Terms and Conditions of Use

Terms and Conditions of Use are as follows:

The use of the following websites operated by Rock Creek Barbecue Club, Inc. and its website, RCBBQ.ORG is subject to the following terms and conditions (the “Terms of Use”). These Terms of Use are binding and set forth the legal rights and obligations of you and of Rock Creek Barbecue Club, so please read them carefully and, if you do not agree to the Terms of Use (including the privacy policy set forth at Privacy Policy, (the “Privacy Policy”), you are not authorized to use the Website and should not do so.

In addition, Rock Creek Barbecue Club may amend these Terms of Use at any time by posting the amended terms on the Website, and such amended Terms of Use shall be effective once posted. If you continue to use the Website after such time, your use shall constitute an agreement to such amended Terms of Use. You can view the current versions at any time by clicking on the hyperlink labeled “Terms of Use.”

1. Grant of License. Rock Creek Barbecue Club hereby grants you, subject to these Terms of Use, a non-exclusive, revocable, royalty-free, personal, non-transferable, limited license, without the rights to sublicense, to use, view, print and download content and information from the Website (collectively, the “Materials”) solely for your own personal, noncommercial use, provided that you reproduce and maintain, and do not remove, alter or obscure any copyright or other proprietary notices associated with such content or information. Any other use of the Website or the Materials is prohibited.

2. Restrictions.

2.1 Use of Website, Trademarks. Except as expressly set forth in Section 1, Rock Creek Barbecue Club grants no rights to use the Website. You shall not use the Website or any Materials for resale to, or the benefit of, any other person or entity. You shall not use the Website or use, transfer, distribute or dispose of any Materials in any manner that could compete with the business of Rock Creek Barbecue Club. In addition, you shall not use any trademark, trade name or service mark of Rock Creek Barbecue Club or associated with the Website without Rock Creek Barbecue Club’s express prior written consent. Requests for authorization should be made through our Contact Page on the website, www.rcbbq.org, or email to [email protected].

2.2 Use of Information You Provide to Rock Creek Barbecue Club. Do not send Rock Creek Barbecue Club any confidential or proprietary information. You agree that any feedback, data, answers, questions, comments, suggestions, ideas or other information you provide to Rock Creek Barbecue Club, and any ideas, concepts, know-how, or techniques contained therein can be used, reproduced and distributed to others without restriction (including for the development of products and services), except as expressly set forth in the Privacy Policy.

2.3 No Automated Use. You shall not use any automated programs (robots, spiders, etc.) to access, download, use or copy the information contained in the Website.

2.4 No Use of Spam. You shall not use the Materials in or for any unsolicited mailings (e-mail or otherwise). You will not use the Website to send any unsolicited mailings (e-mail or otherwise).

2.5 No Use in Contravention of Law. You shall not use the Website or any Materials in contravention of any applicable law or regulation (including securities laws and regulations), or for any illegal purpose. Rock Creek Barbecue Club reserves the right to report to appropriate law enforcement officials, regulators or other third parties any activity that may violate any applicable law or regulation. Rock Creek Barbecue Club may access and disclose to law enforcement officials, regulators or other third parties any information Rock Creek Barbecue Club considers appropriate.

2.6 No Abusive Use. You shall not interfere with or disrupt any networks or devices associated with the Website. You shall not disrupt the normal use of the Website or engage in any abusive uses, or facilitate, aid or encourage any such abusive uses. You shall not make any attempt to violate Website security, and any such attempt may be notified to the appropriate law-enforcement agencies. Such violations include logging into a server or account that you are not authorized to access; using another’s password without permission or impersonating another person; accessing data or taking any action to obtain services not intended for you or your use; attempting to probe, scan, or test the vulnerability of any system, subsystem or network; tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization; transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the system; interfering with, intercepting or expropriating any system, data or information; or interfering with service to any user, host, or network including, but not limited to, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system. You shall not use the services of another provider in order to facilitate any breach or violation of these Terms of Use.

2.7 Other Prohibited Conduct. You shall not: (i) download any information that you know, or reasonably should know, has not been lawfully posted or distributed; (ii) falsify or delete any author attributions or proprietary or legal notices; or (iii) use the Materials to harvest or otherwise collect information about others, including e-mail addresses, without their consent.

3. Provision of the Website and the Website Materials

3.1 Listings. The listings provided on the Website are provided by Rock Creek Barbecue Club. If you would like to change, update or remove your listing, submit your request via the form on the Contact Page at, www.rcbbq.org, or email to [email protected].

