Terms & Conditions

GENERAL TERMS OF USE

Please Read These Terms, Conditions And Legal Restrictions Carefully Before Using This Web Site. By accessing, viewing, using, distributing or downloading materials from the Site, you unconditionally agree to be legally bound by these Terms of Use (the “Agreement”) and all other terms, conditions and notices contained or referenced in the Site. This Site is owned and operated by the Company.

Definitions

“Company” means MAK GRILLS, LLC.
“Site” means this web site or the web site of any one of MAK GRILLS, LLC’s subsidiaries or affiliated companies, as appropriate.
“MAK GRILLS” means MAK GRILLS, LLC, and its subsidiaries and affiliated

1. Binding Agreement

Use of this Site is available only to those users who are in compliance and agreement with these terms and conditions of use as well as the other terms and conditions referenced elsewhere on this Site, including the Privacy Statement. Please note that by accessing, viewing, using, or downloading materials from the Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.

2. License and Site Access

Subject to these terms and conditions and all applicable laws and regulations, the Company grants you a non- exclusive, non-transferable, personal, limited license to download, access, view, use and display this Site and the text, graphics, content, information, audio, video and other services (the “Materials”), which the Company makes available to you from time to time on the terms and conditions set forth in this Agreement. This authorization is not a transfer of title to the Site or the Materials contained herein, and any downloading, modification, reproduction, copying or redistribution for commercial purposes of any information or Materials or design elements of the Site is strictly prohibited without the prior written consent of the Company. Requests for permission to reproduce any information contained on this Site should be addressed to the Company at [email protected].

Notwithstanding the above, the Company authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, Site marks, and other proprietary notices and legends contained on the Site.

This license does not include the right to modify this Site, or any portion of it, except with the express written consent of the Company. Any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, encryption, or similar data gathering and extraction rules is strictly prohibited.

You agree that you will not use any robot, spider, web crawler, screen scraper, automated query program, or any other manual process or automatic device to monitor or copy the pages on the Site or the content contained herein without the Company’s written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the Site’s proper functioning. You agree that you will not take any action that places an unreasonable or disproportionately large load on the Site’s infrastructure.

You agree to all additional restrictions displayed on the Site as it may be updated from time to time. You agree to use this Site for lawful purposes only, and shall not post or transmit any information or material which in any way infringes or violates the rights of others or which is unlawful, defamatory, threatening, and invasive of privacy or publicity, obscene, harassing or otherwise objectionable.

3. Ownership

You have no ownership rights in the Site or in the Company’s Materials. Rather, you have a license to download, access, view, use and display this Site and the Materials as long as this Agreement remains in full force and effect. Unless otherwise noted, ownership of the Site and the Materials and all trademarks or intellectual property rights therein shall remain at all times with the Company or their respective owners.

4. Accounts

When you create an account on the Site, you must provide accurate, complete, and current information. You hereby certify that such information is correct. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

Account Security

You are responsible for safeguarding the password that you use on the Site and for any activities or actions under your account. The Company is not responsible if someone gains access to or hacks your account. You must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of your account.

Rules of Conduct

You agree that you will not do any of the following on the Site:

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Take action that is threatening, abusive, tortious, slanderous, malicious, derogatory, harassing, or profane;
Interfere with or disrupt the Site;
Collect or store the personal data of other users;
Violate these Terms; or
Violate any laws or encourage illegal activity.

User Content

All content submitted through your account is considered “User Content.” By providing User Content, you represent and warrant that you own and have the rights to all User Content and that the User Content does not violate any third-party rights. You further represent and warrant that the User Content is accurate, truthful, and not misleading. You hereby grant the Company a license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with the Company and the Company’s products, or other goods or services, without acknowledgment or compensation to you or to anyone else. This license granted by you in your User Content is perpetual and irrevocable.

Account Termination

Your account may be terminated at the Company’s sole discretion. Grounds for termination include, but are not limited to, the following:

A request from you to terminate the account;
Discontinuance of the Site;
Failure to make payments;
Violation or breach of these Terms;
Violations of any applicable law or rule; or
Requests by law enforcement or other government agencies.

5. Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE, MATERIALS, CONTENT, RELATED COMMUNICATIONS AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR CONTENT DISPLAYED OR DISTRIBUTED ON THIS SITE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, CONTENT, ADVICE, STATEMENT, ADVERTISEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.

THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY OF THE MATERIALS. THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE SITE (INCLUDING ANY BULLETIN BOARD OR CHAT ROOM) OR YOU’RE DOWNLOADING OF ANY MATERIALS FROM THE SITE.

THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS, INCLUDING PRICING ERRORS. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE COMPANY 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.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAW APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

6. Links to Third-Party Sites

The Company may provide on this Site, solely as a convenience to its users, 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. The Company does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Company is affiliated or associated with the linked site, 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 affiliated or associated with the Company or is authorized to use any trademark, trade name, logo or copyright symbol of the Company.

7. Third-Party Content

Any information, statements, opinions, services or other information provided by third parties and made available on this Site are those of the respective author(s) and not the Company. Company does not endorse any third party statements made on Company’s Site. Such information and the like may be updated from time to time directly by the respective authors. The disclaimer set forth above applies regardless of the updating party.

7a. Deep Linking and Framing

You are prohibited from reproducing or “framing” pages or content provided by the Company or its affiliates. You may link to internal pages within this Site, provided that you do not copy or frame the content found there.

8. Unsolicited Information Provided by You

The Company does not want you to, and you should not, send any confidential or proprietary information to the Company through this Site unless specifically requested by the Company. Please note that any unsolicited information or material sent to the Company will be deemed not to be confidential or proprietary. By submitting information and material to this Site, you grant to the Company (or warrant that the owner of such information and material has expressly granted to the Company) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that the Company is free to use any ideas, concepts, know-how, or techniques that you send to either of them for any purpose.

The Company does not want to receive, and you are deemed to agree through the use of this Site not to provide, any information or materials to the Company that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity. If you provide any such information, it is agreed that you are solely responsible and liable for any damages or other harm resulting from such submission.

You shall not upload post or otherwise make available on this Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

9. Notice of Copyright Infringement

We respect the intellectual property of others, and we ask our users to do the same. To the extent that you have provided any work and if you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide the Copyright Agent (as identified below) with the following information:

Identification of the copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material on the Site that is requested to be removed;
Your name, address and daytime telephone number, and an e-mail address if available, so that the Company may contact you if necessary;
A statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. The Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at Ryan Ellison 960 SE Monmouth Cutoff Rd Dallas OR 97338 503-623-1234 [email protected].

If the Company is notified of any claims of copyright infringement on the Site, it may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the work or material. The Company has no liability or responsibility to users for performance or nonperformance of such activities.

10. Limitation of Liability

PLEASE REVIEW COMPANY’S SEPARATE LIMITED WARRANTY FOR PRODUCT WARRANTIES AND LIABILITIES.

YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST THE REMOVAL OF YOUR CONTENT FROM THE SITE AND/OR TO DISCONTINUE ACCESSING AND USING THE SITE.

UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE OR THE MATERIALS, ANY WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

The obligations and responsibilities of the Company regarding its respective products and services, if any, are governed solely by the terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available directly from the Company.

11. Changes

All content contained herein is subject to change without notice, but the Company has no responsibility to update any information on this Site. The Company reserves the right to change or modify the terms and conditions applicable to the use of this Site at any time. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the Site. Any use of the Site after such change or modification shall be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. Because they will be binding on you, you should revisit these terms from time to time. The Company may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. The Company may also impose limits on certain features and services or restrict your access to parts of the Site without notice or liability.

12. Termination

This Agreement and the licenses granted herein will terminate automatically and without notice, if you fail to comply with any term or condition of this Agreement; provided, however, that all provisions relating to disclaimers, limitation of liability, copyright, trademarks, and other proprietary rights of the Company shall survive the termination of this Agreement.

13. International Users and Export Restrictions

This Site is administered by Company from its offices (within the United States of America.) The Company does not make any representation that all products, services or programs, if any, are available in your country or that materials published at this Site are appropriate or legally available for use at locations outside of the United States. Access to such materials from territories where their contents are illegal is prohibited. You may not use the Site or transfer, download or use any information or materials in violation of U. S. laws and regulations, including those relating to export controls. This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of the Materials or information about the Materials that may be imposed from time to time by the government of the United States. You shall not export the Materials or information about the Materials without the consent of the Company and compliance with such laws, regulations, orders or other restrictions. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws. By your use of this Site, you represent and warrant to the Company that you are in compliance with all laws applicable to your use of this Site.

