Terms of Use - Sonny's BBQ

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SONNY’S FRANCHISE COMPANY, A FLORIDA CORPORATION (“Sonny’s), “we,” “us” and “our”). These Terms of Use (“Terms of Use”) are entered into by and between you and Sonny’s and govern your use the Sonny’s website on which they appear, including any content, functionality, products and services offered therein (collectively, this “Site”). By using and accessing this Site, you agree to these Terms of Use (“Terms of Use”). Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and our Privacy Policy, you must immediately log off the Site and may not use the Site.

COLLECTION OF VISITOR INFORMATION ON THIS SITE

Any information collected at this Site and the purposes for which we may use this information are set forth in our Privacy Policy. The terms of our Privacy Policy are incorporated herein by this reference. Please carefully review the information contained in our Privacy Policy. By using this Site, you agree to waive and release us from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of our Privacy Policy.

COPYRIGHT

All content, software, and technology included on this Site or used in the operation of this Site is our owned or licensed property or our content, software, and technology suppliers, and is protected by U.S. and international copyright laws. In addition, the compilation (meaning the collection, arrangement, and assembly) of all content on this Site is our exclusive property and is protected by U.S. and international copyright laws. We grant you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on this Site is strictly prohibited without our written permission.

TRADEMARKS

The following is a non-exhaustive list of registered trademarks owned by us that are used on this Site: Sonny’s®; Sonny’s Bar B Q®; Sonny’s BBQ®; Sonny’s Real Pit Bar-B-Q®; Sonny’s Pitmaster®; Random Act of BBQ®; Sonny’s Sweet Bar-B-Q Sauce®; Sonny’s Smokin’ Bar-B-Q Sauce®; Pork 3 Ways®; and Red Neck Egg Rolls®. All other trademarks used on this Site, including, but not limited to, other trademarks that may be owned by us, are the property of their respective owners. Nothing on this Site shall be construed as granting any license or right to use any trademark displayed on this Site without the prior written permission of the trademark owner.

OTHER INTELLECTUAL PROPERTY

All other intellectual property rights related to the content, software, and technology included on this Site or used in the operation of this Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Sonny’s. Any use of these rights without our prior written permission is strictly prohibited.

OBLIGATIONS OF SITE VISITORS

You agree not to do any of the following while visiting or using the Site or any services provided by or through the Site:

Restrict or inhibit any other user from using and enjoying the Site;
Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or falsely indicate that you are an employee or representative of Sonny’s or any of our licensees or franchisees;
Post or transmit unlawful, offensive, threatening, abusive, harassing, tortious, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity;
Use the Site for any activity that is unlawful, harmful, threatening, abusive, harassing, stalking, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or that could otherwise be objectionable;
Post or transmit any information or software containing a virus, malware, Trojan horse, worm or other harmful component;
Use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without our prior written permission;
Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters” or any other form of solicitation on the Site or through the Site;
Post, upload or transmit any material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other intellectual property and/or proprietary rights;
Post or transmit material that encourages or provides instructional information about illegal activities, in particular hacking, cracking or distribution of counterfeit software;
Solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
Violate any applicable law or regulation;
Access or use password protected, secure or non-public areas of the Site without authorization;
Frame, repackage, or otherwise re-distribute any portion of the Site; or
Use the Site, or any services provided through the Site, to collect personally identifying information about users of the Site or conduct any activity in violation of Sour Privacy Policy.

We may terminate your access to the Site at any time for any reason or no reason, including, but not limited to, as a result of your violation or threatened violation of any of the obligations described above, in our sole and absolute discretion. We will not be liable to you or any third party as a result of such termination. These Terms of Use will survive any such termination.

SUBMISSIONS

All comments, suggestions, ideas, recipes, and similar information or materials communicated to us through this Site (together, the “Submissions”) will forever be our property. We will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature everywhere. You hereby transfer, sell, and assign to us all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, moral rights, trademark, and other intellectual property rights. We have no obligation to maintain any confidentiality with respect to any such Submissions. We shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

Certain types of Submissions to us through the Site, such as for the Q the Kindness campaign or Random Acts of BBQ, are subject to our User Generated Content Terms of Use. If there is any conflict between these Terms of Use and our User Generated Content Terms of Use, the terms of the User Generated Content Terms of Use will control for that specific Submission.

