Terms of Service

Please read these Terms of Service carefully before using the website located at bbq-4rivers.rest or any services offered by 4 Rivers BBQ. By accessing or using our website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and 4 Rivers BBQ ("Company," "we," "us," or "our"), governing your access to and use of the website bbq-4rivers.rest (the "Site") and all related services, products, content, features, and functionality offered by the Company (collectively, the "Services").

By using this Site, you represent and warrant that:

• You are at least 18 years of age, or if you are between 13 and 17 years of age, you are using the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms;
• You have the legal capacity and authority to enter into a binding agreement;
• You will comply with all applicable local, state, federal, and international laws, regulations, and ordinances in connection with your use of the Services;
• All information you provide to us is accurate, current, and complete.

These Terms apply to all visitors, users, customers, and others who access or use the Services. Your continued use of the Site after any modification to these Terms constitutes your acceptance of the revised Terms.

2. Description of Services

4 Rivers BBQ is a food service business operating in the United States, offering customers access to information about our menu, the ability to place food orders online or through our platform, arrange for pickup or delivery services, make reservations, participate in promotions, and otherwise engage with our brand and culinary offerings.

Our Services include, but are not limited to:

• Online Menu Access: Browsing our current menu offerings, including food items, beverages, seasonal specials, pricing, and nutritional information where available;
• Online Ordering: Placing orders for food and beverages directly through the Site for pickup or delivery, subject to availability and geographic limitations;
• Reservations: Scheduling dine-in reservations at participating locations;
• Catering Services: Requesting catering quotes and booking catering for events, corporate functions, or private gatherings;
• Loyalty and Promotions: Participating in loyalty programs, promotional offers, discount codes, and special events organized by the Company;
• Customer Communication: Contacting us via email, phone, or web forms for inquiries, feedback, or customer support;
• Gift Cards: Purchasing and redeeming digital or physical gift cards where offered;
• General Information: Accessing information about our locations, hours of operation, and Company news.

We reserve the right to modify, suspend, discontinue, or restrict any aspect of our Services at any time, with or without notice, without liability to you or any third party. We do not guarantee that the Services, or any portion thereof, will always be available, uninterrupted, or error-free.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Services, you agree to:

• Provide accurate, truthful, and complete information when creating accounts, placing orders, or communicating with us;
• Maintain the security and confidentiality of any account credentials, passwords, or login information associated with your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other security breach;
• Use the Services solely for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations, including but not limited to the Federal Trade Commission Act ("FTC Act"), applicable consumer protection laws, and any food and beverage regulations;
• Respect the intellectual property rights of the Company and third parties.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Using the Site or Services for any unlawful purpose or in violation of any local, state, federal, or international law or regulation;
• Attempting to gain unauthorized access to any portion or feature of the Site, other accounts, computer systems, or networks connected to the Site;
• Engaging in any form of data mining, scraping, crawling, or harvesting of content, data, or information from the Site without express written permission from the Company;
• Transmitting any unsolicited or unauthorized advertising, promotional materials, spam, or chain letters through the Site;
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity;
• Interfering with or disrupting the integrity or performance of the Site or the data contained therein;
• Using any robot, spider, script, or other automated means to access the Site for any purpose without our express written permission;
• Introducing viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material;
• Attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
• Using the Services to engage in any fraudulent conduct, including placing false or fictitious orders, using stolen payment information, or making chargebacks in bad faith;
• Posting, uploading, or transmitting any content that is defamatory, obscene, abusive, threatening, harassing, or otherwise objectionable;
• Circumventing or manipulating any pricing, promotional codes, or discount systems for unauthorized gain;
• Reselling or commercially exploiting any portion of our Services without prior written authorization from the Company.

We reserve the right to terminate or suspend your access to the Services immediately, without prior notice or liability, if we determine, in our sole discretion, that you have violated any provision of these Terms or engaged in any prohibited activity.

4. Intellectual Property Rights

4.1 Ownership

The Site and all of its contents, features, and functionality — including but not limited to all text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, recipes, menu designs, branding elements, trade dress, trademarks, and service marks — are owned by 4 Rivers BBQ, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial purposes. This license does not include:

• Any resale or commercial use of the Site or its contents;
• Any collection and use of any product listings, descriptions, or prices;
• Any derivative use of the Site or its contents;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

4.3 Trademarks

The name "4 Rivers BBQ," the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

4.4 User-Submitted Content

If you submit, post, or otherwise make available any content, feedback, reviews, suggestions, or materials to us through the Site ("User Content"), you grant 4 Rivers BBQ a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that User Content in connection with the Services and the Company's business. You represent and warrant that you own or have the necessary rights to grant this license, and that your User Content does not violate the rights of any third party.

5. Payment Terms

5.1 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. We reserve the right to modify, discontinue, or change prices for any product or service at any time. Applicable sales taxes, delivery fees, service charges, and gratuities may be added to your order total and will be displayed prior to completing your purchase.

5.2 Payment Methods

We accept various payment methods as displayed on the Site at the time of checkout. By submitting an order, you authorize us to charge the payment method you provide for the total amount of your order, including all applicable taxes and fees. You represent and warrant that you are authorized to use the payment method provided.

5.3 Order Confirmation

Your order is not confirmed until you receive a written confirmation from us via email or through the platform. We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to product availability, suspected fraud, errors in pricing or product information, or restrictions on quantities.

5.4 Refund and Cancellation Policy

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience an issue with your order — such as receiving incorrect items, missing items, or food quality concerns — please contact us within a reasonable time at [email protected] and we will evaluate your concern on a case-by-case basis. Refunds or credits, where applicable, are issued at the sole discretion of the Company. Catering orders may be subject to separate cancellation policies disclosed at the time of booking.

