PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE USING THE BLUE MOOSE WEBSITE & SERVICES. IT GOVERNS YOUR RIGHTS AND RESPONSIBILITIES.
LAST REVISED: June 15, 2023
Welcome to the Blue Moose (“Blue Moose,” “we,” “us,” or “our”) website, provided to you over the internet to certain computers, mobile and other devices (“Devices”) and access through bluemooseburgersandwings.com (the “Site”). This agreement applies regardless of what device, mobile or otherwise, you may use to access Blue Moose services.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and Blue Moose. In this Agreement, the term “Site” includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site. By using this Site, you understand, acknowledge, and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services (“Additional Terms”). The Site may also provide rules of participation (“Rules”) for certain activities and services including, but not limited to, contests and sweepstakes, award programs, conduct, and email. The Site’s Additional Terms, Privacy Policy, and Rules are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, the Rules shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service, or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties, and limitations of liability.
1. ACCEPTANCE OF TERMS: The Site is designed for and targeted to Adults. It is intended solely and exclusively for those at least 18 years of age or older. In order to use and access the features and services provided by this website you must be 18 years of age or older (or whatever the applicable age of majority (legal adulthood) is where you are located). If you are not an adult, please stop and discontinue your use of this website. If for any reason you do not agree with all of the terms and conditions contained in this Agreement, including this website’s Privacy Policy, please discontinue using the website immediately.
Software, content and other products available from the Site may be subject to United States Export laws, rules and regulations, as amended from time to time. No software available from the Site may be downloaded or exported, including without limitation, (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading content and otherwise using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. By using this website, you agree to be legally bound by all of the terms of this Agreement.
2. CHANGES: Blue Moose reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of Blue Moose services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of Blue Moose services will be deemed acceptance thereof.
3. REPRESENTATIONS: By using this website you represent and warrant that you are a legal adult, that you meet all other eligibility requirements, and that you are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and to abide by and comply with these terms and conditions.
4. REGISTRATION: In accessing this website or certain of the resources on the website, including receiving a periodical newsletter, you may be asked to provide registration details including a valid e-mail address. It is a condition of use of this website that all the details you provide will be correct, current, and complete. If Blue Moose believes the details are not correct, current, or complete, we have the right to refuse you access to the website or any of its resources.
5. PRIVACY: Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
6. COMMUNICATION PREFERENCES: By using Blue Moose services, you consent to receiving electronic communications from Blue Moose. These communications may involve sending emails to your email address you provided. You consent to receiving certain communications from us, such as newsletters about new Blue Moose features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply contact us at Blue Moose Customer Service, (865) 584-4245 or info@dclfood.com, or send us mail at 7100B Kingston Pike, Knoxville, TN 37919.
7. RULES OF CONDUCT: You agree that when using the Site, you will act in a manner consistent with the goals of the Site, and you specifically agree that:
You will not violate any applicable local, state, national or international law, including but not limited to any rule, regulation, decree or ordinance.
You will not download information from the Site unless you have all rights and authority necessary to do so.
You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to the Site, Blue Moose or its affiliates’ servers, Blue Moose or its affiliates’ software or areas of the Site not intended for your access.
You will not harvest, mine or otherwise collect or store personal information about others including, without limitation, e-mail addresses.
You will not use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to Blue Moose servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Blue Moose grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Blue Moose reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information, including without limitation email addresses, from the Site or to use the communication systems provided by the Site for any commercial solicitation purpose.
8. INFRINGEMENT NOTICE: We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Site, please notify us by sending an email to the following address Blue Moose Customer Service, info@dclfood.com, or my mailing us at 7100B Kingston Pike, Knoxville, TN 37919. In order for us to more effectively assist you, the notification must include all of the following: (i) A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf; (ii) a description of the copyrighted work or other right you claim has been infringed or violated; (iii) information reasonably sufficient to locate the material in question on the Site; (iv) your name, address, telephone number, email address and all other information reasonably sufficient to permit us to contact you; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and (vi) a statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
9. YOUR LIMITED LICENSE AND OUR INTELLECTUAL PROPERTY: Subject to these terms, Blue Moose hereby grants you a non-exclusive, non-transferable, non-sublicensable, right to: (i) access the Site; (ii) access the content and the software which includes, but is not limited to files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”), made available through the Site; and (iii) download, print and use one copy of the content for your personal or internal use only. Any use of the Site or its content for commercial purposes is strictly prohibited. This license is for personal, non-commercial use only. Unauthorized access to the Site, or to the telecommunications or computer facilities used to deliver the Site, is a breach of these terms and is a violation of law. The Site and anything derived from it, including without limitation its content, information, Software, products, and services are the sole property of Blue Moose.
If you download Software from the Site, the Software is licensed to you by Blue Moose pursuant to the above license grant and pursuant to other terms and conditions that accompany the Software, if any. Blue Moose does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Blue Moose or its licensors retains full and complete title to the Software and all intellectual property rights therein.
No content, or trademarks, service marks and logos contained in the content (collectively, “Marks”), may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of Blue Moose or the applicable owner of such content and Marks. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. Modification of the content or use of the content for any other purpose is a violation of Blue Moose’s copyright and other proprietary rights. For purposes of these terms, the use of any such content on any other website or networked computer environment is prohibited.
Except as specifically permitted in these terms, you may not, directly or indirectly: (i) transfer, sell, sublicense, rent, or lease the content on the Software; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Site in any manner which violates this these terms or any applicable law; (iii) reverse engineer, decompile, disassemble, translate, or convert any Software or computer programs used to access the Site; and/or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate or otherwise modify the content, and/or Software or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). Upon request, you must provide Blue Moose with evidence of compliance with this Section. Any special rules for the use of the content or Software, accessible on the Site may be included elsewhere within the Site and are incorporated into these terms by reference.
