TERMS OF USE & PRIVACY POLICY

Terms of Use

Effective Date: November 8, 2016

The following terms and conditions (collectively, the “Terms”) constitute an agreement for the use of the website www.asouthernaffair.com (the “Website”). By accessing or otherwise using this Website, you agree to be bound contractually by these Terms and the Privacy Policy, incorporated herein by reference. Your affirmative act of using this Website and/or registering with the Website constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

1. Parties. The parties to these Terms are you, and the owner and operator of this Website: 4R VENTURES, LLC and/or its affiliates (“Company”). All references to “we”, “us”, or “this Website” shall be construed to mean the Company.
2. Modification of Terms. We reserve the right to modify these Terms at any time, and without prior notice, by posting amended Terms that are always accessible through the “Terms” link on this Website’s home page. Your continued use of this Website indicates your acceptance of the amended Terms. You should check these Terms through this link periodically for modifications. We may also, from time to time, issue additional guidelines and rules with respect to using our Website. We will endeavor to notify you on the Website when we issue any such additional information. By using our Website, you agree that you will comply with any such additional guidelines and rules.
3. License. Company grants you a limited non-exclusive, non-transferable, and revocable license to access and use the Website, only for your personal use and not for purposes of resale. This license terminates automatically if you breach these Terms. You do not have the right to modify this Website, its content, or any copyright or other proprietary notices. Unauthorized use of this Website or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
4. Restrictions. You may not copy, modify, distribute, download, display, transfer, post, or transmit this Website or its content in any form without Company’s prior written permission.
5. Prohibited Activities. The following activities are also expressly prohibited without Company’s prior written permission: (i) any non-personal or commercial use of this Website; (ii) use of any robot, spider, other automatic device, or manual process to monitor or copy this Website or any of its content; (iii) attempting to gain unauthorized access to any of our services, user accounts, computer systems or networks through hacking, password mining or other means; (iv) “mirroring” this Website or any content on any other server; (v) reverse engineering, attempting to derive source code from, or translating for commercial purposes any part of the Website; (vi) collection or use of information for a supplier of competitive or comparable products or services; (v) misusing the Website or the services we provide, creating fraudulent user accounts, or collecting or storing personal information about other users; (vi) any action that imposes an unreasonable or disproportionately large load on this Website or otherwise interferes with its functioning; and (vii) any other action that may reasonably and adversely jeopardize the Company’s reputation or quality of services.
6. Posting To Public Areas of This Website. The Website may from time to time feature areas that are viewable by others (for example, to a forum or chat-room). We will not treat information that you post to areas of this Website that are viewable by others as confidential or proprietary. By posting information to public areas of this Website, you agree that we may use that information without any restrictions. You may not post any infringing, threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. We have no obligation to monitor posts to this Website; however, we reserve the right to review such posts and to remove any material that, in our sole judgment, is not appropriate.
7. Online Purchases. To purchase food products, merchandise, gift cards, or other items through the Website, you must provide valid payment card and billing information. Such information will be collected by the Company and used in accordance with our Privacy Policy and these Terms. When you purchase items through the Website, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing items through the Website, you represent and warrant to Company that you are capable of entering into a contract under the applicable law.
8. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this Website without notification to you. We may record or log your use in a manner as set out in our Privacy Policy.
   Ownership. The material provided on this Website is protected by law, including, but not limited to, United States copyright law and international treaties. Company or others own the copyright in the content of this Website. Except for the limited rights granted above, all other rights are reserved. All trademarks are the property of their respective owners. You may not remove or attempt to remove any copyright, trademark or other proprietary rights notices contained on this Website or on any other content associated with the services we provide.
9. Access to Website. We do not guarantee that you will be able to access or use the Website at times or locations of your choosing. We may perform updates or maintenance to the Website from time to time, and nothing herein shall in any way modify or limit our right to perform such maintenance and other services, even if such services would temporarily restrict your access to the Website
10. Links to This Website. Company grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website so long as the link does not portray Company or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the Company logo, Company trademark, or Company’s name or trademarks, or other proprietary graphic in the link without the prior written permission of Company.
