General Information
This Member Agreement, which incorporates the Terms of Use (below), constitutes
the entire agreement between you and Schedeler&Company LLC (the "Company").
The Member Agreement may be updated by us from time to time by posting all
changes on this site. Any changes will be effective upon posting. You can
review the most current version of the Member Agreement at any time at
charcoalbob.com/MemberAgreement.aspx. You also may be subject to
additional terms and conditions that may apply when you use or purchase certain
other CharcoalBob.com services, affiliate services, third-party content, or
third-party software.
Copyright Information
The Charcoal Bob name, logo, CharcoalBob.com and all related product and service
names, design marks and slogans are trademarks and service marks of
Schedeler&Company LLC (the "Company"). All other product and service marks
contained herein are the trademarks of their respective owners. You may not use
any Charcoal Bob or third party trademarks or logos without the prior written
consent of the Company or the applicable trademark owner.
Disclaimer
When cooking on the grill, it's a good idea to follow all related food handling
and safety precautions. While the features and services of CharcoalBob.com
provide guidelines based on many factors and conditions, they are only to be
used as an aid in meal planning and the calculation of grilling times.
CharcoalBob.com Guests and Members assume all risk of use.
Acceptance
The following terms and conditions govern your use of the Member-Only services
provided by CharcoalBob.com, including but not limited to editorial content,
information, special offers, grilling lists, items stored as favorites and
preferred settings, cookout calculations and cookout printouts. By using the
Member-Only services, you signify your agreement to all terms, conditions, and
notices contained or referenced herein, as well as those described in the
general Terms of Use section (below). If you do not agree to these terms,
please do not become a Member or use this website or the Services.
Description of Member-Only Services
CharcoalBob.com provides Members with access to a rich collection of Member-Only
services, which may include but is not limited to personalized configuration of
grills and preferred system settings, the capability to store favorite grilling
items and cookouts, special Member-Only content and offers from select vendors
and licensors. You also understand and agree that Member-Only services may
include certain communications from CharcoalBob.com, such as service
announcements, newsletters and administrative messages, and that these
communications are considered part of CharcoalBob.com membership and you will
not be able to opt out of receiving them. Unless explicitly stated otherwise,
any new features that augment or enhance the current Member-Only service shall
be subject to the Member Agreement. You understand and agree that the
Member-Only service is provided "AS-IS" and that the Company assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings. You are responsible for
obtaining access to the Member-Only service and that access may involve third
party fees (such as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Member-Only service.
Your Enrollment Obligations
In consideration of your use of the Member-Only services, you represent that you
are of legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Member Enrollment (such
information being the "Member Information") and (b) maintain and promptly
update the Member Information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or
incomplete, or the Company has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, the Company has
the right to suspend or terminate your Membership and refuse any and all
current or future use of the Services (or any portion thereof).
Privacy Policy
Member Information and certain other information about you is subject to our
Privacy Policy. For more information, see our full Privacy Policy at
charcoalbob.com/Privacy.aspx. You understand that through your use of
the Member-Only services you consent to the collection and use (as set forth in
the Privacy Policy) of this information.
Member Account, Password and Security
During the enrollment process, you will create a password and account
designation (Sign In ID). You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify the Company of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. The Company cannot and will not be liable
for any loss or damage arising from your failure to comply.
You acknowledge, consent and agree that the Company may access, preserve, and
disclose your account information and content if required to do so by law or in
a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the Member Agreement;
(c) respond to claims that any content violates the rights of third-parties;
(d) respond to your requests for Member Services; or (e) protect the rights,
property, or personal safety of the Company, its users and the public.
You understand that the technical processing and transmission of the Member-Only
services, including your content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
You understand that the Member-Only services and software embodied within the
Member-Only services may include security components that permit digital
materials to be protected, and use of these materials is subject to usage rules
set by the Company and/or content providers who provide content to the
Member-Only services. You may not attempt to override or circumvent any of the
usage rules embedded into the Member-Only services.
No Resale of Member-Only Service
You agree not to share, reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service (including your
CharcoalBob.com Sign In ID), use of the Member-Only services, or access to
the Member-Only services.
General Practices Regarding Storage
You acknowledge that the Company may establish general practices and limits
concerning use of Member-Only services, including without limitation the
maximum number of cookouts, favorites, cookouts in progress and the like
(content) that will be retained by the service, and the maximum disk space that
will be allotted on the Company's servers on your behalf. You further
acknowledge that the Company reserves the right to modify these general
practices and limits from time to time.
Modifications to Member-Only Services
The Company reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, Member-Only services (or any part
thereof) with or without notice. You agree that the Company shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of Member-Only services.
Fees & Payments
The Company uses the secure subscription services of PayPal, a third-party
billing provider, to process your CharcoalBob.com Membership fee. You agree to
allow PayPal, on a recurring monthly basis, to pay your CharcoalBob.com
Membership fee via either a credit card you have authorized or from your PayPal
account. Your CharcoalBob.com Membership will remain active unless it is
terminated by you. Should PayPal be unable to collect your Membership fee,
access to your Member-Only services may be terminated. This Membership fee may
increase in the future, upon notice and such changes will be effective thirty
(30) days after such notice.
