"These Service Terms," in total, are a legal agreement between you and SRBQ LLC doing business as Silk Road BBQ (“SRBQ”) that governs your access to and use of Online Ordering as a purchaser of merchandise, food, or services. Please review this entire document before you decide whether to accept it and continue with the registration process.

BY CLICKING "YES" ON THE REGISTRATION PAGE, YOU AGREE TO BE BOUND BY THESE SERVICE TERMS.

1. Certain Defined Terms
The following defined terms appear in these Service Terms.
"You", “you” or "Buyer": A Customer that applies to, or registers to use, or uses, the Service.
"SRBQ Web Site": The web site pages of SRBQ.
"Service": The Online Ordering service, described in these Service Terms.

2. Requirements for Registration
In order to use the Service, you must complete all required information elements on the Service registration web pages. You must provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit you to continue to use the Service.

We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.

By agreeing to these Service Terms, you represent that you are 18 years old or older, and capable of entering into a legally binding agreement.

3. Payment Transaction Processing
The Service facilitates the placing of online food orders for purchase between you and SRBQ.

4. Limitations on the Use of Service
We may establish general practices and limits concerning use of the Service, including without limitation individual or aggregate transaction limits on the dollar amount or number of Payment Transactions during any specified time period(s). We reserve the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability. We may decline to process any requests arising from this Service without prior notice.

We do not warrant that the functions contained in the Service will be uninterrupted or error free, and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the Service).

We may limit or suspend your use of the Service at any time, in our sole and absolute discretion. If we suspend your use of the Service, we will attempt to notify you by electronic mail. Suspension of your use of the Service will not affect your rights and obligations pursuant to these Service Terms arising before or after such suspension.

5. Username and Password Information
You are responsible for: 1) maintaining the confidentiality of your username and password, 2) any and all transactions by persons that you give access to or that otherwise use such username or password, and 3) any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Service of which you have knowledge.

9. Privacy
You understand and agree that personal information provided to us in connection with the Service is subject to the Service’s Privacy Policy.

6. Use of Electronic Communications
We may communicate with you regarding the Service by means of electronic communications, including (a) sending electronic mail to the email address you provided during registration, or (b) calling the mobile phone number that you provided during registration. You agree that we may communicate with you by means of electronic communications the following: these Service Terms (and revisions or amendments), notices or disclosures regarding the Service, payment authorizations, and any other matter relating to your use of the Service.

You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by you when we send the electronic communication to the email address you provided at the time of registration or as revised by you thereafter in accordance with these Service Terms.

For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact us through the Website’s feedback link to request another electronic copy of the electronic communication without a fee; (b) you may request a paper copy of such an electronic communication; (c) we reserve the right to terminate your use of the Service if you decline or withdraw consent to receive electronic communications from us.

7. Disputes
You agree to release, SRBQ, other SRBQ affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that you will not involve SRBQ in any litigation or other dispute arising out of or related to any transaction in connection with the Service. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of SRBQ and other SRBQ affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in these Service Terms shall constitute a waiver of any rights, claims or defenses that you may have with respect to a Payment Transaction under your card issuer agreement, the card association rules or applicable state and federal laws, such as the federal Truth in Lending Act or the Electronic Fund Transfer Act.

8. Termination of Service
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of these Service Terms or other policies we may establish from time to time. Upon termination of your use of the Service, you remain liable for all Payment Transactions and any other obligations you have incurred. Upon termination, we have the right to prohibit your access to the Service, including without limitation by deactivating your username and password, and to refuse future access to the Service by you (or your relatives or known acquaintances or if a business entity, its parent, affiliates or subsidiaries or its or their successors).

9. Indemnification
You agree to indemnify, defend and hold harmless SRBQ and their subsidiaries and other affiliates, and its directors, officers, owners, agents, employees, information providers, licensors, licensees, consultants, contractors and other applicable third-parties from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) your use of the Service; (ii) any breach or non-compliance by you of any term of these Service Terms or any of SRBQ’s policies; (iii) any dispute or litigation caused by your actions or omissions; or (iv) your negligence or violation or alleged violation of any law or rights of a third party.

10. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SRBQ, AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS (COLLECTIVELY, "SRBQ PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE. EACH SRBQ PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SRBQ PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE SRBQ PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICE.

11. Limitations of Liability; Force Majeure
IN NO EVENT SHALL ANY SRBQ PARTY BE RESPONSIBLE OR LIABLE TO BUYER OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY SRBQ PARTY OR THE SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE SRBQ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE SRBQ PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE NET FEES SRBQ HAS ACTUALLY RECEIVED AND RETAINED FROM THE BUYER’S VALID PAYMENT TRANSACTIONS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into these Service Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no SRBQ Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

12. Jurisdiction; Governing Law
These Service Terms shall be governed by the laws of the Commonwealth of Massachusetts, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Middlesex or Suffolk counties, MA.

13. Notice
In addition to the electronic communications authorized under the Section entitled, “Use of Electronic Communications”, statements, notices and other communications to Buyer may be made by email, postings on the SRBQ Web Site or other reasonable means. We may also provide notices of changes to these Service Terms or other matters by displaying links to notices on the SRBQ Web Sites. Notice to SRBQ may be made by email by clicking the “Feedback” link on the SRBQ Web Site.

14. Modification of these Service Terms
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Service Terms at any time by posting notification on the SRBQ Web Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service.

15. Assignment
You may not assign these Service Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Service Terms and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Service Terms shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

16. Survival
Upon termination of your use of the Service or termination of these Service Terms for any reason, in addition to this section, all sections of this Agreement shall survive termination.

17. Other Provisions
The failure of SRBQ to exercise or enforce any right or provision of these Service Terms shall not constitute a waiver of such right or provision. If any provision of these Service Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Service Terms shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Service Terms, including SRBQ’s policies governing the Service referenced herein, constitutes the entire agreement between SRBQ and Buyer with respect to Buyer’s use of the Service. These Service Terms are not intended and shall not be construed to create any rights or remedies in any parties other than Buyer and SRBQ, and other SRBQ affiliates which each shall be a third party beneficiary of these Service Terms for Buyers, and no other person shall assert any rights as a third party beneficiary hereunder.


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