Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at 4rivers-bbq.click (the "Site") or any services, products, or features offered by 4 Rivers ("Company," "we," "us," or "our"). By accessing or using our Site or services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of our Site and services.

1. Acceptance of Terms

By visiting, browsing, or otherwise using the website 4rivers-bbq.click, placing an order, making a reservation, subscribing to communications, or otherwise engaging with any product or service offered by 4 Rivers, you enter into a legally binding agreement with us subject to these Terms of Service. This agreement is effective as of the date you first access or use our Site or services.

These Terms apply to all visitors, users, customers, and any other persons who access or use the Site or our services (collectively, "Users" or "you"). Your continued use of the Site after any modification to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

If you are using our Site or services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" shall refer to both you individually and that entity.

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use our services independently. Minors may only use our services under direct supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms on their behalf.

2. Description of Services

4 Rivers is a food-related business operating in the United States. Through our website and associated platforms, we offer a variety of services and products, which may include but are not limited to:

• Online viewing of our food menu, specials, and featured offerings
• Online ordering of food and beverages for pickup, delivery, or dine-in reservation
• Catering inquiry and booking services
• Gift card purchasing and redemption
• Loyalty program enrollment and management
• Subscription to promotional newsletters and marketing communications
• Submission of feedback, reviews, and ratings
• Access to informational content, blog posts, recipes, and promotions
• Contact and customer support services

We reserve the right to modify, suspend, expand, or discontinue any aspect of our services at any time, with or without prior notice, and without liability to you or any third party. We may also impose limits on certain features or restrict access to parts of the Site without notice or liability.

Not all services may be available in all locations. We make no guarantee that particular services will remain available indefinitely or that menu items will remain in stock. Product availability is subject to change without notice.

3. User Obligations and Prohibited Activities

3.1 General Obligations

As a condition of your use of our Site and services, you agree to:

• Provide accurate, complete, and current information when creating an account, placing an order, or engaging in any transaction with us
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use of your account
• Use our Site and services only for lawful purposes and in compliance with all applicable federal, state, and local laws
• Comply with all applicable laws and regulations, including those related to consumer protection, food safety, and electronic commerce
• Treat our staff, representatives, and other users with respect and courtesy

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Using the Site for any fraudulent, deceptive, misleading, or unlawful purpose
• Attempting to gain unauthorized access to any portion of the Site, our servers, or any systems or networks connected to the Site
• Using automated tools, bots, spiders, scrapers, or similar data gathering or extraction tools without our express written consent
• Submitting false, defamatory, harassing, abusive, threatening, or otherwise objectionable content through our Site
• Impersonating any person or entity, including any employee, representative, or affiliate of 4 Rivers
• Uploading or transmitting viruses, malware, or any other harmful, disruptive, or destructive code or files
• Attempting to reverse-engineer, decompile, disassemble, or otherwise derive source code from the Site or any related software
• Circumventing or disabling any security or access control features of the Site
• Collecting or harvesting personal information of other users without their express consent
• Using our intellectual property, branding, or content without prior written authorization
• Reselling, reproducing, or commercially exploiting any part of our Site or services without written permission
• Engaging in any conduct that restricts or inhibits any other user's enjoyment of the Site or our services
• Placing fraudulent orders, using invalid payment methods, or engaging in charge-back abuse
• Violating any applicable food safety regulations or using our services in connection with the sale or distribution of counterfeit goods

We reserve the right to investigate and take appropriate legal action against anyone who violates these prohibitions, including reporting such conduct to law enforcement authorities, and terminating or suspending access to our services without notice.

4. Account Registration

Certain features of our Site may require you to register for an account. When you register, you agree to provide accurate and complete information and to keep your information up to date. You are responsible for safeguarding your password and for all activities that occur under your account.

You agree to notify us immediately at [email protected] if you become aware of any breach of security or unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

We reserve the right to refuse registration, cancel accounts, or remove or edit content in our sole discretion, particularly if we believe information provided is false, misleading, or otherwise in violation of these Terms.

5. Ordering, Payment, and Pricing

5.1 Orders

When you place an order through our Site, you are making an offer to purchase the selected products or services at the stated price. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our sole discretion, including orders that appear to be placed for commercial resale, orders that seem fraudulent, or orders where errors in pricing or product information have occurred.

