Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at 4rivers-bbq.rest (the "Site") or any services offered by 4 Rivers BBQ ("Company," "we," "us," or "our"). By accessing or using our Site and services, you agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately cease use of this Site and our services.

1. Acceptance of Terms

By visiting, browsing, or otherwise using the Site at 4rivers-bbq.rest, placing an order, making a reservation, or engaging with any content or service we provide, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding contract between you ("User," "you," or "your") and 4 Rivers BBQ.

You represent and warrant that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, and that you possess the legal authority to enter into this Agreement. If you are accessing the Site on behalf of a business entity or organization, you further represent that you have the authority to bind such entity to these Terms, and the term "you" shall refer to both you individually and that entity.

We reserve the right to modify these Terms at any time. Continued use of the Site or our services following the posting of updated Terms constitutes your acceptance of such changes. You are encouraged to review these Terms periodically.

2. Description of Services

4 Rivers BBQ is a food and dining establishment operating in the United States. Through our website at 4rivers-bbq.rest, we offer the following services:

• Online Menu Browsing: Users may view our full menu offerings, including descriptions, pricing, and nutritional information where available.
• Online Ordering: We may provide the ability to place food orders for pickup or delivery directly through our Site or through affiliated third-party platforms.
• Catering Services: We offer catering inquiries and bookings for events, corporate functions, and private gatherings.
• Reservations: Where applicable, users may request reservations for dine-in experiences at our location(s).
• Loyalty and Promotional Programs: We may offer rewards programs, discount codes, promotions, and special event announcements to registered users and subscribers.
• Contact and Customer Support: Users may contact us via email at [email protected] for inquiries, feedback, complaints, or general support.
• Informational Content: We publish content including blog posts, food-related articles, event announcements, and company news.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you. The availability of specific services may vary by location or time.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a user of our Site and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or making a reservation.
• Maintain the confidentiality of any account credentials, passwords, or access information associated with your account.
• Promptly notify us of any unauthorized use of your account or breach of security.
• Use the Site and services solely for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, and federal laws and regulations of the United States.
• Respect the intellectual property rights of 4 Rivers BBQ and third parties.

3.2 Prohibited Activities

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

• Fraudulent Conduct: Placing fraudulent orders, providing false payment information, or engaging in any deceptive or misleading conduct.
• Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site.
• Data Scraping: Using automated tools, bots, scrapers, spiders, or any other technology to extract data from the Site without our prior written consent.
• Harmful Content: Transmitting or uploading any content that is defamatory, obscene, threatening, harassing, abusive, or otherwise objectionable.
• Malicious Code: Introducing viruses, Trojan horses, malware, ransomware, or any other harmful or disruptive code to the Site.
• Interference: Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that interferes with the proper working of the Site.
• Impersonation: Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity.
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise discover the source code of the Site or any underlying software.
• Commercial Exploitation: Using our Site or content for any unauthorized commercial purpose, including reselling, sublicensing, or redistributing content without express written permission.
• Harassment: Harassing, intimidating, or threatening our employees, staff, agents, or other users.
• Circumvention: Bypassing or attempting to bypass any technological measures we employ to restrict access to the Site or certain features thereof.
• Violation of Law: Using the Site in any manner that violates applicable federal, state, or local laws, including consumer protection laws enforced by the Federal Trade Commission (FTC).

Violation of these prohibitions may result in immediate termination of your access to our Site and services, and may expose you to civil and/or criminal liability under applicable law.

4. Intellectual Property Rights

4.1 Ownership

All content published and made available on 4rivers-bbq.rest, including but not limited to text, graphics, logos, photographs, menu designs, audio clips, digital downloads, data compilations, and software, is the property of 4 Rivers BBQ or its content suppliers and is protected by United States copyright law, trademark law, and other applicable intellectual property laws and international treaties.

