Terms and Conditions

Overview

The following terms and conditions (the "Terms," "Agreement") apply to the website https://www.plugngrill.com/ (the "Website"), owned and operated by PlugNGrill LLC ("PlugNGrill" "We" "Us" "Our") and govern your access, use of, and purchase of products from the website.

The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other rules, policies, and procedures that may be made available on the website from time to time. By visiting our website and/or making a purchase from us, you hereby agree to be bound by the Terms herein as they apply to your purchase or use of any products offered on the website either as a guest or as a registered user.

By accessing and/or using the website, you represent and warrant that you have the capacity to enter into the agreement and to abide by all of the terms and conditions set forth herein. You may not access or use this website, subscribe to our newsletter, or accept this agreement unless you agree with the terms herein. If you do not agree with all provisions of this agreement, please do not access and/or use the website, sign up for our newsletter, or purchase products through the website.

Throughout these Terms, we use "PlugNGrill," "we," "us," and "our" to refer to PlugNGrill, LLC, offering our website to you. "You" refers to you as an individual who makes use of the PlugNGrill website.

IMPORTANT NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AFFECTING YOUR LEGAL RIGHTS. PLEASE READ THE ARBITRATION CLAUSE CAREFULLY, AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PlugNGrill ON AN INDIVIDUAL BASIS, LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT OF LAW, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS.

1. Modifications and communications

We may modify these Terms at any time by posting revised Terms on our website, and if we do so, we will let you know either by posting the modified Terms on the website or through other communications, such as the mobile phone number and email address you submitted to us. We advise you to review the website periodically for updates to Terms. Use of the website following modifications to Terms constitutes your acceptance of revised Terms. You may contact us by writing to support@plugngrill.com with any queries arising from these Terms.

The contents of this website may include technical inaccuracies or typographical errors. We may publish changes to the contents without prior notice to you. We may also make improvements and/or changes in the products and services and/or the features described herein at any time without prior notice to you. We shall have the right to revise and edit these contents at any time. By linking, accessing, browsing, and/or using this website, you agree to be bound by any such revisions.

If you do not agree to be bound by the modified Terms, then you may not use the website anymore. Because our services are evolving, we may change or discontinue all or any part of the website at any time and without notice at our sole discretion.

2. PlugNGrill account: registration and security

You do not need to create an account to access or make purchases on our website. However, you may need to register and create an account to gain access to some of our content or use certain PlugNGrill services. When you register, the information you provide us during the registration process will help us offer content, service, and management of your account.

• Eligibility: You must be at least 18 years of age (or the legal age in your jurisdiction) in order to be able to use the website, and you agree to be bound by these Terms. If you are under 18, you may only access and use the website with the permission of a parent or guardian.
• Sign-up and acceptance: Signing up for an account is optional. However, to sign up, you will be required to submit certain personal information, such as your name and email address. We may also require you to provide additional information about yourself, such as your shipping and billing address, which is not compulsory to sign up for a user account.
• Account security: You are responsible for maintaining the confidentiality of your account, username, and password and for all activities associated with or occurring under your account. We encourage you not to share your account login information with any third party.

Purchases can be made on our website without an account. However, signing up for an account may provide a better purchasing/store experience through potential features like a loyalty program, purchase history tracking, and personalized promotions.

3. Intellectual property, copyrights, and trademarks

Intellectual property and copyrights: All proprietary content associated with Our website, including but not limited to product information, descriptions, pricing, page layout, images, texts, graphics, etc., constitutes Intellectual Property solely owned by PlugNGrill or its licensors. Use of our Intellectual Property without explicit authorization is strictly prohibited. Other service marks, logos, and names on this website are the property of their respective owners. Any use of the website or the contents made available to you through the website other than as specifically authorized herein without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by PlugNGrill at any time without notice and with or without cause. Despite the foregoing, we make no claim to the trademarks, copyrights, patents, or other intellectual property contained in certain third-party features, which are entirely the property of its owner, assignees, and licensees.

Permitted use and restrictions: By accepting these Terms, you are granted a limited, revocable, non-exclusive, non-transferable license to access and use our website and its services. Any rights not explicitly granted herein are reserved by us. You may not: (i) remove any copyright, trademark, or other proprietary notices from any part of the website; (ii) reproduce, modify, distribute, sell, or exploit the website in any way not expressly permitted by us; (iii) attempt to decompile or reverse engineer the website except where permitted by law; (iv) link to, mirror, or frame any part of the website; or (v) engage in any activities intended to extract data from the website or disrupt its operation.

