Terms of Service

Please read these Terms of Service carefully before using our website or services. By accessing or using deweys-bbq.rest, you agree to be bound by these Terms of Service and all applicable laws and regulations.

1. Acceptance of Terms

By accessing, browsing, or using the website located at deweys-bbq.rest (the "Website"), placing an order, or otherwise engaging with the services provided by Dewey's BBQ (referred to herein as "Dewey's BBQ," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (the "Terms"), our Privacy Policy, and any other policies incorporated herein by reference.

If you do not agree to these Terms, in whole or in part, you must immediately discontinue your use of this Website and our services. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes.

These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Dewey's BBQ. If you are using the Website on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, and references to "you" shall refer to both you and that entity.

You must be at least eighteen (18) years of age to use this Website or place orders through it. By using our Website, you represent and warrant that you meet this age requirement.

2. Description of Services

Dewey's BBQ operates as a food service establishment providing barbecue cuisine, related food products, and ancillary services to customers across the United States. Our services include, but are not limited to:

• Online Ordering: The ability to browse our menu, customize orders, and place food orders for pickup or delivery through our Website.
• Menu Browsing: Access to current menu items, pricing, nutritional information, and seasonal offerings.
• Catering Services: Information and booking capabilities for catering events, private parties, corporate functions, and other special occasions.
• Loyalty and Promotional Programs: Access to any rewards programs, discount codes, promotional offers, and special deals offered from time to time.
• Customer Support: Communication channels through which customers may contact us regarding orders, complaints, compliments, and general inquiries.
• Gift Cards and Vouchers: Purchase and redemption of digital or physical gift cards and vouchers where available.
• General Information: Details about our locations, hours of operation, contact information, and company background.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

All menu items, pricing, availability, and service offerings are subject to change without prior notice. We make no guarantee that any particular menu item will be available at any given time, as availability may vary based on location, season, ingredient supply, and other operational factors.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a user of our Website and services, you agree to:

• Provide accurate, complete, and current information when creating an account or placing orders.
• Maintain the confidentiality of any account credentials, including usernames and passwords.
• Notify us immediately of any unauthorized use of your account or any other breach of security.
• Use the Website and services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our services.
• Be solely responsible for all activities that occur under your account.
• Ensure that any information you submit through our Website does not infringe upon the rights of any third party.

3.2 Prohibited Activities

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

• Using the Website for any unlawful, fraudulent, or malicious purpose.
• Attempting to gain unauthorized access to any part of the Website, other accounts, computer systems, or networks connected to the Website.
• Transmitting any harmful, offensive, threatening, abusive, defamatory, vulgar, obscene, or otherwise objectionable content.
• Uploading or transmitting viruses, malware, spyware, or any other malicious code intended to disrupt, damage, or limit the functionality of the Website or any computer systems.
• Collecting or harvesting any personally identifiable information from the Website without our express written consent.
• Using automated scripts, bots, scrapers, or similar technologies to access, monitor, or copy any content from our Website.
• Impersonating any person or entity or falsely representing your affiliation with any person or entity.
• Placing fraudulent orders, submitting false payment information, or engaging in any form of payment fraud.
• Interfering with or disrupting the integrity or performance of the Website or the data contained therein.
• Using the Website to advertise or solicit any commercial products or services without our prior written approval.
• Violating any applicable federal, state, or local laws or regulations, including those administered by the Federal Trade Commission (FTC).
• Circumventing or attempting to circumvent any security features of the Website.
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Website.

We reserve the right, in our sole discretion, to terminate or restrict your access to the Website and services if we determine that you have violated any of these prohibitions, without prior notice and without liability.

4. Account Registration

Certain features of our Website may require you to create an account. When you register for an account, you agree to provide accurate and complete information and to keep this information updated. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

We reserve the right to refuse registration, cancel accounts, or remove or edit content in our sole discretion. You may not transfer your account to any other person or entity without our prior written consent.

If you suspect that your account has been compromised or that there has been unauthorized access to your account, you must notify us immediately at [email protected]. We will not be liable for any losses arising from unauthorized use of your account.

5. Online Ordering and Payment Terms

5.1 Placing Orders

When you place an order through our Website, you are making an offer to purchase the selected food items and services at the stated prices. We reserve the right to accept or decline any order at our sole discretion. An order is confirmed only upon our receipt and acknowledgment of the order, which may be communicated via email confirmation or on-screen notification.

Prices listed on the Website are in United States Dollars (USD) and are subject to change without notice. All applicable taxes, fees, delivery charges, and gratuities will be clearly disclosed at the time of checkout prior to the completion of your order.

