Terms of Service

Please read these Terms of Service carefully before using the website located at 4rsmokehouse-bbq.click (the "Website") or any services offered by 4 Rivers Smokehouse BBQ ("Company," "we," "us," or "our"). These Terms of Service constitute a legally binding agreement between you and 4 Rivers Smokehouse BBQ.

1. Acceptance of Terms

By accessing or using the Website located at 4rsmokehouse-bbq.click, placing an order, making a reservation, subscribing to any service, or otherwise interacting with our digital or physical food service offerings, you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference.

If you do not agree to all of the terms and conditions set forth in this agreement, you are expressly prohibited from using the Website and must discontinue use immediately. Your continued use of the Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

You represent and warrant that you are at least eighteen (18) years of age, or the age of majority in your jurisdiction, and that you have the legal capacity to enter into a binding contract. If you are accessing or using the Website on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms of Service.

4 Rivers Smokehouse BBQ reserves the right to refuse service to any person or entity, at any time, for any reason or no reason, consistent with applicable law.

2. Description of Services

4 Rivers Smokehouse BBQ is a food service business operating within the United States. Through our Website and related operations, we offer the following services and functions:

2.1 Food and Beverage Services

We provide authentic barbecue and smoked food products, including but not limited to smoked meats, side dishes, sauces, catering services, and related food and beverage items. Our menu offerings are subject to change at any time without prior notice based on seasonal availability, supply chain considerations, or operational decisions.

2.2 Online Ordering

The Website may provide functionality for users to place orders for pickup, delivery, or catering services. Orders placed through the Website are subject to availability. 4 Rivers Smokehouse BBQ reserves the right to cancel or modify any order due to ingredient unavailability, technical errors, or other operational limitations, with prompt notification provided to the customer.

2.3 Catering and Event Services

We may offer catering services for private events, corporate functions, and other gatherings. Catering engagements are governed by separate catering agreements and service contracts, which supplement and are incorporated into these Terms of Service. In the event of a conflict between a catering contract and these Terms, the catering contract shall govern with respect to that specific engagement.

2.4 Informational Content

The Website provides general information about our menu, locations, hours of operation, nutritional information, promotional offers, and other food-related content. This content is provided for informational purposes only and does not constitute professional dietary, nutritional, or medical advice.

2.5 Loyalty Programs and Promotions

From time to time, we may offer loyalty programs, special promotions, discount codes, or referral programs. Such programs are governed by their own specific terms and conditions, which are incorporated herein. We reserve the right to modify, suspend, or discontinue any promotional program at any time without liability.

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 or any third party.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using the Website and services, you agree to:

• Provide accurate, current, and complete information when registering an account, placing orders, or contacting us;
• Maintain the confidentiality of your account credentials and promptly notify us of any unauthorized use;
• Use the Website only for lawful purposes and in a manner that does not infringe the rights of others;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Website;
• Treat all employees, staff, and representatives of 4 Rivers Smokehouse BBQ with respect and dignity;
• Accurately represent dietary restrictions, allergies, or special requirements when placing orders.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website for any fraudulent, deceptive, or unlawful purpose;
• Attempt to gain unauthorized access to any portion of the Website, our servers, or any systems or networks connected to the Website;
• Transmit any viruses, worms, malware, or other harmful or destructive code;
• Engage in any form of automated data collection, scraping, crawling, or harvesting of content from the Website without our express written consent;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Website;
• Use the Website to harass, threaten, intimidate, or harm any individual or entity;
• Post or transmit any content that is defamatory, obscene, offensive, or that violates the intellectual property rights of others;
• Impersonate any person or entity, including employees or representatives of 4 Rivers Smokehouse BBQ;
• Place fraudulent orders or engage in any activity that could impose an unreasonable or disproportionately large load on our infrastructure;
• Use any portion of the Website for commercial purposes without our express written authorization;
• Interfere with or disrupt the integrity or performance of the Website or the data contained therein;
• Circumvent any technological protection measures we employ;
• Violate any applicable law, regulation, or ordinance, including those governing food safety, consumer protection, and commerce.

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

4. Intellectual Property Rights

4.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, photographs, images, audio clips, video, data compilations, menu designs, recipes, trade names, trademarks, service marks, and software, is the exclusive property of 4 Rivers Smokehouse BBQ or its content suppliers and is protected by applicable United States and international intellectual property laws, including copyright, trademark, trade secret, and other proprietary rights.

4.2 Limited License

Subject to your compliance with these Terms of Service, 4 Rivers Smokehouse BBQ grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with our food services. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any Website content;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Download or copy account information for the benefit of another merchant;
• Use the Website or its content for any commercial purpose without our express written consent.

