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TERMS OF SERVICE (OTHERWISE KNOWN AS TOS TERMS AND CONDITIONS OR SERVICE)
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Use of BBQPitBoys.com constitutes the following:
THE MATERIALS AND VIDEOS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE
WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BBQPITBOYS.COM AND TIMES
PUBLISHING MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE
SITE.
The videos and materials provided in this Web site are for entertainment, educational and promotional purposes
only. User may not rely on any information and opinions expressed in it for any other purpose. Neither
BBQPitBoys.com, Times Publishing, nor its partners, affiliates, and their related companies are responsible or
liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim,
or other injury or cause related to or resulting from any information posted on the BBQPitBoys.com Web
site.
Some videos are for Mature Audiences Only. Information, articles, Press Releases, videos, and links are published as a convenience to our
visitors. BBQPitBoys.com and Times Publishing take no
responsibility and give no guarantees, warranties or representations, implied or otherwise, for the content
or accuracy.
LINKS
The Service may provide, or third parties may provide, videos, and articles in BBQPitBoys.com, and/or links to
other World Wide Web sites or resources. Because BBQPitBoys.com and Times Publishing, LLC has no control over such
videos, articles, sites and resources, you acknowledge and agree that BBQPitBoys.com and Times Publishing, LLC are
not responsible for the content, or availability of such content, external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising, products, or other materials, or available from
other such sites or resources. You further acknowledge and agree that BBQPitBoys.com and Times Publishing, LLC
shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods or services available on or through
BBQPitBoys.com and Times Publishing, LLC, and any such externally linked site or resource.
You acknowledge that BBQPitBoys.com and Times Publishing, LLC contain Videos, Links, descriptions,
logos, trademarks and other material that are protected by copyright, trademark or other proprietary rights
(the "Intellectual Property") of third-party content providers. You may not copy, reproduce, alter or
otherwise use the Intellectual Property without written permission from the appropriate third party content
provider.
Copyright Infringement. If you
believe Our activities infringe on your copyright or other intellectual property rights, please inform us
immediately at the address below. It is our policy to cooperate with all content providers regarding the protection
of intellectual property. Further, it is our policy to promptly respond to notices of alleged infringement of
copyright and other applicable intellectual property laws, including the removal or disabling of access to material
claimed to be the subject of infringing activity. Pursuant to the Digital Millennium Copyright Act of 1998, For
notice of alleged copyright infringement please contact timespublishing.com for immediate
resolution.
NO PRE-SCREENING
BBQPitBoys.com may offer blogs, forums, video blogs (vlogs) and other interactive areas where users can express
opinions and share ideas and information. BBQPitBoys.com and Times Publishing, LLC cannot and does not monitor all
of the material posted or transmitted to BBQPitBoys.com. Additionally, BBQPitBoys.com and Times Publishing do not
control, and are not responsible for content made available through BBQPitBoys.com by third party providers and
users.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found
on or through the Service, including payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely between you and such
advertiser. You agree that BBQPitBoys.com and Times Publishing, LLC shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
TERMINATION
You agree that BBQPitBoys.com and Times Publishing, LLC, in its sole discretion, may terminate your
account (or any part thereof) or use of the Service, and remove and discard any Content within the Service,
for any reason, including, without limitation, for lack of use or if BBQPitBoys.com and Times Publishing, LLC
believes that you have violated or acted inconsistently with the letter or spirit of the TOS. BBQPitBoys.com
and Times Publishing, LLC may also in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and acknowledge and agree that
BBQPitBoys.com and Times Publishing, LLC may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such files or the Service. Further,
you agree that BBQPitBoys.com and Times Publishing, LLC shall not be liable to you or any third-party for any
termination of your access to the Service.
PROPRIETARY RIGHTS
You acknowledge and agree
that the Service and any necessary software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized by BBQPitBoys.com and Times
Publishing, LLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. BBQPITBOYS.COM AND TIMES PUBLISHING, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
| b. |
BBQPITBOYS.COM AND TIMES PUBLISHING, LLC MAKE NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
| d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BBQPITBOYS.COM
AND TIMES PUBLISHING, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS. |
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BBQPITBOYS.COM AND TIMES PUBLISHING, LLC SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BBQPITBOYS.COM AND
TIMES PUBLISHING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
Arbitration; location
Any dispute you may have with BBQPitBoys.com and Times Publishing, LLC, or any of its
officers, directors, employees, consultants, agents, subsidiaries or affiliates relating in any way to this
agreement or your visit to or use of BBQPitBoys.com shall be submitted to confidential arbitration, except that, to
the extent that we believe that you have in any manner violated or threatened to violate our intellectual property
rights, we may seek injunctive or other appropriate relief in any state or federal court in Connecticut, and you
consent to exclusive jurisdiction and venue in any such court, and you waive any claim of inconvenient forum or
similar claim. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be binding, and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, unless otherwise elected by us, no
arbitration under this agreement shall be joined to any arbitration involving any other party, whether through
class arbitration proceedings or otherwise.
NOTICES
Notices to you may be made via either email or regular mail, or BBQPitBoys.com and Times Publishing,
LLC may also provide notices of changes to the TOS or other matters by displaying notices or links to notices
to you generally on the Service.
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