*****LAST UPDATED JUNE 28, 2019*****
READ THESE TERMS OF SERVICE CAREFULLY PRIOR TO ACCESSING OR USING THIS WEBSITE, CREATING AN ACCOUNT WITH BBQ CHAMPS ACADEMY, INC. OR PURCHASING ANY GOODS OR SERVICES.
BBQ Champs Academy, Inc. and its affiliates, contractors, licensors, licensees, shareholders, directors, officers, employees, contractors and agents (hereinafter, collectively referred to as the “Company”) are providing you with access to its websites (“Sites”), applications, content, products, goods, services, software, access to social media groups, technology and/or other materials (collectively referred to as “Services”).
- CONTRACT BETWEEN THE COMPANY AND YOU
Additional and supplemental terms and conditions may apply to certain Services, including but not limited to promotions, contests, or certain content. Any additional or supplemental terms will govern such Services.
- AMENDMENT, MODIFICATION AND CHANGE OF TERMS
- USE OF THE SITES, SERVICES AND INTELLECTUAL PROPERTY
a. INTELLECTUAL PROPERTY
You expressly agree and acknowledge that the Services, the Sites, and all content, materials, logos, slogans, text, graphics, photographs, videos, files and intellectual property rights, including, but not limited to, trademarks, tradenames, patents, copyrights, and proprietary rights contained on the Site or in conjunction with Company’s provision of the Services are solely owned by the Company or its affiliates, licensors, or contractors. This agreement and acknowledgement shall survive the termination or amendment of these Terms.
b. LIMITED LICENSE FOR USE
For any Services or portions of the Sites for which you must be granted access by the Company to view, consume or otherwise use any content or materials owned or licensed by the Company, the Company grants you a non-exclusive, non-sublicensable, non-transferable, limited, revocable license solely to access and use the Services and any related content, videos, or materials FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.
c. RESTRICTIONS ON USE
You are prohibited from and expressly agree that you will not: (1) reproduce, copy, amend, modify, alter, republish, sell, distribute, display, transmit, post, duplicate, exploit, or create derivative works of any of the Services or the Sites, or any portion thereof; (2) sell, publish, broadcast, or make commercial use of the Services or Sites, or any portion thereof; (3) alter, modify or remove disclaimers, identifications, warnings, disclosures, trademarks, copyrights, or proprietary notices and information on or in the Services or Sites; (4) use or access the Sites or Services in an unauthorized or unlawful manner or in a manner that suggests any association with the Company, the Services or the Sites; or (5) use the Sites or Services in contravention of any local, national or international law, regulation, ordinance or treaty.
d. DISCLAIMER OF WARRANTIES
THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SITES OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILIY, FITNESS FOR A PARTICULAR USE OR PURPOSE, SATISFACTORY QUALITY, AND THOSE WARRANTIES ARISING FROM USAGE, TRADE PRACTICES OR COURSE OF DEALING.
YOU EXPRESSLY AGREE TO ASSUME ANY AND ALL RISK ASSOCIATED WITH USE OF THE SITES AND SERVICES. THE COMPANY MAKES NO GUARANTY OR WARRANTY REGARDING YOUR USE OF THE SITES OR SERVICES, THE SAFETY OR QUALITY OF ANY FOOD PREPARATION METHODS, THE SAFETY OF ANY FOOD OR PRODUCT CREATED OR PREPARED BY YOU, THE RESULTS YOU MAY ACHIEVE, BENEFITS OR OUTCOMES THAT MAY BE OBTAINED THROUGH USE OF THE SITES OR SERVICES.
YOU EXPRESSLY ACKNOWLEDGE THAT THE COMPANY HAS NO RESPONSIBILITY FOR AND CANNOT CONTROL ANY PRODUCTS, PRODUCT DESCRIPTIONS, ADVERTISEMENTS OR OTHER CONTENT OFFERED BY THIRD-PARTIES THROUGH OR ON THE SITES OR SERVICES. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE RELIABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CURRENCY OF ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE OR SERVICES.
