Last Updated: May 16, 2014
Welcome to the Gus's BBQ, Inc. website, a member of the Bicos Hospitality family of restaurants (collectively, “Bicos” or “we” “our” or “us”). The policies below are applicable to our website, email newsletters from us, apps published by us, and other interactive features or services provided by us (the “website”) which are operated by us and made available via computer, mobile device, table, or other technology (each a “device”).
BICOS MAY PERIODICALLY AND IN ITS SOLE DISCRETION MODIFY THESE TERMS. IF BICOS MATERIALLY CHANGES THESE TERMS, A NOTICE WILL BE POSTED ON THE WEBSITE, ALONG WITH THE UPDATED TERMS, AND THE “LAST UPDATED” DATE ABOVE WILL BE MODIFIED. YOUR CONTINUED USE OF THE WEBSITE MEANS THAT YOU ACCEPT THE UPDATED TERMS. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THESE TERMS WILL APPLY RETROACTIVELY.
Our website may be available to you via your mobile device, and some features may be incompatible with your carrier or device. Bicos disclaims all liability in connection with your use of the website via your device, including your inability to use or access certain features of the website.
You understand that you may need to create an account to have access to certain portions of the website. You will provide and maintain true, accurate, current, and complete information about yourself as prompted by our registration form. We have the right to terminate your account and refuse any and all use of the website to you if you provide or we suspect you have provided untrue information to us. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.
The website, including our products, services, layout, design, graphics, text selections, arrangements, information, images, URLs, sounds, software, trademarks, logos, trade names, services marks, and the “look and feel” of our website, and other intellectual property located or used on the website (collectively, the “content”) are owned by us, our licensors, or our content providers. The content is protected by copyright, trademark, and other proprietary rights, and you may not copy, republish, upload, post, transmit or distribute any material from this website for commercial use. All rights not expressly granted to you are reserved by us. Any unauthorized use of the website or its content for any purpose is not allowed. You may not use, copy, republish, upload, post, transmit, distribute, or modify our trademarks, service marks, and logos in any way without our prior consent.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to our website, so long as: (i) the links and the content on your website do not suggest any affiliation with Bicos or cause any other confusion, and (ii) the links and the content on your website do not portray Bicos or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is inappropriate for children or that is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, or illegal, that violates any right of any third party, or that is otherwise objectionable to Bicos. Bicos reserves the right to suspend or prohibit linking to the website for any reason, in its sole discretion, without advance notice or any liability of any kind to you or to any third party. Any activities you engage in involving linked websites are subject to privacy and other policies, terms, and conditions of use, and other rules issued by the operator of the linked websites, and Bicos disclaims all liability in connection with the linked websites.
We welcome your suggestions and comments (“Submissions”). Please submit your Submissions via email to firstname.lastname@example.org or via US Mail to 34 W Dayton Street, Pasadena, CA 91105. Submissions provided to Bicos are Bicos’ property, and Bicos will not be liable for any use or disclosure of any Submissions. You hereby assign, without compensation, all existing rights in and to your Submissions to Bicos. This policy is intended to avoid the possibility of future misunderstandings if projects developed by Bicos seem similar to ideas contained in your Submissions.
ONLINE ORDERS, RETURNS, AND REFUNDS
Bicos may make online ordering services available to users. By submitting a completed order to Bicos, you offer to purchase the products you select through our online order form. We may accept or reject your order in our sole discretion. If we accept your order, you authorize Bicos or our vendors to bill your credit card or alternative payment method selected by you the current fees and charges for any products chosen by you. You must be 18 years old or older in order to place an order on the website.
When you provide bankcard information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that the information is accurate, complete, and current, and that you are the authorized user of the bank card that is used to pay for the products. In the event legal action is necessary to collect on balances due, you agree to reimburse Bicos and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses (including on appeal).
Currently, online orders for our products are only available for pick-up at the locations indicated on our website; however, we do ship gift cards to United States addresses as set forth in these Terms. For gift card orders only, we will ship the gift card to the address designated by you as long as it is compliant with the shipping restrictions contained on our website. A delivery fee may apply, and by placing your order you agree to pay such fee. You may only purchase gift cards and other products for personal use by either yourself or your intended recipient, and not for any commercial purpose or for resale.
You may only order products which appear on our website as being available at the specific location where you indicate you will pick-up your order. In the event a product you order is unavailable, we will notify you. Bicos attempts to describe its products as accurately as possible; however, we do not warrant that our product descriptions (including photographs) are accurate, complete, current, or error-free. Our products and other website content are subject to change at any time. The inclusion of any products or services on our website at a particular time does not imply or warrant that these products or services will be available at any other time, and we reserve the right, without prior notice, to limit the order quantity on any products and/or to refuse service to any customer.
You are responsible for promptly inspecting your ordered products. If damage occurred to your gift card during shipment, you are responsible for promptly notifying us. In the event that you return or exchange our products due to Bicos incorrectly filling an order, gift cards damaged in shipment, or defective products, Bicos will provide you with a refund or replacement, provided you promptly provide Bicos with notice of the damaged or defective product. In all other cases, you will be responsible for the costs associated with any return or replacement.
FEES AND PRICING
You are responsible for the purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this website. All prices are listed in U.S. dollars. We cannot confirm the price or availability of any product until you place your order. We may charge you sales tax at the time of your order.
WARRANTY AND LIABILITY DISCLAIMER
THE WEBSITE, ITS CONTENT, AND THE PRODUCTS ARE PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS, AND BICOS DOES NOT PROVIDE ANY ASSURANCES AS TO THE AVAILABILITY OF ANY PRODUCTS OR THE USABILITY BY YOU OF THE WEBSITE OR THE ONLINE ORDERING SERVICES. BICOS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS TO THE ACCURACY OR SUFFICIENCY OF ANY PRODUCT INFORMATION LISTED ON THE WEBSITE. BICOS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE ORDERING PROCESS, PRODUCT DELIVERY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, you hereby release and forever waive any and all claims you may have against Bicos from losses or damages you sustain in connection with your use of the website, its content, or the products. Bicos is liable only to the extent of actual damages incurred to you, but in no event in an amount greater than $100.00. Any claims arising in connection with your use of the website, its content, or the products must be brought within one (1) year of the date of the event giving rise to such action.
We respect the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide our Copyright Agent the written information specified below: (a) A description of the copyrighted work that you claim has been infringed upon; (b) A description where the material that you claim is infringing is located on the website; (c) Your address, telephone number, and e-mail address; (d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) The signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright interest.
Bicos’ Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Chris Bicos or John Bicos
We will respond expeditiously to claims of copyright infringement that are reported to our Copyright Agent, in accordance with the U.S. Digital Millennium Copyright Act of 1998 or, as applicable, other laws. This procedure is exclusively for notifying us that your copyrighted material has been infringed.
Thank you for visiting our website. We hope you enjoy your visit.