These Terms and Conditions (“Terms”) have been updated with an Effective Date of December 21, 2022.
Please read these Terms carefully, including the mandatory Binding Arbitration Agreement, which requires that disputes are resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis. You affirm that you have the capacity and authority to agree to these Terms.
These Terms constitute a binding agreement between you and BBQGuys governing your use of our Sites.
When using particular services or features of the Sites, in addition to these Terms, a separate guidelines document, payment terms or end user license agreement may apply to your use of that product or feature or service (“Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Changes to Terms
BBQGuys reserve the right to revise these Terms at any time by updating this posting; however, any material change to these Terms after your last usage of the Sites will not be applied retroactively unless otherwise required by applicable law. We may also provide notice to you in other ways, such as through contact information you have provided. Any changes will be effective immediately upon the posting of the revised Terms unless otherwise specified. Your continued use of the Sites after the effective date of the revised Terms (or such other act as specified in the revised Terms) will constitute your consent to those changes to the fullest extent allowed by applicable law. However, BBQGuys will provide notice and obtain your consent (which may be opt-out consent) to the new Terms if required. Note that you may need to consent to our new Terms in order to continue to use our Sites and services.
Changes to Sites
BBQGuys reserves the sole right (but is under no obligation) to update, modify, replace, or alter any of the Sites, in whole or in part, from time to time without any liability to you. You acknowledge that BBQGuys may, in its sole discretion, cease to operate the Sites or features within the Sites at any time and without any liability to you.
BBQGuys reserves the right to modify, suspend, terminate, or restrict your use of any portion of the Sites or otherwise deny you access, in its sole discretion, at any time, and to the extent permitted by applicable law, without notice. We will not be liable to you or to any third-party for any cancellation, termination, suspension or discontinuance of the Sites or your account. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
Ownership and Limitations on Use of Intellectual Property
Unless otherwise explicitly stated, BBQGuys and its subsidiaries or affiliates, either own or license the trademarks used on the Sites, the products offered on the Sites, the appearance and content of the Sites, the technology used to provide the Sites, and all materials that are included in or are otherwise a part of the Sites, including past, present, and future versions, domain names, the underlying HTML, source and object code and the “look and feel” of the Sites, including text, images, audio clips, video clips, software and other content (collectively, the "Site Content”). Site Content is protected from unauthorized use, copying and dissemination by intellectual property laws, including copyright, trademark, patent, and other laws, rules, regulations and treaties. You must comply with all such laws. As between you and us, we retain all right, title and interest in and to the Site Content.
Except as provided in these Terms, BBQGuys prohibits the copying, redistribution, modification or public display of any Site Content without its express written permission.
BBQGuys claims neither ownership in, nor any affiliation with, any third-party trademarks appearing on the Sites. Such third-party trademarks are used only to identify their respective owners.
Your Limited License To Use Of Site Content
BBQGuys maintains the Sites and contents for your own use, entertainment and education. BBQGuys grants you a limited, personal, non-exclusive, revocable and non-transferable license to view and play Site Content as set forth more fully below. The license is subject to your full compliance with the Terms.
You may view and download material displayed on the Sites for your personal use only, subject to the following provisions: (i) you retain all copyright, trademark and other proprietary notices contained within the materials; (ii) you may not distribute, retransmit, republish, reuse, repost, or use the contents of the Sites for public purposes, without BBQGuys's prior written permission;(iii) you may not alter or interfere with the content or functioning of the Sites, or "mirror" any content contained on the Sites on any other server; (iv) you must not use the Site Content in a manner that suggests an association with BBQGuys or any of BBQGuys’ products, services or brands; (iv) you must not copy or adapt any object code associated with the Sites or reverse engineer, modify, or attempt to discover any source code associated with the Sites, nor allow or assist any third party to do so (whether or not for your benefit); (v) you must not use the Site Content for any use other than personal and educational, and will not redistribute, broadcast, or copy it to any other media; and (vi) you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage).
The materials at the Sites are protected by law, and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of these Terms, your right to use the Sites will terminate automatically.
Except as expressly detailed in these Terms, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright or other intellectual property right of BBQGuys or any third party.
The Sites may provide you the ability to submit content to us or post content publicly on the Sites (including, without limitation, photographs, videos, recipes, reviews, testimonials, promotion entries, writings, pictures, data, questions, answers, comments, and suggestions) (collectively, ”User Content”).