YOU EXPRESSLY AGREE TO HOLD THE COMPANY AND ITS EMPLOYEES, SHAREHOLDERS, DIRECTORS OFFICERS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS HARMLESS FOR ANY DAMAGES OR LOSSES YOU INCUR OR WHICH OTHERWISE RESULT FROM YOUR USE OF OR ACCESS TO THE SITES OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES OR LOSSES TO YOUR COMPUTER HARDWARE, SOFTWARE OR DATA, AS THE SITES, SERVICES AND THIRD-PARTY CONTENT MAY HAVE ERRORS, BUGS OR OTHER LIMITATIONS. THIS DISCLAIMER OF WARRANTIES AND AGREEMENT TO HOLD THE COMPANY HARMLESS SHALL SURVIVE THE TERMINATION OR AMENDMENT OF THESE TERMS.
e. THIRD-PARTY CONTENT AND SERVICES
The Sites and Services may contain Third-Party Content such as statements, advice, opinions, or other information, including, but not limited to, information regarding food preparation, cooking, grilling, barbecuing, or products, that belong to the respective Third-Party making such content available. The Company does not endorse, adopt or assume liability for any Third-Party Content, nor does the Company guaranty the quality or accuracy of any Third-Party Content. You expressly agree to assume any and all risk associated with or arising from your use of Third-Party Content and acknowledge that the Company has no liability for any damages or losses you may incur as a result of your use of the Third-Party Content.
- YOUR ACCOUNT AND USER GENERATED CONTENT
a. YOUR ACCOUNT
b. USE OF SERVICES
You agree to use the Sites and Services in the manner in which they were intended and that you will not use the Sites and Services in any manner that is unlawful or precludes or diminishes the use and enjoyment of the Sites and Services by others. Failure to abide by these guidelines may result in the termination or suspension of your account at the Company’s sole discretion and without refund of any amounts paid to the Company.
c. ASSOCIATED SOCIAL MEDIA PLATFORM
In conjunction with your use of the Sites or Services, the Company may grant you access to a group, forum or other interactive service on one or more third-party social media platforms, sites or services (“Social Media Services”). The Company makes no guaranties, warranties or representations that any particular person or user will participate in the Social Media Services. You expressly acknowledge that the Company is providing the Social Media Services at no charge to you, that any payment by you to the Company was not payment for access to any particular Social Media Services, and that the Company may discontinue the Social Media Services at any time without notice to you and without refund of any amounts that you have paid to the Company.
You expressly agree that you assume all risk of damage or loss that you may sustain by using any Social Media Service. You acknowledge that you own, have properly licensed or otherwise have authority to use, post, transmit, or upload all content, text, photographs, graphics or other information or content while using the Social Media Services. You are and shall remain solely liable and responsible for any content that you post, upload, transmit, share or otherwise communicate using the Social Media Services. You acknowledge that the Social Media Services are a public forum, that all content may be viewed by the general public, and that you have no expectation of privacy when using the Social Media Services. You expressly agree and acknowledge that the Company is not responsible for and does not endorse, approve or guaranty any content posted or otherwise transmitted by you, other users or any third party on any social media platform, site or service. You agree that you will not engage in any illegal, defamatory, harassing, stalking, hateful, vulgar, obscene, pornographic, violent, negative or offensive conduct while using or accessing the Social Media Services. The Company has the right to screen, monitor, modify, remove, post, and store any content that is posted or otherwise transmitted in conjunction with the Social Media Services, but it has no obligation to do so. The Company reserves the right, to the extent it has such authority, to terminate or suspend your access to the Social Media Services at any time in its sole discretion without notice to you and without refund of any amount that you have paid to the Company.
d. LICENSE TO USE YOUR USER GENERATED CONTENT
You explicitly grant to the Company a perpetual, irrevocable, non-exclusive, sublicensable license under all trademarks, patents, copyrights, privacy rights, and other intellectual property rights to use, publish, display, distribute, copy, modify, amend, create derivative works of, print, transmit, or otherwise exploit your User Generated Content, in whole or in part, without limit as to manner, frequency or time, without attribution, without permission from or payment to you or any other person or entity, and without further notice to you. The Company has no obligation to use your User Generated Content. You expressly acknowledge that the Company does not owe you or any third-party payment or compensation, now or in the future, for the Company’s use of your User Generated Content in any manner, including but not limited, commercial use. The terms of this license shall survive the termination or amendment of these Terms.
