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TERMS OF USE

These Terms of Use are effective as of April 1st, 2021.


Welcome to www.Outback-Grills.com (the “Site”). SETCO (Southeastern Trading Company) and its affiliates (Outback-Grills), provides website features and other services when you visit or shop at the Site or use Outback-Grills mobile applications, engage with our social media accounts, participate in any of our promotions or opt-in to receive e-mails from Outback-Grills. Your use of the Site, our social media account or mobile applications is subject to this Legal Notice and the following Terms and Conditions and all applicable law.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By accessing and browsing the Site and/or using our mobile applications or engaging with our social media accounts, you accept without limitation or qualification (except as otherwise provided) all of the Terms and Conditions and acknowledge that any other agreements between you and Outback-Grills are superseded and have no force and effect. No customer service representative is authorized to modify or amend this Legal Notice including the Terms and Conditions. If you purchase an Outback-Grills product online using the Site, this Legal Notice including the Terms and Conditions do not affect any rights you have under state law as to products you purchase, applicable laws addressing products liability, or rights you have pursuant to Outback-Grills warranties, shipping or return policies which apply to products you purchase.

Please also review the Privacy Policy, which also governs your use of the Site and our mobile applications and social media by clicking on the “Privacy Policy” link at the bottom of any page of the Site.

 

  1. Outback-Grills may, at any time, revise, modify or amend these Terms and Conditions by updating this Legal Notice. You are bound by such revisions, modifications and amendments and should therefore periodically visit the Legal Notice link to review these Terms and Conditions. We will provide notice of any material changes to the Terms and Conditions on the Site. Your use of the Site after such notice indicates your agreement to the terms of any such changes. If any of the Terms and Conditions shall be deemed void or unenforceable, that Term or Condition shall be deemed severable and shall not affect the validity or enforceability of any remaining Term or Condition.
     

  2. You should assume that everything you see or read on the Site or on our mobile applications or on our social media accounts are subject to a copyright or other intellectual property right owned by Outback-Grills and may not be used except as provided in these Terms and Conditions or in the text of the Site without the written permission of Outback-Grills. Outback-Grills makes no representations or warranties with regard to materials displayed on the Site or our mobile applications or social media accounts that are owned by third parties and not owned or affiliated with Outback-Grills.
     

  3. Outback-Grills makes no representations that any files, material or information you download from the Site or our mobile applications or social media accounts will be free of viruses or contamination or destructive features. Users should and are expected to maintain their own antivirus protection software and take appropriate cyber security measures while browsing or otherwise using the Site or our mobile applications or social media accounts.
     

  4. We may require a Site or mobile application or social media user to register to use certain features of the Site other Outback-Grills media. When you are required to register to use features of the Site or other Outback-Grill’s media, you must provide accurate and complete information. You agree to maintain your information and update it as appropriate. Your registration and password information are subject to Outback-Grills’ Privacy Policy.
     

  5. You may download material displayed on the Site or mobile applications for non-commercial, personal use only provided you also retain the copyright or other proprietary notices (such as watermarks) contained on the materials. You may not distribute, modify, transmit, reuse, report or use the contents of the Site or mobile applications including the text, images, audio and video for public or commercial purposes without Outback-Grills written permission.
     

  6. TO THE FULL EXTENT PERMITTED BY LAW, OUTBACK-GRILLS DISCLAIMS ANY AND ALL WARRANTIES AS TO THE SITE AND MOBILE APPLICATIONS AND SOCIAL MEDIA ACCOUNTS  AND THEIR CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
     

  7. Please note that because some jurisdictions may not allow the exclusion of implied warranties, some of all the disclaimers in the Terms and Conditions may not apply to you. Check local laws for any restrictions or limitations regarding the exclusion of implied warranties or additional rights that may be available to you.
     

  8. OUTBACK-GRILLS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR MOBILE APPLICATIONS OR SOCIAL MEDIA LISTINGS INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNATIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
     

  9. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE OR OUTBACK-GRILLS  WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS OWNED BY OUTBACK-GRILLS. IN THE EVENT OF A DISPUTE, YOU MUST SEND TO OUTBACK-GRILLS A NOTICE OF DISPUTE ALONG WITH A WRITTEN DESCRIPTION OF THE NATURE OF THE DISPUTE AND THE RELIEF SOUGHT.
     

  10. Unless caused by Outback-Grills’ negligent or reckless conduct or intentional misconduct, you and Outback-Grills agree that Outback-Grills shall not be liable (whether in contract, tort or any cause of action) for any damages or injuries arising out of or related to your use of the Site or mobile applications or social media accounts including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of your computer, data or information.
     

  11. Any communication or material you transmit to the Site or mobile applications or social media accounts by electronic mail or otherwise, including any data, questions, comments, suggestions, pictures or the like (“User Generated Content”) is and will be treated as non-confidential and non-proprietary. Any User Generated Content you transmit or post may be used, without compensation, by Outback-Grills or its affiliates for any purpose, and you hereby grant to Outback-Grills and its affiliates a non-exclusive, sub-licensable, irrevocable, transferable, royalty free license under all intellectual property laws to use, reproduce, disclose, transmit, publish, broadcast, edit, and post such User Generated Content. Further, Outback-Grills is free to use, without compensation to you, any ideas, concepts, know-how or techniques contained in any User Generated Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products. If you do not agree to the foregoing, then you should not transmit or post any such User Generated Content.
     

  12. Images of people or places displayed on the Site or mobile applications or social media accounts are either the property of, or used with permission by, Outback-Grills. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided by Outback-Grills. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
     

  13. The Site and Outback-Grills mobile applications or social media accounts may include links to third party sites. Outback- Grills makes no warranties or representations regarding any of the files, material, or information on any off-Site pages or any other sites linked to the Site or Outback-Grills’ mobile applications or social media accounts. Your linking to any off-Site pages is governed by their own terms of use and privacy policies.
     

  14. 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 law. Outback-Grills will fully cooperate with any law enforcement authorities or court order requesting or directing Outback-Grills to disclose the identity of anyone posting any such information or materials. Although Outback-Grills may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Outback-Grills assumes no obligations to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site or Outback-Grills mobile applications or social media accounts. Outback-Grills reserves the right to take down any content posted on the Site or Outback-Grills mobile applications or social media accounts for any reason.

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