3.2 Termination and Modification of Website. Rock Creek Barbecue Club retains the right to stop making the Website available at any time, without notice to you, permanently or periodically, at its sole discretion. Rock Creek Barbecue Club retains the right to add, delete, change or modify the Materials and/or any other features or services of the Website at any time, without notice to you, at its sole discretion. Rock Creek Barbecue Club may establish rules and limits concerning the amount, manner and duration of use of the Website.

3.3 Account Termination. Rock Creek Barbecue Club has the right to terminate your account and/or your right to use the Website without notice to you for any breach or violation of these Terms of Use or for any activity which adversely impacts the performance of the Website or the provision of services to other users.

3.4 Not Responsibility for Third Party Websites. The Website may contain links to third-party websites not under the operation or control of Rock Creek Barbecue Club. Rock Creek Barbecue Club provides such links as a convenience only and does not endorse and shall not be responsible for the contents of any linked websites. You should review the terms and conditions posted on any linked website before using any services offered by third parties on such sites.

3.5 Incident Reporting. You shall promptly report any known or suspected violations of these Terms of Use by any person or entity to Rock Creek Barbecue Club through our Contact Page on the website, www.rcbbq.org, or email to [email protected]. You agree to cooperate with Rock Creek Barbecue Club as requested in investigating any known or suspected violations of these Terms of Use by any person or entity.

4. Intellectual Property Rights. The Website and the Materials are protected by international treaties and the copyright, trademark and other laws relating to proprietary rights of the United States and other countries. You acknowledge that the Materials have been developed, compiled, prepared, revised, selected and arranged by Rock Creek Barbecue Club through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes the valuable intellectual property and trade secrets of Rock Creek Barbecue Club. You acknowledge that the Website is presented in a unique format and appearance, and that the look and feel of the Website is the property of Rock Creek Barbecue Club and you will not use such look and feel without Rock Creek Barbecue Club’s express prior written permission. You agree that as between you and Rock Creek Barbecue Club, any and all present or future patent, copyright, trademark and other proprietary rights related to the Website and the Materials shall belong to Rock Creek Barbecue Club. You agree to protect the proprietary rights of Rock Creek Barbecue Club therein, and to take any action reasonably requested by Rock Creek Barbecue Club (whether before or after termination of your use of the Website, or any termination or expiration of these Terms of Use) to protect or maintain all Rock Creek Barbecue Club’s proprietary rights associated with the Website and the Materials.

5. Term; Termination

5.1 Term. These Terms of Use shall become effective upon the sooner to occur of your acceptance thereof or your first use of the Website, and shall remain in effect until terminated as set forth below.

5.2 Termination. Rock Creek Barbecue Club shall have the right to terminate these Terms of Use and your right to use the Website without notice to you and for any reason, including for any suspected breach of these Terms of Use. You shall have the right to terminate these Terms of Use by ceasing to use the Website and Materials.

5.3 Effect of Termination. Following any termination of these Terms of Use, all rights granted to you hereunder shall immediately terminate, and you shall have no further right to use the Website or the Materials. The following provisions shall survive any termination of these Terms of Use: Sections 2, 3, 4, 5, 6 and 7.

6. Disclaimers; Limitation of Liability.

6.1 MATERIALS PROVIDED AS-IS. THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” THE MATERIALS MAY CONTAIN INACCURACIES AND ERRORS. ROCK CREEK BARBECUE CLUB, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, SUBCONTRACTORS, AND SUPPLIERS (COLLECTIVELY, “RELATED PARTIES”) MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE MATERIALS, INCLUDING THOSE OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ROCK CREEK BARBECUE CLUB AND ITS RELATED PARTIES MAKE NO WARRANTY THAT ACCESS TO THE WEBSITE OR THE MATERIALS WILL BE UNINTERRUPTED, OR THAT THE WEBSITE OR THE MATERIALS WILL BE COMPATIBLE WITH YOUR EQUIPMENT, COMPLETE, ACCURATE, TIMELY OR ERROR FREE OR FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL, INVASIVE OR CORRUPTED FILES OR DATA.

6.2 NO LIABILITY. YOU AGREE THAT ROCK CREEK BARBECUE CLUB AND ITS RELATED PARTIES SHALL HAVE NO LIABILITY TO YOU, AND YOU WAIVE AND RELEASE ROCK CREEK BARBECUE CLUB AND ITS RELATED PARTIES FROM ANY AND ALL CLAIMS YOU MAY HAVE AT ANY TIME RELATING TO OR ARISING OUT OF ANY INJURY OR DAMAGES SUFFERED IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE OR THE MATERIALS, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF ROCK CREEK BARBECUE CLUB OR ANY RELATED PARTY. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW OR WILL NOT GIVE EFFECT TO THE FOREGOING LIMITATION OF LIABILITY WITH RESPECT TO ANY TYPE OF LOSS OR DAMAGE, ROCK CREEK BARBECUE CLUB’S AND ITS RELATED PARTIES’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ALL SUCH TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU (IF ANY) FOR USE OF THE WEBSITE OR THE MATERIALS.