Termination
You may cancel your CharcoalBob.com Membership at any time. Access to your
Member-Only services will terminate at the end of your monthly billing cycle.
You agree that the Company may, under certain circumstances and without prior
notice, immediately terminate your Membership, delete any associated content,
or deny access to the Member-Only services. Cause for such termination shall
include, but not be limited to, (a) breaches or violations of the Member
Agreement or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated
account deletions), (d) discontinuance or material modification to the Service
(or any part thereof), (e) unexpected technical or security issues or problems,
(f) you have engaged in fraudulent or illegal activities, and/or (g) nonpayment
of any fees owed by you in connection with the Member-Only services.
Termination of your Membership includes (a) removal of access to all offerings
within the Member-Only services, including but not limited to stored favorites,
grill information and preferred settings, (b) deletion of your password and all
related information, files and content associated with or inside your account
(or any part thereof), and (c) barring further use of the Member-Only services.
Further, you agree that all terminations for cause shall be made in the
Company's sole discretion and that the Company shall not be liable to you or
any third-party for any termination of your membership, or access to the
Member-Only services.
In most cases your account will be deactivated and then all stored preferences,
cookouts and the like will be deleted from our user database in approximately
30 days. This delay is necessary to discourage users from engaging in
fraudulent activity.
Please note that any information that we have copied may remain in back-up
storage for some period of time after your deletion request. This may be the
case even though no information about your account remains in our active Member
databases.
Effective Date: July 15, 2005
Terms of Use
Acceptance
CharcoalBob.com allows Guests and Members to use the Cookout Calculator to
create lists of items to be grilled, calculate the approximate grilling time
for these grilling items and then create a printable grilling timeline, which
can then be used as a guide for coordinating and managing the timing aspects of
the cookout, free of charge. In addition, CharcoalBob.com Members may use
additional features and services, in accordance with the Member Agreement.
The following terms and conditions govern your use of the services provided by
CharcoalBob.com (the "Services"), including but not limited to editorial
content, information, special offers, grilling lists, items stored as favorites
and preferred settings, cookout calculations and cookout printouts. By using
the Services, you signify your agreement to all terms, conditions, and notices
contained or referenced herein (the "Terms of Use"). If you do not agree to
these Terms of Use please do not use this website or the Services. The Company
reserves the right, at our discretion, to update or revise these Terms of Use.
Please check the Terms of Use periodically for changes. Your continued use of
this website following the posting of any changes to the Terms of Use
constitutes acceptance of those changes.
Electronic Delivery Policy and Your Consent
By using the Services, you consent to receive from the Company all
communications, including notices, agreements, legally required disclosures or
other information in connection with the Services (collectively,
"Notifications") electronically. The Company shall provide such electronic
Notifications by posting them on this website. We may also provide the
opportunity for you to opt-in to receive communication from the Company, such
as user feedback, via email for which you may have the option to opt-out.
Proprietary Rights
You acknowledge and agree that the Services are protected by copyright,
trademark, patent, trade secret, and other proprietary rights and laws. The
look and feel of this website, including color schemes, button shapes, and
other graphical elements, are Charcoal Bob trademarks.
License to and Limitations on Use of the Cookout Calculator, Printouts and
Content Information
Provided you comply with these Terms of Use, the Company grants you a
nonexclusive, non-transferable license to use the Services solely for your own
personal non-commercial use. You may not commercially exploit the Services or
the underlying data, including without limitation, you may not create
derivative works of the Services, use any data mining, robots, or similar data
gathering and extraction tools on the Services, frame any portion of the
Services, or reprint, copy, modify, translate, port, publish, sublicense,
assign, transfer, sell, or otherwise distribute the Services without the prior
written consent of the Company. You shall not derive or attempt to derive the
source code or structure of all or any portion of the Services by reverse
engineering, disassembly, decompilation or any other means. You shall not use
the Services to operate a service bureau or for any other use involving the
processing of data of others. You shall use the Services and this website for
legal purposes only and shall not use them in any manner that violates the laws
of any jurisdiction. You do not receive any, and the Company and its licensors
retain all, ownership rights in the Services. You may not alter or remove any
copyright notice or proprietary legend contained in or on the Services. Nothing
contained herein shall be construed as granting you a license under any
copyright, trademark, patent or other intellectual property right of the
Company or any third party, except for the right of use license expressly set
forth herein.
General Practices Regarding Use and Storage
You acknowledge that the Company may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of times (and the maximum duration for which) you may access the Service in a
given period of time. You acknowledge that the Company reserves the right to
log off sessions that are inactive for an extended period of time. You further
acknowledge that the Company reserves the right to modify these general
practices and limits from time to time.
