Terms and Conditions of Use. The paragraphs below contain important information regarding use of www.holyhogbbq.com, the Holy Hog Barbecue, Inc. Website (hereinafter, the “Website”). For purposes of these terms and conditions of use (the “Terms”), each party utilizing the Website shall be referred to herein as the “User(s)”. Use of the Website indicates that the User has read, agrees to and accepts the Terms. If the User does not agree to and accept the Terms, then the User shall not be authorized to use the Website, including the purchase of products offered for sale through the Website. The Terms govern use of the Website, including all content, which shall include but not be limited to text, data information, software, graphics or photographs (collectively the “Content”) which Holy Hog Barbecue, Inc. (“Holy Hog”), and/or any wholly owned subsidiaries or affiliated entities of Holy Hog (collectively the “Holy Hog Parties”), make available through the Website.
Holy Hog grants the User a nonexclusive, nontransferable, revocable, limited license to access and use the Website only for the purposes of furthering its relationship with Holy Hog, which shall include viewing Holy Hog products, services, and additional information related to Holy Hog contained on the Website, and use of the Website to purchase Holy Hog products or services. Use of the Website for any other purpose is strictly prohibited. As between User and Holy Hog, Holy Hog owns the Website. The Website is protected under United States and international copyright laws, and any unauthorized use of the Website by User may violate copyright, trademark, and other laws.
Prohibited Uses. User agrees not to use the Website, including the Content: (a) in a manner that violates any United States or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity; or (d) to interfere with or disrupt the Website. The User further agrees not to (x) decompile, reverse engineer, disassemble, transfer, distribute resell, sublicense, or use to create any derivative works any portion of the Website or Content; or (y) attempt to gain unauthorized access to any portion of the Website or any other accounts, computer systems, or networks connected to the Website, whether through hacking, password mining, or any other means.
Disclaimers. This Website and the Content are provided on an “as is, as available” basis, and Holy Hog expressly disclaims all warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. Holy Hog disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to: (a) any errors in or omissions from the Website and/or the Content, including but not limited to technical inaccuracies and typographical errors; (b) the unavailability of the Website or any portion thereof; (c) User’s use of the Website or the Content; (d) User’s use of any products in connection with the Website or the Content; or (e) any third party web sites or content therein directly or indirectly accessed through links contained on this Website.
Holy Hog will make commercially reasonable efforts to ensure a virus free environment, a reliable operational schedule and to provide timely correction of Content known to be inaccurate. Notwithstanding the foregoing, Holy Hog does not represent or warrant that this Website or the Content will be correct, accurate, timely, error-free, or free of viruses or other harmful components, that defects will be corrected or that the Website will always be accessible or otherwise reliable.
Holy Hog Proprietary Information. © 2017 Holy Hog Barbeque, Inc. All rights reserved. Holy Hog claims a copyright in all proprietary and copyrightable text, graphics and computer code on the Website, the overall design of the Website and the selection, arrangement and presentation of all materials on the Website, including information in the public domain. User agrees that the Website and Content are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Except as expressly provided in the Terms or Terms of Sale (as further described herein), nothing contained herein shall be construed as conferring to User any license or right under copyright or other intellectual property right law. No part of the Content may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, except as specifically provided in the Terms.
User may distribute copies of Content to the extent permitted under the “fair use” provisions of the Copyright Act of 1976 (17 U.S.C. §107). These provisions state that several factors must be considered when determining whether the use made of a work in any particular case is a “fair use,” such as whether the use is of a commercial or non-profit nature, the amount and substantiality of the portion used in relation to the work as a whole, and the effect of the use upon the potential market for or value of the work. Holy Hog is not able to give legal advice to User as to whether a particular type of use constitutes “fair use.”
Notwithstanding the provisions above, User is not permitted to use Content as a component of, or basis for, a database prepared for use by User or any third party. Furthermore, all copies of Content, whether in print or electronic form, must incorporate all of Holy Hog’s or third party copyright and/or other intellectual property rights notices.
Trademarks. Holy Hog and any other product or service name or slogan or logo contained in the Website are trademarks of Holy Hog, and/or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Holy Hog or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Holy Hog or the applicable trademark holder. User may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of Holy Hog without Holy Hog’s prior written permission. In addition, the Website’s design (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of Holy Hog and may not be copied, imitated, or used (in whole or in part) without Holy Hog’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Holy Hog.
User Proprietary Information. Holy Hog agrees that it has no rights to the data, documents, information or material that User submits in the course of using the Website (“User Data”), except as otherwise stated in the Terms. User, and not Holy Hog, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Data, and Holy Hog shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Data. HOLY HOG MAKES NO REPRESENTATION OR WARRANTY THAT ANY USER DATA SUBMITTED TO HOLY HOG WILL BE RETAINED FOR ANY PARTICULAR PERIOD OF TIME, AND USER AGREES TO MAINTAIN DUPLICATE COPIES OF ALL USER DATA SUBMITTED TO HOLY HOG.
Linking to the Website and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without first receiving our prior written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Limitation of Liability. Holy Hog will not be liable for any loss, injury, claim, liability, or damage of any kind resulting from User’s use of the Website or the Content. Holy Hog shall not be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with use of or inability to use the Website or the Content. To the extent the foregoing limitation of liability is prohibited by applicable Law or fails of its essential purpose, Holy Hog’s sole obligation to any User for damages shall be limited to $25.00.
