These Terms of Service (collectively, these “Terms of Service”) are agreed to as of this day by
you (the “User,” “you” or “your”) and Loubier Gourmet, LLC (“Loubier Gourmet,” “us,” “our,”
or “we”). These Terms of Service set forth the terms and conditions that apply to your access to
and use of www.loubiergourmet.com, loubierbbqbox.com, and our related technology systems
(collectively, the “Website”). These Terms of Service also set forth the terms and conditions that
apply to the use of the Website and any User’s subscription to LOUBIER GOURMET’s
newsletter or purchase of any online service or product offered by LOUBIER GOURMET
(collectively, “Online Services”).
Website and/or your registration for, purchase, or use of any of our Online Services. By
submitting information to LOUBIER GOURMET, either by using our Website or registering for,
purchasing, or using an Online Service, you agree to be bound by all of the terms and conditions
LOUBIER GOURMET, in its sole discretion and from time to time, may make to these Terms of
register for, purchase, or use any of our Online Services, and your sole remedy is to stop using
our Website and our Online Services.
Compliance with These Terms of Service
You agree to comply with all federal, state and local laws, rules and regulations regarding online
conduct and transmission of information. To determine your compliance with these Terms of
but not the obligation, to monitor your use of the Website and our Online Services. LOUBIER
GOURMET reserves the right to refuse to post or to remove any information or materials, in
whole or in part, that it deems in its sole discretion to be unacceptable, offensive, or in violation
Using our Website and Online Services
You are only entitled to use our Website for lawful purposes and pursuant to the terms and
Website may be interrupted from time to time for any of several reasons, including, without
limitation, the malfunction of equipment, periodic updating, maintenance or repair of our
Website, or other actions that LOUBIER GOURMET, in its sole discretion and from time to
time, may elect to take. LOUBIER GOURMET reserves the right to suspend or discontinue the
availability of our Website and/or any portion or feature of our Website at any time in our sole
discretion and without prior notice.
You shall not, and you shall not attempt to or otherwise authorize, encourage, or support a third
party’s attempts to, create derivative works of or make commercial use of the content on our
Website (“Content”). You shall also not, and you shall not attempt to or otherwise authorize,
encourage, or support a third party’s attempts to, circumvent, re-engineer, decrypt, break, or
otherwise alter or interfere with our Website in any manner. You shall also not reproduce,
modify, distribute, sell, or otherwise transfer any rights in and/or to any Content. You shall not
metatag, provide links to, frame, or mirror our Website without the prior express written
permission of LOUBIER GOURMET.
You shall not be permitted to do any of the following, as determined by LOUBIER GOURMET,
in its sole discretion, each of which may result in your loss of the right to access and use our
Website and/or Online Services: (a) violate the terms and conditions of these Terms of Service,
enjoyment of our Website or any Online Service; or (c) through the use of our Website or any
Online Service, defame, abuse, harass, offend, or threaten anyone or any entity.
You acknowledge that you are solely responsible for providing and maintaining all equipment,
hardware, software and means of communication, and charges for all related services, for your
access to and use of the Website and our Online Services.
Intellectual Property Rights
The name “LOUBIER GOURMET, and other trade names, URLs, and Website domain names owned
and/or operated by LOUBIER GOURMET, and LOUBIER GOURMET’s graphics, logos, page
headers, button icons, scripts, and service names are copyrights, service marks, trademarks
and/or trade dress of LOUBIER GOURMET (collectively, the “Proprietary Marks”). You may
not use the Proprietary Marks without the prior express written permission of LOUBIER
GOURMET, which permission may be withheld in LOUBIER GOURMET’s sole discretion.
LOUBIER GOURMET makes no proprietary claim to any third party names, trademarks, or
service marks appearing on our Website. Any third party names, trademarks, and service marks
are property of their respective owners.
The Content, downloads, and other data and information viewable on, contained in, or
downloadable from our Website and the Proprietary Marks, and all other intellectual property,
proprietary rights, or other rights related to tangible and intangible property which are used,
developed, comprising, embodied in, or provided in connection with our Website and Online
Services (collectively, the “Intellectual Property”), including, without limitation, all text,
graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or
trademarked by, or otherwise licensed to, LOUBIER GOURMET or its Content suppliers. All
software used for our Website (the “Software”) is the property of LOUBIER GOURMET or its
software vendors and is protected by U.S. and international copyright laws. Viewing, reading,
printing, downloading, or otherwise using the Intellectual Property does not entitle you to any
ownership or intellectual property rights in and/or to the Intellectual Property or the Software.
You shall be solely responsible for any damage resulting from your infringement of LOUBIER
GOURMET’s or any third party’s intellectual property rights regarding the Proprietary Marks,
the Intellectual Property the Software, and/or any other harm incurred by LOUBIER
GOURMET or any third party as a direct or indirect result of your copying, distributing,
redistributing, transmitting, publishing, or using the same for purposes that are contrary to the
terms and conditions of these Terms of Service or applicable law.
Notwithstanding anything to the contrary herein, links from the Website are provided as a
convenience to the visitors thereof. No third party website that is linked to the Website or the
content thereof has been developed by LOUBIER GOURMETand LOUBIER GOURMEThas
not reviewed, and is not responsible for, the content of any such third party websites. LOUBIER
GOURMETmakes no guarantees, representations, or warranties as to, and shall have no liability
for, any content contained in or derived from any third party website.
