By using the Smokey Bones site (the “Site”) you are agreeing to be bound by the following Terms and Conditions.
Gift Card Terms and Conditions
This Gift Card is issued by and represents an obligation of Barbeque Integrated, Inc. Each time you use it, we’ll deduct that amount from the balance until you’ve used the full balance of the card. You can add to the card balance at any time. A few other things you need to know about your gift card: (1) Except where required by law, this gift card is not redeemable for cash. (2) We can’t replace it if it’s lost or stolen. (3) Barbeque Integrated, Inc. approval is required to advertise this card. (4) Valid in U.S. only.
For Gift Card balance call toll-free 1-877-610-3705
© 2011 Barbeque Integrated, Inc.
Terms and Conditions
The trademark Smokey Bones Barbeque & Grill/Smokey Bones Bar & Fire Grill®, as well as certain logos and other marks used in the Site (the “Marks”) are owned by Barbeque Integrated, Inc., a wholly owned subsidiary of Barbeque Integrated, Inc., and used under license by its affiliated companies. You may not use the Marks displayed on this Site, or any other content on the Site, except as provided in these Terms and Conditions. Any other use is strictly prohibited and Barbeque Integrated, Inc. will take all necessary action to enforce its rights.
You should assume that everything you see or read on this Site is copyrighted and may not be used except as provided in these Terms and Conditions. You may download one copy of the contents of the Site to one computer for your personal and noncommercial home use provided you do not change any copyright, trademark or other proprietary notice. If you modify or use the materials for any other purpose you will be violating the intellectual property rights of Barbeque Integrated, Inc., which it vigorously protects.
The Site provides you an opportunity to communicate with us. Please be aware that any communication, whether it be suggestions, ideas, graphics or other material, to Smokey Bones through the Site or otherwise will be treated as nonconfidential and nonproprietary. Anything you submit, transmit or post becomes the property of Barbeque Integrated, Inc. or its affiliates (hereinafter “Barbeque Integrated, Inc.”) and Barbeque Integrated, Inc. is free to use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.
Smokey Bones has used reasonable efforts to include accurate and up-to-date information on the Site, however it makes no warranties or representation as to the accuracy of its contents. Smokey Bones assumes no liability or responsibility for any errors or omissions in the contents of the Site.
Smokey Bones and Barbeque Integrated, Inc. are not liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Further, Smokey Bones assumes no responsibility for and shall not be liable for any damages to, or viruses that may infect your computer equipment on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site. Your use of this Site is solely at your own risk. Because some jurisdictions do not permit the exclusions of certain warranties some of these exclusions may not apply to you. Under no circumstance shall Smokey Bones, its parent, subsidiaries or affiliates and each of the foregoing directors, officers, employees, agents, contractors, counsel, successors and assigns be liable for any damages or injury whether direct, indirect, punitive, incidental, special or consequential that results from the use of or inability to use this Site or any portion thereof including, without being limited thereto, any offering that may be made therein. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Smokey Bones had been advised of the possibility of such liability. The total liability of Smokey Bones to you for all losses, damages and causes of action (in contract, tort, including without limitation, negligence or otherwise) will not be greater than the amount you paid to access the Site. You may bring no claim against Smokey Bones more than one (1) year after the action arose. Because some jurisdictions do not allow the exclusion of incidental or consequential damages the liability of Smokey Bones in such jurisdiction shall be limited to the extent permit by the law thereunder.
Smokey Bones makes no representation about any other site that you may access through its Site and is not responsible for the contents of any other site. Unless expressly stated, Smokey Bones does not endorse any products or services offered by any company or person linked to its Site. You may not create a link to the Smokey Bones Site without first obtaining its written permission.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any laws. Smokey Bones will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
This Site is controlled by Smokey Bones from its offices within the United States of America. Smokey Bones makes no representation that all of the contents of the Site are appropriate or available for use in other locations, and access to the Site is prohibited from locations where some or all of the content is illegal. If you choose to access this site from other locations you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use or export any contents of the Site in violation of U.S. export laws and regulations. Any claim relating to the Site content shall be governed by the internal substantive laws of the State of Florida without regard to its conflict of law principles.
Any failure by Smokey Bones to enforce any of its rights under these Terms and Conditions or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms and Conditions shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions hereunder. These terms and conditions contain the entire agreement between you and Smokey Bones relating to your use of the Site.
Smokey Bones may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions.
Safe Harbor Notice
Forward-looking statements in this website, if any, are made under the Safe Harbor provisions of the Private Securities Litigation Reform Act of 1995. Certain important factors could cause results to differ materially from those anticipated by the forward-looking statements, including the impact of changing economic or business conditions, the impact of competition, the availability of favorable credit and trade terms, the impact of changes in the cost or availability of food and real estate, government regulation, construction costs, weather conditions and other factors discussed from time to time in reports filed by the Company with the Securities and Exchange Commission.