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Terms of Use

Welcome To Our Site

Welcome to Back Yard Burgers Terms of Use for www.backyardburgers.com and websites linked to therein (collectively, the "Site" or "Website"). By using this Website, you agree to be bound by the terms and conditions set forth in these Terms of Use. If you do not agree to these Terms of Use, you may not use this Website. We may update or modify these Terms of Use or modify our Website at any time. Modifications will be incorporated into these Terms of Use and will automatically be effective two (2) days after they are initially posted on the Website. Please check these Terms of Use periodically for changes. Your continued use of this Website following the posting of changes to the Terms of Use constitutes acceptance of those changes.

Scope of Use

Back Yard Burgers invites you to view, use and download small portions of the content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your personal, non-commercial use, provided that you leave all the copyright, trademark and other proprietary notices intact. You shall not modify, display, distribute or perform the Website or any portion thereof without our written permission. Certain features of this Website may be subject to additional policies, all of which are incorporated herein by reference.

User Submissions

By submitting content to the Website (such as by completing Feedback Forms), you grant Back Yard Burgers a perpetual, irrevocable, worldwide, royalty-free, sub licensable (through multiple tiers) license to use, reproduce, cache, store, modify, publicly perform, publicly display, distribute and transmit such content for any purpose, and waive any moral rights and publicity rights in such content. Any feedback information sent to Back Yard Burgers connection with the Back Yard Burgers Websites shall be deemed to be provided on a non-confidential basis. If you wish to forward confidential information, arrangements should be made in advance with an authorized Back Yard Burgers representative, and can only be submitted to Back Yard Burgers under terms and conditions agreed to in writing.

Co-Branded Areas of This Website

Your correspondence or business dealings with, or purchase of products or services from, any affiliate that operates as part of our Websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such affiliate. You agree that Back Yard Burgers shall not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings or as the result of the presence of such affiliates on this Website.

No Warranties

THE BACK YARD BURGERS WEBSITE INFORMATION IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. BACK YARD BURGERS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO BACK YARD BURGERS OR ANY WEBSITE INFORMATION ACCESSIBLE BY YOU USING BACK YARD BURGERS INTERNET SERVICES. WE RESERVE THE RIGHT TO ADD, DELETE, CHANGE, OR MODIFY THE WEBSITE INFORMATION AT ANY TIME WITHOUT NOTICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEB SITE AND THE CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE IS AT YOUR SOLE RISK.
 
 Back Yard Burgers does not warrant or guarantee (1) the accuracy, adequacy, quality, correctness, validity, completeness, or suitability of any Website information for any purpose; or (2) that any Website information will be free of infection by viruses, Trojan horses, or anything else manifesting contaminating or destructive properties. The entire risk as to the accuracy, adequacy, completeness, correctness, or validity and quality of any Website information is with the USER. Back Yard Burgers will not be responsible if any Website information infects or contaminates your system or information. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights, and you may also have other legal rights which vary from state to state.

Limitation of Liability

BACK YARD BURGERS, ITS SUPPLIERS AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE AND THE CONTENT, PRODUCTS AND SERVICES AVAILABLE THEREIN, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT, PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THE WEB SITE; LOST DATA; OR DELAYS, BREAKDOWNS OR INTERRUPTIONS IN YOUR USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, DELAYS, BREAKDOWNS OR INTERRUPTIONS DUE TO PROBLEMS WITH PHONE LINES OR MODEMS, ACTS OF GOD, FAILURE OF A TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE SERVICE, OR THEFT OR UNAUTHORIZED ACCESS TO THE WEBSITE AND CONTENT, PRODUCTS AND SERVICES THEREIN). Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Proprietary Rights

Copyright 1998-2021 BACK YARD BURGERS. All rights reserved. Back Yard Burgers documents available from the World Wide Web are protected by the copyright laws of the United States and International Treaties. Reproduction or storage of materials retrieved from this service is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. BACK YARD BURGERS With Design is the subject of U.S. Service Mark Reg. No. 1,247,369 and BACK YARD BURGERS is the subject of U.S. Service Mark Reg. No. 2,112,007. Any other brand and product names are either other marks of Back Yard Burgers or may be trademarks of their respective owners.

Links

This Website may contain links to Websites operated by other parties. Back Yard Burgers does not make any representation regarding any third party Websites that may be linked to the Back Yard Burgers Websites. Such linked Websites are independent of the Back Yard Burgers Websites and Back Yard Burgers does not have any control over the content and/or use of any such Website. In addition, any link by Back Yard Burgers to any third party Website is not and does not imply an endorsement by Back Yard Burgers of that particular Website. Unless otherwise set forth in a written agreement between you and Back Yard Burgers, you may link your website to the home page of our Website, provided that you adhere to the following linking policy: (i) any link to Back Yard Burgers Website must be a text only link and clearly marked "Back Yard Burgers Site," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Back Yard Burgers names and trademarks, (iii) the link must "point" to the URL www.backyardburgers.com and not to other pages within the Back Yard Burgers Website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Back Yard Burgers, Inc., and (v) Back Yard Burgers reserves the right to revoke its consent to the link at any time and in its sole discretion.

Forward-Looking Statements

The statements in this Website regarding our business which are not historical facts constitute "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. These statements are subject to risks and uncertainties that could cause our actual operating results to differ materially. Such risks and uncertainties include management challenges resulting from our growth, the sensitivity of our business to general economic conditions and the highly competitive markets in which we operate.

E-mail

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.

Employment Opportunities

Back Yard Burgers is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, sex, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law. Back Yard Burgers encourages all qualified applicants to apply.

Violations and Additional Policies

Back Yard Burgers reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including suspending or blocking your access to the Website. Please see our Privacy Policy for our policies regarding privacy, which is incorporated herein by reference.

Governing Law, Location and Miscellaneous

The Back Yard Burgers Website is operated by Back Yard Burgers from its offices in Tennessee. The laws of the State of Tennessee shall govern these Terms of Use, without reference to its choice of law rules. Back Yard Burgers makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Back Yard Burgers Website from territories where the content of the Back Yard Burgers Website may be illegal is prohibited. Those who choose to access the Back Yard Burgers Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use and all policies and documents incorporated herein by reference constitute the entire agreement between Back Yard Burgers and you with respect to the subject matter herein.


Arbitration

Any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that to the extent you have violated or threatened to violate Back Yard Burgers intellectual property rights, Back Yard Burgers may seek injunctive or other appropriate relief in any state or federal court in the state of Tennessee. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Nashville, Tennessee, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Questions

If you have any questions about our Terms of Use, please contact us.