4.3 Trademarks

The name "4 Rivers Smokehouse BBQ," the Website domain 4rsmokehouse-bbq.click, associated logos, and all related product and service names, design marks, and slogans are trademarks or registered trademarks of 4 Rivers Smokehouse BBQ. You may not use any of our trademarks without our prior written consent. Nothing in these Terms grants you any right or license to use our trademarks.

4.4 User-Submitted Content

If you submit reviews, comments, photographs, feedback, suggestions, or other content to the Website or associated social media platforms ("User Content"), you grant 4 Rivers Smokehouse BBQ a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business and marketing activities. You represent and warrant that you own or have the necessary rights to submit such content and that it does not violate any third-party rights.

5. Payment Terms

5.1 Pricing

All prices listed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Prices displayed at the time of your order confirmation are the prices you will be charged. Menu prices at physical locations may differ from prices listed online, and the applicable price shall be communicated to you prior to completing your transaction.

5.2 Payment Methods

We accept major credit and debit cards, and may accept other payment methods as indicated on the Website at the time of transaction. By providing payment information, you represent and warrant that you are authorized to use the payment method and that all payment information you provide is accurate and complete.

5.3 Taxes

Applicable federal, state, and local sales taxes will be added to your order total as required by law. Tax rates may vary based on your location and the nature of the items purchased. You are responsible for all taxes associated with your purchase.

5.4 Order Confirmation

An order placed through the Website does not constitute a binding contract until we send you an order confirmation via email or other communication. We reserve the right to refuse or cancel any order, including confirmed orders, in the event of pricing errors, availability issues, suspected fraud, or other operational reasons. In such cases, any charges will be promptly refunded.

5.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. However, if you experience a quality issue, incorrect order, or other problem with your purchase, please contact us within twenty-four (24) hours of receipt at [email protected]. We will evaluate each situation on a case-by-case basis and may offer a replacement, store credit, or refund at our sole discretion. Catering cancellation policies are governed by your specific catering agreement.

5.6 Third-Party Payment Processors

We may use third-party payment processors to handle transactions. Your use of such services is subject to the terms and privacy policies of those processors. We are not responsible for the acts or omissions of any third-party payment processor.

6. Food Allergy and Dietary Disclaimer

4 Rivers Smokehouse BBQ takes food safety seriously; however, our kitchen handles common allergens including but not limited to peanuts, tree nuts, dairy, eggs, wheat/gluten, soy, fish, and shellfish. We cannot guarantee that any menu item is completely free from allergens due to the potential for cross-contamination during preparation and service.

If you have food allergies, sensitivities, or specific dietary requirements, you are strongly encouraged to notify us directly before placing your order and to consult with our staff regarding suitable menu options. By placing an order, you acknowledge that you have considered any known dietary restrictions and assume the risk associated with consuming our food products. 4 Rivers Smokehouse BBQ shall not be liable for adverse reactions resulting from undisclosed or unknown allergen sensitivities.

7. Disclaimers and "As-Is" Basis

7.1 Website and Content

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS MADE AVAILABLE THROUGH THE WEBSITE 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 SMOKEHOUSE BBQ EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 Accuracy of Information

We make reasonable efforts to ensure that information on the Website, including menu items, pricing, hours of operation, and nutritional data, is accurate and up to date. However, we do not warrant that such information is complete, accurate, reliable, or current. Menu items, ingredients, and pricing are subject to change without notice, and you should verify critical information, including allergen and nutritional information, directly with our staff.

7.3 Third-Party Links

The Website may contain links to third-party websites, applications, or services. Such links are provided for your convenience only and do not constitute an endorsement or recommendation. We have no control over the content or practices of third-party sites and assume no responsibility for their content, privacy policies, or operations. Your use of third-party websites is at your own risk.

7.4 Service Availability

We do not warrant that the Website will be available at all times, uninterrupted, error-free, or free from technical defects. We reserve the right to suspend or terminate Website access for maintenance, upgrades, security purposes, or for any other reason at our sole discretion, without liability to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 4 RIVERS SMOKEHOUSE BBQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, OUR SERVICES, OR FOOD PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO 4 RIVERS SMOKEHOUSE BBQ IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless 4 Rivers Smokehouse BBQ and its officers, directors, employees, contractors, agents, licensors, suppliers, and successors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of or inability to use the Website or our services;
• Your violation of these Terms of Service or any applicable law or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any User Content you submit, post, or transmit through the Website;
• Your fraudulent, negligent, or willful misconduct;
• Any claim arising from your undisclosed food allergies or dietary requirements.

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with our defense of such claims. You shall not settle any claim without our prior written consent.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which 4 Rivers Smokehouse BBQ is principally registered and operates, without regard to its conflict of law provisions. The Federal Arbitration Act, federal arbitration law, and the laws of the applicable state shall apply to any dispute arising under these Terms.