Once an order is confirmed, you will receive an order confirmation via email or other digital communication. This confirmation constitutes our acceptance of your order and the formation of a binding contract between you and 4 Rivers.

5.2 Pricing and Taxes

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without notice. We make every effort to ensure pricing accuracy; however, errors may occasionally occur. If we discover a pricing error after your order has been placed, we will contact you and may offer you the option to reconfirm the order at the correct price or cancel it for a full refund.

Applicable sales taxes, delivery fees, service charges, and any other applicable fees will be clearly disclosed at checkout prior to your final confirmation of purchase. You are responsible for all taxes applicable to your transactions under applicable federal, state, and local law.

5.3 Payment Methods

We accept various forms of payment as indicated on the Site at the time of your transaction. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the applicable amounts to that payment method.

All payment transactions are processed through secure third-party payment processors. We do not store complete credit card or debit card numbers on our servers. Your use of third-party payment services is subject to the applicable third party's terms and privacy policies.

5.4 Refunds and Cancellations

Our refund and cancellation policies are specific to the type of service or product purchased. For food orders that have already been prepared or are in transit, refunds may not be available except in cases of error on our part or food safety concerns. For catering bookings and advance orders, cancellation terms will be provided at the time of booking. Please contact us at [email protected] with any refund or cancellation inquiries.

6. Intellectual Property Rights

All content, materials, and features available on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall "look and feel" of the Site (collectively, "Content"), are the exclusive property of 4 Rivers or its licensors and are protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, patent, and trade secret laws.

The 4 Rivers name, logo, and all related product and service names, design marks, and slogans are trademarks or trade dress of 4 Rivers. You may not use any of our trademarks without our prior written permission. All other trademarks not owned by 4 Rivers that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 4 Rivers.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for your personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works from our Content
• Use any data mining, robots, or similar data gathering and extraction tools on our Site
• Download or copy account information for the benefit of any third party
• Use our Content for commercial purposes without our express written consent

Any unauthorized use of our intellectual property terminates the license granted by these Terms. We reserve all rights not expressly granted herein.

6.1 User-Generated Content

If you submit, post, or upload any content to our Site — including reviews, comments, photos, feedback, or suggestions (collectively, "User Content") — you grant 4 Rivers a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media worldwide.

You represent and warrant that you own or have all necessary rights to submit such User Content and that it does not violate any third party's intellectual property rights, privacy rights, or any applicable laws. We reserve the right to remove any User Content at our discretion without prior notice.

7. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

4 RIVERS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT ON THE SITE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

We do not warrant or make any representations regarding the use or the results of the use of our services. You assume the entire cost of all necessary servicing, repair, or correction related to your use of the Site.

Food products are subject to allergen risks. It is your responsibility to notify us of any food allergies or dietary restrictions when placing an order. While we take reasonable steps to accommodate such requests, we cannot guarantee that our food products are free from allergens due to the nature of our kitchen operations. You consume our products at your own risk if you have known food allergies or intolerances.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 4 RIVERS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES
• DAMAGES ARISING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• ANY FOOD SAFETY INCIDENTS ARISING FROM ALLERGEN EXPOSURE WHERE ADEQUATE DISCLOSURE WAS NOT PROVIDED BY YOU

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ALL CASES, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO 4 RIVERS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some states do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless 4 Rivers and its officers, directors, employees, agents, licensors, service providers, and successors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service
• Your use of the Site or services, including any data or content you submit, transmit, or display through the Site
• Your violation of any third party's rights, including intellectual property rights, privacy rights, or publicity rights
• Your violation of any applicable federal, state, or local laws or regulations
• Any claim that your User Content caused damage to a third party
• Your negligent or wrongful conduct

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or applications that are not owned or controlled by 4 Rivers. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites. We do not warrant or make any representations regarding the accuracy, completeness, or reliability of any content on third-party sites.

We encourage you to review the terms and privacy policies of any third-party sites you visit. Your access to and use of third-party websites is at your own risk and subject to the terms and conditions of use of such third-party sites.

The inclusion of any link to a third-party website does not imply endorsement by 4 Rivers of that website or its contents.

11. Privacy Policy

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated by reference into these Terms of Service. Our Privacy Policy describes how we collect, use, store, and share your personal information in compliance with applicable United States federal and state privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) where applicable, as well as the Federal Trade Commission Act (FTC Act) regarding consumer protection and unfair or deceptive trade practices.

