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Terms & Conditions

THE BEALE STREET GRILL INC.
MAINEBBQ.COM

LEGAL NOTICES

INTERNET SITE TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

This web site is provided by The Beale Street Grill Inc. (“BEALE STREET”).

THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BEALE STREET (THE “AGREEMENT”). BY USING THE MAINEBBQ.COM WEB SITE, OR BY DOWNLOADING MATERIALS FROM OR SUBMITTING MATERIALS TO THE MAINEBBQ.COM WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF, AND AGREE TO ABIDE BY, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS AND CONDITIONS DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THE SITE.

LIMITED LICENSE/RESTRICTIONS ON USE FOR MATERIALS

Subject to the terms and conditions set forth in this Agreement, BEALE STREET grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way, and you agree to use the site for lawful purposes only. Possible evidence of use of this site for illegal purposes may be provided to law enforcement authorities.

Information and material (“Materials”) from “www.mainebbq.com” (the “Site”) may not be copied (except as required to view the Site) or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of BEALE STREET, EXCEPT: you may download one copy of the Materials (including any document, information, or data) or other Materials provided that (1) you do not delete or change any copyright, trademark, or other proprietary notices in or on any such Materials; (2) you include the copyright notice “© 1997 The Beale Street Grill Inc.” on any copy of the Materials or any portion thereof; and (3) you use the Materials only for non-commercial informational purposes. Modification or use of the Materials for any other purpose violates the intellectual property rights of BEALE STREET. The Materials in this Site are provided for lawful purposes only. If you download any Materials from the Site, such Materials are deemed to be licensed to you by BEALE STREET. Neither title nor any intellectual property rights are transferred to you, but remain with BEALE STREET, which owns full and complete title to such Materials and intellectual property rights.

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video and graphics. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Materials, in whole or in part. Except as expressly provided herein, nothing in this agreement shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of BEALE STREET or any third party.

DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE IS” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTIES OF QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT OR SERVICE CONTAINED ON THE SITE, ALL OF WHICH ARE HEREBY DISCLAIMED. BEALE STREET WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, ARISING FROM OR CONNECTED WITH THIS SITE OR THE PRODUCTS IDENTIFIED AND DESCRIBED ON THE SITE, EVEN IF BEALE STREET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.

Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, BEALE STREET DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

ERRORS OR INACCURACIES

The Materials in this site could include technical or other inaccuracies or typographical errors. BEALE STREET does not warrant that the functions contained in the Materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. BEALE STREET does not warrant or make any representations regarding the use of or the result of the use of the materials in this site in terms of their correctness, completeness, accuracy or reliability. BEALSE STREET reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. MAINEBBQ may make any other changes to the Site, the Materials and the products, programs, services or prices (if any) described in the Site at any time without notice.

THIRD-PARTY WEB SITES

As a convenience to you, BEALE STREET may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. BEALE STREET makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that BEALE STREET or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of BEALE STREET or any of its affiliates or subsidiaries.

SUBMISSIONS

BEALE STREET does not want you to, and you should not, send any confidential or proprietary information to BEALE STREET via the Site. You agree that any information or materials (including all data, remarks, suggestions, ideas, graphics, or other information) that you or individuals acting on your behalf provide to BEALE STREET will not be considered confidential or proprietary. By providing any such information or materials to BEALE STREET, you grant to BEALE STREET an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that BEALE STREET is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to BEALE STREET. BEALE STREET will be entitled to use such information or materials for any commercial or other purpose whatsoever, without compensation to you or any other person sending the information or materials, and BEALE STREET will not be liable for any ideas for its business (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future BEALE STREET materials. You acknowledge that BEALE STREET does not want you to, and you warrant that you shall not, post to or transmit through the Site any information or material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, or that would give rise to civil liability or otherwise violate any law. You further acknowledge that you are responsible for whatever material you submit, and you, not BEALE STREET, have full responsibility for the information or material, including its legality, reliability, appropriateness, originality, and copyright. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a submission.

INDEMNITY

You agree to indemnify and hold BEALE STREET, its parents, subsidiaries, affiliates, directors, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the use and/or misuse of the products identified and described on this Site, the violation of this Agreement by you, or the infringement by you of any intellectual property or other right of any person or entity.

CHANGES/TERMINATION

BEALE STREET reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.

BEALE STREET may terminate, change, suspend or discontinue any aspect of the BEALE STREET Site, including the availability of any features of the Site, at any time. BEALE STREET may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. BEALE STREET may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

INTERNATIONAL USERS AND CHOICE OF LAW

This Site is controlled, operated and administered by BEALE STREET or its authorized agents from offices within the United States of America. BEALE STREET makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of Maine, without respect to its conflict of law provisions.

This Agreement constitutes the entire agreement between BEALE STREET and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

TRADEMARK INFORMATION

The following are registered and unregistered trademarks BEALE STREET owns or is authorized to use and is not intended to be an exhaustive list of all such trademarks:

BEALE STREET BAREQUE

BEALE STREET BARBEQUE (and Design)

HAB MAYO – A COOL HOT SAUCE (and Design)

© 1997, 2006, The Beale Street Grill Inc. All rights reserved.

PRIVACY POLICY: Click here for the BEALE STREET Web Site Privacy Policy.

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