Terms of Service

Samwon Garden Korean BBQ's Terms of Use Agreement

By using the Samwon Garden Korean BBQ.com web site (“Samwon Garden Korean BBQ” or the “Site”), a service of Samwon Garden Korean BBQ, Inc., you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement”), including those available by hyperlink. If you have any questions, please refer to the Help section of the Site. Before you may become a member of Samwon Garden Korean BBQ, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on January 1, 2015 for current users and upon acceptance for new users.

 

Samwon Garden Korean BBQ is a Venue

Samwon Garden Korean BBQ acts as a venue to allow users who comply with Samwon Garden Korean BBQ’s policies to offer, sell, and buy certain food and related goods within a fixed price format. Samwon Garden Korean BBQ is not directly involved in the transaction between buyers and sellers. As a result, Samwon Garden Korean BBQ has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, or the ability of sellers to sell items. Samwon Garden Korean BBQ does not pre-screen users or the content or information provided by users. Samwon Garden Korean BBQ cannot ensure that a buyer or seller will actually complete a transaction.

 

Consequently, Samwon Garden Korean BBQ does not transfer legal ownership of items from the seller to the buyer. Samwon Garden Korean BBQ cannot guarantee the true identity, age, and nationality of a user. Samwon Garden Korean BBQ encourages you to communicate directly with potential transaction partners through the tools available on the Site.

 

You agree that Samwon Garden Korean BBQ is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you, other users, or outside parties on Samwon Garden Korean BBQ. You use the Samwon Garden Korean BBQ service at your own risk.

Samwon Garden Korean BBQ does not guarantee same-day shipping on any order. The shipping guidelines published on this website are not guarantees of a shipping or arrival date, they are estimates.

 

Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Samwon Garden Korean BBQ’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Samwon Garden Korean BBQ shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.

Shop Policies: All sellers are urged to outline shop policies for their Samwon Garden Korean BBQ shop. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Samwon Garden Korean BBQ’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Samwon Garden Korean BBQ reserves the right to request that a seller modify a shop policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive handling fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Samwon Garden Korean BBQ transaction fees, misrepresent the item’s location, or use another user’s account without permission.

 

Prohibited Activities

You are solely responsible for your conduct and activities on and relating to Samwon Garden Korean BBQ and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Samwon Garden Korean BBQ. Restricted Activities: Your Content and your use of Samwon Garden Korean BBQ shall not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
  6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Samwon Garden Korean BBQ staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  7. Be obscene or contain child pornography
  8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  9. Host images not part of a listing
  10. Link directly or indirectly, reference or contain information about goods or services offered external to Samwon Garden Korean BBQ.
  11. Modify, adapt or hack Samwon Garden Korean BBQ or modify another website so as to falsely imply that it is associated with Samwon Garden Korean BBQ
  12. Appear to create liability for Samwon Garden Korean BBQ or cause Samwon Garden Korean BBQ to lose (in whole or in part) the services of Samwon Garden Korean BBQ’s ISPs or other suppliers
  13. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Samwon Garden Korean BBQ

Furthermore, you may not list any item on Samwon Garden Korean BBQ (or consummate any transaction that was initiated using Samwon Garden Korean BBQ’s service) that, by paying to Samwon Garden Korean BBQ the commission or transaction fee, could cause Samwon Garden Korean BBQ to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

 

Content

License: Samwon Garden Korean BBQ does not claim ownership rights in your Content. You grant Samwon Garden Korean BBQ a license solely to enable Samwon Garden Korean BBQ to use any information or Content you supply Samwon Garden Korean BBQ with, so that Samwon Garden Korean BBQ is not violating any rights you might have in that Content. You grant Samwon Garden Korean BBQ a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Samwon Garden Korean BBQ to store or re-format your Content on Samwon Garden Korean BBQ and display your Content on Samwon Garden Korean BBQ in any way as Samwon Garden Korean BBQ chooses. Samwon Garden Korean BBQ will only use personal information in accordance with Samwon Garden Korean BBQ Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Samwon Garden Korean BBQ user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Samwon Garden Korean BBQ-related communications. Samwon Garden Korean BBQ has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Samwon Garden Korean BBQ user to your email or physical mail list. For more information, see Samwon Garden Korean BBQ’s Privacy Policy.

Re-Posting Content: By posting Content on Samwon Garden Korean BBQ, it is possible for an outside website or a third party to re-post that Content. You agree to hold Samwon Garden Korean BBQ harmless for any dispute concerning this use. If you choose to display your own Samwon Garden Korean BBQ-hosted image on another website, the image must provide a link back to its listing page on Samwon Garden Korean BBQ.

 

Information Control

Samwon Garden Korean BBQ does not control the Content provided by users that is made available on Samwon Garden Korean BBQ. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Samwon Garden Korean BBQ, you agree to accept such risks and that Samwon Garden Korean BBQ (and Samwon Garden Korean BBQ’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Samwon Garden Korean BBQ. Please use caution, common sense, and practice safe buying and selling when using Samwon Garden Korean BBQ.