By using our Site and services, you consent to the data practices described in our Privacy Policy. If you do not agree with our data practices, you must discontinue use of our Site and services.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which 4 Rivers is registered and operates, without regard to any conflict of law principles that would require application of the laws of another jurisdiction.

You agree that any legal action or proceeding arising under or related to these Terms that is not subject to the arbitration provisions below shall be brought exclusively in the federal or state courts located in the state of operation of 4 Rivers, and you hereby irrevocably consent to the personal jurisdiction and venue therein.

These Terms shall also be subject to applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce, and any other applicable federal consumer protection statutes.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to contact 4 Rivers at [email protected] and provide a written description of the dispute, the harm suffered, and the relief sought. We will attempt to resolve any disputes informally within thirty (30) days of receipt of your written notice. If we are unable to resolve the dispute informally within that period, either party may pursue formal dispute resolution as set forth below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND 4 RIVERS WILL RESOLVE ANY DISPUTES.

Except for disputes that qualify for small claims court, and except as set forth in Section 13.4 below, all disputes, claims, or controversies arising out of or relating to these Terms, our services, or your use of the Site ("Disputes") shall be resolved through binding, individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, rather than in court.

The arbitration shall be conducted in English in the state in which 4 Rivers operates. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision.

13.3 Class Action Waiver

YOU AND 4 RIVERS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than arbitration, YOU AND 4 RIVERS EACH WAIVE ANY RIGHT TO A JURY TRIAL and agree that the claim shall proceed only on an individual (non-class, non-representative) basis.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information. Such relief may be sought without first engaging in the informal dispute resolution process or arbitration.

14. Term and Termination

These Terms shall remain in full force and effect while you use our Site or services. We reserve the right, in our sole discretion, to suspend or terminate your access to all or part of the Site or services, without notice and without liability, for any reason, including but not limited to:

• Violation of these Terms of Service
• Conduct that we believe is harmful to other users, third parties, or our business interests
• Fraudulent, harassing, or illegal activity
• Extended periods of account inactivity
• Requests by law enforcement or other government agencies

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Site and services will immediately cease.

All provisions of these Terms that by their nature should survive termination shall survive termination, including without limitation: intellectual property provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.

15. Changes to These Terms

We reserve the right to modify, update, or replace these Terms of Service at any time, in our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and may notify you by email (if you have provided your email address) or by posting a prominent notice on our Site.

Your continued access to or use of our Site or services after the effective date of any revised Terms constitutes your acceptance of and agreement to those revised Terms. If you do not agree to the revised Terms, you must discontinue using our Site and services.

We encourage you to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, it shall be severed from these Terms.

The invalidity, illegality, or unenforceability of any provision shall not affect or impair the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect. The remaining provisions shall be construed and enforced as if the invalid, illegal, or unenforceable provision had never been included herein.

17. Waiver

No failure or delay by 4 Rivers in exercising any right, power, or privilege under these Terms shall operate as a waiver of that right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of 4 Rivers.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by us on the Site, constitute the entire agreement between you and 4 Rivers with respect to your use of the Site and our services. These Terms supersede all prior and contemporaneous agreements, representations, warranties, and understandings between you and 4 Rivers regarding the subject matter herein.

In the event of any conflict between these Terms and any other agreement you may have with 4 Rivers, these Terms shall govern unless the other agreement expressly states otherwise.

19. Force Majeure

4 Rivers shall not be liable for any failure or delay in the performance of our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, fire, flood, earthquake, storm, natural disasters, pandemics, epidemics, governmental actions or restrictions, war, terrorism, labor disputes, power outages, internet or telecommunications failures, or supply chain disruptions.

In the event of a force majeure occurrence, we will use commercially reasonable efforts to resume normal operations as soon as practicable and will notify you of the situation through our Site or other available communication channels.

20. Electronic Communications

By using our Site or services or communicating with us electronically, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

21. Accessibility

4 Rivers is committed to ensuring that our Site and services are accessible to all users, including those with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, to the extent reasonably practicable. If you experience any accessibility barriers on our Site, please contact us at [email protected] so that we may address your concern promptly.

22. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, your rights, or your experience with our Site or services, please contact us using the information below: