These Terms of Service (“Terms”) apply to any and all Websites (Sites”), software, or other interactive feature and online services (“Services”) owned and operated by Paradise Grills International, Inc. (“PGI” or “we” or “us”).
Please read these Terms carefully, including the below mandatory “Governing Law, Exclusive and Mandatory Venue, Limitations, and Jury Trial Waiver,” which provides that you and we agree the mandatory and exclusive jurisdiction venue for any litigation or dispute in any way directly or indirectly related to, arising from, or based upon these Terms, our Sites, or the Services is Orlando, Florida, and requires that any and all litigation or disputes are resolved on an individual and not a class-wide or consolidated basis. You affirm that you have the capacity and authority to agree to these Terms.
These Terms constitute a binding agreement between you and PGI governing your use of our Sites and the Services. All prior or contemporaneous oral or written agreements, promises, communications, representations, and inducements made by any PGI employee or representative 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 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 is legally void, invalid and non-binding. No provision of these Terms can be waived or modified by verbal agreement, including, without limitation, the terms of this Section.
NOTICE TO USER: PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE ACCESSING AND/OR USING PGI’S SITES AND/OR THE SERVICES GOVERNED BY THIS TERMS OF SERVICE. THIS TERMS OF SERVICE IS A LEGALLY BINDING AGREEMENT BETWEEN US AND YOU, THE USER OF OUR SITES AND/OR THE SERVICES (“USER”, “YOU” OR “YOUR”).
BY ACCESSING AND/OR USING OUR SITES AND/OR THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS TERMS OF SERVICE AND PGI’S PRIVACY POLICY (“PRIVACY POLICY”) (WHICH IS HEREBY INCORPORATED INTO AND MADE A PART OF THIS TERMS OF SERVICE BY THIS REFERENCE) AND THAT YOU ARE BOUND BY THIS TERMS OF SERVICE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE OR THE PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE OUR SITES OR THE SERVICES, AND YOU SHALL IMMEDIATELY CEASE ACCESSING AND USING OUR SITES AND THE SERVICES.
Social Distribution and Widgets
PGI may allow you to engage in certain personal uses of Site Content that include the ability to share Site Content with others (“Social Distribution”). For example, our Sites may allow you to send Site Content to friends, display Site Content on your personal web site or post Site Content on a third-party web site. You understand that only PGI can make claims, promises or statements on behalf of PGI about its products and services and you agree not to do so. You also agree that you will not imply that you and PGI are affiliated in any way or that PGI approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Site Content.
Similarly, our Sites may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (“Widgets”). Widgets are Site Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal web page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Site Content made available via any Widget.
NOTICE TO THIRD PARTY SITES: Any Site Content made available in connection with your web page, social networking site, or otherwise, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Site Content upon notice.