You expressly warrant and represent that you own or have the necessary license, right or permission to use your User Generated Content and that your User Generated Content is in conformity with the Terms. You agree that the Company, its licensees and affiliates may use and exploit you User Generated Content for any purpose and in all manners, including, but not limited to, commercial use. YOU EXPRESSLY AGREE TO INDEMNIFY THE COMPANY AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, CONTRACTORS AND AFFILIATES (COLLECTIVELY, “INDEMNIFIED PARTIES”) AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS, LIABILITY, LOSSES OR EXPENSES, INCLUDING ATTORNEYS’ FFES, MADE AGAINST THE INDEMNIFIED PARTIES BY YOU AND/OR ANY THIRD PARTY RELATING TO, ARISING OUT OF, OR CONCERNING THE USE AND PUBLICATION OF YOUR USER GENERATED CONTENT BY YOU OR THE INDEMNIFIED PARTIES. YOU WAIVE ANY RIGHT TO EQUITABLE OR INJUNCTIVE RELIEF IN CONNECTION WITH USE OF YOUR USER GENERATED CONTENT BY THE INDEMNIFIED PARTIES. THIS INDEMNIFICATION SHALL SURVIVE THE TERMINATION OR AMENDMENT OF THESE TERMS.
You agree that you may not upload, share or submit User Generated Content that is illegal, defamatory, harassing, stalking, hateful, vulgar, obscene, pornographic, violent, negative, offensive, false, misleading, misrepresenting, unlawful, or harmful to any person as determined by the Company in its sole discretion. The Company has the right to screen, monitor, modify, remove, post, and store User Generated Content at any time or for any reason without notice to you, but it has no obligation to do so.
The Company is not liable or responsible to any third-party or you for any User Generated Content and does not guaranty, endorse, or recommend any content, views, opinions, or advice posted, uploaded, published or otherwise communicated by you, other users, experts, celebrity grillmasters or pitmasters, or other persons or entities.
- PURCHASE OF PRODUCTS AND/OR SERVICES
a. PRODUCTS, SERVICES AND PRICING
The Company has taken reasonable steps to ensure that the Sites and Services contain accurate and fairly described product and service descriptions, pricing (in United States Dollars) and other information. The Company reserves the right to refuse any order if the Sites or Services contain an error in pricing or in the description of goods or services. The Company may reject a purchase based on the address of the payment information if the Company is not authorized to sell or provide the Services in that jurisdiction.
The Company may cancel or refuse any order following processing due to system and technological errors, issues regarding payment or potential fraud, or other concerns in the Company’s sole discretion. The Company may require additional information or verification from you before accepting an order. If your order is cancelled, in whole or in part, after your payment has been processed, the Company will issue the applicable refund.
The prices contained within the Sites or Services are listed in United States Dollars and do not include any applicable taxes, which are calculated based on the billing address provided. Upon placing an order, the amount of the applicable tax due to any governing authority within the United States is estimated and included in your order total for your convenience. The final tax amount will be based on the current rate established by the applicable taxing authorities, charged to your form of payment, and reflected in your order confirmation.
The Sites and Services are susceptible to interruptions in service and availability and other technological errors that may cause temporary or prolonged disruption to your access to the Site or Services. You expressly acknowledge and agree that the Company is not liable or responsible for any losses or damages that may occur as a result of any temporary or prolonged loss of access to the Sites or Services.
Your access to the SiteS and Services is non-transferable and cannot be sold, assigned, subcontracted, OR shared with any other person or entity.
b. PAYMENT INFORMATION
By providing payment information, including, but not limited to, credit card information, to the Company, you warrant and represent that the payment information is true and correct and belongs to you or you have the authority to use such form of payment. You agree that placing an electronic order with the Company is sufficient, without requirement of any further writing, to satisfy any applicable Statute of Frauds.
