Terms of Service
1. Overview
Mill Scale, LLC d/b/a Mill Scale Metalworks (“Mill Scale,” “us,” “our,” or “we”) provides this website (including all information, products, and services available through the site) to you, the user, subject to this Terms of Service Agreement (“Agreement”). By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to the terms and conditions of this Agreement, including those additional terms and conditions and policies referenced herein. Our Service includes, without limitation, selling commercial barbecue smokers and grills (“Products”) through our site. Any new services, products, or content added to our site shall fall under the terms of this Agreement.
2. General Terms
You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our Products for any illegal or unauthorized purpose. We reserve the right to refuse the Service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, or access to the Service or any contact on the site through which the Service is provided, without our express written consent.
3. Our Products
Certain Products may be available exclusively online through the site in limited quantities. These Products are made to order and may not appear exactly as depicted in the images of our Products on the site. We also cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to limit the sales of Products to any person or geographic region on a case by case basis. We further reserve the right to limit the quantities of or discontinue any Products that we offer. All Product descriptions and pricing are subject to change at any time without notice. Products may not be returned or refunded. Any offer for any Product or good made on this site is void where prohibited.
4. Limits and Modifications
Prices for our Products are subject to change at any time without notice. We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
Once an order is placed for a smoker, grill, or cooker, it may only be modified by the purchaser within 24 hours. Ensure that you have selected all desired options at the time the order is placed. All sales of smokers, grills, fire tools, and any other cooking equipment are final.
We reserve the right to refuse any order you place with us. We may, in our sole discretion and without notice, limit or cancel the quantity of Products purchased per person, per household, or per order. These restrictions may include limiting orders placed under the same customer account, same credit card, or same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
5. Payment Terms and Billing Information
You agree to provide current, complete, and accurate information for all purchases made through our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Upon ordering a Product from us, you agree to pay a non-refundable deposit at the time of the order. Once the Product has arrived at our location at 831 Old Lytton Springs Road, Lockhart, Texas 78644, the remaining balance will be due and the title and risk of loss passes to you. We are not responsible for any shipping and handling costs.
6. Content Supplied by Users
You understand that all information and content, whether publicly displayed by you on the site or privately transmitted through the site, is your responsibility. You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Each user is fully responsible for any and all content that that user uploads, posts, e-mails, or transmits using the site. We do not and cannot control the content other users transmit through the site. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property rights or this Agreement. However, under no circumstances shall we be held liable for your exposure to content that you deem offensive, indecent or objectionable. Under no circumstances shall we be held liable for any errors or omissions in any content transmitted by other users.
Your submission of personal information through the site is governed by our Privacy Policy.
7. Prohibited Conduct
You agree to not use the site to: (a) upload, post, or transmit any content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable; (b) harm legal minors; (c) collect personal information on, “cyberstalk” or harass another user, or engage in conduct that negatively affects the online experience of another user; (d) impersonate another user, person, or entity; (e) intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act; (f) upload, post or transmit any software or files that contain software viruses or other harmful computer code; (g) interfere with the operation of our web servers or other computers or Internet or network connections; (h) upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; (i) upload, post or transmit any unsolicited or unauthorized advertising, including “spam” or “junk mail.”
We may disclose any content you post, upload or transmit through the site, if such disclosure is necessary to enforce this Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of us, the public, or other users.
8. User Comments
If you submit certain content to us, with or without our request, including without limitation creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you submit. We shall be under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.
You agree that your comments will not violate any right of any third-party. You further agree that your comments will not contain any libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the Service or any related website. You may not use a false identity or mislead us or third parties as to the origin of any comments.
9. Indemnity
You agree to indemnify and hold Mill Scale and its parent, subsidiaries, affiliates, officers, agents, directors, contractors, licensors, service providers, subcontractors, suppliers, co-branders or other partners, and employees (collectively, the “Mill Scale Parties”), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, any Product purchased by you, your violation of this Agreement, or your violation of any rights of another.
10. No Resale
You agree not to reproduce, copy, duplicate, or sell any portion of the site nor any Products available for purchase through the site.
11. Hyperlinks
Certain content, products, and services available via the Service may include materials from third parties. Third-party links may direct you to other Internet sites not under the control of Mill Scale. These hyperlinks are not express or implied endorsements or approvals by us of any products, services, or information available from these third-party sites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites.
12. Our Intellectual Property Rights
You agree not to use, display, distribute, license, or create derivative works from any of our intellectual property, including our logos, designs, titles, phrases and Product names and the copyrights, trademarks, service marks and other intellectual property in such materials, available on this site or on any Products.
13. Disclaimer of Warranties
We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, or error-free. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and any and all Products purchased by you, are provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY EXPRESSLY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF TITLE, WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR WARRANTY OF ACCURACY OF INFORMATIONAL CONTENT. We assume no responsibility for any data loss or other loss suffered by any user of this site.
14. Limitation of Liability
IN NO CASE SHALL ANY OF THE MILL SCALE PARTIES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES, CAUSE OF ACTION, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCT PURCHASED BY YOU THROUGH THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, 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 THE SERVICE OR ANY PRODUCT OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. IN NO EVENT SHALL THE MILL SCALE PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR ANY PRODUCT PURCHASED BY YOU THROUGH THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED (A) THE TOTAL AMOUNT YOU PAID FOR SUCH PRODUCT OR (B) $10,000, WHICHEVER IS LESS. IN ANY STATE OR JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ASSUME ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF THE SERVICE OR ANY PRODUCT PURCHASED BY YOU THROUGH THE SERVICE, IN THE PRACTICE OF ANY PROCESS, WHETHER IN TERMS OF OPERATING COSTS, GENERAL EFFECTIVENESS, SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY THE MILL SCALE PARTIES, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE OF THE SERVICE OR SUCH PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR THE SAFE USE OF THE PRODUCTS YOU PURCHASE THROUGH OUR SITE, TRAINING OTHERS IN THE SAFETY MEASURES NEEDED TO OPERATE SUCH PRODUCTS, AND PROPERLY MAINTAINING SUCH PRODUCTS.
15. Governing Law
This Agreement shall be governed by the laws of the State of Texas without giving effect to any conflict of law provisions. Any dispute arising from or relating to this Agreement, your use of the Service, or to any purchase, return or other transaction with us shall be submitted to confidential arbitration in Caldwell County, Texas. However, if you have in any manner violated or threatened to violate any of our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Texas. You consent to the exclusive jurisdiction and venue in these courts. Any arbitration under this Agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Any claim arising under the terms of this Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.
16. General
This Agreement constitutes the entire agreement between you and us and governs your use of this site, superseding any prior or contemporaneous agreements, communications, and proposals, whether written or oral, between you and us (including any prior versions of the Terms of Service). Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver by us of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
17. Changes to Terms of Service
We reserve the right, at our sole discretion, to update, change, or replace any part of this Agreement by posting updates and changes to our site. Your continued use of the site and our Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
18. Contact Information
Questions about this Agreement or reports of any known or suspected violations of this Agreement, including any suspected copyright or trademark violations, should be sent to us at info@millscale.co.