5.2 Payment Methods

We accept various forms of payment as indicated on our Website at the time of checkout. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided.
• The payment information is accurate and complete.
• You authorize us to charge the applicable fees to your designated payment method.

5.3 Pricing and Taxes

All prices are subject to applicable federal, state, and local sales taxes, which will be calculated and added to your order total at checkout. We make every effort to ensure that pricing displayed on the Website is accurate; however, in the event of a pricing error, we reserve the right to cancel or correct the affected order.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you experience an issue with your order, including incorrect items, missing items, or quality concerns, please contact us immediately at [email protected]. We will review each situation on a case-by-case basis and, at our sole discretion, may offer a replacement, store credit, or refund where appropriate.

5.5 Delivery Terms

Delivery availability, areas, estimated times, and associated fees are subject to change without notice. Estimated delivery times are provided as approximations only and may be affected by factors beyond our control, including traffic, weather, and operational demands. We are not liable for delays in delivery that are outside our reasonable control.

6. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, menu designs, software, and the overall compilation of the Website (collectively, the "Content"), is the exclusive property of Dewey's BBQ or its content suppliers and is protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and other applicable intellectual property statutes.

The Dewey's BBQ name, logo, trade dress, and all related marks, designs, and slogans are trademarks or registered trademarks of Dewey's BBQ. Nothing in these Terms shall be construed as granting any license or right to use any trademark displayed on the Website without the express prior written permission of Dewey's BBQ.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes only, subject to these Terms. This license does not permit you to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its Content for commercial purposes.
• Modify, adapt, translate, or create derivative works based upon any Content without our express written consent.
• Remove or alter any copyright, trademark, or other proprietary notices from any Content.
• Frame or mirror any Content on any other website or server without our prior written authorization.
• Use any data mining, robots, or similar data gathering and extraction methods in connection with the Website.

Any unauthorized use of the Content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. We reserve all rights not expressly granted in these Terms.

7. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS AVAILABLE THROUGH IT 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.

DEWEY'S BBQ EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
• WARRANTIES OF TITLE OR NON-INFRINGEMENT.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY INFORMATION PROVIDED ON THE WEBSITE.
• WARRANTIES THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED.

While we endeavor to provide accurate nutritional information, allergen details, and ingredient listings, we cannot guarantee that such information is always complete, current, or free from error. Customers with food allergies, dietary restrictions, or other medical concerns are strongly encouraged to contact us directly before ordering to verify ingredient information. Dewey's BBQ is not responsible for any adverse reactions, illness, or injury arising from consumption of our food products by individuals with known or unknown allergies or dietary restrictions.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, our warranties are limited to the greatest extent permitted by applicable law.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION APPLICABLE FEDERAL AND STATE CONSUMER PROTECTION LAWS, DEWEY'S BBQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL.
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES.
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN.
• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH OUR WEBSITE BY ANY THIRD PARTY.
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.

IN NO EVENT SHALL DEWEY'S BBQ'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DEWEY'S BBQ IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

The limitations of liability set forth in this section are fundamental elements of the basis of the bargain between Dewey's BBQ and you. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless Dewey's BBQ, its parent company, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, and service providers 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 or any applicable law or regulation.
• Your use of the Website or our services, including any orders placed through the Website.
• Your User Content or any content you submit, post, or transmit through the Website.
• Your violation of any third-party rights, including without limitation any intellectual property rights or privacy rights.
• Any misrepresentation made by you.
• Any dispute or claim brought by a third party arising from your actions or omissions.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses. You agree not to settle any such matter without the prior written consent of Dewey's BBQ.

10. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Website and services, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent that our operations involve the collection of personal information from residents of California, we comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as applicable. Residents of California may have specific rights regarding their personal information, including the right to know, delete, and opt out of the sale of personal information.

We comply with all applicable federal consumer protection laws administered by the Federal Trade Commission (FTC), including regulations relating to unfair or deceptive acts or practices in connection with the collection and use of consumer data.

11. Third-Party Links and Services

The Website may contain links to third-party websites, services, or applications that are not owned or controlled by Dewey's BBQ. We have no control over and assume no responsibility for the content, privacy policies, practices, or terms of any third-party websites or services.

We do not endorse or make any representations about third-party websites or services. Your use of any third-party website or service is at your own risk and subject to that third party's terms and conditions. We encourage you to review the privacy policies and terms of any third-party websites you visit.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Dewey's BBQ is registered and primarily operates, without giving effect to any principles of conflicts of law. Where applicable, federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), and other relevant federal statutes shall also apply.

