Regardless of the device you use to access the Site, your use of the Site is subject to your compliance with these Terms, as well as any other written agreement between us and you. You also agree to comply with any additional rules, conditions, guidelines, and terms and conditions, such as third-party terms,relating to the products, services, functions, features, materials or Content (defined below) provided on, or made available through, the Site.
We may, in our sole discretion and in addition to any other remedies available to us, with or without cause or notice, withdraw, suspend or discontinue at any time your use of the Site or any of its functions, features, materials or Content.
We may update these Terms from time to time. Please check the Terms each time you access or use the Site. If we make material changes to the Terms, we will post the revised Terms on the Site noting thenew effective date. Your continued access to or use of the Site after the effective date constitutes your acceptance of the new Terms.
License and User Conduct
Company grants you a personal, revocable, non-transferable, non-exclusive limited license to access and use this Site only for your personal and internal business purposes and strictly in accordance with these Terms. All rights not expressly granted in these Terms are reserved for Company.
Your use of the Site pursuant to these Terms is limited to: (1) receiving information about Company, its services, products and business activities; (2) accessing the Site; (3) sharing information via the Site; and (4) receiving information from Companyor other users of the Site. You may access, download, and print Site materials only as necessary to transact business with Company and/or to receive information available on or through the Site and, in doing so, you must retain any and all notices, trademarks, and other markings found on Site materials and Content.
You agree that you will comply with these Terms and that you will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others, or negatively impacts others’ ability to use the Site; (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) engage in, advocate or encourage any illegal activity; (d) infringe upon, diluteor violate the copyright, patent, trademark, trade secret, right of publicity, intellectual property, or proprietary right of Companyor of any third party; (e) violate the privacy of individuals, including, but not limited to, other users of the Site or its features; (f) engage in, assist, or encourage any conduct, activities, or communications that adversely affect the operation, access, or usability of the Site for any other authorized user; or (g) violate any applicable local, state, national or international law(s) or regulations.
You also agree that you will not: (h) attempt to gain unauthorized access to any portion or feature of the Site, including our systems, networks, social media pages and groups, or servers, including without limitation, by hacking, impersonation, password “mining” or any other illegitimate means; (i) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Site, including our systems, networks, social media pages and groups, or servers, to obtain or attempt to obtain any Content (defined below), materials, documents, or information through any unlawful means; or (j) sell, share, provide access to,license, or distribute any Content, materials, documents, or information obtained on or through the Site. We reserve the right to bar any such activities or uses, in our sole discretion.
Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content or the Site or access to the same. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof, except as expressly permitted herein.
We may make improvements, changes, or amendments to the Content, information, services, products, and other materials on the Site, or terminate the Site at any time, in our sole discretion.
The Site that may be accessed from, displayed on or linked to from your mobile device or PC is not available in all languages or in all countries. We make no representations that the Site is appropriate or available for use in any particular location. To the extent you choose to access the Site, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to the Site at any time without notice, in our sole discretion. In no event will we be liable for the removal or disabling of access to the Site, whether temporary or permanent. We may also impose limits on the use of or access to the Site, or portions thereof, in any case and without notice or liability.
Information You Provide
You agree that all information you provide to us will be true, accurate, current, and complete. You represent and warrant that you have the legal right to provide it, and that it does not violate any third party’s intellectual property, right of publicity, right of privacy or other legal rights. Any information or materials you provide us via the Site or otherwise, including feedback, responses to questions, comments, documents, photographs, suggestions, or the like will be deemed to be non-confidential and owned exclusively by Company. We will have no obligation of any kind with respect to such information. By uploading, sending, posting or otherwise providing any information or material, you grant Companyan unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit and distribute it. You agree that Company is free to use any Content, ideas, concepts, materials,know-how or techniques that you provide us, for any purpose and in our sole discretion, including for use in creating, using, and distributing derivative works, worldwide and in perpetuity, without any compensation to you or any third party.