5.5 Promotional Codes and Offers

Promotional codes, coupons, and discounts are subject to the specific terms and conditions associated with each promotion. We reserve the right to discontinue or modify any promotional offer at any time. Promotional codes may not be combined with other offers unless expressly stated. Misuse of promotional codes may result in cancellation of your order and/or termination of your account.

6. Disclaimers and As-Is Basis

6.1 General Disclaimers

THE SITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 4 RIVERS BBQ EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Warranty of Accuracy

While we strive to ensure that information on the Site is accurate and current, we make no representations or warranties regarding the accuracy, completeness, reliability, suitability, or availability of any information, products, services, or related graphics on the Site. Menu items, prices, ingredients, allergen information, and availability are subject to change without notice and may vary by location.

6.3 Allergen and Dietary Information

We make every reasonable effort to provide accurate allergen and dietary information. However, our food products are prepared in facilities where common allergens may be present. We cannot guarantee that any menu item is completely free from allergens. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order. 4 Rivers BBQ disclaims all liability for any adverse reactions or health consequences resulting from consumption of our food products.

6.4 Third-Party Services

The Site may contain links to third-party websites, services, or platforms (such as delivery partners, payment processors, or social media platforms). These links are provided for your convenience only. We have no control over the content of those sites and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. Accessing any third-party site is at your own risk.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 4 RIVERS BBQ, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business;
• Loss of data or goodwill;
• Cost of substitute goods or services;
• Personal injury or property damage of any nature;
• Any unauthorized access to or use of our servers or personal information stored therein;
• Any interruption or cessation of transmission to or from the Site;
• Any bugs, viruses, Trojan horses, or the like transmitted through the Site by any third party;
• Any errors or omissions in any content, or any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Site.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, THE AGGREGATE LIABILITY OF 4 RIVERS BBQ FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you in its entirety. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

8. Indemnification

You agree to defend, indemnify, and hold harmless 4 Rivers BBQ, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Site or Services in any manner not authorized by these Terms;
• Your violation of any applicable law, regulation, or the rights of any third party, including but not limited to intellectual property rights, privacy rights, or consumer protection laws;
• Any User Content you submit, post, or otherwise make available through the Site;
• Your negligent or wrongful conduct;
• Any misrepresentation made by you in connection with the use of the Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of 4 Rivers BBQ.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which 4 Rivers BBQ is principally located, without regard to its conflict of law provisions.

These Terms are subject to applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and any applicable state consumer protection statutes. If you are a California resident, your use of the Services may also be subject to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as well as other applicable California consumer protection laws.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services that is not subject to mandatory arbitration as set forth below shall be instituted exclusively in the federal courts of the United States or the state courts located in the state where 4 Rivers BBQ maintains its principal place of business. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact 4 Rivers BBQ at [email protected] and attempt to resolve any dispute informally. We will attempt to resolve your concern within thirty (30) days of receiving your written notice. If we are unable to resolve the dispute informally within that period, either party may proceed to formal dispute resolution as set forth below.

10.2 Binding Arbitration

Except for claims that qualify for small claims court, any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof, shall be settled by binding arbitration administered by a nationally recognized arbitration organization in accordance with its then-current commercial arbitration rules. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. The Company may also bring claims in small claims court for matters within that court's jurisdiction.

11. Term and Termination

11.1 Term

These Terms of Service shall remain in full force and effect while you use the Site or Services. You may terminate these Terms at any time by discontinuing use of the Site and all Services.

11.2 Termination by the Company

We may terminate or suspend your access to all or part of the Site and Services at our sole discretion, without notice or liability, for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Your engagement in fraudulent, abusive, or illegal conduct;
• Requests by law enforcement or other government agencies;
• Unexpected technical or security issues;
• Extended periods of inactivity;
• Discontinuation or material modification of the Services.

11.3 Effect of Termination

Upon termination, your right to access and use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, dispute resolution provisions, and general provisions.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify, update, or replace any part of these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page. We may also provide notice of material changes via email or through a prominent notice on the Site.

Your continued use of the Site or Services after any changes to these Terms are posted constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any changes. If you do not agree to the modified Terms, you must stop using the Services immediately.

We encourage you to review these Terms each time you visit the Site to ensure you understand the terms and conditions that apply to your use of the Services.

13. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with any applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be deemed severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired by such invalidity, illegality, or unenforceability.

The failure of 4 Rivers BBQ to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision unless acknowledged and agreed to by us in writing. A waiver of any term or provision on one occasion shall not be construed as a waiver of that term or provision on any other occasion or as a waiver of any other term or provision of these Terms.

14. Additional Legal Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by the Company on the Site, constitute the entire agreement between you and 4 Rivers BBQ concerning your use of the Site and Services and supersede all prior agreements, understandings, representations, and negotiations, whether oral or written, between the parties with respect to its subject matter.

14.2 No Agency

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms or your use of the Services.

14.3 Force Majeure

The Company shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or public health emergencies, fire, war, terrorism, labor disputes, governmental actions, supply chain disruptions, power outages, internet service interruptions, or other circumstances beyond our reasonable control.

14.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of the Company. The Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective permitted successors and assigns.

14.5 Headings

The section headings used in these Terms are for convenience of reference only and have no legal effect. They shall not affect the interpretation of any provision of these Terms.

14.6 Electronic Communications

By using the Site and Services, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or on the Site, satisfy any legal requirement that such communications be in writing.

15. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or your use of our Services, please do not hesitate to contact us using the information below. We are committed to addressing your inquiries promptly and professionally.