You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant BBQGuys the license below. Upon BBQGuys’ request, you will furnish BBQGuys any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You retain any ownership you have in your User Content, but you acknowledge that BBQGuys must have a license from you in order to accept your User Content. Accordingly, you grant to BBQGuys a non-exclusive unrestricted, worldwide, irrevocable, perpetual, transferable, sublicensable, and royalty-free license to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
BBQGuys is not responsible for the substance of any User Content and such User Content does not necessarily reflect the views of BBQGuys. We may, but are under no obligation to, monitor, edit or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. We may remove or refuse to post any User Content for any reason in our sole discretion.
You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to BBQGuys.
You agree that BBQGuys is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services, and creating informational articles, without any payment of any kind to you. You authorize BBQGuys to publish your User Content in a searchable format that may be accessed by anyone. This may include User Content that you submit through our accounts on social media websites (e.g., Facebook, Instagram, Twitter, and Pinterest). To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You agree that BBQGuys has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. BBQGuys will not have any obligation to you with regard to User Content and BBQGuys may or may not monitor, display, or accept your User Content and may delete it at any time. You are solely responsible for any User Content you submit and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.
User Interactions and Disputes
You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
Acceptable Use Policy: Community Rules
When you contribute, upload or otherwise provide User Content to the Sites, you agree to comply with the following Community Rules ("Rules"):
- User Content must be yours. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Site and elsewhere, with appropriate attribution if required.
- No pictures or images of anyone without permission. If you choose to upload photos to the Sites, link to embedded videos, or include other images of real people, make sure you have their express permission to post it. If any of the people pictured are minors, you must obtain their parent or guardian’s express permission to have their image and name used by us. Before obtaining their permission and sharing the photo with us, send them a copy of or a link to these Terms.
- Don't upload third party materials without permission. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials without permission. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- No access-restricted content. Your User Content may not include content that contains restricted or password only access pages, or hidden pages or images.
- No music. Your User Content may not contain any music unless the work and performance is original to you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
- Keep it relevant. Your User Content should relate to the content on the Sites and should be intended to add to the discussion and community on the Site.
- Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a community for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn't belong on the Site. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, ethnicity, gender, sexual orientation or physical handicap or other intrinsic characteristics or that are unlawful, threatening, libelous, defamatory, slanderous, intrusive on another’s privacy, harassing, abusive, vulgar, indecent, obscene, pornographic or sexually explicit or profane.
- Do not post User Content to the Sites for commercial purposes. Your User Content may not advertise or promote a product, service, or promotions (like contests or sweepstakes) except those provided by us on the Sites. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme. You may not engage in any activities that solicit passwords or personal information from other users for commercial or unlawful purposes.
- Do not upload User Content that is inappropriate or illegal. You may not submit any User Content that might be harmful to minors or any others. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- No violence. Your User Content may not promote violence or describe how to perform a violent act.
- Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company. You may not use a false e‑mail address or otherwise mislead us or third-parties as to the origin of any User Content.
- Reviews. Any reviews you post must reflect your true and honest experience with us and our products.
- Public forum. We hope that you will use the Sites to exchange information and content and have discussions with other members. However, please remember that you are submitting User Content to a public forum and User Content that you post will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
- Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Don't damage the Sites or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Site or any computer system or device.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Prohibited Activities and Content
In addition to other prohibitions set forth in these Terms, the following is a partial and nonexclusive list of the kinds of activities and content that are prohibited on or through the Sites. You are prohibited from using the Sites or its content:
- For any unlawful purpose;
- To solicit others to perform or participate in unlawful acts;
- To violate any international, federal, provincial/territorial or state regulations, rules, laws, or local ordinances;
- To engage in any activity that might be harmful to minors or others;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, threaten, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false or misleading information;
- To transmit “junk mail” or unsolicited mass mailing or “spam”;
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality, security or operation of the Sites or any related websites or the Internet;
- To collect or track the personal information of others.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy web pages of the Sites or for any other unauthorized purpose without our prior expressed written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites; and (c) take any action that imposes an unreasonable or disproportionately large load on BBQGuys’ hardware and software infrastructure.
We reserve the right to terminate your use of the Sites for violating any of the prohibited uses or any other provisions of the Terms.
