PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THE WEBSITE (THE “SITE”).
By accessing or using this Site, you agree to these terms and conditions of use. If you do not agree to these terms, please do not use this Site.
Nubby’s BBQ owns and is responsible for this Site. Nubby’s BBQ reserves the right to change the terms, conditions, and notices under which this Site is offered, including but not limited to the charges associated with the use of the Site. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE; PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Nubby’s BBQRestaurants LLC is prohibited.
COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Nubby’s BBQRestaurants LLC. The collective work includes works that are licensed to Nubby’s BBQRestaurants LLC. ©Copyright 2018, ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Nubby’s BBQRestaurants LLC, or other respective owners that have granted Nubby’s BBQRestaurants LLC the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to applicable law, notifications of claimed copyright infringement should be sent to the website’s designated agent. Nubby’s BBQRestaurants LLC respects the intellectual property of others, and we ask our users and visitors to do the same. Nubby’s BBQRestaurants LLC will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws. Upon receipt of notices complying with applicable laws, Nubby’s BBQRestaurants LLC will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Nubby’s BBQRestaurants LLC the following information. Please be advised that to be effective, the notification should include ALL of the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address and all other information reasonably sufficient to permit Nubby’s BBQRestaurants LLC to contact you;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you that the information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to: Nubby’s BBQRestaurants LLC
St. Louis MO 63123
Attn: General Counsel.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING Nubby’s BBQTHAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties (the “External Sites”). However, even if the
third party is affiliated with Nubby’s BBQRestaurants LLC, Nubby’s BBQRestaurants LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Nubby’s BBQRestaurants LLC. Nubby’s BBQRestaurants LLC has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Nubby’s BBQRestaurants LLC sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Nubby’s BBQRestaurants LLC seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Each claim or statement about Nubby’s BBQRestaurants LLC products and/or services and each claim or statement comparing Nubby’s BBQRestaurants LLC products to other products is expressly limited to the United States, unless otherwise disclosed on the Site.
Nubby’s BBQRestaurants LLC makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites. Nubby’s BBQRestaurants LLC does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Nubby’s BBQRESTAURNTS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Nubby’s BBQRESTAURANTS LLC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Nubby’s BBQRESTAURANTS LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL Nubby’s BBQRESTAURANTS LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF Nubby’s BBQRESTAURANTS LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH
THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Nubby’s BBQRestaurants LLC, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
YOUR USE OF THIS SITE SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF TEXAS AND THE UNITED STATES WITHOUT REGARD TO CHOICE OF LAW PROVISIONS. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS SITE SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN DALLAS COUNTY, TEXAS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. Nubby’s BBQRestaurants LLC failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Nubby’s BBQRestaurants LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Nubby’s BBQRestaurants LLC makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Texas do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Texas.
Nubby’s BBQRestaurants LLC may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
St. Louis MO 63123