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GENERAL DISCLAIMER
The materials available through this website and other websites owned or provided by Brothers BBQ (individually and collectively, the 'Website') are the property of Brothers BBQ, and are protected by copyright, trademark and other intellectual property laws. You may view, copy and print pages from the Website only (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices, (2) for communicating with Brothers BBQ about a company product or service. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Website without the prior written approval of Brothers BBQ.

COPYRIGHT NOTICE
© 2007 Brothers BBQ. All rights reserved.

TRADEMARKS
Brothers BBQ and the Brothers BBQ logo are trademarks of Brothers BBQ and may not be used without permission.

LINKING TO THE WEBSITE AND CONTENT
Brothers BBQ is committed to providing outstanding barbecue to its customers. To ensure that information regarding its products and services is communicated accurately to the public, Brothers BBQ asks that you adhere to the following linking guidelines:

  1. 1. Brothers BBQ does not object to hyperlinking to the home page of the Website unless the hyperlinks dilute or tarnish Brothers BBQ's trade name or trademarks. You may not use any Brothers BBQ trademark, logo or other proprietary graphic to link to the Website (or for any other purpose) without the company's prior written approval;

  2. 2. Brothers BBQ does not approve of any deep linking. Do not bypass the home page of the Website to deep link to interior web pages;

  3. 3. Brothers BBQ does not approve of inline linking or framing. Do not import content from the Website or link to images on servers on which the Website is hosted for the purpose of placing the content or images on any other web pages or sites; and

  4. 4. Brothers BBQ does not approve of remote linking. Do not hyperlink any Website to sites that contain infringing or illegal content that could make Brothers BBQ susceptible to criminal prosecution or civil litigation in the United States or in a foreign venue.

DIGITAL MILLENNIUM COPYRIGHT ACT
Brothers BBQ respects the intellectual property rights of others and is committed to complying with U.S. copyright laws, including the Digital Millennium Copyright Act of 1998 ('DMCA='). The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet or other telecommunications networks.
As a provider of transitory digital communications, Brothers BBQ's activities are typically protected by a safe harbor provision of the DMCA (see 17 U.S.C. 512 (a)). Brothers BBQ is therefore not obligated to respond to a copyright owner (or the owner's agent) nor does Brothers BBQ have a duty to remove or disable access to material transmitted, routed or connected to the Brothers BBQ network(s) that is initiated and/or directed by an individual user. If you believe that Brothers BBQ has infringed your copyrighted work in a way that does not fall within the applicable DMCA safe harbor provision, please provide notice to our Copyright Agent. The notice must include the following information as required by the DMCA (see 17 U.S.C. 512(c)(3)). In addition, the notice should include the basis for your belief that Brothers BBQ is not merely providing transitory digital communications under 17 U.S.C. 512(a) of the DMCA:

  1. 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  3. 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

  4. 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  5. 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  6. 6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NOTE: The Copyright Agent should only be contacted with respect to copyright-infringement matters. The Copyright Agent will not respond to general inquiries. The Copyright Agent for Brothers BBQ may be reached as follows: COPYRIGHT AGENT Brothers BBQ 616 Washington St Denver, CO 80203

COUNTER NOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT
If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with our Copyright Agent. The counter notification must provide the following information:

  1. 1. Physical or electronic signature of the subscriber;

  2. 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  3. 3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

  4. 4. The subscriber's name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.


ELECTRONIC COMMUNICATIONS
You may not distribute, publish, or send through our Network: (1) unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as 'spam'); (2) unsolicited informational announcements; (3) chain mail; (4) numerous copies of the same or substantially similar messages; (5) empty messages; (6) messages which contain no substantive content; or (7) very large messages or files that disrupt a server, account, newsgroup, or chat service. Likewise, you may not (1) participate in collecting e-mail addresses, screen names, or other identifiers of others (without Brothers BBQ's prior written consent), a practice sometimes known as spidering or harvesting; (2) participate in using software (including 'spyware') designed to facilitate such activity; (3) collect responses from unsolicited messages; or (4) use any of our mail servers or another site's mail server to relay mail without the express permission of the account holder or the site.

NETWORK SECURITY AND INTEGRITY
You may not violate the security of our Website or Network in any way. Such violations may result in criminal or civil liability. Brothers BBQ may, but is not obligated to, investigate any violation of our Network. Brothers BBQ may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Brothers BBQ products services or sending, receiving, posting, accessing, or storing any electronic transmission via our Network, you agree to cooperate, as well, in any such investigation. Examples of Network security violations include, without limitation: * Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network. * Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network. * Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks. * Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier. * Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Brothers BBQ or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Brothers BBQ customer or other end-user. Brothers BBQ may, but is not obligated to, take any action it deems necessary to protect its Website and Network, its rights or the rights of its customers or third parties, or (2) optimize or improve its Website, Network, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website or Network. Brothers BBQ may, in its sole discretion, at any time, filter 'spam' or prevent 'hacking,' 'viruses' or other potential harms without regard to any preference you may have communicated to us.

INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT
All users of the Services must adhere to the terms of this Policy and Agreement. We have the right, but are not obligated, to strictly enforce this Policy and Agreement through self-help, active investigation, litigation and prosecution. We may also access and disclose any information (including transactional information) related to your access and use of our Website or Network for any lawful reason, including but not limited to: (1) responding to emergencies;' (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, CUSTOMER OR USER.

DISCLAIMER OF WARRANTIES AND LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A BROTHERS BBQ WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A BROTHERS BBQ NETWORK OR WEBSITE IS PROVIDED 'AS IS,' 'WITH ALL FAULTS,' AND 'AS AVAILABLE.' BROTHERS BBQ, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE OR NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. BROTHERS BBQ DOES NOT GUARANTEE THAT ITS NETWORK OR WEBSITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL BROTHERS BBQ, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS NETWORK OR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF BROTHERS BBQ, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY BROTHERS BBQ NETWORK OR WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BROTHERS BBQ, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Brothers BBQ from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Website or Network; or (5) your use of our Website or Network.

MODIFICATION OF THE POLICY AND AGREEMENT
We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on www.brothers-bbq.com. You agree to the Policy and Agreement by accessing or using our Website, products or services, or by sending any electronic transmission through our Network.

MISCELLANEOUS
Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. Brothers BBQ may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.

QUESTIONS AND COMMENTS
We invite you to send in your questions or comments about our site, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to info@brothers-bbq.com.

We hope you enjoy using our Services and we welcome suggestions for improvements.