Communicating With Us
BBQGuys welcomes your comments. However, please do not send us any unsolicited creative ideas, original materials, or suggestions relating to products or marketing plans. You acknowledge that BBQGuys may be working on or developing material similar or the same in nature and that BBQGuys may have received similar or the same intellectual property rights from another party. BBQGuys shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Sites. BBQGuys owes you no obligation connected to your submissions. Any discussion or negotiations between you and BBQGuys regarding your submissions does not constitute recognition of the novelty or originality of your submission. Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2017 (H.R. 5111).
Contests, Sweepstakes and Other Interactive Transactions
DISCLAIMER OF WARRANTY; WAIVER
To the fullest extent permissible by applicable law, except as otherwise expressly provided in our Additional Terms, BBQGuys and its subsidiaries, affiliates, directors, officers, employees, agents, contractors, interns, suppliers, vendors, service providers, licensors, or other representatives of each of them (collectively, “BBQGuys Parties”) do not make any warranties, representations, endorsements, or conditions of any kind whatsoever, either express or implied, as to: (1) the Sites or Site Content, (2) products and services sold by BBQGuys (except as otherwise expressly provided in our Additional Terms), (3) User Content; and/or (4) security associated with the transmission of information to BBQGuys or via the Sites including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, durability, title, custom, trade, quiet enjoyment, system integration, freedom from computer virus, or non-infringement, and as to quality, availability and subject matter of content. Nothing herein shall be construed to affect any manufacturer’s warranty that may be included with your product purchase.
Although BBQGuys uses reasonable efforts to ensure that all software provided at the Sites is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system. To the fullest extent permissible by applicable law, the BBQGuys Parties disclaim all warranties: (1) that the Sites will meet your requirements; (2) that the Sites or access to them will be uninterrupted, timely, secure, or free of errors or omissions; (3) that defects will be corrected; (4) that the Sites or the servers hosting them will be free of viruses, other harmful code or components; or (5) that the Sites or its content will continue to be available. You agree that from time to time we may disable the Sites for indefinite periods of time or shut down the Sites at any time, without notice to you. The BBQGuys Parties will have no liability for any such issues.
Your access to, use of, and/or participation in the Sites, or inability to access, use, or participate, is solely at your own risk. BBQGuys does not represent or warrant that your use of materials displayed on the Sites will not infringe rights of third parties. Information published at the Sites may refer to products, programs or services that are not available in your country. Without limiting the foregoing, and to the fullest extent permitted by applicable law, the Sites, Site Content, and all products and services sold by BBQGuys (except as otherwise expressly provided in our Additional Terms or an applicable manufacturer’s warranty) are provided "AS IS", “as available,” and “with all faults”.
If you are dissatisfied with the Sites, your sole and exclusive remedy is to discontinue accessing and using them. By accessing or using the Sites, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Sites. The BBQGuys Parties do not warrant that your use of the Sites is lawful in any particular jurisdiction, and the BBQGuys Parties specifically disclaim such warranties.
Some jurisdictions may not allow exclusion of implied warranties, so some of the above exclusions may not apply to you.
LIMITATION OF LIABILITY; WAIVER
To the maximum extent permitted by applicable law, you agree that under no circumstances, including negligence, will the BBQGuys Parties be liable to you or anyone else for any injury, loss, claim, or direct, indirect, incidental, special, punitive, or consequential damages (collectively, “Damages”) that result from the use of or inability to use the Sites, nor shall BBQGuys be responsible for any Damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond BBQGuys’ reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to the Sites’ records, programs, or services. Under no circumstances, including but not limited to a negligent act, will BBQGuys or its affiliates or agents be liable for any Damages of any kind that result from the use of, or the inability to use, the Sites, even if BBQGuys has been advised of the possibility of such damages or should have known of the possibility of such damages. In no event will the BBQGuys Parties total liability to you for all damages, losses or causes or actions exceed in total the amount paid by you, if any, to BBQGuys for a product or service ordered through the Sites or, in the event there has been no amounts paid, the amount of ten United States dollars ($10.00). The prior limitation on damages is not intended to limit the BBQGuys Parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the BBQGuys Parties’ liability for personal injury or property damage caused by the BBQGuys Parties, or for the BBQGuys Parties’ gross negligence, fraud or intentional, willful, malicious or reckless misconduct.
