TERMS OF SERVICEs
Welcome to franklinbbqpits.com (“Site”), Franklin BBQ Pits, LLC and its affiliates, associates, and related entities (collectively “Franklin BBQ Pits”), provides website features and other services when you visit, navigate, or make a purchase at the Site or when you submit your contact info, receive communications from Franklin BBQ Pits, or engage with any content generated for or from Franklin BBQ Pits (collectively “Franklin BBQ Pits Media (FBPM)”).
Your use of FBPM is subject to this Legal Notice and the following Terms and Conditions and all applicable law. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By accessing and browsing the Site and/or using FBPM, you accept without limitation or qualification (except as otherwise provided) all of the Terms and Conditions and acknowledge that any other agreements between you and Franklin BBQ Pits are superseded and have no force and effect. No customer service representative is authorized to modify or amend this Legal Notice including the Terms and Conditions.
If you purchase a Franklin BBQ Pits product online using the Site, please see the supplemental terms and conditions (such as the shipping and return policies) that apply to purchases of Franklin BBQ Pits products on this Site which will be disclosed at time of purchase and in the event of any conflict will prevail over these Terms and Conditions. Franklin BBQ Pits reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
Franklin BBQ Pits may at any time revise, modify or amend these Terms of Service by updating this Legal Notice. You are bound by such revisions, modifications and amendments and should therefore periodically visit the Legal Notice link to review these Terms and Conditions. We will provide notice of any material changes to the Terms of Service on the Site. Your use of the Site after such notice indicates your agreement to any such changes. If any of the Terms of Service shall be deemed void or unenforceable, that Term or Condition shall be deemed severable and shall not affect the validity or enforceability of any remaining provision of the Terms.
You should assume that everything you see or read on the Site or in FBPM is subject to a copyright or other intellectual property right owned by Franklin BBQ Pits or its affiliate or parent companies and may not be used except as provided in these Terms or in the text of the Site or FBPM without the written permission of Franklin BBQ Pits. Franklin BBQ Pits makes no representations or warranties with regard to materials displayed on the Site or FBPM that is owned by third parties and not owned or affiliated with Franklin BBQ Pits. You may not distribute, modify, transmit, reuse, report or use the contents of the Site or FBPM including the text, images, audio and video for public or commercial purposes without Franklin BBQ Pits’ written permission.
Images of people or places displayed on the Site or FBPM are either the property of, or used with permission by, Franklin BBQ Pits. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these or specific permission provided by Franklin BBQ Pits. Any unauthorized use of images will likely violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
INTERNET SAFETY AND SECURITY
Franklin BBQ Pits makes no representations that any files, material or information you download from the Site or FBPM will be free of viruses or contamination or destructive features. Users should and are expected to maintain their own antivirus protection software and take appropriate cyber security measures while browsing or otherwise using the Site or FBPM.
Any communication or material you transmit to the Site or FBPM by electronic mail or otherwise, including any data, questions, comments, suggestions, pictures or the similar such media (“User Generated Content”) is and will be treated as non-confidential and non- proprietary. Any User Generated Content you transmit or post may be used, without compensation, by Franklin BBQ Pits or its affiliates for any purpose, and you hereby grant to Franklin BBQ Pits and its affiliates a non-exclusive, sub-licensable, irrevocable, transferable, royalty free license under all intellectual property laws to use, reproduce, disclose, transmit, publish, broadcast, edit, and post such User Generated Content. Further, Franklin BBQ Pits is free to use, without compensation to you, any ideas, concepts, know- how or techniques contained in any User Generated Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products. If you do not agree to the foregoing, then you should not transmit or post any such User Generated Content.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law including by unlawful use or access of network or computing property. Franklin BBQ Pits will fully cooperate with any law enforcement authorities or court order requesting or directing Franklin BBQ Pits to disclose the identity of anyone posting any such information or materials or making such unlawful use of its network or computing property. Franklin BBQ Pits assumes no obligations, responsibility, or liability arising from any content posted on, communicated through, generated by, or caused to be sent by reason of information submitted on the Site of FBPM nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site or FBPM. Franklin BBQ Pits reserves the right to take down any content posted on the Site or FBPM for any reason.