11. Links to Third Party Web Sites. Company does not review or control third party Web sites that link to or from this Website, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party Website is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.
12. Participation In Promotions Of Advertisers. You may enter into correspondence with or participate in promotions of any advertisers promoting their products, services or content on this Website (“Advertisers”). Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each Advertiser.
13. ECPA Notice. This Website treats email messages and other communications through this Website as private. Exceptions are those permitted by law, included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the “ECPA”). The ECPA permits our limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime. This Website is not considered a “secure communications medium” under the ECPA.
14. USA Patriot Act Notice. The U.S. federal USA Patriot Act (“USA Patriot Act”) provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.
15. Accuracy of Information and Disclaimer of Warranty. Company has made every effort to present the content on this Website accurately, but additions, deletions and changes may occur. Except as may be provided in any separate agreements originating from this Website, products, services, and/or content on this Website is provided “as is”, and neither Company nor its representatives make any representation or warranty with respect to such products, services, and/or content. COMPANY AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS WEBSITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY ALSO DOES NOT IN ANY WAY REPRESENT OR WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL FILES.
16. Limitation of Liability. Under no circumstances will Company or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this Website or its content, even if they have been advised of the possibility of such damages. You access and use this Website at your own risk. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. FURTHER, TO THE MAXIMUM EXTENT PERMITTED AT LAW, OUR AGGREGATE LIABILITY FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, FRAUD, NEGLIGENCE, PRODUCTS LIABILITY AND STRICT LIABILITY), SHALL BE LIMITED TO THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY US FROM YOU PRIOR TO THE DATE OF THE CLAIM.
17. Indemnification. You hereby release, indemnify and hold the Company and its representatives, directors, owners, employees, agents, successors and assigns (collectively, the “Indemnified Parties”) harmless from, and agree that the Indemnified Parties shall in no event be liable for, any claims, losses, damages or liabilities relating to (i) any inaccuracies, errors or omissions with respect to any information contained on the Website, (ii) your activities in connection with this Website and/or materials, programs, features, products and services made available therein, including your purchase of products through this Website; and (iii) your violation of these Terms or the Privacy Policy. This indemnification obligation is in addition to other obligations set forth elsewhere in these Terms.
18. California Residents. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
19. Jurisdiction And Venue. The courts of Orange County in the State of Florida, USA and the nearest U.S. District Court to Orange County in the State of Florida, USA shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms.
    Controlling Law. These Terms shall be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law.
20. Entirety; Waiver. These Terms, including the Privacy Policy and any supplemental terms, policies, guidelines and rules that may be posted on the Website from time to time, embody the entire agreement between the parties concerning the matter dealt with herein and supersede all prior agreements or understandings as may relate to the proposed transaction completed hereby. No waiver of any of the provisions of these Terms shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).
21. Assignment. You may not assign or transfer any of its interest in or rights or obligations under these Terms without our prior written consent. We may, however, assign or transfer any of our rights or obligations under these Terms to any third party without your prior consent.
22. Intended For Use Only In The United States. This Website is controlled and operated by Company from its offices within the United States. Company does not represent that this Website is appropriate or available for use elsewhere; access to this Website from locations where its contents are illegal is not authorized. If you access this Website from outside the United States, you do so on your own initiative and at your own risk.
23. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
24. Authority, Eligibility. In accordance with the Children’s Online Privacy Protection Act, children under the age of 13 are prohibited from using this Website. If you are a parent or guardian of a minor child, you may use this web Website in compliance with these Terms and the Privacy Policy on their behalf, and any reference to “you” or “your” in these Terms shall refer to such minor child. Membership on this Website is null and void if prohibited by applicable law. By using the Website, you represent and warrant to us that you are at least 18 years of age, that you have the proper right, authority and capacity to enter into these Terms on your behalf or on behalf of another person, and that you will abide by the terms and conditions contained in these Terms.
25. Privacy. Please review this Website’s Privacy Policy, which also governs your visit to this Website (below).