c. RESERVATION OF RIGHTS
THE COMPANY DESIRES TO PROVIDE YOU ACCESS TO THE SITES AND THE SERVICES AS LONG AS IT IS REASONABLE AND PRACTICABLE TO DO SO. THE COMPANY RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO AND USE OF THE SITES AND THE SERVICES UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS: (1) A MATERIAL CHANGE IN THE TECHNOLOGY UTILIZED BY THE COMPANY TO PROVIDE THE SERVICES THAT SIGNIFICANTLY IMPAIRS (WHETHER FINANCIALLY OR PRACTICABLY) THE COMPANY’S ABILITY TO PROVIDE ACCESS TO AND USE OF THE SITES AND SERVICES; (2) A BANKRUPTCY FILING BY THE COMPANY; (3) THE INSOLVENCY OF THE COMPANY; (4) CESSATION OF OPERATION BY THE COMPANY; OR (5) ANY UNFORESEEN EVENT, ACT OF GOD, WAR, TERRORISM OR NATURE THAT MAKES IT IMPRACTICABLE FOR THE COMPANY TO CONTINUE PROVIDING ACCESS TO AND USE OF THE SITES AND SERVICES.
THE COMPANY MAY TERMINATE OR SUSPEND YOUR ACCOUNT OR YOUR ACCESS TO THE SITES OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE SOCIAL MEDIA SERVICES, UPON VIOLATION OF THESE TERMS BY YOU IN THE COMPANY’S SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT REFUND OF ANY AMOUNTS PAID TO THE COMPANY. THE COMPANY RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT OR YOUR ACCESS TO THE SITES OR SERVICES FOR ANY OR NO REASON IN ITS SOLE DISCRETION.
- ACCESS TO AND USE OF SITES AND SERVICES
a. USER RESULTS WILL VARY
THE SITES AND SERVICES ONLY CONTAIN SUGGESTIONS AND ARE ONLY FOR INFORMATIONAL PURPOSES, EXCLUSIVELY FOR YOU. YOU MUST USE YOUR DISCRETION IN USING THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO, DETERMINING THE SAFETY AND ADVISABILITY OF ANY ACTION PROPOSED OR SUGGESTED IN THE SITES OR SERVICES.
Results experienced by users in accessing or using the Sites and Services may vary. The Company does not warrant or guaranty that any particular or certain result will be obtained by using the Sites or Services. The testimonials, reviews and other User Generated Content may have used alternate methods or products not contained in the Sites or Services to achieve the desired results.
b. ASSUMPTION OF RISK
You expressly agree and acknowledge that your access to or use of the Sites or Services involves subjective food preparation, use of various food products, and potentially dangerous food handling, cooking, grilling or barbecuing methods, the use of which may lead to personal and/or bodily injury, death, permanent or temporary disability, loss of consortium, loss of services, property damage, loss of property, or loss of privacy. You expressly agree that any advice, instruction, or other information provided in the Sites or Services is merely a suggestion and that you must use your discretion in accessing and using the Sites or Services. You expressly and willingly accept the risks associated with you access to and use of the Sites and Services and agree to unconditionally hold harmless and release the Company from all claims, damages, losses, causes of action, suits, costs expenses or liability related to or arising from your access to or use of the Sites or Services. This assumption of the risk will survive the termination or amendment of these Terms.
- COPYRIGHT POLICY
The Company has taken reasonable measures to ensure that the intellectual property rights, including copyrights, trademarks, patents and other intellectual property rights, of third parties are not infringed in the Sites or Services. If you believe that content on the Site or in the Services, including the Social Media Services, infringes on your intellectual property rights, please notify us by e-mail at: [email protected]
Your notice should include the specific intellectual property right alleged to be violated, the owner of the intellectual right, the manner of the alleged infringement, and your contact information.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
a. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, CONTRACTORS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, COSTS TO PROCURE SUBSTITUTE SERVICES OR GOODS, PROPERTY DAMAGE, LOST DATA, DISCLOSURE OF CONFIDENTIAL OR OTHER PROPRIETARY INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OWED, INCLUDING GOOD FAITH AND REASONABLE CARE, NEGLIGENCE OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OR NOTICE OF SUCH DAMAGE GIVEN TO THE COMPANY OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, CONTRACTORS, OR AFFILIATES THAT ARISE OUT OF OR ARE CONNECTED IN ANY WAY WITH YOUR ACCESS TO OR USE OF THE SITES OR SERVICES. THIS LIMITATION SHALL APPLY TO ALL DAMAGES, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION.
