Acceptance of Terms of Use
By clicking “submit order” or “sign in”, and entering or otherwise using our website or mobile application (bbqsmarket.com), you agree to and accept these terms and conditions. Certain products and services on our bbqsmarket.com may have additional terms that apply. If these Terms of Use are inconsistent with terms applicable to a certain product or service, those other terms will control. These Terms and other applicable conditions and notices contained herein govern your use of the bbqsmarket.com service and website. Your use of a particular bbqsmarket.com website included within the bbqsmarket.com area may also be subject to additional terms outlined elsewhere on those sites. By using, visiting, or browsing the bbqsmarket.com website(s), you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the bbqsmarket.com service or website. These Terms of Use are an ongoing contract between you and bbqsmarket.com and apply to your use of the bbqsmarket.com service and website. These Terms of Use affect your rights and you should read them carefully.
These Terms and Conditions, as well as any other product and service specific terms on our bbqsmarket.com Site, constitute your service contract (“Contract”) with Market Depot Inc and any of its owned or operated bbqsmarket.com Sites where these terms of use are posted. This contract sets forththe legaly binding terms for your use of our bbqsmarket.com Site and your purchase or use of any products or services offered on the bbqsmarket.com Site. By Accessing and using the bbqsmarket.com Site, you represent and warrant that you have the right, authority and capacity to enter the Contract and to abide by all of the terms and conditions set forth herein. You may not access into this bbqsmarket.com Site or accept this contract unless you are at least 18 years old
Accounts
In order to use certain features of the bbqsmarket.com (purchasing products OR services), you must register for an account with MARKET DEPOT and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the bbqsmarket.com does not violate any applicable law or regulation or the terms of this Contract.
You are responsible for maintaining the confidentiality of your bbqsmarket.com Account login information. You are fully responsible for all activities that are associated with your bbqsmarket.com Account (including but not limited to any purchases, use of the Site, or correspondence from your account to bbqsmarket.com). You agree to keep your username and password information confidential and not share it with anyone. You agree to immediately notify bbqsmarket.com of any unauthorized use or suspected unauthorized use of your bbqsmarket.com Account or any other breach of security. When you provide bbqsmarket.com with such notice, bbqsmarket.com will suspend or otherwise secure your Account to prevent future unauthorized activity.
Order Acceptance
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Market Depot reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the bbqsmarket.com Site are subject to change without notice. Errors will be corrected when discovered and bbqsmarket.com reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the bbqsmarket.com Site. bbqsmarket.com.COM reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at bbqsmarket.com sole discretion.
Risk of Loss
All items purchased from tbbqsmarket.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. bbqsmarket.com and its distributors/suppliers reserve the right to restrict shipments to within the Continental U.S. All orders must be placed with a residential ship-to address. Orders with P.O. Box, APO, or FPO shipping addresses will not be processed.
Product Descriptions
bbqsmarket.com attempts to be as accurate as possible. However, bbqsmarket.com does not warrant that product descriptions or other content on the bbqsmarket.com Site are accurate, complete, reliable, current or error-free. If a product offered by bbqsmarket.com is not as described, your sole remedy is to return the product. bbqsmarket.com diligently strives to provide as accurate information as possible. However, as distributors and manufacturers provide a large portion of this information, bbqsmarket.com makes no warranty expressed or implied with respect to accuracy of the information, including price, product descriptions or product specifications. Both the product and manufacturer names are used only for the purpose of identification. Shoppers are responsible for making sure the product information is correct prior to selling any products from this site with the product’s respective Manufacturers.