By using the Sites, you hereby release the BBQGuys Parties from any and all claims, damages or losses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, that you may have against them arising out of or in any way relating to the Sites.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental, consequential, or other damages; as a result, the above limitation or exclusion may not apply to you, and the foregoing paragraph shall not apply to a resident of New Jersey to the extent damages to such New Jersey resident are the result of BBQGuys’ negligent, fraudulent or reckless act(s) or intentional misconduct.
By accessing the Sites, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
If you violate any of these Terms, your authorization to use the Sites automatically terminates and you must immediately destroy any downloaded or printed Site Content. We reserve the right to immediately terminate your access to or registration on the Sites, remove material from the Sites, take other remedial actions, and seek any remedies permitted by law. The obligation and liabilities of the parties prior to termination will survive the termination of this agreement for all purposes.
We also reserve the right to investigate suspected violations of these Terms, including, without limitation, any violation arising out of any emails you send to the Sites or us. Any violation of these Terms may be referred to law enforcement authorities. We will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms.
Accuracy, Completeness, and Timeliness of Information
The Sites have been developed by BBQGuys to provide you with information about BBQGuys’ products and services. The information on the Sites may become out of date over time.
From time to time, the Sites may feature blog, writings, articles, and videos with grilling tips, recipes, product reviews, kitchen services, and instructional videos (collectively, the "Instructional Information") from a variety of sources. You are solely responsible for the proper use of the Instructional Information. BBQGuys is not responsible for any physical, emotional or property damages resulting from the use or misuse of such Instructional Information, nor is BBQGuys responsible for the accuracy, reliability, effectiveness or correct use of any Instructional Information that you receive on the Sites. We are not responsible if information made available on the Sites is not accurate, complete, or correct.
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Except as provided in these Terms, content on the Sites may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of BBQGuys or the copyright owner. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Sites, please notify BBQGuys as described below.
The trademarks, service marks and logos ("Trademarks") used and displayed on the Sites are registered and unregistered Trademarks of BBQGuys and others. Nothing on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites, without the written permission of the Trademark owner.
Reporting Claims of Copyright and Other Intellectual Property Infringement
You may not use the Sites for any purpose or in any manner that infringes the rights of any third party. BBQGuys encourages you to report any content on the Sites that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. It is our policy to expeditiously respond to clear, legally valid notices of copyright infringement that comply with the criteria established by Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”).
If you believe any materials on the BBQGuys website (the “Sites”) infringe your copyright, you may submit a notification by providing BBQGuys’ Designated Copyright Agent with the following information in writing or via email:
- Your physical or electronic signature.
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the Sites the material you claim is infringing may be found, sufficient for BBQGuys to locate the material (e.g., the URL).
- Your name, address, phone number and email address (if any).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our designated copyright agent to receive DMCA Notices is:Chase Shelton
8151 Airline Hwy, Baton Rogue, LA, 70815
We suggest that you consult your legal advisor before filing a notice with BBQGuys’ copyright agent, because there may be penalties for false claims.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If we request additional information necessary to make your DMCA notice complete, please provide that information promptly. If you fail to comply, your DMCA notice may not be processed further. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
A copy of your notice, including any contact information provided, may be provided to third parties, including the complainant or the user who posted the content being reported.
Other Intellectual Property. If you believe that any content on the Sites violate your exclusive rights other than copyrights, please provide BBQGuys at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding content on the Sites to: email@example.com.
The Sites may offer features that are available to you via your mobile phone or other mobile device. These features may include the ability to connect your BBQGuys’ product to a BBQGuys or third-party application, access content and features, receive messages, or otherwise access features of the Sites (collectively, “Mobile Features”). Message and data rates and other carrier fees may apply. Fees and charges will appear on your mobile device bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. For example, the instructions may require you to text a keyword (e.g. “STOP”) to the applicable short code for the Mobile Feature.
Location of the Sites and Territorial Restrictions
BBQGuys controls and operates the Sites from the United States of America. The information provided on the Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject BBQGuys to any registration requirement within such jurisdiction or country. BBQGuys makes no representation that these materials are appropriate for use in other locations. We reserve the right to limit the availability of the Sites or any portion of the Sites to any person, geographic area, or jurisdiction, at any time and in our sole discretion. If you use the Sites from other locations you are responsible for compliance with applicable local laws.
Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from the Sites may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (c) to any country or individual in a manner prohibited under the export control laws of the United States or Canada. By downloading any software related to the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Except as otherwise provided in the Binding Arbitration Agreement, these Terms and your use of the Sites will be governed by the laws of the State of Delaware, as applied to contracts entered into between Delaware residents and performed in Delaware. Any disputes arising out of these Terms or your use of the Sites not subject to Binding Arbitration will be heard only in the state or federal courts located in Delaware, and you hereby consent and submit to the personal jurisdiction of such courts.
BINDING ARBITRATION AGREEMENT
- Applicability of Arbitration Agreement. You agree that any dispute or controversy or claim arising out of or relating to the Sites, use of the Sites, and/or these Terms or any Additional Terms (including, without limitation, the arbitrability of any claim or controversy), or to any aspect of your relationship with BBQGuys will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or BBQGuys may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises, otherwise the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.
If you agree to arbitration with BBQGuys, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against the BBQGuys Parties alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against the BBQGuys Parties in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this agreement, including this Arbitration Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief) to BBQGuys’ Legal Department, 8151 Airline Highway, Baton Rouge, LA 70815. You and we agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, will be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. BBQGuys will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by BBQGuys after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Fees. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees, and you cannot obtain a waiver from JAMS, BBQGuys will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay BBQGuys’ attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
- Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and BBQGuys. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. You and BBQGuys hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and BBQGuys are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in paragraph (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court.
You and BBQGuys agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against BBQGuys within an approximately thirty-day period (or otherwise in close proximity), regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and BBQGuys agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out by contacting us at BBQGuys’ Legal Department, 8151 Airline Highway, Baton Rouge, LA 70815, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your BBQGuys account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with BBQGuys.
- Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if BBQGuys makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to BBQGuys.
If any provision of these Terms or applicable Additional Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any unenforceable provisions of the Terms or Additional Terms will be construed in a manner to reflect, as nearly as possible, the original intention of the parties consistent with applicable law. These Terms (and the links contained herein) and any applicable Additional Terms state the entire agreement between the parties relating to use of the Sites. The Terms may not be amended except as provided above.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms or to exercise any right under the Terms will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.
If any provision of these Terms or any Additional Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions to the fullest extent permitted by applicable law.
If a court or other decision-maker should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. We may assign our rights and obligations under these Terms to any party at any time without any notice to you and upon such assignment we may be relieved of any further obligation hereunder. Terms may not be assigned by you without BBQGuys’ prior written consent, and any unauthorized assignment and delegation by you is void. You represent to us that you have the authority to register with the Sites according to these Terms.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by BBQGuys. Provisions of these Terms that would logically survive termination will survive the termination of these Terms for any reason (including without limitation, Disclaimer of Warranties; Waiver, Limitation of Liability; Waiver and Arbitration).
The communications between you and us use electronic means, whether you visit the Sites or send us emails or other electronic communications, or whether we post notices on the Sites or communicate with you via email or other electronic communications. You (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that BBQGuys provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
BBQGuys will not be liable for any delay or failure to perform, including failure to deliver purchased products or services, resulting from causes outside its reasonable control, including, but not limited to, acts of God,
These Terms and any Additional Terms constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings.
Availability of Products and Services
Availability of products on the Sites are subject to change without notice. Products displayed on the Sites may be found online while supplies last.
We have made reasonable efforts to display accurate images of the products found on the Sites; however, we cannot guarantee that your computer monitor’s display of any images will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Sites is void where prohibited.
Full use of certain products and services, including remote access and mobile notifications, is dependent on, among other things, the transmission of data through your wi-fi network, enabled wireless device (such as a phone or tablet), Internet access, and use of a device with compatible software. The functionality of your device may influence performance of the Sites and our products and services, and it is your responsibility to ensure your device’s functionality and compatibility with our Sites. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
Accuracy of Billing and Account Information
We reserve the right to refuse any order or any part of any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Further, we reserve the right to verify the validity of all orders and cancel any order if we find evidence of fraud, tampering and/or any other violation of these Terms. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of the terms and conditions of these Terms.
You agree to provide current, complete and accurate purchase and account information for all purchases made at the Sites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Sales transactions on the Site are subject to these Terms and our sales policies.
If you have any questions or concerns about the Terms, email us at firstname.lastname@example.org or write to us at BBQGuys’ Legal Department, 8151 Airline Highway, Baton Rouge, LA 70815.