Grateful Hospitality's Terms of Use Agreement

By using the chefrichardhales.com, halesblackbrick.com and halessocietybbq.com web site (“Grateful Hospitality” or the “Site”), a service of 813305 Corp you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement”), including those available by hyperlink. If you have any questions, please refer to the Help section of the Site. Before you may become a member of Grateful Hospitality, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on January 1, 2012 for current users and upon acceptance for new users.

Grateful Hospitality does not guarantee same-day shipping on any order. The shipping guidelines published on this website are not guarantees of a shipping or arrival date, they are estimates.

Eligibility

Age: Grateful Hospitality’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Grateful Hospitality’s policies as stated in the Agreement and Grateful Hospitality’s Privacy Policy. Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Grateful Hospitality of any unauthorized use of your password or any breach of security. You also agree that Grateful Hospitality cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. Account Transfer: You may not transfer or sell your Grateful Hospitality account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. Right to Refuse Service: Grateful Hospitality’s services are not available to temporarily or indefinitely suspended Grateful Hospitality members. Grateful Hospitality reserves the right, in Grateful Hospitality’s sole discretion, to cancel unconfirmed or inactive accounts. Grateful Hospitality reserves the right to refuse service to anyone, for any reason, at any time.

Grateful Hospitality E-gift Cards

Grateful Hospitality e-gift cards (“E-Cards”) may be used to purchase any eligible product available for purchase in Grateful Hospitality.com online catalog. The recipient of an E-Card will be notified via email. You may purchase E-Cards in US dollar denominations of $50, $100. The amount of the E-Card you purchase will be charged to your credit card when you confirm your purchase of such E-Card. Once the recipient of the E-Card activates the E-Card, then the value of the E-Card will appear in the recipient’s shopping cart as a credit toward purchases on Grateful Hospitality. If a purchase exceeds the amount of the E-Card, the balance must be paid by credit card or other available payment method, in accordance with Grateful Hospitality standard payment policies. E- Cards cannot be used to purchase other E-Cards. Purchases made with E-Cards are not eligible to earn Referral Credits. E-Cards expire 1 year from the purchase date. Except where prohibited by applicable law, E-Card recipients may not (a) receive refunds for E-Cards, (b) resell or otherwise transfer E-Cards to others (including without limitation transferring E-Cards to other Grateful Hospitality Users’ accounts), (c) reload E-Cards, or (d) redeem unused E-Card balances if they cancel their Grateful Hospitality account. E- Cards are not currency, and do not have cash value outside of Grateful Hospitality. Grateful Hospitality is not responsible for any unauthorized use of an E-Card.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive handling fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Grateful Hospitality transaction fees, misrepresent the item’s location, or use another user’s account without permission.

Prohibited Activities

You are solely responsible for your conduct and activities on and relating to Grateful Hospitality and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Grateful Hospitality. Restricted Activities: Your Content and your use of Grateful Hospitality shall not:

Be false, inaccurate or misleading

Be fraudulent or involve the sale of illegal, counterfeit or stolen items

Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy

Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall

Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Grateful Hospitality staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

Be obscene or contain child pornography

Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

Host images not part of a listing

Link directly or indirectly, reference or contain information about goods or services offered external to Grateful Hospitality.

Modify, adapt or hack Grateful Hospitality or modify another website so as to falsely imply that it is associated with Grateful Hospitality

Appear to create liability for Grateful Hospitality or cause Grateful Hospitality to lose (in whole or in part) the services of Grateful Hospitality’s ISPs or other suppliers

Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Grateful Hospitality

Furthermore, you may not list any item on Grateful Hospitality (or consummate any transaction that was initiated using Grateful Hospitality’s service) that, by paying to Grateful Hospitality the commission or transaction fee, could cause Grateful Hospitality to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Other Resources: Grateful Hospitality is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Grateful Hospitality does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Grateful Hospitality shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Resolution of Disputes and Release

In the event a dispute arises between you and Grateful Hospitality, please contact Grateful Hospitality. Should you have a dispute with one or more users, or an outside party, you release Grateful Hospitality (and Grateful Hospitality’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Grateful Hospitality encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Grateful Hospitality, for the benefit of users, may try to help users resolve disputes. Grateful Hospitality does so in Grateful Hospitality’s sole discretion, and Grateful Hospitality has no obligation to resolve disputes between users or between users and outside parties. To the extent that Grateful Hospitality attempts to resolve a dispute, Grateful Hospitality will do so in good faith based solely on Grateful Hospitality’s policies. Grateful Hospitality will not make judgments regarding legal issues or claims.

Grateful Hospitality’s Intellectual Property

Grateful Hospitality, and other Grateful Hospitality graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Society 8300 LLC, in the U.S. and/or other countries. Grateful Hospitality’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Access and Interference

Much of the information on Grateful Hospitality is updated on a real-time basis and is proprietary or is licensed to Grateful Hospitality by Grateful Hospitality’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Grateful Hospitality for any purpose without Grateful Hospitality’s prior express written permission. Additionally, you agree that you will not:

Take any action that imposes, or may impose, in Grateful Hospitality’s sole discretion, an unreasonable or disproportionately large load on Grateful Hospitality’s infrastructure

Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of Grateful Hospitality and the appropriate third party, as applicable

Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

Privacy

Except as provided in Grateful Hospitality’s Privacy Policy, Grateful Hospitality will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Grateful Hospitality stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

No Warranty

Grateful Hospitality, Grateful Hospitality’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND Grateful Hospitality’S SUPPLIERS PROVIDE Grateful Hospitality’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Grateful Hospitality, Grateful Hospitality’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Grateful Hospitality’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Grateful Hospitality SHALL CREATE ANY WARRANTY. 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 THAT VARY FROM STATE TO STATE.

Liability Limit

IN NO EVENT SHALL Grateful Hospitality, AND (AS APPLICABLE) Grateful Hospitality’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Grateful Hospitality’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Grateful Hospitality’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Grateful Hospitality’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Grateful Hospitality’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Grateful Hospitality IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD Grateful Hospitality AND (AS APPLICABLE) Grateful Hospitality’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Guaranty

Grateful Hospitality does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Grateful Hospitality’s control.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Grateful Hospitality’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and Grateful Hospitality are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Grateful Hospitality Service

Grateful Hospitality reserves the right to modify or terminate the Grateful Hospitality service for any reason, without notice, at any time. Grateful Hospitality reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Grateful Hospitality will notify you via email to the email address in your account. What constitutes a “material change” will be determined at

Grateful Hospitality’s sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Florida and disputes arising under this Agreement will be adjudicated by the courts of the State of Florida.

Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Grateful Hospitality’s Intellectual Property), 10 (Access and Interference), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Grateful Hospitality Attn: Legal; 4812 N Dale Mabry Hwy, Tampa FL 33614 (in the case of Grateful Hospitality) or, in your case, to the email address you provide to Grateful Hospitality (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Grateful Hospitality may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Grateful Hospitality. In such case, notice shall be deemed given three days after the date of mailing.

Disclosures

The services hereunder are offered by 813305 Corp DBA Grateful Hospitality., located at 4812 N Dale Mabry Hwy, Tampa FL 33614