Permissible Uses of Site
Subject to the terms of this Contract, bbqsmarket.com grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the bbqsmarket.com Site. This license does not include the right to access or use the bbqsmarket.com Site for any of the restricted purposes set forth below. bbqsmarket.com may terminate this license at any time for any reason.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not use the bbqsmarket.com Site to place an order on behalf of yourself or a third party for resale to that third party; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the bbqsmarket.com Site, its products or its content without the express written consent of Market Depot; (c) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the bbqsmarket.com Site; (d) you shall not access the bbqsmarket.com Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (e) except as expressly stated herein, no part of the bbqsmarket.com Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Market Depot company express written consent; and (f) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the bbqsmarket.com Site without Market Depot company express written consent.
bbqsmarket.com reserves the right, at any time, to modify, suspend, or discontinue the bbqsmarket.com Site or any part thereof with or without notice. You agree that The Market Depot company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the bbqsmarket.com or any part thereof.
Intellectual Property Rights
The bbqsmarket.com contains valuable trademarks and service marks owned and used by Market Depot, including but not limited to, Market Depot, the Market Depot design logo. Any use of the Market Depot without the prior written permission of Market Depot is strictly prohibited. The arrangement and layout of the bbqsmarket.com including but not limited to, the Market Depot, images, text, graphics, buttons, screenshots, and other content or material (collectively, the “bbqsmarket.com Content”) are the sole and exclusive property of Market Depot Inc.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.
Market Depot uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these products, and other such third parties, that are not owned by us but appear on the bbqsmarket.com are the property of their respective owners.
User Content
“User Content” of the bbqsmarket.com user means any and all information and content that such user submits to Chewy by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), or uses with the bbqsmarket.com (e.g., a user profile, product review, question & answer). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (a) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (b) your User Content does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Market Depot company. Because you alone are responsible for your User Content (and not Market Depot company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Market Depot is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Market Depot may delete User Content at any time.
By submitting your User Content or using it with the bbqsmarket.com, you automatically grant, and you represent and warrant that you have the right to grant, to Market Depot an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the bbqsmarket.com , Market Depot social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
Market Depot will treat any feedback, communications, or suggestions you provide to Market Depot as non-confidential and non-proprietary. Thus, in the absence of a written Contract with Market Depot to the contrary, you agree that you will not submit to Market Depot any information or ideas that you consider to be confidential or proprietary.
Acceptable Use Policy
You agree not to use the bbqsmarket.com to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy rights, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the bbqsmarket.com to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the bbqsmarket.com or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the bbqsmarket.com, other computer systems or networks connected to or used together with the bbqsmarket.com, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the thmarktdepot.com.
We reserve the right (but have no obligation under this Contract) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Market Depot Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Market Depot Account username and password, IP address and traffic information, usage history, and your User Content.
Third Party Sites and Other Users
The bbqsmarket.com may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third-Party Sites are not under the control of bbqsmarket.com and bbqsmarket.com is not responsible for any Third-Party Sites. bbqsmarket.com provides links to these Third-Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third-Party Sites at your own risk. When you link to a Third-Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third-Party Site.
Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that bbqsmarket.com will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third-Party Sites.
Disclaimer of Warranties
bbqsmarket.com intends for the information and data contained in the bbqsmarket.com to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the bbqsmarket.com and any information contained therein is at your sole risk. NEITHER MARKET DEPOT NOR ITS THIRD PARTIES WARRANT THE ACCURACY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS MDSITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS MDSITE. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS MDSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. Accordingly, to the extent permitted by applicable law, MARKET DEPOT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.