Third-Party Sites and Information
Our Site may have links to other websites or it may refer to information, documents, software, materials and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication. You agree that Companyis not responsible or liable for any Content, advertising, or other materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any Content, products, services, features or materials available through a third-party website or Internet resource.
If you link to our Site, you agree, pursuant to these Terms, to remove and/or disable such link should we so demand.
You agree to defend, indemnify, and hold Companyand its affiliates, partners, employees, agents and subsidiaries, harmless from all liabilities, claims, and expenses, including attorney’s fees, that might arise from your use or misuse of the Site or the Content, or by your conduct that would constitute a breach of any of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
The entire content of the Site, including but not limited to text, graphics, data, user interfaces, visual interfaces, photographs, trademarks, logo designs, sounds, music, artwork, graphics, other original works, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is protected by U.S. and international copyright, trademark and other intellectual property laws and is owned, controlled, or licensed by or to Company. Your use of the Site does not grant you any ownership rights to the Site or any of the Content.
The Site and its Content, except for those aspects which may be in the public domain, are protected from unauthorized copying and dissemination by United States and international laws and conventions, including those relating to copyright, trademark, trade dress, unfair competition, and intellectual property.
BANDANA’S®, BANDANA’S BAR-B-Q®, BANDANA’S BAR-B-Q SMELL THAT SMOKE®, BANDANA’S BAR-B-Q SMELL THAT SMOKE (and Design)® and SMELL THAT SMOKE® are federally registered trademarks owned by Company. All trademarks, service marks, logo designs, taglines, copyrightable works and trade dress on the Siteare owned, controlled or licensed by Company or are the property of their respective owners. You agree not to reproduce, imitate, alter, display, distribute or use such intellectual property, in whole or in part, in any manner, without the prior written permission of Company.
Subject to your compliance with these Terms, Companygrants you a limited, non-exclusive license to access and use portions of the Site, provided that your access and use is lawful and non-commercial and that you do not: reproduce, distribute or use Content without proper authorization; change or delete any proprietary notices from downloaded or printed materials; copy or post Content on any networked computer or device; broadcast it in any media, including social media; or make any representations or warranties relating to such Content.
Other than this limited permission, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute, in any way (including “mirroring”) to any other computer, server, device, website, medium or commercial enterprise, any part of the Site or any Content without our express prior written consent.
Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or the Content except as permitted or consented by these Terms.
Digital Millennium Copyright Act Notice
Company respects the intellectual property rights of others and users of the Site are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.
If you believe our Site (or any portion of it) infringes your copyright, please provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed;
- A description of the copyrighted work that you believe has been infringed;
- The location on the Site of this allegedly infringing material;
- Your address, telephone number and email address and any other pertinent information sufficient to allow us to contact you;
- 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 are authorized to act on the copyright owner’s behalf.
Notices of claimed copyright infringement should include “Notice of Infringement” in the subject line and be directed to:
Attn: Copyright Agent
16141 Swingley Ridge Road, Suite 205
Chesterfield, MO 63017, USA
Or by email:email@example.com(Attn: Copyright Agent)
THE SITE AND ITS CONTENT ARE FOR GENERAL INFORMATION ONLY AND PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITE WILL BE APPARENT OR CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE OR ITS CONTENT AND OF ANY ACCESS TO OR USE OF THE SITE AND ITS CONTENT.
WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ITS CONTENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES OR SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim is subject to the Limitation of Liability set forth above.
Governing Law and Jurisdiction
These Terms and the resolution of any dispute related to these Terms, the Site, or the Content, will be governed by and construed according to the laws of the State of Missouri, without regard to its conflicts of laws principles. Any action to enforce these Terms or a matter or dispute arising out of the Site or Content will be held in and subject to the exclusive jurisdiction and venue of the federal and state courts located inSt. Louis, Missouri.
Any failure by Company to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right held by Company.
If any of these Terms are deemed invalid, void, or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.
You may not assign or transfer your rights or obligations under these Terms, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. Company may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Effective Date: June 1, 2020