THE MAXIMUM LIABILITY OF THE COMPANY AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, CONTRACTORS AND AFFILIATES SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE NINETY (90) DAYS IMMEDIATELY PROCEEDING ANY CLAIM TO THE COMPANY FOR THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS A REASONABLE ALLOCATION OF RISK, THAT IT IS A FUNDAMENTAL TERM OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU, AND THAT THE SITES AND SERVICES WOULD NOT BE PROVIDED TO YOU IN THE ABSENCE OF THIS LIMITATION OF LIABILITY. THIS LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OR AMENDMENT OF THESE TERMS.
THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR FAILURE TO PERFORM ANY OF ITS OBLIGATIONS SET FORTH IN THE TERMS IF SUCH FAILURE IS CAUSED BY OR THE RESULT OF ANY OCCURRENCE OF AN UNFORESEEN CIRCUMSTANCE THAT IS BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET SERVICE DISRUPTION, FIRE, FLOOD, NATURAL DISASTER, CIVIL UNREST, WAR OR ANY ACT OF GOD, TERRORISM OR NATURE.
You expressly agree to indemnify the Company and its shareholders, directors, officers, employees, agents, licensors, licensees, contractors and affiliates (collectively, “Indemnified Parties”) and hold them harmless from any and all claims, liability, losses or expenses, including attorneys’ fees, made against the Indemnified Parties by you and/or any third-party arising out of or relating to your breach or violation of these Terms, your improper use of the Sites or Services, or your violation of any rights of a third-party. This indemnification shall survive the termination or amendment of these Terms.
- MISCELLANEOUS TERMS
a. ENTIRE AGREEMENT
These Terms constitute the complete, final and exclusive agreement between the Company and you regarding your access to and use of the Sites and Services and supersedes all other communications, agreements, communications and courses of dealing between the Company and you.
Notwithstanding contrary provisions contained herein, the Company reserves the right to terminate your access to and use of the Sites and Services at any time without notice to you and in the Company’s sole discretion for any reason or no reason. You expressly agree that the Company shall not be liable for any termination or interruption of access to or use of the Sites or Services.
If any provision, clause or portion of these Terms shall be determined to be unlawful, void, or unenforceable for any reason, then that provision, clause or portion shall be deemed struck from the Terms and shall not affect the validity of the remainder of the Terms.
e. GOVERNING LAW
f. EXCLUSIVE JURISDICTION AND VENUE
All notices required or permitted to be given pursuant to the Terms shall be in writing. Notice shall be given to the Company by e-mail to: [email protected]
You explicitly agree that the Company may provide notice to you by sending an e-mail to the address on file with the Company and that such e-mail satisfies any requirement that such notice be in writing and that notice to you shall be deemed effective upon the Company sending an e-mail to that address. You are solely responsible for ensuring that your e-mail address on file with the Company is current and accurate.
The Company may assign these Terms or its rights or obligations pursuant to these Terms to any person or entity at any time, for any reason, with or without notice to you. You shall not assign these Terms, or your rights or obligations pursuant to these Terms at any time.
i. NO THIRD-PARTY BENEFICIARIES
Except as specifically set forth in these Terms, there shall be no third-party beneficiary or beneficiaries to these Terms. These Terms may only be enforced by the Company or you, unless otherwise set forth in these Terms.
No waiver of any provision in these Terms shall constitute a continuing waiver of such provision or a waiver of any other provision in these Terms. The Company’s failure to assert a right pursuant to these Terms shall not be deemed a waiver of such right. All waivers must be in writing and signed by the President or Chief Executive Officer of the Company.
k. INTERNATIONAL USERS
The Company and its service providers, contractors and affiliates provide, control and operate the Sites and Services from locations within the United States. You expressly agree that the Company makes no representations or warranties that the Sites and Services are lawful, appropriate or available for use at locations outside of the United States. Accessing or using the Sites or Services from countries or territories where the Sites or Services are illegal is prohibited. The Sites and Services shall not be exported or used in violation of the United States’ laws, export laws, or regulations, international law, or the applicable laws that govern the location where you access or use the Sites or Services. You expressly agree that if you access or use the Site or Services from a location outside of the United States, you are solely responsible for compliance with any and all local laws, rules, regulations and ordinances.
The parties expressly agree that these Terms and all related documents have been written in English. The Company is not responsible for any errors in the translation of these Terms.