The content of the Site is protected by copyright and other United States and foreign intellectual property and related laws, rules and regulations. The content includes both material owned or controlled by Blue Moose and material owned or controlled by third parties and licensed to Blue Moose. Title to all content on or from the Site remains with Blue Moose or the third party owners of such content. Any use of the content not expressly permitted by these terms is a breach of these terms and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved by Blue Moose.
10. E-COMMERCE: If products and services are made available for purchase through the Site and you wish to purchase such products or services, you may be asked by Blue Moose or its designee (or, if such product or service is being made available by a third-party provider, by such third-party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR USERNAME(S) TO PURCHASE ANY SUCH PRODUCT AND/OR SERVICE. You acknowledge that any such information will be treated by Blue Moose in accordance with Blue Moose’s Privacy Policy. Any information provided by you to a third party provider will be handled according to that provider’s privacy policy and other applicable terms. You grant Blue Moose the right to provide all necessary information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Site. Verification of information may be required prior to acceptance of any order through the Site. Descriptions or images of, or references to, products or services on the Site do not imply Blue Moose’s endorsement of such products or services. Blue Moose reserves the right, with or without prior notice, to: (i) change descriptions or references to products or services; (ii) limit the available quantity of any product or service; (iii) honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; (iv) and/or refuse to provide any visitor to the Site with any product or service. Price and availability of any product or service offered through the Site is subject to change without notice. Refunds and exchanges shall be subject to Blue Moose’s refund and exchange policies, as may be made available by Blue Moose and updated by Blue Moose from time to time. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, you remain responsible for any and all taxes that may be applicable to your purchase(s), and you agree that such taxes, if any, are not the responsibility of Blue Moose.
11. DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY: Blue Moose DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF Blue Moose SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Blue Moose MAY REMOVE Blue Moose SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL Blue Moose SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. Blue Moose MAY PERIODICALLY SCHEDULE SYSTEM DOWNTIME FOR MAINTENANCE AND OTHER PURPOSES. UNPLANNED SYSTEM OUTAGES MAY ALSO OCCUR. YOU EXPRESSLY AGREE THAT Blue Moose HAS NO LIABILITY WHATSOEVER FOR: (I) THE RESULTING UNAVAILABILITY OF THE SITE; (II) ANY LOSS OF DATA OR TRANSACTIONS CAUSED BY PLANNED OR UNPLANNED SYSTEM OUTAGES (III) THE RESULTANT DELAY, MIS-DELIVERY OR NON-DELIVERY OF INFORMATION, PRODUCTS OR SERVICES CAUSED BY SYSTEM OUTAGES; OR (IV) ANY THIRD-PARTY ACTS OR ANY OTHER OUTAGES OF WEB HOST PROVIDERS, INTERNET SERVICE PROVIDERS OR THE INTERNET FACILITIES AND NETWORKS.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, Blue Moose SERVICES IS AT YOUR SOLE RISK. Blue Moose SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH Blue Moose SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY Blue Moose) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL Blue Moose, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF Blue Moose SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF Blue Moose SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA Blue Moose SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BLUE MOOSE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Blue Moose SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH Blue Moose SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND Blue Moose HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Blue Moose DOES NOT REPRESENT OR GUARANTEE THAT Blue Moose SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND Blue Moose DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM Blue Moose.
WHILE Blue Moose USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION IN THE CONTENT PROVIDED, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERROR OR OMISSION OF ANY CONTENT.
12. WAIVER AND INDEMNIFICATION: BY USING Blue Moose SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD Blue Moose, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF Blue Moose SERVICES, OR ANY ACTION TAKEN BY Blue Moose AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM Blue Moose, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO Blue Moose SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF Blue Moose’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
13. CUSTOMER SUPPORT: If you need assistance with the Site, call or email Blue Moose Customer Service, (865) 584-4245 or info@dclfood.com. There you will find the answers to many frequently asked questions and be able to reach a customer service representative. To find more information about our service and its features, please visit bluemooseburgersandwings.com. In the event of any conflict between these Terms of Service and information provided by customer support or other portions of our website, these Terms of Service will control.
14. GOVERNING LAW: The Blue Moose Terms of Service shall be governed by and construed in accordance with the laws of the State of Tennessee, U.S.A. without regard to conflict of laws provisions. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
15. EXCLUSIVE JURISDICTION AND VENUE: You agree that either the State courts of Sevier County, Tennessee, or the United States District Court for the Eastern District of Tennessee is the proper and exclusive venue and jurisdiction for any dispute arising under or relating to these terms or to your use (or inability to use) of the Site.
16. MISCELLANEOUS: These terms do not create rights enforceable by third parties.
These terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. These terms will bind and inure to the benefit of each party’s successors and permitted assigns. You may not assign, transfer, or sublicense any of your rights or obligations under these terms without Blue Moose’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner, and the enforceable sections of these terms will remain binding upon the parties. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These terms, together with all policies referred to herein, constitute the entire agreement between you and Blue Moose with respect to your use of the Site and supersedes all prior or contemporaneous communications and proposals between you and Blue Moose regarding such subject matter. Without limitation, you agree that 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.
17. CONTACTING Blue Moose:
If you have any questions about Blue Moose generally, these terms or the Site, please feel free to contact Blue Moose at:
Customer Service
7100B Kingston Pike
Knoxville, TN 37919
(865) 286-0119
info@dclfood.com
18. ADDITIONAL COMPLIANCE: Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the website is Smoky Mountain Blue Moose, LLC, Alcoa Blue Moose, LLC, and/or its affiliates located at: 7100B Kingston Pike, Knoxville, TN 37919.
To file a complaint regarding the website or to receive further information regarding use of the Site, send a letter to the above address, or contact Blue Moose via e-mail at info@dclfood.com.