PARADISE FOR LIFE PLATINUM MEMBERS PROGRAM – TERMS & CONDITIONS (RECURRING PAYMENTS)

These Terms & Conditions are between you (“Member” or “you”) and Paradise Grills International, Inc. (“PGI,” “we,” “our,” or “us”) and apply to the Paradise for Life Platinum Members Program (“PFL Members Program”). By registering for and using the PFL Members Program, you knowingly, voluntarily and unconditionally agree to these Terms & Conditions, our Privacy Policy, and our Terms of Service, which constitute the complete and entire agreement between you and PGI governing your registration for and use of the PFL Members Program.

To register for and use the PFL Members Program, you must be at least 18 years old and a resident of the United States. If you are not a resident of the United States, please contact us at 1-800-604-2023 to discuss your potential eligibility for the PFL Members Program.

You may join the PFL Members Program online at www.paradisegrillsdirect.com, at any Paradise Grills Direct, Inc. (“PGD”) Gallery, or by calling us at 1-800-604-2023. Your registration and use of the PFL Members Program is voluntary and not required for you to make any purchase from PGI or PGD.

PGI may revise, modify, or amend these Terms & Conditions at any time in its sole and absolute discretion. Any such revision, modification, or amendment shall take effect when it is posted to our website (www.paradisegrillsdirect.com). Prior to each use of the PFL Members Program, you agree to review these Terms & Conditions, our Privacy Policy, and our Terms of Service to ensure that you are aware of any changes.

PFL Members Program Benefits
Monthly Free Giveaways Benefit
Your PFL Members Program Fee, Renewals and Payments
Your Consent to Receive Electronic Communications
Our Rights of Refusal and Cancellation
Disclaimer of Warranties
Release and Limitation of Claims and Damages
Indemnification
Governing Law, Exclusive Venue, Limitations, and Waiver of Jury Trial
Interpretation and Modification
Availability of Products and Services
Other Material Provisions
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1. PFL Members Program Benefits:

The PFL Members Program is a paid membership program that provides members with the following exclusive benefits:

New Grill Island and Island Bar benefit:

Your new Outdoor Kitchen must include at least one Grill Island or Island Bar.

*The term “Outdoor Kitchen” includes Grill Islands, Island Bars and all grills, appliances, accessories, and components that are included in your Grill Island and/or Island Bar.

You will receive a credit against the total purchase price of your new Outdoor Kitchen equal to one hundred percent (100%) of the total purchase price that you paid PGI or PGD for your existing Outdoor Kitchen, excluding the sales tax and delivery/freight fee.
The total purchase price for your new Outdoor Kitchen must be at the then-current lowest advertised price listed on our website (www.paradisegrillsdirect.com) and must be at least twice the total purchase price that you paid PGI or PGD for your existing Outdoor Kitchen, excluding the sales tax and delivery/freight fee.

*You will pay the applicable sales tax and delivery/freight fee for your new Outdoor Kitchen.

PGI (or an independent delivery company) will deliver your new Outdoor Kitchen and pick up your existing Outdoor Kitchen.
You will receive a 15% purchase discount on our then-current online prices for Grill Islands, Island Bars, appliances, accessories, and components, excluding the sales tax and delivery/freight fee.
You will be enrolled in PGI’s monthly drawings for free giveaways, such as fire features, grill islands, island bars, and entertainment accessories. See below Section 2 for details.
You will receive priority pre-order opportunities for our new innovations.

To use your PFL Members Program benefits, your Membership must be active at the time of use.

2. Monthly Free Giveaways Benefit

PGI will conduct monthly drawings for free giveaways, such as fire features, grill islands, island bars, and entertainment accessories, subject to the below Terms & Conditions.

PGI is the primary coordinator and owner of monthly drawings.
You must be an active Member to participate in each monthly drawing.
Employees of PGI and their family members are not eligible for the monthly drawings.
Registering for the PFL Members Program affirms your agreement to be bound by these terms and conditions.
You agree to receive emails, text messages and phone calls from us regarding the monthly drawings.
The winning Member will be notified through email, text, and/or phone call(s). If the winner cannot be contacted or does not claim the prize within five (5) business days after receiving notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
Winners are chosen by random at the prescribed date and time. PGI will notify the winner within three (3) business days on how to claim the prize.
Winners agree to PGI’s use of their name in any publicity material regarding the monthly drawing.
No cash alternative to the prizes will be offered and the prizes are not transferable or assignable to any other person or entity.
Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
We are not responsible for inaccurate prize details supplied to any Member by any third party connected with a monthly drawing.
We reserve the right to cancel or amend the monthly drawings and these terms and conditions without notice in our sole and absolute discretion.

3. Your PFL Members Program Fee, Renewals and Payments

You agree to pay PGI an annual fee for your Membership in the amount of $175.00 (plus applicable taxes) via credit card, which you hereby authorize PGI to maintain on file for processing the payments of your annual membership fee when due. Your first annual fee is due at the time of your registration for the PFL Members Program. Your membership will automatically renew on each annual anniversary date of your enrollment in the PFL Members Program, unless you timely cancel your Membership before your next annual membership fee payment is due. Your annual membership fee is due on each annual anniversary date of your enrollment in the PFL Members Program, which you hereby authorize PGI to process for payment using your credit card on file. Your failure to timely pay any annual membership fee when due shall automatically terminate your enrollment in the PFL Members Program. Your annual membership fee payments are non-refundable for any reason whatsoever.

To timely cancel your Membership, you must notify us of your cancellation no later than thirty (30) days prior to your next annual renewal date through your Membership account, by calling us at 1-800-604-2023, or by notifying us in writing at Paradise Grills International, Inc., Attn: Legal Department, 640 Ocoee Business Parkway, Suite 80, Ocoee, Florida 34761.

ALL PAID ANNUAL MEMBERSHIP FEES ARE FINAL AND NON-REFUNDABLE.

PGI reserves the right, in its sole and absolute discretion, to terminate any Membership or to exclude any individual from the PFL Members Program for any reason, including, without limitation, abuse of the PFL Members Program, breach of these Terms and Conditions, fraud, misrepresentation or other conduct detrimental to the interests of PGI.

B. Updating Your Account Information

To allow us to complete your transactions and contact you as may be necessary, you agree to promptly update your Member account information, including your email address, cell phone number, billing address and credit card numbers and expiration dates. Please update your information through your Membership account, by calling us at 1-800-604-2023, or notifying us in writing at Paradise Grills International, Inc., Attn: Legal Department, 640 Ocoee Business Parkway, Suite 80, Ocoee, Florida 34761. PGI shall not be liable for any of your communications to us that are lost, delayed or misdirected.

C. Electronic Signatures

By registering for and using the PFL Members Program, you affirm your consent to receiving Electronic Communications from us, and your agreement that we may send electronic communications to your email address and/or cell phone number.

D. Hardware and Software Requirements

To receive Electronic Communications, you must ensure that you are able to receive information electronically and retain it. You must have a computer system with an Internet Web browser capable of 128-bit encryption and Adobe Acrobat Reader in order to receive disclosures electronically. Further, you must have a printer capable of printing any disclosure or statement that are made available on our website and/or emailed to you, and/or have the ability to electronically save or have sufficient electronic space to store such documents.

E. Requesting Paper Copies

We will not send you a paper copy of any Communication from us, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic communication by printing it yourself or by requesting that we mail you a paper copy. To request a paper copy, at no charge to you, please call us at 1-800-604-2023.

F. Compliance with United States Laws

By registering for and using the PFL Members Program, you affirm that you are consenting to a transaction affecting interstate commerce subject to the federal Electronic Signatures in Global and National Commerce Act (the “Act”), and that you and we both intend for the Act to apply to the greatest extent possible to authorize our conducting of business and communications with you by electronic means.

5. Our Rights of Refusal and Cancellation

We reserve the right to refuse any order or any part of any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Member account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, and/or cell phone number provided in your Membership account. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or for the benefit of any person or entity other than the Member. Further, we reserve the right to verify the validity of all orders and cancel any order if we find evidence of fraud, tampering and/or any other violation of these Terms & Conditions. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of these Terms & Conditions.

6. Disclaimer of Warranties

To the fullest extent permissible under applicable law, PGI and its subsidiaries, affiliates (including without limitation, PGD), owners, directors, officers, employees, agents, contractors, interns, suppliers, vendors, service providers, and licensors (collectively, the “PGI Parties”) do not make and hereby disclaim any and all warranties, representations, endorsements, or conditions of any kind or nature whatsoever, either express or implied, as to: (1) our Websites and content (including without limitation, www.paradisegrillsdirect.com); (2) the products and services sold by PGI or PGD, (3) user Content on our Websites; and (4) security associated with the transmission of information to any of the PGI Parties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, durability, title, custom, trade, quiet enjoyment, system integration, freedom from computer virus, or non-infringement, and as to quality, availability, and subject matter of content. Nothing herein shall be construed to affect any manufacturer’s warranty that may be included with your product purchase.

THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF HEREOF.

Although PGI uses reasonable efforts to ensure that all software provided at our websites is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system. To the fullest extent permissible by applicable law, the PGI Parties disclaim all warranties: (1) that our Websites will meet your requirements; (2) that our Websites or access to them will be uninterrupted, timely, secure, or free of errors or omissions; (3) that defects will be corrected; (4) that our Websites or the servers hosting them will be free of viruses, other harmful code or components; or (5) that our Websites or their content will continue to be available. You agree that from time to time we may disable our Websites for indefinite periods of time or shut down our websites at any time, without notice to you. You agree that the PGI Parties shall have no liability for any such issues.