Limitation on Liability
IN NO EVENT SHALL bbqsmarket.com.COM, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US, OR ANY INDEPENDENT CONTRACTORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH MARKE DEPOT, YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD PARTY SITES, OR YOUR INTERACTION WITH OR RELIANCE ON ANY ADVICE FROM ANY SUCH PERSON OR ENTITY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD-PARTY SITES AND ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH bbqsmarket.com.COM, ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY, OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID bbqsmarket.com.COM IN THE PRIOR 3 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Indemnity
You agree to indemnify and hold bbqsmarket.com, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, independent contractors and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the bbqsmarket.com or Products, (b) your User Content, (c) your violation of this Agreement, or (d) your interaction with such independent contractors or reliance on any advice provided by them. bbqsmarket.com reserves 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 the prior written consent of bbqsmarket.com. bbqsmarket.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Arbitration
EXCEPT FOR A CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, YOU AND MARKET DEPOT AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any and all disputes between you and bbqsmarket.com, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, affiliates, or independent contractors, (collectively for purposes of this section, bbqsmarket.com), including disputes arising from or relating to these Terms of Use, the Privacy Policy, Customer Reviews and Q&A Terms and Conditions and their interpretation or the breach, termination or validity thereof, any purchase on www.bbqsmarket.com, communications between you and bbqsmarket.com, the reliance on any advice provided by such independent contractors, or other products, programs, services or promotions provided by bbqsmarket.com . Including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration administered. Under its rules applicable to consumer disputes, in effect on the date thereof. For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). To the extent state law applies to any portion of a proceeding brought by you or us, the applicable law will be the law of the state of your residence, as determined based on your shipping address on file with bbqsmarket.com. Except for a demand determined by an arbitrator or court to be frivolous, bbqsmarket.com will pay up to $5,000 in costs and expenses that otherwise might be due by you under the consumer arbitration rules. At your election, the arbitration will take place in the county in which you reside or, if you choose, by telephone or based on the parties’ written submissions. Notwithstanding the above, you or bbqsmarket.com can bring any individual claim in small claims court consistent with the jurisdictional limitations of such court.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. bbqsmarket.com will provide such notice by e-mail to your e-mail address on file with bbqsmarket.com and you must provide such notice by e-mail to legaldept@bbqsmarket.com . During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever individual relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. This provision is a precondition to any arbitration demand.
bbqsmarket.com.COM AND YOU AGREE THAT ANY COVERED DISPUTE HEREUNDER WILL BE SUBMITTED TO ARBITRATION ON AN INDIVIDUAL BASIS ONLY. NEITHER MARKET DEPOT NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY ACTION AND THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
Notwithstanding any provision in these terms to the contrary, we agree that if bbqsmarket.com makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice to bbqsmarket.com. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts in Oneida County, New York State to resolve such claims.
Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the bbqsmarket.com. We may (a) suspend your rights to use the bbqsmarket.com (as well as your bbqsmarket.com Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the bbqsmarket.com in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your bbqsmarket.com Account and right to access and use the bbqsmarket.com will terminate immediately. You understand that any termination of your bbqsmarket.com Account may involve deletion of any User Content you may have posted. bbqsmarket.com will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your bbqsmarket.com Account or deletion of your User Content.
The provisions herein related to our intellectual property rights, user content, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and arbitration together with any other rights and obligations which by their nature are reasonably intended to survive such termination, including the end of any other aspect of the relationship between you and bbqsmarket.com, including your decision to stop purchasing from bbqsmarket.com or the cancellation or end of any participation in any service, program, or promotion offered by bbqsmarket.com, will survive any termination of these Terms of Use.
Respect for Copyright Law
bbqsmarket.com respects the intellectual property of others and asks that users of our bbqsmarket.com do the same. Except as authorized above, you are not permitted access or use of any of Market Depot Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the web site. In connection with our bbqsmarket.com, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our bbqsmarket.com who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our bbqsmarket.com, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
You may submit your counter notification to bbqsmarket.com Copyright Agent by mail or email as set forth below:
Market Depot Copyright Agent
Attn: Legal Dept
04 Kossuth Street, Rome, NY, 13440
legaldept@bbqsmarket.com
General
We reserve the right to make changes to our bbqsmarket.com, this Agreement and other service terms, such as our Privacy Policy and the Subscribe & Save Terms & Conditions, and Conditions at any time. Each time you use our bbqsmarket.com, you should visit and review the then current Terms and Policies that apply to your transactions and use of our Site. If you do not agree to be bound by the then current Terms and Policies, your sole remedy is not to use our bbqsmarket.com. If any terms of this Contract or other service terms are deeded invalid, void, or for any reason unenforceable, any such term shall be deemed severable and shall not affect the validity and enforceability of any other terms.