14. Choice of Law and Forum

These terms and conditions of use and any dispute between you and the Company arising out of or related to this Agreement or your use of this Site (the “Disputes”) shall be construed, interpreted, and governed by the laws of the State of Oregon, U.S.A., without giving effect to its conflict of laws provisions. The state and federal courts located in Oregon shall have exclusive jurisdiction and be the exclusive venue for the Disputes and you consent to the personal and exclusive jurisdiction and venue of these courts in connection with the Disputes. You must commence any claim or cause of action that you may have with respect to the Disputes by filing only in Marion County, Oregon court within one (1) year after the claim or cause of action arises.

15. Entire Agreement

These terms and conditions shall constitute the entire agreement between the Company and you and supersedes any previous oral, written or electronic communications or documents with respect to the subject matter herein. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

16. Copyright

This Site, including all information and Materials contained in it, are copyrighted and protected by worldwide copyright, trademark and other laws and treaty provisions. You agree to comply with all copyright, trademark and other laws worldwide in your use of this Site and to prevent any copying, reproduction, modification, distribution, displaying, performing or transmission in violation thereof or of these terms and conditions. Except as expressly provided in these terms and conditions, the Company does not grant any express or implied license or third party right to you under any patents, trademarks, copyrights or trade secret information of the Company or of any third party.

17. Copyright Notice

All Web Site design, text, graphics, and the selection and arrangement thereof are the property of the Company.

18. Trademark and Site Mark Rights

All rights in the product names, company names, trademarks, trade names, Site marks, logos, product packaging and designs of the Company or third party products or web sites (“Company Marks”), whether or not appearing in large print or with the trademark symbol, belong exclusively to the Company or their respective owners and are protected under national and international trademark and copyright laws. Users are not permitted to use the Company Marks without the prior express written consent of the owner of such mark.

19. Transfer Restrictions

You shall not sublicense, transfer or assign this Agreement or any of the rights or licenses granted under this Agreement. Any attempted transfer in violation of the foregoing is void.

20. Age Requirement

The Company does not sell products or permit account registration to anyone under the age of 18. By using the Site, you represent and warrant that you are at or above the age of 18.

21. Purchasing Product

The Companies selection and pricing can be found by selecting the Grills or Accessories tab on the Home page. There may be times when listed product is unavailable due to high demand. If the product that you have ordered is out of stock, the Company will contact you to determine whether you would like to choose a replacement product or cancel your order. The Company reserves the right to modify the Company’s product selection and pricing at any time.

Offer and Acceptance

Your receipt of an order confirmation does not signify the Company’s acceptance of your order, nor does it constitute an offer to sell. The Company reserves the right, at any time after receipt of your order, to accept, modify, or decline your order for any reason. The Company will notify you if the Company modifies or declines your order.

Shipping

You are responsible for paying all shipping charges unless the Company expressly agrees otherwise. All shipping and handling fees are nonrefundable. If your product arrives damaged, please contact the Company so that the Company can provide you with a replacement.

Additional Terms and Conditions

Additional terms and conditions may apply to the purchase of a product or other goods or services, and to discounts and promotions, and by this reference, such additional terms and conditions are made a part of these Terms. You agree to be bound by such additional terms and conditions.

22. No Guarantees

The Company does not guarantee that your use of the Site will be absolutely secure. By submitting your personal information to Us, you acknowledge that there is no guarantee of security and that the Company has no liability for any interception or unauthorized access.

23. Indemnification

You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from breach of these Terms.

24. Force Majeure

The Company shall be excused from performance under these Terms if the Company is prevented, forbidden, or delayed from performing due to an event of Force Majeure. Force Majeure shall mean an occurrence beyond the Company’s reasonable control including, but not limited to, acts of God or the public enemy, terrorism, strikes, riots, shortages of labor or materials, war, flood, epidemic or pandemic, sabotage, embargo, or any governmental laws, regulations, or restrictions.

25. Waiver

No waiver of any provision, or portion thereof, of these Terms shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

26. Privacy Policy

The information that you share on the Site is subject to the Company’s Privacy Policy. For more information, please view the full Privacy Policy at https://makgrills.com/privacy-policy/.

27. Cooperation with Law Enforcement

We reserve the right to release your information if the information is subpoenaed, if the Company believes your account is being used for unlawful activity, or if the Company deems it necessary and appropriate.

28. Arbitration

Any dispute relating in any way to your use of the Site, including purchasing product on the Site, shall be submitted to confidential arbitration in Polk County, Oregon, except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court in the State of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the then effective arbitration rules of ORS 36.600 to 36.740 under Oregon law. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.