Your access to, use of, and/or participation in our websites, or inability to access, use, or participate, is solely at your own risk. The PGI Parties do not represent or warrant that your use of materials displayed on our Websites will not infringe rights of third parties. Information published at our Websites may refer to products, programs or services that are not available in your state or country. Without limiting the foregoing, and to the fullest extent permitted by applicable law, our Websites and their content and all products and services sold by PGI or PGD (except as otherwise expressly provided in an applicable manufacturer’s warranty) are provided “AS IS”, “as available,” and “with all faults”.

If you are dissatisfied with our Websites, you agree that your sole and exclusive remedy is to discontinue accessing and using them. By accessing or using our Websites, you represent and warrant that your activities are lawful in every jurisdiction where you access or use our Websites. The PGI Parties do not warrant that your use of our Websites is lawful in any particular jurisdiction, and the PGI Parties specifically disclaim such warranties.

Some jurisdictions may not allow exclusion of implied warranties, so some of the above exclusions may not apply to you.

7. Release and Limitation of Claims and Damages.

To the maximum extent permitted by applicable law, you agree that under no circumstances, (including without limitation, claims based on negligence, gross negligence, breach of contract, breach of warranty, statutory liability, regulatory liability, strict liability, third-party liability or any other theory of law) shall any of the PGI Parties be liable to you or anyone else for any injury, loss, claim, or incidental, indirect, special, reliance, general, ordinary, nominal, pain and suffering, exemplary, punitive, or consequential damages (collectively, “Damages”) that result from the use of or inability to use our Websites, nor shall any of the PGI Parties be responsible for any Damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond a PGI Parties’ reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to our Websites’ records, programs, or services. Under no circumstances, (including without limitation, claims based on negligence, gross negligence, breach of contract, breach of warranty, statutory liability, regulatory liability, strict liability, third-party liability or any other theory of law) shall any of the PGI Parties be liable for any Damages of any kind that result from the use of, or the inability to use, our Websites, even if any of the PGI Parties have been advised of the possibility of such damages or should have known of the possibility of such damages. The PGI Parties’ maximum liability to you in any way related to or based upon your purchase (including without limitation, claims based on negligence, gross negligence, breach of contract, breach of warranty, statutory liability, regulatory liability, strict liability, third-party liability or any other theory of law) shall not exceed one-hundred seventy five dollars ($175.00), inclusive of all Damages of any nature whatsoever, attorneys’ fees and court costs.

By using our Websites, you hereby release the PGI Parties from any and all claims, damages or losses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, that you may have against them arising out of or in any way relating to our Websites.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental, consequential, or other damages; as a result, the above limitation or exclusion may not apply to you.

By accessing our Websites, you may be waiving rights with respect to claims that are then contingent, known or unknown, suspected or not suspected, or concealed or hidden, unknown or unsuspected, and you expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

8. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold the PGI Parties harmless from and against any and all claims, demands, costs, investigations, liabilities, judgments, settlements and expenses, including reasonable attorneys’ fees and court costs, made by any third party, due to or, directly or indirectly, arising out of or directly or indirectly related to: (A) your User Content; (B) your use or misuse of our Websites or activities in connection with our Websites; (C) your breach or anticipatory breach of these Terms or Conditions, our Privacy Policy, or our Terms of Service; (D) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (E) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, moral or artist rights, trade secret, trade dress, patent, publicity, privacy or other rights of any person or similar matter; (F) any misrepresentation made by you; or (G) the PGI Parties’ use of your information as permitted under these Terms and Conditions, our Privacy Policy, our Terms of Service, or any other written agreement between you and PGI. The PGI Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such cases you agree to cooperate with us to defend such claim. You will not in any event settle any claim without the prior written consent of a duly authorized employee of PGI.

9. Governing Law, Exclusive Venue, Limitations, and Waiver of Jury Trial

These Terms & Conditions shall be exclusively governed by Florida law (except any choice of law rule directing application of another state’s laws) and the mandatory and exclusive jurisdiction venue for any litigation or dispute in any way directly or indirectly related to, arising from, or based upon your Membership or your use of our Websites shall be in Orlando, Florida, to the exclusion of all other venues. You and PGI: (i) may file claims in any way directly or indirectly related to, arising from, or based upon your Membership or your use of our Websites in their individual capacity ONLY, and not as plaintiff or member in any class, representative or consolidated action; and (ii) waive the right to claim or recover any incidental, indirect, special, reliance, general, ordinary, nominal, pain and suffering, exemplary, punitive, or consequential damages (collectively, “Damages”). PGI’s maximum liability to you in any way directly or indirectly related to, arising from, or based upon your Membership or your use of our Websites (including without limitation, claims based on negligence, gross negligence, breach of contract, breach of warranty, statutory liability, regulatory liability, strict liability, third-party liability or any other theory of law) shall not exceed one-hundred seventy five dollars ($175.00), inclusive of all Damages of any nature whatsoever, attorneys’ fees and court costs.