ACCURACY

Information on this Site may contain typographical errors, inaccuracies, or omissions. We reserve the right to: (i) discontinue the sale of any products listed on this Site at any time without notice to you; and (ii) correct any errors, inaccuracies, or omissions and to change or update information at any time without notice to you. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order.

PAYMENT

You authorize us and any payment processing service provider we may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of this Site. You represent and warrant that you are the only one who will make payments in connection with this Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to us are nonrefundable.

PRODUCT ORDERS

The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. All orders through this Site may subject to additional terms of sale.

RISK OF LOSS

All items purchased from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

ACCEPTANCE OF ORDERS

The receipt of an order confirmation does not guarantee the acceptance of an order, nor does it constitute confirmation of our or our franchisee’s offer to sell. We and our franchisees reserve the right at any time to limit the quantity of items ordered and/or refuse to sell to any customer.

RETURNS POLICY

All returns must be authorized in advance. Please call us at 407-660-8888 if you feel a return is necessary. Any refunds will be provided as a credit to the credit card or other payment method used at the time of purchase.

DISCLAIMER

THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THIS SITE, OR USAGE OF THIS SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT MESSAGES OR REQUESTS WILL BE DELIVERED OR RECEIVED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF, THIS SITE OR THE INFORMATION ON THIS SITE RELATED TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THIS SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THIS SITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OR ANY OF OUR AFFILIATES, LICENSEES, FRANCHISEES, OWNERS, OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE OR INFORMATION CONTAINED ON ANY OR ALL SUCH SITES, OR THE PRODUCTS OR SERVICES OFFERED ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Under no circumstances whatsoever shall we or any of our affiliates’, licensees’, franchisees’, owners’, or agents’ aggregate liability resulting from or relating to your use of this Site exceed Five United States Dollars (USD $5.00).

THIRD-PARTY WEBSITES AND FUNCTIONALITY

This Site may contain links to external sites. Additionally, other websites may contain links to this Site. We do not review or monitor the websites linked to this Site and we are not responsible for the content or policies of any other websites. Any link established by us does not constitute an endorsement of the other website or create a relationship between us and the operators of other websites. We disclaim any liability with respect to your use of any other website, and you release us from any liability related to your use of any link to another website or your use of any other website. Where this Site contains a link to another website owned and/or operated by us, such website use may be subject to different and additional terms of use and privacy policy terms and conditions. We are not responsible for, and has no control over, the external sites.

We may have functionality in the Site that is provided, in whole or in part, by a third-party service provider. You can usually identify such third-party functionality by the use of a trademark not owned by us on or near the functionality. For such ‎third-party functionality, you will need to review the terms of use and privacy policy for ‎that third party, which in some cases may require you to visit that party’s website and ‎locate the terms of use and privacy policy. Your review should include determining ‎whether such terms and policy are acceptable to you. If they are not, do not use the ‎associated functionality on this Site.‎

YOUR ACCOUNT

If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We have the right, without notice and in our sole discretion, to suspend or terminate your access to the Site and to refuse or restrict access or service, terminate accounts, and to remove or edit content on the Site.

CONTINUED OPERATION, ACCESSIBILITY, AND MAINTENANCE OF THIS SITE

We may modify, change, suspend, terminate or discontinue the operation of part or all of this Site without notice to you and we reserve the right to refuse service to anyone at any time, with or without cause.

JURISDICTIONAL RESTRICTIONS

Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.

COPYRIGHT AGENT INFORMATION

We respects the intellectual property rights of others, and requires that the people who use this Site do the same. If you believe that your work appears on this Site or another website we operate and has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide a notice containing the following information to the Copyright Agent named below:

Your address, telephone number, and email address;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the alleged infringing material is located on this Site or another website we operates, with enough detail that we may find it;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright or intellectual property owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and
A statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

It is our policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of others.

INDEMNIFICATION

You agree to indemnify, defend, and hold us and our franchisees and their respective successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that we incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

MISCELLANEOUS

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation. These Terms of Use shall be governed by the laws of the State of Florida, USA, without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with us, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts located in Orange County, State of Florida, USA (the “Florida Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Florida Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Florida Courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. Possible evidence of use of this Site for illegal purposes may be provided to law enforcement authorities.

CHANGES

We may revise these Terms of Use at any time without providing notice by posting updates to these Terms of Use on the Site. Any use of this Site following the date on which changes to these Terms of Use are published on this Site shall constitute your acceptance of all such changes. You expressly agree that we shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use.

Last updated February 18, 2021

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