ACCESSIBILITY STATEMENT
TERMS AND CONDITIONS
Pik Nik BBQ WEBSITE TERMS OF USE
These terms of use set forth the terms and conditions that apply to your use of Pik Nik BBQ’s website (the “website”). By using the website you agree to comply with all of the terms of use set forth herein. The right to use the website is personal to you and is not transferable to any other person or entity.
INTELLECTUAL PROPERTY
Content on this website, including art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks (including the Pik Nik BBQ brand), logos, product or restaurant names, slogans, and any compilations of the foregoing (“website content”) is the property of Pik Nik BBQ or its licensees, and is protected by United States and other copyright, trademark, or other laws. You agree not to copy, distribute, transmit or modify the website content, whether in electronic or hard copy form, without the express prior written permission of Pik Nik BBQ.
LINKS TO THIRD-PARTY WEBSITES
We may provide links to third-party websites as a convenience to users of the website. We do not control such third-party websites and are not responsible for the contents of their websites. We do not endorse, recommend or approve any third-party websites linked from our website. You understand and agree that we will have no liability to any entity for the content or use of the content available through such hyperlinks.
NO REPRESENTATIONS OR WARRANTIES; LIMITATIONS ON LIABILITY
The information and materials on the website could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Pik Nik BBQ makes no representations or warranties with respect to any information, materials or graphics on the website, all of which is provided on a strictly “as is” basis, without warranty of any kind, and hereby expressly disclaims all warranties with regard to any information, materials or graphics on the website, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement. Under no circumstances shall Pik Nik BBQ be liable under any theory of recovery, at law or in equity, for any damages, including without limitation, special, direct, incidental, consequential or punitive damages (including, but not limited to, loss of use or lost profits), arising out of or in any manner connected with (1) the use of information or services, or the failure to provide information or services, from the website; (2) the use of or inability to use the website, the materials or any information, or transactions provided on the website or downloaded from the website, even if Pik Nik BBQ and its authorized representatives have been advised of the possibility of such damages; or (3) any claim attributable to errors, omissions or other inaccuracies in the website, the materials and/or listings or information downloaded through the website.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Pik Nik BBQ’s liability is limited to the greatest extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the website and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the website and any violation of these terms by you.
GOVERNING LAW AND JURISDICTION
This agreement will be governed by and construed in accordance with the internal laws of the state of New York without regard to conflicts of laws principles. By using this website, you hereby agree that any and all disputes regarding these terms will be subject to the federal, state and local courts in New York. These terms operate to the fullest extent permissible by law. If any provision of these terms is unlawful, void or unenforceable, that provision is deemed severable from these terms and does not affect the validity and enforceability of any remaining provisions.
CHANGES TO THESE TERMS OF USE
Pik Nik BBQ shall have the right at any time to change the terms of these terms, or change the website, including eliminating or discontinuing any content or feature of the website, restricting the hours of availability, or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the website, or by electronic mail, or by conventional mail. Your use of the website after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these terms periodically to ensure familiarity with the most current version.
NO PARTNERSHIP
Both you and Pik Nik BBQ acknowledge and agree that no partnership is formed and neither you nor Pik Nik BBQ has the power or the authority to obligate or bind the other. These terms constitute a binding agreement between you and Pik Nik BBQ, and are accepted by you upon your use of the website. These terms constitute the entire agreement between you and Pik Nik BBQ regarding the use of the website.
NO WAIVER
The failure of Pik Nik BBQ to comply with the terms of use because of an act of god, God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Pik Nik BBQ, shall not be deemed a breach of these terms. If Pik Nik BBQ fails to act with respect to your breach or anyone else’s breach on any occasion, Pik Nik BBQ is not waiving its right to act with respect to future or similar breaches. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
HEADINGS
The headings in these terms are for your convenience and reference. These headings do not limit or affect these terms. These terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the website, and replaces any prior understandings or agreements (whether oral or written) regarding the website. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The website and any promotions contained therein are void where prohibited.
BINDING AGREEMENT
These terms constitute a binding agreement between you and Pik Nik BBQ, and constitute the entire agreement with respect to your use of this website. By using the website, you are deemed to have accepted these terms, and to agree to adhere to the provisions herein.
PRIVACY STATEMENT
Pik Nik BBQ WEB SITE PRIVACY POLICY
Thank you for visiting the Pik Nik BBQ website (the “website”) and reviewing our privacy policy. This privacy policy describes the information collection and use practices on the Pik Nik BBQ website located at www.PikNikBBQ.com. It does not apply to information that we may collect from you in other forums, such as at our restaurant, offline, or through email, or information we may be provided about you by third parties.
PERSONALLY IDENTIFIABLE INFORMATION WE COLLECT AND HOW IT IS USED
You may browse our website without providing personally identifiable information; however, on certain areas of our site we do collect personally identifiable information. These areas include, for example, our mailing list sign up, sign-up, where we collect name, email address. Information we collect is used to respond to your request and as described at the time we collect information, as well as to send you information about us, or other products or services (whether ours or those of third parties) in whom we believe you may be interested, or for our other legitimate business purposes.
In addition to information we ask for specifically on the website, we may also use passive tracking technologies such as cookies and web beacons to log and record information such as the date and time of your visit, the originating IP address, and the pages and images requested. This information is used for us to better understand what areas of the website are popular, for website maintenance and support, to better understand our customers, and for our legitimate business purposes.
CHILDREN ON OUR SITE
The website is not intended for, directed to, nor do we believe it is appealing to children under 13. We do not knowingly collect any information from children under 13. Parents, if you believe your child has provided us with personally identifiable information, please contact us at hello@piknikbbq.com. To learn more about how to protect your children online, we encourage you to visit http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/.
THIRD-PARTY SITES
On certain areas of this website we may provide links to third-party sites. For example, we provide a link to www.opentable.com, a third-party site that provides restaurant reservation services. This privacy policy does not describe information collection practices on other sites, including those linked to or from the website. These links are provided as a convenience to you; however, please be aware that we do not control the third parties or their websites, and those third parties will have different privacy policies which apply to information that you may provide when you are on those third parties’ sites. You should read the privacy policies of all websites carefully before providing personally identifiable information.
SECURITY
We use industry-standard measures to protect information provided on this website. No website is one hundred percent secure, and thus you should take appropriate measures to protect yourself, including, for example, keeping all user names and passwords confidential.
CONTACT INFORMATION
If you no longer wish to receive marketing communications from us by email, you may opt out of receiving such emails by following the opt out opt-out instructions in any marketing email you receive. You may also contact us to opt out of receiving marketing emails by sending an email to hello@piknikbbq.com with the words “opt out of marketing” in the subject line of your message. If you have other questions or comments about our privacy practices, please contact us as follows:
45 Main Street
Tarrytown, NY 10591
(914) 631-5600
hello@piknikbbq.com
EFFECTIVE DATE AND CHANGES
This privacy policy is effective as of 03/25/2024. We will post the most recent version of the privacy policy on the website. By using the website, you understand that information you provide will be used as described in the most recent version of the policy. Your continued use of the website constitutes your understanding of and agreement to this policy. If you do not agree with how your information will be used, you should not provide information or use the website.
www.PikNikBBQ.com
Updated, in March 2024