WAIVER OF JURY TRIAL. YOU AND PGI HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR CLAIMS in any way directly or indirectly related to, arising from, or based upon your Membership or your use of our Websites.

10. Interpretation and Modification

If any provision (or part thereof) of these Terms & Conditions is held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then that provision (or part thereof) will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any unenforceable provisions of these Terms & Conditions will be construed in a manner to reflect, as nearly as possible, the original intention of the parties consistent with applicable law. These Terms (and the links contained herein) state the entire agreement between the parties relating to your Membership and your use of our Websites.

All prior or contemporaneous oral or written agreements, promises, communications, representations, and inducements made by any PGI employee or representative to you are hereby cancelled and extinguished, and shall not be binding on PGI nor relied upon by you for any purpose whatsoever. No modification of these Terms & Conditions shall be legally valid or binding unless memorialized in a written Addendum signed by both you and PGI’s authorized representative. Any attempted or purported verbal modification to these Terms & Conditions is legally void, invalid and non-binding. No provision of these Terms & Conditions can be waived or modified by verbal agreement, including, without limitation, the terms of this Section.

11. Availability of Products and Services

Availability of products on our Websites are subject to change without notice. Products displayed on our Websites may be found online while supplies last. We have made reasonable efforts to display accurate images of the products found on our Websites; however, we cannot guarantee that your computer monitor’s display of any images will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis in our sole and absolute discretion. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at any time without notice, at our sole and absolute discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on our Websites is void where prohibited.

Full use of certain products and services, including remote access and mobile notifications, is dependent on, among other things, the transmission of data through your wi-fi network, enabled wireless device (such as a phone or tablet), Internet access, and use of a device with compatible software. The functionality of your device may influence performance of our Websites and our products and services, and it is your responsibility to ensure your device’s functionality and compatibility with our Websites. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

12. Other Material Provisions

The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms & Conditions or to exercise any right under the Terms & Conditions shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms & Conditions.
If a court of competent jurisdiction (or other decision-maker with jurisdiction) should determine that any provision (or part thereof) of these Terms & Conditions is overbroad, unfair, or unreasonable, such provision (or part thereof) shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad, unfair, or unreasonable.
The Section titles contained herein are inserted only as a matter of convenience and have no legal or contractual effect.
We may assign our rights and obligations under these Terms & Conditions to any party at any time without any notice to you and upon such assignment we may be relieved of any further obligation hereunder. These Terms & Conditions may not be assigned by you without PGI’s prior written consent, and any unauthorized assignment and delegation by you is void. You represent and warrant to us that you have the authority to register for and use the PFL Membership Program and our Websites according to these Terms & Conditions.
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party. All provisions of these Terms & Conditions shall be construed according to their plain and ordinary meaning.
No amendment to or modification of these Terms& Conditions, or action, or delay, will be binding unless in writing and signed by you and PGI’s authorized representative.
All provisions of these Terms & Conditions that would logically survive termination of your Membership will survive the termination of your Membership (including without limitation, the Disclaimer of Warranties; Release and Limitation of Claims and Damages; Indemnification; and Governing Law, Exclusive Venue, Limitations, and Waiver of Jury Trial.
The communications between you and us use electronic means, whether you visit our Websites or send us emails or other electronic communications, or whether we post notices on our Websites or communicate with you via email or other electronic communications. You (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PGI provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
PGI shall not be liable to you for any delay, failure to perform, including failure to deliver purchased products or services, or any loss or damage due to any delays caused in whole or in part by circumstances beyond PGI’s control, including, without limitation: product shortages or back-orders; transportation delays; shipment delays; accidents; fire; flood; earthquake; storm; hurricane; natural disaster or any other casualty; fuel shortages; supplier shortages; labor shortages; disputes or strikes; civil disorders; governmental orders or actions; pandemics; or acts of war or terrorism.
These Terms & Conditions constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings.

13. Contact Us

If you have any questions about your Membership or these Terms & Conditions, please call us at 1-800-604-2023 or write to us at Paradise Grills International, Inc., Attn: Legal Department, 640 Ocoee Business Parkway, Suite 80, Ocoee, FL 34761.

Although we welcome your comments, please do not send us any unsolicited creative ideas, original materials, or suggestions relating to products or marketing plans. You acknowledge that PGI may be working on or developing material similar or the same in nature and that PGI may have received similar or the same intellectual property rights from another party. PGI shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to our Websites. PGI owes you no obligation connected to your submissions. Any discussion or negotiations between you and PGI regarding your submissions does not constitute recognition of the novelty or originality of your submission.

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