4.2 Trademarks

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

4.3 License to Use

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

• Any resale or commercial use of the Site or its content.
• Any collection and use of product listings, descriptions, or prices.
• Any derivative use of the Site or its content.
• Any downloading or copying of account information for the benefit of another merchant or third party.

4.4 User-Submitted Content

If you submit reviews, comments, feedback, photographs, or other content to us ("User Content"), you grant 4 Rivers BBQ a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or control all rights in and to the User Content, and that use of your User Content will not infringe or violate the rights of any third party.

5. Payment Terms

5.1 Pricing

All prices listed on our Site are displayed in United States Dollars (USD) and are subject to change without prior notice. We reserve the right to modify menu prices, catering rates, and delivery fees at any time. Applicable taxes will be added to your order total as required by law.

5.2 Payment Methods

We accept payment via major credit cards, debit cards, and other payment methods as indicated at checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

5.3 Order Confirmation

Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right to accept or decline any order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraudulent activity. If we decline your order after charging your payment method, we will issue a full refund.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. Refunds or credits may be issued at our sole discretion in cases of verifiable errors, food safety concerns, or significant quality issues. Catering orders may be subject to separate cancellation and refund policies communicated at the time of booking. Please contact us at [email protected] with any concerns.

5.5 Promotional Offers and Discount Codes

Promotional offers, discount codes, and coupons are subject to specific terms and expiration dates as communicated at the time of issuance. They cannot be combined with other offers unless expressly stated, and are not redeemable for cash. We reserve the right to modify or revoke promotions at any time.

6. Food Allergies and Dietary Information

4 Rivers BBQ takes food safety seriously. However, we cannot guarantee that any item on our menu is free from allergens, including but not limited to peanuts, tree nuts, milk, eggs, wheat, soy, fish, and shellfish. Our food is prepared in kitchens where allergens are present. If you have a food allergy or dietary restriction, it is your responsibility to notify our staff prior to ordering. We are not liable for allergic reactions or dietary concerns resulting from consumption of our products. Please contact us directly at [email protected] for detailed allergen information.

7. Disclaimers and "As-Is" Basis

7.1 General Disclaimer

THE SITE AND ALL CONTENT, SERVICES, PRODUCTS, AND INFORMATION MADE AVAILABLE THROUGH THE SITE 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.

7.2 No Warranty of Accuracy

We do not warrant that the information on this Site is accurate, complete, reliable, current, or error-free. Menu items, prices, hours of operation, and other details are subject to change without notice. While we make reasonable efforts to keep the Site updated, we do not guarantee that the content is free from inaccuracies.

7.3 Third-Party Links

Our Site may contain links to third-party websites, services, or platforms (such as delivery aggregators or social media platforms). These links are provided for your convenience only. We have no control over the content or practices of those sites and accept no responsibility for them or for any loss or damage that may arise from your use thereof. The inclusion of any link does not imply our endorsement of the linked site.

7.4 Service Availability

We do not warrant that the Site will be available at all times, uninterrupted, secure, or free of errors. We may experience downtime for maintenance, upgrades, or reasons beyond our control. We shall not be liable for any damages or losses resulting from such interruptions.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL 4 RIVERS BBQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• DAMAGES ARISING FROM BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL MATERIAL TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY;
• DAMAGES ARISING FROM ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION;

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

IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO 4 RIVERS BBQ IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

9. Indemnification

You agree to defend, indemnify, and hold harmless 4 Rivers BBQ, its officers, directors, employees, agents, licensors, contractors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and 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 a manner not authorized by these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any User Content you submit, post, transmit, or otherwise make available through the Site;
• Your negligence, willful misconduct, or fraud.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which 4 Rivers BBQ is incorporated or primarily operates, without regard to conflict of law principles.

Subject to the dispute resolution provisions set forth in Section 11, you agree to submit to the personal jurisdiction of the federal and state courts located within the applicable United States jurisdiction for the resolution of any disputes not subject to arbitration. You waive any objection to such jurisdiction and venue, including any objection based on inconvenient forum.