4. Terms of sale

a) Product Description, Availability, and Pricing

• Product description: We make reasonable attempts to ensure that product descriptions are as accurate as possible. However, the actual colors you see may depend on your monitor or mobile device and may not be as accurate as we intended. Your sole remedy for a product not as described is to return it in unused condition.
• Product availability: We strive to keep our online inventory availability as accurate as possible, but sometimes, an item might unexpectedly go out of stock. In these rare cases, the unavailable items will be removed from the customer's order. We will notify the customer over email if/when any items are removed from their order. In such case, we will refund in full all amounts you paid in respect of such an unavailable item or offer you a choice to choose an alternative. If you have a question about a canceled item or order, please contact us by email at support@plugngrill.com.
• Product pricing: Although we make reasonable attempts to provide accurate pricing information about the products listed on our website, typographical errors and pricing mistakes may occur in pricing. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update price information and other information at any time without prior notice, including after you have submitted your order.
• Order and order limitations: In our sole discretion, we reserve the right to refuse or cancel an order for any reason, including errors in product pricing information, to avoid fraud and to limit the quantities of any product that may be purchased on a per-order or per person basis. By placing an order for products, you accept to pay for the products, including applicable taxes and all shipping and handling charges.

b) Payment, tax, and delivery of order

• Payment: The total cost of your order and/or purchase shall be displayed to you on the checkout page. We must receive payment in advance before processing your order. Payment for purchases on the website can be made using most major credit cards and other online payment methods made available to you at the checkout page. If you make use of a credit card to pay for your order, you must use your credit card or a credit card that you are otherwise authorized to use. All credit cardholders may be subject to validation checks by third parties and authorization by the card issuer. If the issuer of the card refuses to authorize payment or any other validation checks return adverse results, we will not accept your order, and we will not be liable for any delay or non-delivery, and we are not obliged to inform you of the reason for the refusal.
• Tax: PlugNGrill will add applicable sales/use tax on orders as may be necessary. The total price of your order is inclusive of any applicable tax.
• Order and shipping: If you order items for delivery, the terms that apply to that delivery will depend upon the item(s) you order, the delivery address, and the delivery method you select. Please see our Shipping policy for more information about our shipping practices.

5. User representation and acceptable use

You hereby represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the website will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.

You agree to use our website and services responsibly and legally. You represent that you have the right to share any content you submit.

Acceptable use: Do not share material that is illegal, harassing, threatening, invasive of privacy, hateful, racially objectionable, etc. Do not interfere with other users' enjoyment of our website. Do not attempt to gain unauthorized access to accounts or data.

Prohibited activities: You may not scrape, copy, distribute copyrighted content, spam, hack, reverse engineer, or exploit our website. Do not conceal your identity or impersonate others.

Purpose limitation: Only use our website and services for their intended purposes as described in our Terms. Do not use it for fraudulent, illegal, or harmful purposes.

Security: Do not probe, test vulnerabilities, breach security, or disrupt our services. Do not attempt to obtain other users' account information.

We aim to provide a safe, quality user experience. However, we cannot guarantee the website will be error-free or that problems will not occur. We are not liable for damages from our website or service interruptions. You shall not use our website for any other purpose than PlugNGrill's intended purpose as described herein.

6. User-generated content, comments, feedback, and other submissions

From time to time, we may permit you to submit, upload, publish, or otherwise make available textual and/or visual content and information, including reviews, to the website. However, only customers who have been verified as purchasers of a product will be permitted to leave a review of that product. If you submit any reviews, comments, photos, or other content (collectively, "User Content") to our website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and otherwise exploit such User Content (except any personal identification information) throughout the world in any media.

7. Copyright infringement and notification ("DMCA Notice")

PlugNGrill respects the rights of copyright and intellectual property owners and asks users of our website to do the same. PlugNGrill's website may not be used to transmit, retransmit, distribute, post, or store any material that violates any person's rights, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws and/or regulations.

PlugNGrill has established procedures for enforcing this. If you believe that your copyrighted work has been copied and is accessible on any part of our website in a way that constitutes copyright infringement, please contact us at support@plugngrill.com.

Notification of alleged copyright infringement

In order to be valid, the notification must be in writing and must contain the following information:

• a description of the copyrighted content or other intellectual property that you claim has been infringed;
• a statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;
• a detailed description of where this content or intellectual property is located on the website in order for us to find it;
• your address, telephone number, and email address;
• a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

Please note that (i) any person who knowingly misrepresents to PlugNGrill that material is infringing shall be liable to PlugNGrill and/or the alleged infringer for any damages (including costs and attorneys' fees) suffered or incurred by PlugNGrill and/or the alleged infringer as a result of PlugNGrill's reliance on such misrepresentation and removing or disabling access to such material. (ii) Similarly, any person who knowingly misrepresents to PlugNGrill that the material was removed or access blocked by mistake or misidentification shall be liable to PlugNGrill and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys' fees) suffered or incurred by PlugNGrill and/or the copyright owner or its authorized licensee as a result of PlugNGrill's relying on such misrepresentation and replacing such removed or blocked material.

8. Third-party links and resources

Some links on the website may allow you to leave the website. The linked websites are not in any way under the control of PlugNGrill, and we are not responsible for the contents of any of such linked websites, any link contained in a linked website, or any changes or updates to such websites.

