Last updated: April 2, 2020
Welcome to www.bbq-aid.com (the “Site”). Vantage Commerce LLC and its affiliates (collectively “BBQ-AID”), provides website features and other services when you visit or shop at the Site or use BBQ-AID mobile applications, engage with BBQ-AID social media accounts, participate in BBQ-AID promotions or opt-in to receive e-mails from BBQ-AID (collectively “BBQ-AID Media”). Your use of the Site and the BBQ-AID Media 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 BBQ-AID Media, 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provided) all of the Terms and Conditions and acknowledge that any other agreements between you and BBQ-AID are superseded and have no force and effect.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 BBQ-AID product online using the Site, this Legal Notice including the Terms and Conditions do not affect any rights you have under state law as to products you purchase, applicable laws addressing products liability, or rights you have pursuant to BBQ-AID’s warranties, shipping or return policies which apply to products you purchase. Please see the supplemental terms and conditions (such as the shipping and return policies) that apply to purchases of BBQ-AID 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.
You may access this Legal Notice page by clicking on the “Legal Notice” link at the bottom of any page of the Site.
The Site is not directed to children under the age of 13. As a result, the Site does not request or knowingly collect personal data from individuals under the age of 13. If you are not 13 or older, you should not use or visit the Site or use BBQ-AID Media. If BBQ-AID learns that personally identifiable information of persons under the age of 13 has been collected on the Site without verified parental consent, BBQ-AID will take appropriate steps to delete the information. BBQ-AID reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
TERMS AND CONDITIONS
BBQ-AID® may at any time revise, modify or amend these Terms and Conditions 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 and Conditions on the Site. Your use of the Site after such notice indicates your agreement to the terms of any such changes. If any of the Terms and Conditions 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 Term or Condition.
You should assume that everything you see or read on the Site or in BBQ-AID Media (save for User Generated Content as defined hereafter) is subject to a copyright or other intellectual property right owned by BBQ-AID and may not be used except as provided in these Terms and Conditions or in the text of the Site or BBQ-AID Media without the written permission of BBQ-AID. BBQ-AID makes no representations or warranties with regard to materials displayed on the Site or BBQ-AID Media that is owned by third parties and not owned or affiliated with BBQ-AID.
BBQ-AID makes no representations that any files, material or information you download from the Site or BBQ-AID Media 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 BBQ-AID Media.
You may download material displayed on the Site or BBQ-AID Media for non-commercial, personal use only provided you also retain the copyright or other proprietary notices (such as watermarks) contained on the materials. You may not distribute, modify, transmit, reuse, report or use the contents of the Site or BBQ-AID Media including the text, images, audio and video for public or commercial purposes without BBQ-AID’s written permission.
TO THE FULL EXTENT PERMITTED BY LAW, BBQ-AID DISCLAIMS ANY AND ALL WARRANTIES AS TO THE SITE AND BBQ-AID MEDIA 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 BBQ-AID MEDIA IS PROVIDED BY BBQ-AID 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.
BBQ-AID WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR BBQ-AID MEDIA INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNATIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Unless caused by BBQ-AID’s negligent or reckless conduct or intentional misconduct, you and BBQ-AID agree that BBQ-AID 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 BBQ-AID Media, 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.
Any communication or material you transmit to the Site or BBQ-AID Media by electronic mail or otherwise, including any data, questions, comments, suggestions, pictures or the like (“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 BBQ-AID or its affiliates for any purpose, and you hereby grant to BBQ-AID 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, BBQ-AID 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.
Images of people or places displayed on the Site or BBQ-AID Media are either the property of, or used with permission by, BBQ-AID. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided by BBQ-AID. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
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. BBQ-AID will fully cooperate with any law enforcement authorities or court order requesting or directing BBQ-AID to disclose the identity of anyone posting any such information or materials. Although BBQ-AID may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, BBQ-AID assumes no obligations to do so and assumes no responsibility or liability arising from the content of any such locations 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 BBQ-AID Media. BBQ-AID reserves the right to take down any content posted on the Site or BBQ-AID Media for any reason.
By accessing the Site or using BBQ-AID Media, you agree that the Federal Arbitration Act and the laws of the State of Illinois without regard to its conflicts of laws, will govern the Legal Notice including the Terms and Conditions and any dispute which may arise between you and BBQ-AID.
If you believe that your work has been copied on the Site or in BBQ-AID Media in a way that constitutes copyright infringement, please provide BBQ-AID’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying BBQ-AID of your claim that your copyrighted material has been infringed through posting on the Site or BBQ-AID Media.
-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
-A description of the copyrighted work that you claim has been infringed upon;
-A description of where the material that you claim is infringed is located on the Site or in the BBQ-AID Media;
- BBQ-AID address, telephone number and email address;
-A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
-A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.