By using our Website or using an Online Service, you consent to receive communications from
LOUBIER GOURMET electronically. Although LOUBIER GOURMET may choose to
communicate with you by other means, LOUBIER GOURMET may also choose to solely
communicate with you electronically by e-mail or by posting notices on our Website. You agree
that all agreements, notices, disclosures, and other communications that LOUBIER GOURMET
sends to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties
ALL CONTENT CONTAINED ON LOUBIER GOURMET’S WEBSITE OR NEWSLETTER, OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH LOUBIER GOURMET OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. LOUBIER
GOURME TMAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LOUBIER GOURMET HEREBY SPECIFICALLY DISCLAIMES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER IMPLIED WARRANTIES. Notwithstanding any other agreement or other
communications to the contrary, receipt or use of any content contained on the Website or Online
Services, or that is derived or acquired by User therefrom at any time and through any means,
whether directly or indirectly, represents such User’s acknowledgement of this Disclaimer of
warranties and his or her agreement with the terms and conditions contained herein.
LOUBIER GOURMET’s Return Policy applies to your purchase of any materials or products
from the LOUBIER GOURMET through the Website (collectively, the “Product”). If you
ordered an incorrect Product or need to return a Product for other reasons, you may return the
Product to the Company for a refund within thirty (30) days of delivery of the Product to you,
subject to the following terms and conditions:
You must first contact LOUBIER GOURMET by e-mail at email@example.com or by
telephone at 888-568-2437 to request a Returned Material Authorization (RMA) number. Write
the RMA number on the shipping label of each box to be returned. Please be advised that any
Product returned without an RMA number or returned beyond 30 days of delivery of the Product
to you, will not be accepted and will be returned to you at your expense.
Products must be un-opened in their original packaging to be accepted for return. If LOUBIER
GOURMET elects to accept the return of an opened Product (which it may decline in its sole
discretion), such opened Products are subject to a 20% restocking fee.
LOUBIER GOURMET does not reimburse shipping costs to return an item.
Return packages with insufficient postage will not be accepted.
Products must be returned and received by LOUBIER GOURMET in original condition. We will
not accept Products damaged in return transit, so please be sure to package the Product well and
consider insuring the package. No returns/refunds/exchanges on discontinued items and clearance items.
If Products are originally purchased with a Gift Certificate Voucher, a Gift Certificate Voucher
will be given as payment for return. LOUBIER GOURMET’s refund policy only applies to Products, and does not apply to any memberships, registrations or subscriptions to Online Services.
To return an item, please call 1-888-LOUBIER, and ship to 2625 Alcatraz Ave #337 Berkeley,
Users may cancel their subscription for Online Services at any time upon the delivery of written
notice to the following: (a) by e-mail to firstname.lastname@example.org, or (b) by U.S.
mail or other delivery to Loubier Gourmet, LLC, Attn: President, 2625 Alcatraz Ave #337
Berkeley, CA 94705.
From time to time, LOUBIER GOURMET may endorse, promote or suggest services and/or
products. LOUBIER GOURMET’s recommendations will be based solely on LOUBIER
GOURMET’s determination that the service/product is of value to Users based on a review
thereof by LOUBIER GOURMET, and/or LOUBIER GOURMET’s relationship with the
provider/producer of such service/product and/or LOUBIER GOURMET’s prior usage of such
service/product. LOUBIER GOURMET may be compensated for its recommendations.
LOUBIER GOURMET may receive sample services/products for the purpose of conducting a
review thereof. LOUBIER GOURMET’s policy is to conduct to the best of its ability an
unbiased review of such services/products. If a service/product does not meet LOUBIER
GOURMET’s standards or expectations, or is deemed unsafe or is likely to be unsafe, such
findings will be noted in the corresponding review of such service/product. Notwithstanding the
foregoing, no review shall be deemed to be a guarantee, representation or warranty as to the
suitability of any service/product for any particular purpose, and no review should be relied upon
by any person in making a determination to purchase, acquire or utilize any such service/product.
The determination to utilize any service/product for which LOUBIER GOURMET provides a
review shall be solely the responsibility of the person utilizing such service/product and
LOUBIER GOURMET shall not be liable in any way as a result of any such person’s use of any
such service/product. By entering this giveaway, you agree that you are subscribing to the
www.loubiergourmet.com email newsletters and granting your approval for Sponsors to contact you regarding offers, information on giveaways and special promotions. By opting in, you also agree that you are
subscribing to the Legendary Ventures and any of their DBA’s/Partners email newsletter and
granting your approval for Sponsors to contact you regarding offers, information on giveaways
and special promotions.
Limitation on Liability of LOUBIER GOURMET
Any liability of LOUBIER GOURMET, whether in contract, tort, negligence, or otherwise, shall
be limited in the aggregate to direct and actual damages not to exceed the fees received by
LOUBIER GOURMET from any User in connection with such use of, registration for and
subscription to any Online Services. LOUBIER GOURMET will not be liable for any losses,
damages, claims, costs, expenses or other liabilities resulting directly or indirectly from the use
of or reliance upon any content contained in the Website or Online Services. Without limitation,
LOUBIER GOURMET shall not be responsible or liable for any loss or damages, either directly
or indirectly, related to (1) any loss of any kind; (2) an inability to access or utilize, or any delay
in accessing or utilizing, the Website or any links contained therein to or from any other websites
or content; (3) any information or content not contained on the Website, or the failure of
LOUBIER GOURMET to provide, or any delay in providing, any particular content, or any error
in the transmission of any content; or (4) the use of any content contained on the Website in any
way that may be deemed unsuitable for its intended purpose or that is against industry standards.
We reserve the right to amend these Terms of Service at our sole discretion and at any time. You
should review these Terms of Service periodically to check for amendments. We will post notice
of modifications and additions to these terms on this page. Changes will not apply retroactively
and will become effective immediately after they are posted. However, changes addressing new
functions for an Online Service or changes made for legal reasons will be effective immediately.