TO THE FULL EXTENT PERMITTED BY LAW, Franklin BBQ Pits DISCLAIMS ANY AND ALL WARRANTIES AS TO THE SITE AND FBPM AND THEIR CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THE SITE AND FBPM IS PROVIDED BY Franklin BBQ Pits ON AN “AS IS” AND “AS AVAILABLE” BASIS. Please note that because some jurisdictions may not allow the exclusion of implied warranties, some of all the disclaimers in the Terms and Conditions may not apply to you. Check local laws for any restrictions or limitations regarding the exclusion of implied warranties or additional rights that may be available to you.
Unless caused by Franklin BBQ Pits’ negligent or reckless conduct or intentional misconduct, you and Franklin BBQ Pits agree that Franklin BBQ Pits shall not be liable (whether in contract, tort or any cause of action) for any damages or injuries arising out of or related to your use of the Site or Franklin BBQ Pits, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of your computer, data or information.
You agree to defend, indemnify and hold harmless Franklin BBQ Pits, its parent and affiliates, agents, managers, and their employees, contractors, agents, officers and directors, third party service providers from and against any and all claims, damages (actual or consequential), obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) of every kind and nature, known or unknown arising from: (i) your use of and access to the Site or FBPM, including any data or content transmitted or received by you; (ii) your violation of the Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claims or damages that arise as a result of any of your User Generated Content or any that is submitted via your account; or (vi) any other party's access and use of the Site or FBPM with your unique identifying information including but not limited to IP address, MAC address, username, password, or other appropriate security code.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Franklin BBQ Pits, ITS PARENT AND AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE OR FBPM. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SITE OR FBPM AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR FBPM OR THROUGH ANY LINKS THEREON. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Franklin BBQ Pits ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND USER CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND FBPM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR FBPM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE OR FBPM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND USER CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR FBPM; AND/OR (VII) USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BRISKET ISLAND, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BRISKET ISLAND HEREUNDER.
- THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- THE SITE AND FBPM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SITE AND FBPM IS AT YOUR OWN RISK. THE SITE AND FBPM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BRISKET ISLAND, ITS PARENT, SUBSIDIARIES, AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR THE SECURITY, TIMELINESS, ACCURACY, RELIABILITY, AND PERFORMANCE OF THE SITE AND FBPM AND CONTENT; THAT THE SITE AND FBPM WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE OR FBPM OR ANY CONTENT ACCESSIBLE THEREFROM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR FBPM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
- Franklin BBQ Pits DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BRISKET ISLAND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE OR FBPM SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS OWNED BY Franklin BBQ Pits. IN THE EVENT OF A DISPUTE, YOU MUST SEND TO Franklin BBQ Pits A NOTICE OF DISPUTE ALONG WITH A WRITTEN DESCRIPTION OF THE NATURE OF THE DISPUTE AND THE RELIEF SOUGHT. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES, INCLUDING THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES. THE AAA RULES ARE AVAILABLE AT www.aaa.org OR BY CALLING 1-800-779-7979. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S RULES. ARBITRATION MAY BE CONDUCTED IN PERSON OR BY PHONE ALONG WITH THE SUBMISSION OF DOCUMENTS. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
By accessing the Site or using FBPM, you agree that the Federal Arbitration Act and the laws of the State of Texas without regard to its conflicts of laws, will govern the Legal Notice including the Terms of Service and any dispute which may arise between you and Brisket Island.
By using the Site or FBPM you further HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER OCCURANCE, EVENT, OR TRANSACTIONS CONTEMPLATED BY OR CONDUCTED THROUGH THE SITE OR FBPM. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO USE THE SITE AND FBPM AND THUS ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THIS MUTUAL WAIVER.