Privacy Policy

Effective Date: November 8, 2016
This Privacy Policy applies to the Website www.asouthernaffair.com (the “Website”).

By accessing or otherwise using this Website, you agree to be bound contractually by this Privacy Policy.

1. Modification of Privacy Policy. We reserve the right to modify this Privacy Policy at any time, and without prior notice, by posting an amended Privacy Policy that is always accessible by clicking on the “Privacy Policy” link on this Website’s home page. Your continued use of this Website indicates your acceptance of the amended Privacy Policy. You should check the Privacy Policy through this link periodically for modifications.
2. Privacy Statement. 4R VENTURES, LLC, together with its Affiliates (hereinafter, the “Company”) operates this Website. All references to “we”, “us”, or “this Website” shall be construed to mean the Company. Company understands that visitors to this Website are concerned about the privacy of information. The following describes our Privacy Policy, including our policy regarding personally identifiable information that we collect through this Website about persons or entities who use or visit this Website. It also identifies the categories of third party persons or entities with which we share the collected personally identifiable information.
3. Collection of Personally Identifiable Information (hereinafter referred to as “PII”). When a person visits this Website and signs up for our newsletter or purchases merchandise, gift cards, or other products, we may collect certain categories of personally identifiable information. The information we collect may vary depending on the type of activity you engage in on our Website. For example, we may collect the following categories of personally identifiable information when using our Website: (i) contact information, such as your name, physical address, an email address, and phone number; (ii) credit card information when you purchase merchandise through our Website; and (iii) any information you voluntarily provide to us when you choose to use some and/or any of this Website’s interactive tools and services, such as completing questionnaires and surveys. We reserve the right to store or archive your PII indefinitely. You understand that even if you request that we remove all of your PII, it may be impossible and/or commercially unreasonable for us to do so. Regardless, we have no obligation to delete any information you provide through this Website.
4. Sharing of PII: General Policy. We do not rent, sell or share PII with you or nonaffiliated companies, except as otherwise set forth in this Privacy Policy. We may use your PII to (i) fulfill your purchase orders, (ii) send you information relating to our products or services or the products or services of our business partners or affiliates, (iii) contact you, if necessary, relating to your product purchases or other activities, (iv) customize your experience on this Website, our emails, or other communications, (v) run anonymous statistical analysis and research on our members’ use of our Website or services, and (vi) fulfill other legitimate business purposes.
5. Sharing of PII: Affiliates. Unless prohibited by law, we may use and share PII with any company that may be legally affiliated with us (such as, for example, any parent, subsidiary, or brother or sister entity) to help us design and improve products and services, and to offer products and services that may be of interest to you.
6. Sharing of PII: Third-Party Service Providers. When you submit your PII on this Website, we reserve the right to share it with a reputable third party that provides outsourced services for us (“Third Party Service Providers”). These Third Party Service Providers may include, for example, companies that (i) host, manage, and service our web servers, software and systems, (ii) provide business, data processing, or marketing services, and (iii) provide payment processing, fulfillment, and/or shipping services. Further, all such Third Party Processors are contractually bound by us to keep the information confidential, and all information provided to or accessible by Third Party Service Providers is required to be used by them only for purposes of the service they are providing for this Website.
7. Sharing of PII: Purchase or Sale of Businesses. We continually look for ways to improve our business. One such way of improving our business might be to buy or sell a company. If we buy or sell a business, databases containing PII will likely be transferred as part of the sale. In that event, we will use reasonable efforts to notify you before information about you is transferred to another party. If, in connection with a sale, there will be material changes to the way personally identifiable information is being used, affected consumers will be notified via e-mail and will be given the opportunity to opt-out.
8. Sharing of PII: Legal Process. We reserve the right to share PII with third parties in response to a subpoena, to prevent fraud, to comply with an inquiry by a government agency or other regulator, or as necessary for other legal purposes. We may also disclose PII to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use or other agreements with users of our service; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of the Company, its users or the general public.
9. Cookies. This Website, like many web sites, uses “cookies” (information stored on your computer by your browser at our request). Cookies enable the Website to “remember” who you are so that you can get around it easier and more efficiently. Cookies may allow you to access secured information, conduct secured transactions, and take advantage of promotional opportunities. Cookies in and of themselves do not personally identify users, although they do identify a user’s computer. Most browsers are initially set up to accept cookies. You may choose to disable cookies at your option and sole expense. By disabling cookies, you may not have access to the entire set of features on this Website. We reserve the right to use cookies to collect demographic and profile data for purposes of improving the content of this Website. We do not record personal or sensitive information in our cookies. Advertisers that may display ads on our Website, if at all, may also use cookies; however, we do not have access to the information obtained from cookies issued from other sites.
10. Traffic Data. We reserve the right to collect and store indefinitely three (3) types of “traffic data”: IP Addresses, Referrers, and System Information. IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. A Referrer is the information passed along by a web browser that references the Web URL you linked from. System Information includes time of access, the type of web browser being used, the operating system/platform, and CPU speed of your computer. We reserve the right to use this “traffic data” for purposes of identifying broad demographic trends and for improving the content of this Website. We will not use “traffic data” to attempt to identify your personal information; you will not be personally identified with “traffic data”.
11. Web Beacons. We may, in certain circumstances, use “web beacons” to collect anonymous, non-personal information about your use of our Website and your use of emails, special promotions or newsletters we send to you. “Web beacons” are graphic image files imbedded in a web page or email that provide a presence on the web page or email and send back to us information about your browser. The information collected through web beacons allows us to monitor the traffic on our Website and information regarding who opens emails from us and for what purpose.
12. USA Patriot Act Notice. The federal USA Patriot Act (“USA Patriot Act”) provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.
13. Other Web Sites, Links, Advertisers. This Website may contain links to other web sites. We reserve this right to have advertisers or other third parties on this Website who may also have links on this Website and may link to this Website. The privacy practices of advertisers or This privacy statement does not cover web sites linked to this Website, and we are not responsible for the privacy practices, data collection, storage, use practice or the content of such web sites. You should be careful to review any privacy policies and/or terms of services posted on any of these other web sites before signing up with and using them.
14. Security. Information collected by this Website is stored in secure operating environments that are not available to the public. We are dedicated to maintaining and upholding your privacy and security (for instance, by encrypting all data using 256-bit encryption methods) and are aware of our privacy and security policies. Unfortunately, no data transmission over the Internet can be guaranteed 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or store at this Website, and you do so at your own risk. You must promptly notify us if your PII is lost, stolen or otherwise compromised. We are not responsible for any such event or resulting consequences thereof, but will reasonably attempt to remove the compromised data from your account and update our records accordingly.
15. Information Provided on Behalf of Children. In accordance with the Children’s Online Privacy Protection Act, children under the age of 13 are prohibited from using this Website. We do not collect any information from children under the age of 13. If you are a parent or guardian of a minor child, you may use this Website in compliance with the Terms of Use and this Privacy Policy on their behalf. Any information you provide about a minor child will be considered PII.
16. Email. If you supply us with your e-mail address, you may receive periodic messages from us with information specific to the Website, the Company, new products or services, or upcoming events. If you prefer not to receive periodic email messages, you may opt out.
17. Contact Us. If you have any questions regarding this Privacy Policy or your dealings with this Website, please contact us at marketing@4rsmokehouse.com.