6.3 NO CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ROCK CREEK BARBECUE CLUB OR ITS RELATED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE OR THE MATERIALS, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOST DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

6.4 THIRD PARTY CONTENT AND SOFTWARE. ROCK CREEK BARBECUE CLUB IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF OR RELATED TO CONTENT PROVIDED BY ANY THIRD PARTY THAT IS ACCESSED THROUGH THE WEBSITE AND/OR ANY MATERIAL LINKED THROUGH THE WEBSITE. ROCK CREEK BARBECUE CLUB MAKES NO WARRANTY AS TO ANY THIRD PARTY SOFTWARE INCLUDED IN OR ACCESSED THROUGH THE WEBSITE.

6.5 BASIS OF THE BARGAIN. YOU ACKNOWLEDGE THAT ROCK CREEK BARBECUE CLUB HAS ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 6 AND THAT THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

7. Miscellaneous

7.1 Notices. Any notices to be provided to Rock Creek Barbecue Club hereunder shall be effective upon receipt and sent to:

Rock Creek Barbecue Club, Inc. / P. O. Box 382119 / Duncanville, Texas 75138
7.2 Waiver; Amendment. No amendment of any provision of these Terms of Use shall be valid unless either in writing and signed by each of the parties hereto or made by Rock Creek Barbecue Club, Inc. as set forth in the preamble to this Agreement. No waiver by any party of any provision of these Terms of Use or any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be valid unless the same shall be in writing and signed by the party making such waiver nor shall such waiver be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such default, misrepresentation, or breach of warranty or covenant.

7.3 Construction. The headings and section titles of these Terms of Use are solely for the convenience of the parties, and shall not be used in construing these Terms of Use. The word “including,” when used herein, shall be deemed to mean “including without limitation.”

7.4 Merger. These Terms and Conditions constitute the entire agreement between the parties relating to the Website and the Materials and supersedes any prior understandings, agreements, or representations by or between the parties, written or oral, to the extent they relate in any way to the subject matter hereof.

7.5 Severability. In the event that any term or provision of these Terms of Use is found invalid or unenforceable, such term or provision shall be enforced to the maximum extent possible and such invalidity or unenforceability shall not affect any other term or condition contained herein.

7.6 Choice of Law; Consent to Jurisdiction. The parties agree that these Terms of Use and the parties’ relationship hereunder shall be governed by the substantive laws of the State of Texas, excluding its choice of law rules. You hereby irrevocably submit to the personal jurisdiction of the state and federal courts located in the Northern District of Texas and agree that any dispute not heard in accordance with Section 7.7 shall be heard by a state or federal court located in such district. You agree not to raise any defense or objection based on lack of jurisdiction, improper venue or inconvenient forum in any such action brought in such court.

7.7 Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by final, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, which rules are incorporated herein by reference; provided, however, that any person nominated to act as arbitrator is licensed to practice law before the courts of the State where the arbitration is conducted. There shall be one arbitrator for any arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Venue for any arbitration under this provision shall be at the office of the American Arbitration Association closest to Rock Creek Barbecue Club, or at such other location as the parties may agree. Notwithstanding the foregoing, Rock Creek Barbecue Club shall have the right to bring an action to protect its proprietary rights, or to seek expedited or temporary relief, in any court of competent jurisdiction.

7.8 Injunctive Relief. You acknowledge that any violation of Sections 2, 3 or 4 of these Terms of Use would be likely to irreparably harm Rock Creek Barbecue Club, and Rock Creek Barbecue Club shall have the right to injunctive relief to prevent or ameliorate any such violation, without the need to post a bond.

7.9 Assignment. These Terms of Use shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. These Terms of Use and the parties’ rights and obligations hereunder shall not be assignable and any attempted assignment or delegation shall be void. Notwithstanding the foregoing, Rock Creek Barbecue Club shall have the right to delegate its obligations hereunder to third party service providers of Rock Creek Barbecue Club, and Rock Creek Barbecue Club shall have the right to assign these Terms of Use and its rights hereunder to an affiliate or together with the sale of the business to which it relates.

7.10 Scope of Relationship. The relationship between the parties is that of independent contractors and neither party shall have any authority to bind the other in any way.

7.11 No Third Party Beneficiaries. These Terms of Use shall not confer any rights or remedies upon any person other than the parties and their respective successors and permitted assigns.