Terms and Conditions
These terms and conditions (“Terms and Conditions”) are between you and Killer Burger LLC (“Killer Burger,” “we,” or “us”). The Terms and Conditions govern your access to and use of the Killer Burger website at www.killerburger.com, including any goods and services offered on or through it (the “Site”).
By using the Site, you agree to be bound by these Terms and Conditions. Killer Burger may terminate your ability to use the Site without notice if you do not comply with the Terms and Conditions. If you do not agree to these Terms and Conditions, you must not access or use the Site.
Killer Burger reserves the right to make changes to the Site and to the Terms and Conditions at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms and Conditions means that you accept and agree to the changes.
All Information that Killer Burger collects on this Site is subject to our Privacy Notice posted at the Site here. The Privacy Notice explains what we mean by “Information.” By using the Site, you consent to all actions we take regarding your Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms and Conditions. To the extent there is a conflict, the Terms and Conditions supersede the Privacy Notice.
All Site Content (as defined below) is current as of the date it is posted on the Site to the best of Killer Burger’s knowledge.
- Intellectual Property
The Site and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“Site Content”) are the property of Killer Burger or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below.
The Killer Burger name and related logos are trademarks and service marks (“Marks”) of Killer Burger Marks may not be used without advance written permission of Killer Burger, including in connection with any product or service that is not provided by Killer Burger, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Killer Burger. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.
If you believe that any content on the Site violates your intellectual property rights, please notify Killer Burger as described in Section 18.
- Limited License And Prohibited Uses
Killer Burger grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Site Content as an informative resource while using the Site and to engage in transactions on the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior permission of Killer Burger is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.
You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree that you will not:
- Use the Site in any way that violates any applicable law or regulation.
- Use the Site for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
- Send, knowingly receive, upload, download, use or re-use any material that does not comply with the Terms and Conditions.
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- Impersonate or attempt to impersonate Killer Burger, a Killer Burger employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Killer Burger, may harm Killer Burger or users of the Site or expose them to liability.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Killer Burger’s prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Make a purchase or attempt to make a purchase using any robot, spider, or other automatic device, software, process, or application.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
This Site is not intended for children under 13 years old. For more information, please see our Privacy Notice.
Killer Burger takes fraudulent purchases very seriously. We reserve the right to deny any purchase we determine as high risk of fraud, including but not limited to any orders or attempted orders made by or through the use of any robot or other automatic device or software.
Products purchased at Killer Burger are for personal use only. By placing an order, you certify that you are purchasing products for personal use only and not for resale of any kind. We reserve the right to refuse orders for any reason and without explanation.
The price for all products is as quoted on the Site. Availability is subject to change without notice. Prices do not include sales tax, where applicable, or delivery costs, both of which you agree to pay upon ordering.
- Third Party Content
This Site may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Killer Burger. Killer Burger is not responsible for the content or accuracy of any materials provided by any third parties.
- Links To Other Web Sites
- Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONDUCTING TRANSACTIONS RELATED TO IT ARE AT YOUR SOLE RISK. WHILE KILLER BURGER ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE AND PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS-IS” BASIS. KILLER BURGER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, KILLER BURGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
YOU UNDERSTAND THAT KILLER BURGER CANNOT GUARANTEE THE ACCURACY OF PRODUCT DESCRIPTIONS ON THE SITE (I.E., PRICING, PRODUCT IMAGES, AND INDICATIONS OF AVAILABILITY), AS PREPARATION MAY VARY BETWEEN LOCATIONS, AND THE PARTICULAR TECHNICAL SPECIFICATIONS AND SETTINGS OF YOUR COMPUTER AND ITS DISPLAY COULD AFFECT THE DISPLAY OF PRODUCT COLORS.
- Limitation of Liability
KILLER BURGER, ITS DIRECTORS, ITS CONTRACTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, ANY SITE FOR WHICH IT PROVIDES LINKS, OR ANY PRODUCTS OR SERVICES AVAILABLE THORUGH THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS AND CONDITIONS IS TO STOP USING THE SITE. KILLER BURGER WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.
KILLER BURGER’S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, PRODUCTS, SERVICES, OR SITE CONTENT, WILL NOT EXCEED $100.
You agree to defend, indemnify and hold harmless Killer Burger, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third party claims, expenses and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including, but not limited to, your content, any use of the Site Content, services, and products other than as expressly authorized in these Terms and Conditions .
- Limitation On Time To File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Injunctive Relief
You agree that a breach of these Terms and Conditions will cause irreparable injury to Killer Burger for which monetary damages would not be an adequate remedy and Killer Burger shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.
- Waiver And Severability
No waiver by Killer Burger of a term or condition set forth in these Terms and Conditions shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Killer Burger to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
- Entire Agreement
The Terms and Conditions and our Privacy Notice constitute the sole and entire agreement between you and Killer Burger with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
- Term and Termination
These Terms and Conditions will remain in full force and effect while you use the Site and until terminated by Killer Burger. After termination, the provisions of these Terms and Conditions that by their nature are intended to survive will remain binding on you, including Sections 1, 2, 5-16 and the Privacy Notice.
You agree that Killer Burger, in its sole discretion, may suspend or terminate your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
- Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Oregon will govern these Terms and Conditions and any disputes under them, without giving effect to any principles of conflicts of laws.
Any controversy or claim arising out of or relating to these Terms and Conditions shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Multnomah County, Oregon. Any arbitration award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
- Communications and Contact Information
Killer Burger may contact you regarding these Terms and Conditions or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from Killer Burger, you can click on the “unsubscribe link” provided in such communications or contact us at [email protected].
For all other feedback, comments, requests for technical support, and other communications relating to the Site, these Terms and Conditions, and the Privacy Notice, please contact us at [email protected] or by mail at:
Killer Burger LLC
PO Box 301037, Portland, OR 97294
EFFECTIVE DATE: February 21, 2022