Terms of Use

General Terms of Use

Ovation Brands and its subsidiaries and affiliates (collectively, “we,” “us,” and “our”) offer to you, the user, access to and use of www.ovationbrands.com , www.firemountain.com, www.ryans.com, www.oldcountrybuffet.com, www.hometownbuffet.com, www.countrybuffet.com, www.tahoejoes.com and other web sites owned or operated by us or linked to these General Terms of Use (collectively, the “Web Site”) conditioned on your acceptance, without modification, of the terms, conditions, and notices set forth in these General Terms of Use (these “Terms”). Your use of the Web Site constitutes your agreement to all such terms, conditions, and notices. We hereby reserve the unconditional right to modify these Terms at any time. These Terms are governed by the laws of the State of South Carolina, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Greenville County, South Carolina, U.S.A. in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

 

Products and Offers

All prices and offers that are displayed or referred to on the Web Site are quoted and payable in U.S. Dollars and are valid and effective only at participating locations. We reserve the right to discontinue or change products displayed or referred to on the Web Site, and prices and offers for such products, without notice.

 

Copyright and Trademark Information

Unless otherwise noted, all materials on the Web Site are protected as copyrights, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us.

You may not copy, reproduce, republish, transmit, distribute, modify, or otherwise use any of the materials on the Web Site, including, but not limited to, the trademarks, service marks, domain names, logos, company names, trade names or indicias of origin, without our prior written consent. You may request our written consent to use the materials on the Web Site by writing to, Ovation Brands, 120 Chula Vista, Hollywood Park, Texas 78232.

All rights not expressly granted are reserved.

 

Nature of the Information on this Website

Although we desire that the Web Site be a valuable source of information, we cannot maintain it on a “real time” basis. Furthermore, information on the Web Site may contain technical inaccuracies or typographical errors. We specifically disclaim any obligation to verify or update the information set forth on the Web Site. You should presume that the information presented on the Web Site is not entirely current and may be inaccurate for this and other reasons. Some of the information displayed or linked in the Web Site is provided by third parties outside of our control. These third parties are solely responsible for the accuracy of the information they present. WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION CONTAINED (OR LINKED) WITHIN THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL INFORMATION IS PROVIDED ON AN “AS IS” “WHERE IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED. ALL INFORMATION CONTAINED OR LINKED WITHIN THE WEB SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. IN NO EVENT SHALL WE OR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS (the foregoing collectively referred to herein as the “INDEMNIFIED PARTIES”) BE LIABLE FOR ANY CLAIMS, LOSSES, OR CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER THEY ARE FORESEEABLE, RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THE USE (OR INABILITY TO USE, OR DELAY IN USE) OF THE WEB SITE OR THE INFORMATION CONTAINED HEREIN. AS A PRECONDITION OF YOUR USE OF THE WEB SITE, YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY CLAIMS, LOSSES, OR DAMAGES RELATED OR IN ANY WAY ASSOCIATED WITH YOUR USE OF THE WEB SITE OR THE INFORMATION CONTAINED OR LINKED HEREIN.

 

Information Submitted by Users

Although we welcome and encourage your thoughts and comments, we do not want to receive confidential or proprietary information. Please note that any information or material sent to us will be deemed NOT to be confidential. By providing us with any information or material, you grant us, without cost, an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques you send us for any purpose.

 

Personal and Non-commercial Use Limitation

The Web Site is for your personal and non-commercial use.

 

No Unlawful or Prohibited Use

As a condition of your use of the Web Site, you warrant to us that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms.

 

Links to Third Party Sites

The Web Site may contain links to web sites operated by third parties. Such links are provided for your reference only. We do not control the sites connected to such links and we are not responsible for their contents. Our inclusion of links to other sites does not imply any endorsement of those sites or the material contained therein.

 

General

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to the Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Web Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any amendment and waiver of these Terms must be made in writing and signed by one of our duly authorized employees. You may not transfer, in any way, any of your rights or obligations under these Terms without our prior written consent. All of our rights and obligations under these Terms are freely assignable by us.

 

Contact Us

Please feel free to contact us with any comments, questions or suggestions you might have regarding these Terms or any of the information set forth on the Web Site. You may contact us by writing to Ovation Brands, 120 Chula Vista, Hollywood Park, Texas 78232, or call us at 800-871-0956.