Terms and Conditions
EFFECTIVE DATE: SEPTEMBER 2, 2024
This website is operated by Smokeshow Foods, LLC, doing business as Shapeshifter. Throughout the site, the terms “we”, “us” and “our” refer to Smokeshow Foods, LLC. By accessing or using our website, you agree to abide by the following terms and conditions (“Terms”, “Terms of Service”), including any additional terms and policies referenced herein or made available via hyperlink. These Terms apply to all visitors of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully before using our website. By accessing or using any part of our site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Our store is hosted on Shopify Inc., providing us with the online e-commerce platform that allows us to sell our products and services to you.
1. ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence or that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including copyright laws) through the use of our Service. Any breach of these Terms may result in the immediate termination of your access to the Service.
2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted across various networks and may be adapted to conform to technical requirements. Credit card information is always encrypted during network transfers. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service without express written permission from us.
3. INFORMATION ACCURACY
We strive to provide accurate, complete, and up-to-date information on our site. However, we are not responsible if information on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
4. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any part of the Service at any time without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
5. PRODUCTS & SERVICES
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange according to our Return Policy. We have made every effort to display our products accurately, but we cannot guarantee that your monitor's display of any color will be accurate.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer. All descriptions of products or pricing are subject to change at any time without notice, at our discretion.
6. BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order. In the event of a change or cancellation, we may attempt to notify you via the email, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information to ensure we can complete your transactions and contact you as needed.
7. THIRD-PARTY TOOLS
We may provide access to third-party tools that we neither monitor nor control. You acknowledge that access to such tools is provided "as is" without any warranties or conditions. We are not liable for any issues arising from your use of optional third-party tools.
8. THIRD-PARTY LINKS
Our Service may include links to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party sites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or content from any third-party websites.
9. USER COMMENTS AND FEEDBACK
If you send us comments, feedback, or other materials (collectively, 'comments'), you agree that we may use, edit, copy, publish, distribute, and translate them without restriction. We are not obligated to maintain comments in confidence, pay compensation for comments, or respond to any comments.
We may monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, defamatory, or otherwise objectionable.
10. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
11. ERRORS AND INACCURACIES
Occasionally, there may be information on our site or in the Service that contains errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
12. PROHIBITED USES
You are prohibited from using the site or its content for any unlawful purpose, including but not limited to violating any laws, infringing on our or others' intellectual property rights, harassing others, submitting false information, uploading harmful code, or interfering with the security of the Service. We reserve the right to terminate your use of the Service for violating any of these prohibited uses.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, secure, or error-free. You agree that your use of the Service is at your sole risk. The Service and all products delivered to you through the Service are provided "as is" without any warranties of any kind.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Smokeshow Foods, LLC, its affiliates, and their respective employees, from any claims arising out of your breach of these Terms or your violation of any law or the rights of a third party.
15. SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, the unenforceable portion shall be deemed severed, and such determination shall not affect the validity of the remaining provisions.
16. TERMINATION
These Terms are effective until terminated by either you or us. You may terminate these Terms by ceasing to use our site. If we determine you have violated any part of these Terms, we may terminate this agreement at any time without notice.
17. ENTIRE AGREEMENT
These Terms, along with any policies or operating rules posted by us on this site, constitute the entire agreement between you and us and govern your use of the Service.
18. GOVERNING LAW
These Terms and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of the United States, with nexus in the State of Georgia.
19. CHANGES TO TERMS
We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check for changes periodically. Your continued use of our website following the posting of any changes constitutes acceptance of those changes.
20. CONTACT INFORMATION
For questions about these Terms, please contact us at hello@shapeshifterbbq.com.