To the extent that any dispute is not subject to mandatory arbitration as described below, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the applicable state of our principal place of business for the resolution of any such dispute. You waive any objection to the exercise of jurisdiction over you by such courts and to the venue of such courts.

These Terms and your use of our services are also subject to applicable federal laws and regulations of the United States, including but not limited to the Federal Trade Commission Act (FTC Act), which governs consumer protection and unfair or deceptive acts and practices, and applicable food safety regulations administered by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA).

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] and provide a written description of the dispute, including your name, contact information, and a detailed description of the issue and the relief you are seeking. The parties shall use good faith efforts to resolve the dispute informally within thirty (30) days of receipt of such notice. If the dispute is not resolved within that period, either party may proceed with formal dispute resolution as described below.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court, the parties agree that any dispute, controversy, or claim arising out of or relating to these Terms of Service, the Website, or our services — including questions about the existence, validity, interpretation, breach, or termination of these Terms — shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or such other arbitration provider as mutually agreed upon. The arbitration shall take place in the United States, in the state where we are principally located, or via telephonic or video hearing as agreed. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AND 4 RIVERS SMOKEHOUSE BBQ EACH AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. Additionally, claims for unpaid amounts under One Thousand Dollars ($1,000.00 USD) may be brought in small claims court in the applicable jurisdiction.

12. Term and Termination

12.1 Term

These Terms of Service are effective as of the date first stated above and shall remain in full force and effect for as long as you access or use the Website or our services, unless earlier terminated in accordance with this section.

12.2 Termination by You

You may terminate your use of the Website and services at any time by ceasing all access and use of the Website and, if applicable, by closing your account. Termination of your account does not relieve you of any obligations incurred prior to termination, including any outstanding payment obligations.

12.3 Termination by Us

4 Rivers Smokehouse BBQ reserves the right to suspend or terminate your access to the Website and services, with or without notice, if we determine in our sole discretion that:

• You have violated any provision of these Terms of Service;
• Your use of the Website poses a risk to us, other users, or third parties;
• You have engaged in fraudulent, abusive, or illegal activity;
• Continued service provision is prohibited by applicable law or regulation;
• We have discontinued or substantially modified our services.

12.4 Effect of Termination

Upon termination for any reason, your right to use the Website and services shall immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification obligations, dispute resolution provisions, and the governing law clause.

13. Changes to Terms of Service

4 Rivers Smokehouse BBQ reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and, where feasible, provide additional notice, such as via email to registered users or a prominent notice on the Website homepage.

It is your responsibility to review these Terms periodically for any updates or changes. Your continued use of the Website or our services following the posting of any revised Terms constitutes your acceptance of such revisions. If you do not agree to the revised Terms, you must immediately cease using the Website and services.

Changes to these Terms shall not apply retroactively to disputes or events that arose prior to the effective date of the updated Terms, except as required by applicable law.

14. 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 enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

The parties agree that any court or arbitrator shall endeavor to give effect to the parties' intentions as reflected in the provision to the greatest extent possible, and that the remaining provisions of these Terms shall be construed consistently with such intentions.

15. Additional Legal Provisions

15.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements or policies expressly incorporated herein, constitute the entire agreement between you and 4 Rivers Smokehouse BBQ with respect to your use of the Website and services, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.

15.2 Waiver

No failure or delay by 4 Rivers Smokehouse BBQ in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. A waiver of any breach or default shall not be deemed a waiver of any subsequent breach or default.

15.3 Assignment

You may not assign or transfer your rights or obligations under these Terms of Service to any third party without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, or by operation of law, without your consent. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

15.4 Force Majeure

4 Rivers Smokehouse BBQ shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, supply chain disruptions, power failures, or internet outages. In such events, our obligations shall be suspended for the duration of the force majeure event.

15.5 No Third-Party Beneficiaries

These Terms of Service are for the sole benefit of the parties hereto and their respective permitted successors and assigns. Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

15.6 Electronic Communications

By using the Website and providing your email address, you consent to receive electronic communications from 4 Rivers Smokehouse BBQ, including order confirmations, promotional materials, policy updates, and other notices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

16. California Residents — Additional Rights

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to delete your personal information, and the right to opt out of the sale of your personal information. For more information about your California privacy rights, please refer to our Privacy Policy or contact us directly.

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: The Website is provided by 4 Rivers Smokehouse BBQ. If you have a complaint regarding the Website or services, please contact us using the information below. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.

17. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you need to provide notice to us in connection with any provision of these Terms, please contact us using the information below:

We will make reasonable efforts to respond to all legitimate inquiries within a reasonable period of time. For urgent matters related to food safety or health concerns, please contact the appropriate local health authorities in addition to reaching out to us.