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 of competent jurisdiction in the applicable state where Dewey's BBQ maintains its principal place of business. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in any court of competent jurisdiction where necessary to prevent irreparable harm.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, both parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes") informally. You must first contact Dewey's BBQ at [email protected] with a detailed description of your Dispute and the relief you are seeking. We will attempt to address your concern within thirty (30) days of receipt.

13.2 Binding Arbitration

If the parties are unable to resolve a Dispute informally within thirty (30) days, either party may elect to have the Dispute finally and exclusively resolved by binding arbitration. The arbitration shall be conducted by a recognized arbitration organization under its then-current rules and procedures. The arbitration shall take place in the state where Dewey's BBQ maintains its principal place of business, or at another mutually agreed location. The arbitrator shall have the authority to award any remedy that would be available in a court of competent jurisdiction.

THE PARTIES UNDERSTAND THAT, ABSENT THIS PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT THIS AGREEMENT TO ARBITRATE IS VOLUNTARY AND MUTUALLY AGREED UPON.

13.3 Class Action Waiver

YOU AND DEWEY'S BBQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Dewey's BBQ agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek 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.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or services. We reserve the right, in our sole discretion, to terminate or suspend your access to all or any part of the Website, with or without notice, for any reason, including without limitation if we believe you have violated or acted inconsistently with the letter or spirit of these Terms.

Upon termination of your access:

• Your right to use the Website and services will immediately cease.
• Any pending orders placed prior to termination shall be fulfilled at our discretion.
• All provisions of these Terms which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.

You may also terminate your use of our Website and services at any time by discontinuing your use and, if applicable, deleting your account. Termination of your account does not relieve you of any obligations or liabilities arising prior to such termination.

15. Changes to Terms

Dewey's BBQ reserves the right to modify, update, or revise these Terms at any time in our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice such as a prominent announcement on our Website or notification via email.

Your continued use of the Website or our services after the effective date of any revised Terms constitutes your acceptance of and agreement to be bound by the updated Terms. It is your responsibility to review these Terms periodically to stay informed of any updates.

If you do not agree to any revised Terms, you must immediately discontinue your use of the Website and services.

16. Food Safety and Allergen Notice

Dewey's BBQ takes food safety seriously and adheres to applicable federal, state, and local food safety regulations, including guidelines established by the Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA).

Our food products are prepared in a kitchen environment that handles common allergens including, but not limited to, gluten, dairy, eggs, nuts, tree nuts, soy, shellfish, and other potential allergens. While we make every effort to accommodate dietary restrictions, we cannot guarantee that cross-contamination will not occur during food preparation.

Customers with known food allergies, sensitivities, or dietary restrictions should contact us directly at [email protected] before placing an order to discuss their specific needs. Dewey's BBQ assumes no liability for adverse reactions resulting from failure to disclose known food allergies or dietary restrictions at the time of ordering.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction or arbitrator, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect.

The failure of Dewey's BBQ to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver by us of any breach or default shall be deemed a waiver of any subsequent breach or default.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by Dewey's BBQ on the Website, constitute the entire agreement between you and Dewey's BBQ with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and services.

No amendment to or modification of these Terms will be binding unless made in writing and signed by a duly authorized representative of Dewey's BBQ, or posted on the Website as an updated version of these Terms.

19. Force Majeure

Dewey's BBQ shall not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including without limitation acts of God, natural disasters, pandemics, epidemics, fire, flood, war, terrorism, labor disputes, civil unrest, governmental action, changes in law or regulation, supply chain disruptions, power outages, or failures of third-party service providers.

In the event of a force majeure occurrence, we will make reasonable efforts to notify affected customers and to resume normal operations as soon as practicable under the circumstances.

20. Electronic Communications

By using our Website and services or communicating with us electronically, you consent to receive electronic communications from Dewey's BBQ. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you wish to opt out of marketing or promotional communications from us, you may do so by following the unsubscribe instructions included in such communications or by contacting us directly at [email protected]. Please note that even if you opt out of promotional communications, we may still send you transactional or service-related communications necessary for the administration of your account or orders.

21. Accessibility

Dewey's BBQ is committed to ensuring that our Website is accessible to all users, including individuals with disabilities, in compliance with applicable laws including the Americans with Disabilities Act (ADA). If you experience any difficulty accessing any part of our Website or services, please contact us so that we may assist you and work to improve our accessibility.

22. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your use of our Website, or our services, please do not hesitate to contact us using the information below:

We will make every effort to respond to your inquiry in a timely and professional manner. For urgent matters related to ongoing orders, please contact us as soon as possible using the contact details provided above.