify, reproduce, publish, translate, distribute, perform, and display such User Content in any form or media. You further grant PH Prime the right to use your name and location in connection with such User Content for marketing, promotional, and advertising purposes.

12.4 Right to Edit or Remove

PH Prime may, in its sole discretion, edit, modify, or remove any User Content that we deem inappropriate, offensive, or in violation of these Terms. We are not responsible for maintaining your User Content and may delete it at any time.

12.5 Unsolicited Idea Submission Policy

Please do not send unsolicited ideas, including ideas for advertising campaigns, promotions, products, or marketing plans. We do not accept or consider unsolicited ideas. If you send us ideas despite this request, you agree that your ideas will automatically become the property of PH Prime without compensation, and we may use them for any purpose.

12.6 Responsibility for User Content

You are solely responsible for any User Content you submit. We shall not be liable for the use or misuse of any information, including personal information, included in your User Content.

13. Third-Party Services and Links

13.1 Links to External Sites

We may provide hyperlinks to websites operated by third parties. We have no control over such sites or their privacy policies. The inclusion of hyperlinks does not imply any sponsorship, affiliation, or endorsement. Your use of third-party websites is at your own risk.

13.2 Third-Party Dealings

Your dealings with any third party through the Site are solely between you and that third party. Please review carefully that third party's policies before engaging in any transaction. PH Prime is not responsible for third-party actions or content.

14. Intellectual Property

14.1 PH Prime's Intellectual Property

All Content on the Site, including text, graphics, logos, images, software, and the selection and arrangement thereof, is owned by or licensed to PH Prime and is protected by copyright, trademark, trade dress, and other intellectual property laws. Except as expressly provided in these Terms, all rights are reserved.

14.2 Copyright Infringement

PH Prime does not permit copyright infringing activities on this Site. We may remove User Content that infringes another's copyright rights and may terminate the ability of repeat infringers to submit content.

14.3 DMCA Notice

If you believe that any User Content on this Site infringes your copyrights, you may notify PH Prime by providing the following information in writing:

• A physical or electronic signature of the copyright owner or authorized agent

• Identification of the copyrighted work and the allegedly infringing material

• Information sufficient to locate the infringing material

• Your contact information (address, telephone number, email address)

• A statement of good faith belief that the use is not authorized

• A statement under penalty of perjury that the information is accurate

Send copyright infringement notices to: support@ph-prime.com or (605) 215-5056

15. Mobile Message Service

If PH Prime offers a mobile message service, your use of that service constitutes agreement to receive text messages from PH Prime. We may modify or cancel the service or these terms at any time.

15.1 Message Terms

By opting in to receive text messages:

• You agree to receive marketing messages, promotions, and cart reminders via text

• Message and data rates may apply based on your wireless provider

• Message frequency varies; you may receive up to 10 messages per month

• Text STOP to opt out at any time; you will receive a confirmation message

• Text HELP for assistance or email support@ph-prime.com

15.2 Mobile Service Disclaimer

Wireless carriers are not liable for delayed or undelivered messages. You agree to provide a valid mobile number and maintain accurate information. PH Prime is not liable for failed, delayed, or misdirected messages or any action you take in reliance on messages.

16. Food Safety and Handling

Customers acknowledge that:

• All meat products must be properly handled, stored, and cooked according to USDA guidelines

• Raw meat products may contain harmful bacteria if not handled properly

• Products must be kept at safe temperatures (below 40°F refrigerated or 0°F frozen)

• PH Prime is not responsible for illness resulting from improper handling, storage, or preparation after delivery

17. Disclaimer of Warranties

THE SITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

PH Prime does not warrant that products will meet your specific expectations, that products will be available at all times, that the Site will be error-free or uninterrupted, or that any defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PH PRIME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, OR GOODWILL RESULTING FROM:

• Your use or inability to use our products or services

• Product quality issues arising from improper handling or storage after delivery

• Delays in delivery caused by carriers or circumstances beyond our control

• Any unauthorized access to or use of our servers or your personal information

• Any foodborne illness unless directly proven to result from product defects prior to delivery

In no event shall PH Prime's total liability to you for all damages exceed the amount paid by you for the specific product giving rise to the claim. In some jurisdictions, limitations of liability are not permitted, so these limitations may not apply to you.

19. Indemnification

You agree to indemnify, defend, and hold harmless PH Prime, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your use of products or the Site, (b) your violation of these Terms of Service, (c) your violation of any applicable laws or regulations, or (d) any User Content you submit.

20. Privacy

Your use of our website and services is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

21. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Colorado, and you consent to the personal jurisdiction of such courts.

22. Dispute Resolution

In the event of any dispute arising from these Terms or your use of PH Prime products or services, you agree to first contact PH Prime to seek an informal resolution by calling (605) 215-5056 or emailing support@ph-prime.com.

If a dispute cannot be resolved informally within 30 days, either party may pursue legal remedies in accordance with Section 21 (Governing Law and Jurisdiction).

23. Statute of Limitations

You agree that any cause of action arising out of or related to these Terms or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.

24. Export Compliance

You may not use the Site or export Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

25. Modifications to the Site and Services

We may modify, suspend, discontinue, or restrict the use of all or any portion of the Site at any time for any reason without notice or liability. We reserve the right to change any services offered on the Site, including hours of operation, products, suppliers, and other services.

26. Changes to Terms

PH Prime reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to the website with an updated "Last Updated" date. Your continued use of our website and services after changes are posted constitutes your acceptance of the modified terms. If you object to any changes, you must discontinue use of the Site. We encourage you to review these Terms periodically.

27. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

28. Entire Agreement

These Terms of Service, together with our Shipping Policy and Privacy Policy, constitute the entire agreement between you and PH Prime regarding the use of our website and products, and supersede any prior agreements.

29. Waiver

The failure of PH Prime to enforce any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver shall be effective unless made in writing and signed by an authorized representative of PH Prime.

30. Contact Information

For questions about these Terms of Service, please contact:

PH Prime