TERMS OF USE

Terms of Use for Port City Smokehouse

Effective Date: August 1st, 2024

1. Acceptance of Terms

By accessing and utilizing the services offered by Port City Smokehouse ("Port City Smokehouse"), which includes our website, mobile application, and any associated services (collectively, the "Services"), you agree to be bound by and comply with these Terms of Use ("Terms"). If you do not agree to these Terms, please refrain from using our Services.

2. Services Offered

Port City Smokehouse provides a variety of services that enable customers to interact with and purchase our products online. Our Services encompass, but are not limited to, the management of customer orders, communication, and access to our product offerings.

3. User Accounts

3.1. Creating an Account:

To access certain features of the Services, users must create an account. During the registration process, it is required that you provide accurate and complete information.

3.2. Account Security:

You are responsible for safeguarding the confidentiality of your account information and password. You agree to promptly notify us if you become aware of any unauthorized use of your account.

4. Usage of Services

4.1. License to Use:

Port City Smokehouse grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal use, subject to these Terms.

4.2. Prohibited Activities:

You agree not to use the Services for any illegal purposes or in any way that could harm or disrupt the Services or interfere with the experience of others. Prohibited activities include, but are not limited to, unauthorized access, data scraping, hacking, and any actions that involve spamming or defrauding individuals. Violations may result in Port City Smokehouse cooperating with law enforcement authorities.

5. Data Security and Privacy

5.1. Data Handling:

Our collection, use, and storage of your personal data are governed by our Privacy Policy, which is incorporated by reference into these Terms. By using our Services, you agree to the data practices outlined in our Privacy Policy.

5.2. Protecting Your Data:

We employ appropriate technical and organizational measures to protect your personal data from unauthorized access, disclosure, modification, or destruction. This includes the use of Secure Socket Layer (SSL) encryption technology for secure data transmission.

6. Ownership and Intellectual Property Rights

6.1. Ownership Rights:

All rights, title, and interest in this Site, including, but not limited to, the software, code, text, photographs, images, illustrations, graphics, audio, video, and any other materials provided through this Site (collectively, "Content"), are owned by us or by third parties who have licensed their Content to us. This Site and its Content are protected by trademark, copyright, trade dress, patent, trade secret, and other intellectual property laws. The entire Content of this Site is a collective work under U.S. and international copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of the Content on this Site.

6.2. Restrictions on Use:

You are not permitted to modify, reproduce, distribute, create derivative works from, publicly display, or perform any content from the Services without prior written permission from us. The use of any automated tools or methods to access, copy, or monitor any part of the Site or Content is strictly prohibited.

7. User Contributions

7.1. Definition of User Contributions:

"User Contributions" refers to any text, illustrations, files, images, graphics, photos, comments, sounds, music, video, information, content, and other materials you post, upload, display, publish, distribute, transmit, or otherwise make available on public areas of the Site using any social networking tools we provide.

7.2. Guidelines for User Contributions:

You must not post any User Contributions that infringe on copyright, trademark, privacy, or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights without the explicit permission of the rights holder. You are solely responsible for any harm caused by your failure to obtain such permissions.

7.3. Monitoring and Removal of User Contributions:

We reserve the right (but are not obligated) to monitor User Contributions and to remove any User Contribution that violates these Terms or for any other reason at our discretion.

7.4. Licensing of User Contributions:

By submitting User Contributions, you grant us and our affiliates a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, distribute, and publicly display your User Contributions in connection with the Services.|

8. Disclaimers and Limitation of Liability

8.1. Disclaimer of Warranties:

The Services are provided "as is" and "as available" without any guarantees or warranties of any kind, whether express or implied. Port City Smokehouse disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2. Limitation of Liability:

To the maximum extent permitted by law, Port City Smokehouse shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, lost profits, data, use, goodwill, or other intangible losses resulting from your use of the Services.

9. Indemnification

You agree to indemnify and hold harmless Port City Smokehouse, its affiliates, licensors, service providers, and their respective officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to your breach of these Terms or your use of this Site, including your User Contributions, and any use of this Site’s Content, services, and products other than as expressly authorized in these Terms.

10. Termination

10.1. Termination by You:

You may terminate your account at any time by contacting us. Upon termination, your right to use the Services will immediately cease.

10.2. Termination by Port City Smokehouse:

Port City Smokehouse reserves the right to terminate or suspend your account and access to the Services, with or without prior notice, for any reason, including but not limited to, a violation of these Terms.

11. Governing Law, Jurisdiction, and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, USA, without regard to its conflict of law principles. All disputes arising out of or related to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Michigan. You agree to submit to the jurisdiction of these courts and waive any objections to the venue being in Michigan. Any claim arising under these Terms must be filed within one (1) year from the date the cause of action arose, or it will be forever barred.

12. Changes to the Terms

We may modify these Terms from time to time. We will inform you of any changes by posting the revised Terms on our website and app. You are encouraged to review these Terms periodically. Your continued use of the Services after any changes have been made will constitute your acceptance of the new Terms.

13. Void Where Prohibited

Port City Smokehouse operates this Site from its location at 1000 Main St., Frankfort, MI 49635, USA, although the Site may be accessible from various locations around the world. Not all features, products, or services discussed or referenced on the Site are available to all persons or in all geographic locations, and they may not be suitable for use outside the United States. Port City Smokehouse reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service on the Site is void where prohibited. If you access the Site from outside the United States, you do so on your own initiative and are responsible for complying with applicable local laws.

14. Miscellaneous

We reserve the right to modify, suspend, or discontinue any part of this Site or the Services at any time and for any reason without prior notice. You agree that we shall not be liable to you or any third party for any such modification, suspension, or discontinuance.

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. All waivers must be in writing. Unless expressly stated otherwise in writing, no waiver by Port City Smokehouse of any breach of these Terms or any rights provided herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any rights under these Terms.

If any part of these Terms is deemed unlawful or unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted to fulfill the intended objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms will remain in full force and effect.

These Terms (along with our Privacy Policy and any applicable Notices) constitute the entire agreement between you and Port City Smokehouse concerning your use of the Site and supersede all prior agreements, negotiations, and communications, whether written, oral, or electronic, between you and Port City Smokehouse regarding the subject matter contained herein.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Port City Smokehouse
1000 Main St.
Frankfort, MI 49635
Phone: (231) 352-9192
Email: hello@portcitysmokehouse.com