Other Resources: Samwon Garden Korean BBQ is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Samwon Garden Korean BBQ does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Samwon Garden Korean BBQ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

 

Resolution of Disputes and Release

In the event a dispute arises between you and Samwon Garden Korean BBQ, please contact Samwon Garden Korean BBQ. Should you have a dispute with one or more users, or an outside party, you release Samwon Garden Korean BBQ (and Samwon Garden Korean BBQ’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Samwon Garden Korean BBQ encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Samwon Garden Korean BBQ, for the benefit of users, may try to help users resolve disputes. Samwon Garden Korean BBQ does so in Samwon Garden Korean BBQ’s sole discretion, and Samwon Garden Korean BBQ has no obligation to resolve disputes between users or between users and outside parties. To the extent that Samwon Garden Korean BBQ attempts to resolve a dispute, Samwon Garden Korean BBQ will do so in good faith based solely on Samwon Garden Korean BBQ’s policies. Samwon Garden Korean BBQ will not make judgments regarding legal issues or claims.

 

Samwon Garden Korean BBQ’s Intellectual Property

Samwon Garden Korean BBQ, and other Samwon Garden Korean BBQ graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Samwon Garden Korean BBQ, Inc. in the U.S. and/or other countries. Samwon Garden Korean BBQ’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

 

Access and Interference

Much of the information on Samwon Garden Korean BBQ is updated on a real-time basis and is proprietary or is licensed to Samwon Garden Korean BBQ by Samwon Garden Korean BBQ’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Samwon Garden Korean BBQ for any purpose without Samwon Garden Korean BBQ’s prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in Samwon Garden Korean BBQ’s sole discretion, an unreasonable or disproportionately large load on Samwon Garden Korean BBQ’s infrastructure
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of Samwon Garden Korean BBQ and the appropriate third party, as applicable
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

 

Breach

Without limiting any other remedies, Samwon Garden Korean BBQ may, without notice, and without refunding any fees, delay or immediately remove Content, warn Samwon Garden Korean BBQ’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Samwon Garden Korean BBQ suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Samwon Garden Korean BBQ is unable to verify or authenticate any of your personal information or Content; Or Samwon Garden Korean BBQ believes that a user is acting inconsistently with the letter or spirit of Samwon Garden Korean BBQ’s policies, has engaged in improper or fraudulent activity in connection with Samwon Garden Korean BBQ or the actions may cause legal liability or financial loss to Samwon Garden Korean BBQ’s users or to Samwon Garden Korean BBQ.

 

Privacy

Except as provided in Samwon Garden Korean BBQ’s Privacy Policy, Samwon Garden Korean BBQ will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Samwon Garden Korean BBQ stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

 

No Warranty

Samwon Garden Korean BBQ, Samwon Garden Korean BBQ’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND Samwon Garden Korean BBQ’S SUPPLIERS PROVIDE Samwon Garden Korean BBQ’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Samwon Garden Korean BBQ, Samwon Garden Korean BBQ’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Samwon Garden Korean BBQ’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Samwon Garden Korean BBQ SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

 

Liability Limit

IN NO EVENT SHALL Samwon Garden Korean BBQ, AND (AS APPLICABLE) Samwon Garden Korean BBQ’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Samwon Garden Korean BBQ’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Samwon Garden Korean BBQ’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Samwon Garden Korean BBQ’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Samwon Garden Korean BBQ’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Samwon Garden Korean BBQ IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD Samwon Garden Korean BBQ AND (AS APPLICABLE) Samwon Garden Korean BBQ’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

 

No Guaranty

Samwon Garden Korean BBQ does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Samwon Garden Korean BBQ’s control.

 

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Samwon Garden Korean BBQ’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.

 

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

 

No Agency

You and Samwon Garden Korean BBQ are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

Samwon Garden Korean BBQ Service

Samwon Garden Korean BBQ reserves the right to modify or terminate the Samwon Garden Korean BBQ service for any reason, without notice, at any time. Samwon Garden Korean BBQ reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Samwon Garden Korean BBQ will notify you via email to the email address in your account. What constitutes a “material change” will be determined at

Samwon Garden Korean BBQ’s sole discretion, in good faith, and using common sense and reasonable judgment.

 

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York and disputes arising under this Agreement will be adjudicated by the courts of the State of New York.

 

Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Samwon Garden Korean BBQ’s Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.

 

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Samwon Garden Korean BBQ Attn: Legal; 37 W 32nd St, New York, NY 10001 (in the case of Samwon Garden Korean BBQ) or, in your case, to the email address you provide to Samwon Garden Korean BBQ (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Samwon Garden Korean BBQ may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Samwon Garden Korean BBQ. In such case, notice shall be deemed given three days after the date of mailing.

 

Disclosures

The services hereunder are offered by Samwon Garden Korean BBQ Inc., located at 37 W 32nd St, New York, NY 10001