Your License to the Company
Should you provide the Company with information including but not limited to
feedback, data, answers, questions, comments, suggestions, plans, ideas or the
like, such information shall be deemed to be nonconfidential and the Company
assumes no obligation to protect such information from disclosure. The
submission of such information to the Company shall in no way prevent the
purchase, manufacture or use of similar products, services, plans and ideas by
the Company for any purpose whatsoever and by such submission you (i) grant to
the Company the irrevocable right to reproduce, use, disclose and distribute
the information to others without restriction or compensation required, and
(ii) warrant and represent that you own or otherwise control all of the rights
to the information and that public posting and use of the information by the
Company will not infringe or violate the rights of any third party.
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on this website
in a way that constitutes copyright infringement, you may notify us at
info@charcoalbob.com.
No Warranties
THIS WEBSITE AND THE SERVICES ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS
AVAILABLE" BASIS. THE COMPANY, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE
WEBSITE AND SERVICES ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN
UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL
BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE WEBSITE AND SERVICES ARE
MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE
OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY THE COMPANY, ITS
AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED AGENTS SHALL CREATE A
WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER
APPLICABLE LAW. YOUR USE OF THIS WEBSITE AND THE SERVICES IS SOLELY AT YOUR OWN
RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Your use of the website and Services is at YOUR OWN RISK and the Company is
under no obligation to provide you with any support, error corrections,
updates, upgrades, bug fixes and/or enhancements of the website and Services.
Please note that the Services may include technical inaccuracies or
typographical errors. The Company has the right at any time to change, modify,
add to or discontinue or retire any aspect or feature of the website or
Services, including, but not limited to, the software, content, hours of
availability, equipment needed for access or use, or the availability of the
website or Services on any particular device or communications service. The
company has no obligation to provide you with notice of any such changes.
Disclaimer of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, AFFILIATES, DIRECTORS, EMPLOYEES,
DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "COMPANY
GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR
RELIANCE UPON THIS WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, OR PROFITS. THIS
LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY GROUP HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO
THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU. THE COMPANY GROUP 'S LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE COMPANY GROUP BE HELD RESPONSIBLE
OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO
HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY
CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED
FROM THIS WEBSITE.
IN NO EVENT SHALL COMPANY'S LIABILITY UNDER ANY CLAIM MADE BY YOU EXCEED THE
GREATER OF: (I) THE TOTAL AMOUNT OF FEES PAID BY YOU TO COMPANY FOR THE
SERVICES DURING THE IMMEDIATELY PRECEDING SIX (6) MONTH PERIOD, OR (II) ONE
HUNDRED DOLLARS ($100).
Without limiting the foregoing, under no circumstances shall the Company Group
be held liable for any delay or failure in performance resulting directly or
indirectly from acts of nature, forces, or causes beyond its reasonable
control, including, without limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, floods, storms,
explosions, acts of God, war, governmental actions, orders of domestic or
foreign courts or tribunals, non-performance of third parties, or loss of or
fluctuations in heat, light, or air conditioning.
Indemnification
You agree to defend, indemnify, and hold harmless the Company Group from all
liabilities, claims, and expenses, including attorney's fees, that arise from
your use or misuse of the Services on this website. The Company reserves the
right, at it own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
cooperate with the Company in asserting any available defenses.
Disclaimer of Endorsement
This site may contain, and third parties may provide, links to other World Wide
Web sites or resources. Because the Company and its licensors have no control
over any such sites and resources that are not owned by them, you acknowledge
and agree that the Company and its licensors are not responsible for the
availability of such external sites or resources, do not endorse and are not
responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that the Company and its licensors 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 use of or reliance on any such content, goods
or services available on or through any such site or resource. Product and
service information are the sole responsibility of each individual vendor.
International Use
The Company makes no representation that the Services are appropriate or
available for use in locations outside the United States, and accessing it from
territories where the Services are illegal is prohibited. Those who choose to
access this website from other locations do so on their own initiative and are
responsible for compliance with local laws.
Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of North Carolina. You expressly agree that the exclusive
jurisdiction for any claim or action arising out of or relating to these Terms
of Use or your use of the Services and this website shall be filed only in the
state or federal courts located in North Carolina, and you further agree and
submit to the exercise of personal jurisdiction of such courts for the purpose
of litigating any such claim or action.
Severability and Integration
These Terms of Use constitute the entire agreement between you and the Company
with respect to the Services and this website if you are a Guest. If you are a
Member of this website, the terms of the Member Agreement also apply. If any
part of these Terms of Use or Member Agreement is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
Termination
The Company reserves the right, in its sole discretion, to terminate your access
to the Services or to all or part of this website, with or without notice.
For further information, questions or problem reports regarding the Services or
this website, contact info@charcoalbob.com.
Accessibility
The Company makes no representation or warranties that the site will be
accessible at all times.
Privacy Policy
Certain information about you is subject to our Privacy Policy. For more
information, see our full Privacy Policy at charcoalbob.com/Privacy.aspx.
You understand that through your use of the Services you consent to the
collection and use (as set forth in the Privacy Policy) of this information.
Effective Date: July 15, 2005
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