Terms and Conditions
3localbrothersshop.com Terms of Service
As of May 3rd, 2018
IMPORTANT! PLEASE READ CAREFULLY. These Terms of Service are a legal agreement between you and 3LB Restaurant Concepts, LLC. (alternatively referred to as “3 Local Brothers,” “We,” “Our” or “Us”) and spell out the terms and conditions to which users of the 3localbrothersshop.com website (the “Site” or “3 Local Brothers Shop”) are expected to adhere. Please read it carefully before using the Site, because by clicking “I Agree” or otherwise visiting the Site, making a purchase or otherwise engaging in 3 Local Brothers' commerce service (the “Service”), you agree to be bound by its terms as well as the terms of our Privacy Statement which is hereby incorporated by reference into these Terms of Service. If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use or make a purchase on the 3 Local Brothers Shop. We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here.
The 3 Local Brothers Shop is hosted on an online e-commerce platform provided by Shopify, Inc., which allows us to sell our products and services to you.
1. Purchasing Through the 3 Local Brothers Shop
1.1. By placing an order, you certify that you are able to pay for the item(s) in your order, and you agree to provide current, complete and accurate purchase and account information for all purchases made at through the 3 Local Brothers Shop.
1.2. By placing an order on the 3 Local Brothers Shop you agree to be bound by the conditions of sale included in the item’s description (including, without limitation, payment method and acceptable ship-to address). Some of the items on the 3 Local Brothers Shop are for mature audiences and are restricted to adult use. If you place an order on the 3 Local Brothers Shop for such items, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such item.
1.3. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the 3 Local Brothers Shop and your purchase of items.
1.4. You are responsible for the accuracy of any purchase placed.
1.5. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the 3 Local Brothers Shop, the products available thereon, or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the 3 Local Brothers Shop or the Service; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the 3 Local Brothers Shop or the Service. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
1.6. We may reject any order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical.
1.7. Due to some country, state and county laws, we may not be able to ship certain merchandise to your chosen shipping address.
1.8. We reserve the right to add and/or remove items on the 3 Local Brothers Shop, for any reason, at any time.
1.9. We reserve the right to limit quantities of items sold.
1.10. If you create an account on the 3 Local Brothers Shop, you may not transfer or sell your User ID or account to another person or entity.
1.11. Unless otherwise stated, all prices are quoted in U.S. Dollars.
1.12. In addition to the shipping and handling charges we add at the time of checkout, you are solely responsible for any and all duties, taxes, tariffs and/or levies, which may be incurred in connection with the shipment of your ordered item(s), regardless of when such additional charges are assessed.
1.13. We make every effort to display as accurately as possible the colors and images of the products that appear on the 3 Local Brothers Shop. We cannot guarantee, however, that your computer monitor’s display of any color will be accurate.
1.14. We try to ensure that the correct price is posted for each item in the 3 Local Brothers Shop. If, however, an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We reserve the right to modify the prices of the products available on the 3 Local Brothers Shop at any time without notice.
1.15. All purchases from the 3 Local Brothers Shop are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.
1.16. You may return certain items purchased within thirty (30) days of delivery of a shipment for a full refund. However, not all items may be returned. Please click here to read our return policy.
1.17. Where applicable, in order to be returned, clothing must have the original tags attached, and items such as CD’s, DVD’s, and magazines must be unopened.
1.18. Attempts to stop payment on non-returnable items will be vigorously opposed by 3 Local Brothers to the fullest extent of the law. In the event that any such action results in a judgment in our favor, we retain the right to recover, and you will be responsible for paying, our reasonable attorneys’ fees.
1.19. We cannot accept returns of opened items or items returned more than thirty (30) days after delivery.
1.20. We reserve the right at any time to modify or discontinue the Site and/or the Service (or any part or content thereof) without notice at any time.
2. Product Descriptions
2.1. 3 Local Brothers and its affiliates attempt to describe all of the products on the Site as accurately as possible. However, 3 Local Brothers does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current or error-free. If a product offered on our Site itself is not as described, your sole remedy is to return it in unused condition.
