Welcome to the Southern Flames BBQ website located at www.sflames.com (the "Website"). By accessing and using this Website, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use this Website.
These Terms constitute a legally binding agreement between you and Southern Flames BBQ ("Southern Flames BBQ," "we," "us," or "our") regarding your access to and use of the Website and any services offered through the Website, including online ordering for carryout or delivery (the "Services").
You may use the Website for lawful purposes and in accordance with these Terms. You agree not to:
Southern Flames BBQ offers online ordering for carryout and delivery through the Website. By placing an order through the Website, you agree to the following:
Southern Flames BBQ takes precautions to avoid cross-contamination; however, our food may contain allergens or come into contact with allergens. It is your responsibility to inform us of any food allergies or dietary restrictions when placing your order. We will do our best to accommodate your needs, but we cannot guarantee that any of our products are completely free of allergens.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Southern Flames BBQ, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally and ordinarily permitted through the Website according to these Terms.
The Southern Flames BBQ name, the sflames.com domain name, and all related names, logos, product and service names, designs, and slogans are trademarks of Southern Flames BBQ or its affiliates or licensors. You must not use such marks without our prior written permission.
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SOUTHERN FLAMES BBQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOUTHERN FLAMES BBQ DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOUTHERN FLAMES BBQ, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR THE SERVICES, ANY CONTENT ON THE WEBSITE, OR ANY WEBSITE LINKED TO THE WEBSITE, EVEN IF SOUTHERN FLAMES BBQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SOUTHERN FLAMES BBQ ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE TOTAL AMOUNT PAID BY YOU TO SOUTHERN FLAMES BBQ IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless Southern Flames BBQ, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
These Terms and all matters relating to the Website are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal or state courts located in Philadelphia County, Pennsylvania. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
We reserve the right to modify or revise these Terms at any time without notice. Any changes will be effective immediately upon posting the revised Terms on the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check this page periodically for updates.
If you have any questions about these Terms and Conditions, please contact us at:
Southern Flames BBQ 8221 Germantown Ave Philadelphia, PA 19118 (215) 621-7919
These Terms and Conditions constitute the entire agreement between you and Southern Flames BBQ with respect to the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Southern Flames BBQ.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.