Our failure to exercise or enforce any right or provision of this Contract shall not operate as a waiver of such right or provision. This Agreement is governed by the laws of the State of New York without regard to conflict of law provisions. The section titles in this Contract are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Contract will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Contract, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without bbqsmarket.com prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Contract shall be binding upon assignees.
Market Depot Privacy Policy
Last updated: September 08, 2021
Market Depot, Inc and its affiliates (“Market Depot” or “MD” or “”we”, “our”, “us”) respect the privacy of our consumers. This Privacy Policy explains the type of information we collect from individuals that visit our websites (each, a “bbqsmarket.com “) or use our mobile applications (each, an “App”) where this Privacy Policy is posted or otherwise connect with us offline such as via telephone (“Offline Services”, and collectively with all Sites and Apps, the “Services” or individually, a “Service”), and how we store, use, disclose and protect such information. This Privacy Policy also provides employment applicants with information about the categories of personal information that we collect from them, and the purposes for which applicants’ personal information is used. By using or accessing our Services, you agree to the collection, storage, use and disclosure of your information as described in this Privacy Policy.
Changes to Terms of Use
bbqsmarket.com reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the links that direct you to the Terms on the bbqsmarket.com website. The most current version of the Terms will supersede all previous versions. Your use of the bbqsmarket.com website or continued use of our service after changes are made means that you agree to be bound by such changes.
Prices
We reserve the right to change prices at any time. Due to possible information misrepresentations, we may correct typographical and printing errors related to prices at any time. Shoppers should be aware that product prices can and do fluctuate as a result of a supplier changing their wholesale pricing. bbqsmarket.com has no control over any supplier’s pricing policies and therefore cannot guarantee any item will remain any particular price for any period of time. We reserve the full rights to fulfill or cancel the order at any point in time. Discount codes are not stackable.
Payment obligations
The Shopper understands that a valid form of payment must accompany all orders. Some of the items are extremely popular and frequently go out of stock. We allow and accept pre-orders for such items. Customers can place the order and pay for the item. As the order gets processed, they are notified with the tentative back-order date when the item would arrive in stock. The order, in turn, is placed with the manufacturer in the name of a customer. This way, we are able to ensure that the item is reserved for the customer and will be shipped to the customer when it arrives in stock. Payment also helps in maintaining the backorder queue for that particular item. Orders are always processed on a First Come First Serve basis. If the customer does not want to stay on the back order, they can notify us and the order will be canceled and the full amount is refunded back to their credit card.
Warranty
All warranties for products purchased through comstrom.com are the responsibility of the respective manufacturers. All issues, claims and questions concerning product warranties should be submitted directly to the manufacturers.
Electronic communications
By using the bbqsmarket.com service, you consent to receiving electronic, phone, and/or mail communications from bbqsmarket.com. These communications will include notices about your account (e.g., shipping and receiving e-mails) and information concerning or related to our store. These communications are part of your relationship with bbqsmarket.com and you are entitled to receive them as part of the bbqsmarket.com subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Account access & identity protection
In order to provide you with ease of access to your account, bbqsmarket.com.COM will place a cookie (a small text file) on any computer from which you access the bbqsmarket.com website. When you revisit the bbqsmarket.com website, this cookie will enable us to recognize you as a previous user or as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Users of public or shared computers should log out at the completion of each visit to the bbqsmarket.com website. If you find that you’re a victim of identity theft and it involves a bbqsmarket.com account, you should notify our customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. bbqsmarket.com reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. bbqsmarket.com is not obligated to credit or discount a membership for holds placed on the account by either a representative of bbqsmarket.com or by the automated processes of bbqsmarket.com.