2.2. Occasionally there may be information on the 3 Local Brothers Shop or as part of the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the 3 Local Brothers Shop or in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
2.3. We are under no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
3. Access and Availability of Services and Links
3.1. The Site contains links to other websites, resources and sponsors of 3 Local Brothers. Selection of an ad banner or link may redirect you off of the Site to a third party website. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of 3 Local Brothers. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. 3 Local Brothers does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator of the third party website.
4. 3 Local Brothers Shop Content and User Submissions
4.1. The contents of the 3 Local Brothers Shop are intended for the personal, noncommercial use of its users. All materials published on the Site (including, but not limited to news articles, photographs, images, illustrations, descriptions, audio clips and video clips (collectively, the “Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by 3 Local Brothers or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
4.2. The 3 Local Brothers Shop is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth herein, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or service in whole or in part.
4.3. You may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content’s proprietary rights notices.
4.4. You agree that any information, feedback, questions, comments and/or submissions that you provide to us in connection with this Site or our Services (“Submissions”) will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation, without any compensation to you. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded by you.
4.5. We may, but are under no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
4.6. You agree that any comments you post within the Service will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the 3 Local Brothers Shop, the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
5. Personal Information
6. Representations and Warranties
6.1. You represent, warrant and covenant (a) that no materials of any kind submitted by you or 3 Local Brothers use thereof in accordance with the terms and conditions of these Terms of Service, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement, as well as contracts for the purchase of the goods offered on the 3 Local Brothers Shop. You hereby indemnify, defend and hold 3 Local Brothers and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. 3 Local Brothers reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of 3 Local Brothers without 3 Local Brothers' prior written approval.
6.2. 3 Local Brothers neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. THE SITE, THE SERVICE, AND ANY MATERIALS PROVIDED BY 3 LOCAL BROTHERS OR THIRD PARTIES THROUGH THE SITE AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” 3 LOCAL BROTHERS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SITE OR THE SERVICE. 3 LOCAL BROTHERS DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES AVAILABLE THEREIN WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE.
6.3. You hereby acknowledge that the use of, or inability to use, the Site and the Service is at your sole risk.
7. Limitation of Liability
7.1. 3 LOCAL BROTHERS SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SITE, THE SERVICE, OR ANY OF THE MATERIALS PROVIDED BY 3 LOCAL BROTHERS OR THIRD PARTIES THROUGH THE SITE OR THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SITE OR THE SERVICE, LOSS OF DATA, OR REPLACEMENT COSTS, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF 3 LOCAL BROTHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the fullest extent permissible under applicable law.
7.2. To the fullest extent permissible under applicable law, 3 Local Brothers' aggregate liability, and the aggregate liability of our licencors, to you or any third parties in any circumstance is limited to One Hundred U.S. Dollars ($100).
8. System Integrity
8.1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
9.1. 3 Local Brothers may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of the Site or the Service for any or no reason, including, without limitation, breach of these Terms of Service.
9.2. 3 Local Brothers, including, without limitation, its authorized agents and employees may terminate your use of the Site or cancel any order without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) fraudulent activities, or (ii) attempting to alter or improperly access any feature or function of the Site or the Service. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the Site or 3 Local Brothers employee; post content (including, but not limited to, the creation of usernames) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a 3 Local Brothers employee or other individual.
10.1. This Agreement has been made in and shall be construed and enforced in accordance with California law without regard to any conflict of law provisions. 3 Local Brothers makes no representation that the Content or products available via the Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do soon their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this agreement shall be brought in the federal or state courts located in Los Angeles, California, USA.
10.2. Official correspondence must be sent via postal mail to:
3LB RESTAURANT CONCEPTS, LLC
255 Redel Road
San Marcos, CA 92078
10.3. These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and 3 Local Brothers with respect to your access and use of the Site and Services and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and 3 Local Brothers with respect to this site or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. 3 Local Brothers' failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 3 Local Brothers may assign these Terms of Service to any of its affiliates, to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of 3 Local Brothers, or in connection with the sale or transfer of this Site or the business unit associated with this Site.