Exclusions and Limitations. Certain jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the disclaimers and limitations of liability contained in these Terms may not apply to specific Users. To the extent that Holy Hog, or any of the Holy Hog Parties, may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Holy Hog’s liability shall be the minimum permitted under such applicable law.
Modifications to the Website; Terms. Holy Hog reserves the right to modify, suspend, or discontinue the Website at any time without notice to User. For example, Holy Hog may make changes to the Content, the Products and prices described in the Website, at any time without notice. The Content may be out of date and Holy Hog makes no commitment to update the Content whatsoever. Information published on the Website may refer to Products, programs, or services that are not available in User’s country. The User should contact Holy Hog for information regarding the Products, programs, and services that may be available. Additionally, Holy Hog may, in its sole and absolute discretion, change these Terms at any time without notice to User. If User objects to any such changes, the User’s sole recourse shall be to cease using the Website. Continued use of the Website following any such change shall indicate User’s acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
Links to Third-party Websites. Any links on the Website to third-party websites are provided solely as a convenience to the User. The User using these links agrees and understands that it is leaving the Holy Hog Website, and that Holy Hog is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, Holy Hog does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If the User decides to access any of the third-party websites linked to from the Website, the User does this entirely at its own risk.
U.S. Government Restricted Rights. Any Content which is downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities (“U.S. Government”), are subject to the provisions of FAR 12.211 – “Technical Data”, and FAR 12.212 – “Computer Software” , or to clauses providing Holy Hog equivalent protections in DFARS or other agency specific regulations.
International and Export Issues. Holy Hog administers the Website from its offices in 3501 N. Armenia Avenue, Tampa, Florida 33607. Holy Hog makes no representation that the Website is appropriate or available for use outside the United States and access to the Website from territories where its contents are illegal or restricted is prohibited. If a User chooses to access the Website from outside the United States, the User does so on its own initiative and is responsible for compliance with applicable laws. User agrees to comply with all export and re-export restrictions and regulations of the Department of Commerce, and any other United States or foreign agencies and authorities in connection with the User’s use of the Website and to not, in violation of any laws, transfer, or authorize the transfer, of any Content to a prohibited country or otherwise in violation of any laws.
Indemnification. User agrees to indemnify, defend and hold harmless Holy Hog, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by User.
Electronic Communications. When a User visits the Website, sends e-mails or uses the “Contact Us” portion of the Website to contact Holy Hog, it is communicating with Holy Hog electronically. Holy Hog may respond to the User by e-mail or by posting notices on the Website. The User agrees that all such notices, disclosures, and other communications that Holy Hog provides to User electronically satisfy any legal requirement that such communications be in writing.
Force Majeure. Neither party will be responsible for delays or failures in performance resulting from acts or events beyond its reasonable control that prevent its performance of a transaction contemplated under the Terms, including the Terms of Sale. Force majeure events will include, but not be limited to, acts of God, riots, acts of war, terrorism, epidemics, earthquakes, fires, floods, strikes, civil insurrection, non-availability of materials or components required by Holy Hog to manufacture the Products, or other similar events. If a force majeure event impacting either party’s performance continues for a period longer than six months, the other party may terminate this transaction upon written notice and the parties will have no further obligations hereunder other than the executory obligations existing at the time of termination and the obligations which by their terms extend beyond the date of termination.
Binding Upon Parties. The Terms shall be binding upon, shall inure to the benefit of, and shall be enforceable by the User and Holy Hog, and their successors and assigns.
Severability. Any term or provision of the Terms that is invalid or unenforceable in any situation in any jurisdiction will not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.
Legal Fees. Should any party institute legal action concerning the restrictions hereunder, the enforcement of any of the Terms, or the rights and duties of the parties in relation to each other, the prevailing party will be entitled, in addition to such other relief as may be granted, to recover reasonable attorney’s fees and all other related court costs.
Miscellaneous. These Terms, together with any additional terms to which User agrees when using particular elements of the Website or dealing directly with Holy Hog, constitute the entire and exclusive and final statement of the agreement between the User and Holy Hog with respect to the subject matter hereof, superseding any prior agreements or negotiations between User and Holy Hog with respect to such subject matter. All Holy Hog Parties are third party beneficiaries with respect to these Terms. These Terms and the relationship between User and Holy Hog shall be governed by the laws of the State of Florida as applied to agreements made, entered into, and performed entirely in Hillsborough County by Florida residents, notwithstanding User’s actual place of residence. All lawsuits arising from or relating to these Terms or use of the Website shall be brought in the Federal or State courts located in Florida, USA, and User hereby irrevocably submits to the exclusive personal jurisdiction of such courts for such purpose. The failure of Holy Hog to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, User nevertheless agrees that the court should endeavor to give effect to the intentions of Holy Hog and User as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of User’s use of the Website. These Terms will be interpreted without application of any strict construction in favor of or against User or Holy Hog. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by Holy Hog without restriction.
Holy Hog reserves the right to investigate complaints or reported violations of the Terms and to take any action Holy Hog deems appropriate, including without limitation reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to User profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
User agrees to abide by all applicable United States and international laws, treaties and regulations in connection with User’s use of the Website, including those related to data privacy, international communications and the transmission of technical or personal data. User agrees to: (i) notify Holy Hog immediately of any unauthorized use of any password or User account or any other known or suspected breach of security; and (ii) report to Holy Hog immediately and use reasonable efforts to stop immediately any unauthorized copying or distribution of Content that is known or suspected by User.
Each and every time the User accesses the Website, the User reaffirms its consent to these Terms, as such Terms may be amended from time to time.