9. Privacy policy

When accessing and/or using the website, the products and services we offer, we may obtain certain information about you, or you may be required to provide certain information. All uses of your information will be treated in accordance with our Privacy Policy, which herein forms an integral part of these Terms. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users.

10. Disclaimers and Warranties

PLUGNGRILL EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES: (A) THAT THE WEBSITE, WEBSITE CONTENT, PRODUCTS, ADVICE, INFORMATION OR LINKS PROVIDED OR DISPLAYED ON THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR THAT ANY ERRORS WILL BE CORRECTED; (C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE WEBSITE, WEBSITE CONTENT, SERVICES, OR PRODUCTS WILL BE CORRECTED; AND (D) REGARDING THE WEBSITE, USER CONTENT, WEBSITE CONTENT, SERVICES, PRODUCTS, ADVICE, INFORMATION OR LINKS PROVIDED BY ANY THIRD PARTIES OR USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER PLUGNGRILL NOR ANY PERSON ASSOCIATED WITH PLUGNGRILL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE WEBSITE, USER CONTENT, SITE CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER PLUGNGRILL NOR ANYONE ASSOCIATED WITH PLUGNGRILL REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of liability

PlugNGrill and its officers, directors, employees, suppliers or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to website interruption, and whether in tort, including without limitation negligence, contract or otherwise) in connection with these terms and conditions or the website in any way (including in connection with the use, inability to use or the results of use of the website, any websites linked to the website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the website or your downloading of any material from the website or any websites linked to the website).

In no event will PlugNGrill's total liability arising out of or in connection with these terms or from the use of or inability to use the website exceed the lesser of the total amounts you have paid to PlugNGrill during the six months immediately preceding the event(s) giving rise to such liability or fifty dollars ($50), if you have not had any payment obligations to PlugNGrill, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between PlugNGrill and you.

You agree that if you are dissatisfied with any portion of the website, the services we offer, or with these terms, your sole and exclusive remedy is to discontinue the use of the website and the services that we offer.

12. Indemnification

You agree that as a condition of use of the website, you will indemnify, defend, and hold harmless PlugNGrill, its officers, directors, employees, agents, licensors, and suppliers (collectively, the "Service Providers") from and against any and all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from your use of the website or any product, including any claims alleging facts that if true would constitute a violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.

13. Governing law

This Terms and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflict of law principles.

14. Dispute resolution; arbitration

Waiver: No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce any of the provisions of this Agreement at any time will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that we will pursue legal actions against all breaches of this Agreement.

Severability: If any term of these Terms is determined as invalid or unenforceable by a court of law, such term shall be deemed severable without affecting the validity of the remaining term.

Assignment: You may not assign or transfer these Terms without our prior written consent, and any unauthorized assignment is void. We may assign these Terms with notice to you. These Terms bind successors and assigns.

Force majeure: Notwithstanding the other provisions of this Agreement, if PlugNGrill is in good faith prevented from performing its obligations under this Agreement because of an event beyond its control, including without limitation, any act or omission of our third-party partners, war (declared or undeclared), terrorism, explosions, pandemics, and acts of God like an earthquake, flood, hurricanes, tornadoes, and other natural calamities, PlugNGrill will be relieved from performing its obligations provided that, it will take all reasonable steps to promptly remedy the cause of such delay or failure if it is in its power to do so.

Entire Agreement: These Terms comprise the entire agreement between you and us relating to your access to and use of the Website, Website Content, and any product or service you have purchased on the website and supersede any and all prior discussions, agreements, and understandings of any kind. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

15. General provisions

Waiver: No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce any of the provisions of this Agreement at any time will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that we will pursue legal actions against all breaches of this Agreement.

Severability: If any term of these Terms is determined as invalid or unenforceable by a court of law, such term shall be deemed severable without affecting the validity of the remaining term.

Assignment: You may not assign or transfer these Terms without our prior written consent, and any unauthorized assignment is void. We may assign these Terms with notice to you. These Terms bind successors and assigns.

Force majeure: Notwithstanding the other provisions of this Agreement, if PlugNGrill is in good faith prevented from performing its obligations under this Agreement because of an event beyond its control, including without limitation, any act or omission of our third-party partners, war (declared or undeclared), terrorism, explosions, pandemics, and acts of God like an earthquake, flood, hurricanes, tornadoes, and other natural calamities, PlugNGrill will be relieved from performing its obligations provided that, it will take all reasonable steps to promptly remedy the cause of such delay or failure if it is in its power to do so.

Entire Agreement: These Terms comprise the entire agreement between you and us relating to your access to and use of the Website, Website Content, and any product or service you have purchased on the website and supersede any and all prior discussions, agreements, and understandings of any kind. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

16. Questions or complaints?

Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us. Please contact us at support@plugngrill.com.

Last Updated on Feb 25th, 2024