These Terms and your use of the Site are also subject to applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices in commerce. Where you are a resident of California, applicable provisions of the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) may apply to the collection and processing of your personal information, as further described in our Privacy Policy.

11. Dispute Resolution

11.1 Informal Resolution

In the event of any dispute, claim, or controversy between you and 4 Rivers BBQ arising out of or relating to these Terms or the use of our Site and services, the parties agree to first attempt to resolve the dispute informally by contacting us at [email protected]. You agree to provide written notice of the dispute, and we will attempt to resolve the matter within thirty (30) days of receipt. Many concerns can be resolved quickly and to your satisfaction through this process.

11.2 Binding Arbitration

If informal resolution fails, you and 4 Rivers BBQ agree that any dispute, claim, or controversy (excluding claims for injunctive or equitable relief to protect intellectual property rights) shall be resolved by binding arbitration administered by a recognized arbitration body such as the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, rather than in a court of law. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

11.3 Class Action Waiver

YOU AND 4 RIVERS BBQ AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of the arbitration provision shall be null and void.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency or preliminary injunctive relief from a court of competent jurisdiction in order to prevent irreparable harm pending arbitration. Nothing in this Section shall prevent either party from seeking relief in small claims court for disputes within the jurisdictional limits of such court.

12. Term and Termination

12.1 Term

These Terms of Service shall remain in full force and effect for as long as you access or use the Site or our services. Certain provisions of these Terms, by their nature, shall survive termination, including but not limited to intellectual property rights, indemnification, disclaimers, and limitations of liability.

12.2 Termination by Us

We reserve the right, in our sole discretion, to suspend or terminate your access to the Site and services at any time, with or without cause and with or without notice, including but not limited to cases where:

• You have breached any provision of these Terms;
• We are required to do so by law;
• We decide to discontinue or materially change the Site or services;
• You engage in conduct that we determine to be harmful, disruptive, or abusive.

12.3 Termination by You

You may discontinue your use of our Site and services at any time. If you have created an account, you may request deletion of your account by contacting us at [email protected]. Termination of your account does not relieve you of obligations already incurred prior to termination.

12.4 Effect of Termination

Upon termination, your right to access and use the Site and services shall immediately cease. Any provisions of these Terms that, by their nature, should survive termination shall continue to apply following termination.

13. Changes to Terms

4 Rivers BBQ reserves the right to modify, update, or replace these Terms of Service at any time and at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. In certain cases, we may also notify you via email or by displaying a prominent notice on our Site.

Your continued access to or use of the Site and services after the effective date of any revised Terms constitutes your binding acceptance of such changes. If you do not agree to the revised Terms, you must immediately stop using the Site and services. We encourage you to review these Terms periodically to stay informed of any updates.

14. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. The modification or deletion of any provision shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect. The parties intend that the remaining provisions of these Terms shall be given their full intended legal effect.

15. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by 4 Rivers BBQ on the Site, constitute the entire agreement between you and 4 Rivers BBQ with respect to your use of the Site and services, and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral, regarding such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

16. Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. The waiver of any such right or provision shall be effective only if in writing and signed by a duly authorized representative of 4 Rivers BBQ. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

17. Electronic Communications and Notices

By using our Site and services, you consent to receive communications from 4 Rivers BBQ electronically, including via email or notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notices to us should be sent via email to [email protected] and will be deemed effective upon receipt of our written acknowledgment.

18. Force Majeure

4 Rivers BBQ shall not be liable or responsible to you, nor be deemed to have breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including but not limited to: acts of God, flood, fire, earthquake, epidemic, pandemic, governmental orders or actions, acts of war or terrorism, labor disputes or shortages, supply chain disruptions, or failures of third-party service providers. In such circumstances, we will use commercially reasonable efforts to resume normal operations as soon as reasonably practicable.

19. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us for any reason, please reach out to us using the information below: