I. Overview

These Terms of Service (“Terms”) govern The Burger Guy’s relationship with you when you use our Site. The Terms set forth the legal contract between each end user (“User” or “You” or “Your”). By using or accessing this Site you agree to these Terms. If you choose not to accept these Terms you cannot use this Site.

PLEASE CAREFULLY READ THESE TERMS (INCLUDING ANY LINKED INFORMATION). BY USING THE SITE AND SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT YOU:

  • HAVE READ THESE TERMS AND THE PRIVACY POLICY.
  • UNDERSTAND THESE TERMS AND THE PRIVACY POLICY.ARE AT LEAST 18 YEARS OLD, OR BETWEEN THE AGES OF 13F AND 17 AND USING THE SITE AND SERVICES WITH PARENT OR LEGAL GUARDIAN CONSENT AND SUPERVISION.
  • AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU, TO THE USE OF THE SERVICES, THE SITE, AND/OR THE INTERNET.

THE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

II. What We Do

TheBurgerGuy.com (“Site) is an online fundraising platform (“Services”) for individuals and organizations to raise money for charitable causes. The Burger Guy is owned and operated by M&R Sales, Inc. (“The Burger Guy”, “Our”).

Our Services are provided through the Site, which is an interactive online platform through which Teams and Individuals can run fundraising Campaigns to raise money. You agree and understand that certain Services are only available to Registered Users upon the creation of an Account. Users use the Services at their own risk. Funds raised by Teams and or Individuals may be used by the Team Leader to support a charitable organization, support a social cause or for another purpose as specified by the Team Leader. The Team Leader designates the purpose.

We do not and cannot control what a Team Leader ultimately does with any money the Team raises. However, we do have an authentication process in which we do our best to validate the Team Leader information as true and accurate to the best of our ability. Accordingly, the Team Leader, Team Member, and Supporter acknowledge and agree that The Burger Guy:

  • Is not organizing the fundraising Campaign.
  • do not select the person, cause, or organization a Team Leader says funds raised will benefit.
  • responsibilities are limited to providing access to the Services to facilitate bringing Team Leaders and Team Members together with Supporters.
  • cannot and does not control the content, accuracy, or truthfulness of any offers, requests, or other information Team Leaders may provide in connection with their fundraising Campaign.

III. DEFINITIONS AND DESCRIPTION OF SERVICE

The Burger Guy’s services include our website, fundraising platform and any additional features, content, and functionality offered by us in connection with the Site.

  • Account is the arrangement in which a Registered User uses the Site’s services to manage their fundraising Campaign. This could be at the organizer level as a Team Leader or at a contributor to a team level as a Team Member.
  • Beneficiary means the individual, organization, or Charity to whom the funds raised on a specific Campaign are distributed, at the direction of the Team Leader.
  • Campaign Page means a fundraising effort designed to raise money within a defined time period for a specific cause.
  • Merchant refers to third party distributor of Product. The Kansas City Steak Company is the Sites sole Merchant and can be used interchangeably.
  • Supporter is someone who purchases Product from a Team Fundraising Page.
  • Parent is a legal parent or guardian whose registered their child as a “Team Member” with the Site.
  • Product refers to the exclusive Kansas City Steak Company combos sold on our Site and includes shipping and handling charges.
  • Registered User means you have accurate completed the registration process. Team Leader, Team Member, or Supporter are collectively referred to as a “Registered User”.
  • Team Leader is an individual that organizes fundraising Campaign on the Site for a Team.
  • Team Member is someone who registers an account and belongs to a team.
  • User means you, the user of the Site, whether you are an unregistered visitor or a Registered User. Visitor, Team Leader, Team Member, Parent, or Supporter are all referred to as User.

IV. THE BURGER GUY SERVICES

  • Access to Services

    As long as you agree to these Terms and abide by them, you may use the Site and Services. Subject to these Terms, we also grant you a limited, non-exclusive, nontransferable personal license to download, install, operate or uses applicable any content, software, scripts or tools we may, from time to time, specifically identify within the Site as available for download and/or use.

  • Privacy Policy

    In the course of accessing and/or using the Services on the Site we may obtain information about you or you may be required to provide certain personal information to us. Every Registered User’s registration data and various other personal information are strictly protected by The Burger Guy’s Online Privacy Policy. As a Registered User, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by The Burger Guy and/or our subsidiaries and affiliates. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Services on the Site.

  • Users
    • Visitor - As a Visitor, you can view, visit and browse through the Site in accordance with these Terms. A Visitor may also be referred to as an Unregistered User or User on this Site. You do not need to register with The Burger Guy to simply visit the site or see publicly accessible information on the Sit.
    • Registered User - In order to access the Services and materials offered on and through the Site, you must register with The Burger Guy. As a Registered User you can act as a Team Leader, Team Member, or Supporter, depending on which feature of the Services you are currently using. As a Registered User you agree to provide true, accurate, current and complete information when using the site, not limited to information about yourself, your organization, and your fundraising activities. You will maintain the accuracy of all information you provide to us by updating it promptly. You authorize us to make inquiries, either directly or through third parties, to validate the registration information of Team Leaders and Parents. We reserve the right to suspend or terminate your account, refuse any current or future use of the service, take legal action against anyone who misrepresents personal information or is not truthful about their identity, or presents inaccurate and incomplete information. However, you acknowledge that we cannot 100% guarantee the accuracy of any information submitted by Registered Users of the Site, nor any identity information about any Registered User.

      As a Registered User you can act as a Team Leader, Team Member, or Supporter, depending on which features of the Services you are currently using.

      • Team Leader

        When registering as a Team Leader, you must be at least 18 years old, a US resident with a social security number or EIN. A Team Leader’s account may be terminated without warning, if we believe the Team Leader does not follow these guidelines.

      • Team Member

        You are not eligible to register to use these Services unless you are 18 years old or older. If you are between the ages of 13 and 17, you can use the Services with consent and supervision of your Parent who is at least 18 years old, provided that your Parent agrees to be responsible for your use of the Services. If you are under the age of 13 you are not allowed to register to use these Services. When registering as a Team Member, Parents may only register their own child as a Team Member. A Team Member’s membership may be terminated without warning if we believe that the Team Member is under 18 years old and registered without the consent of their Parent.

      • Supporter

        As a Customer (referred to as Supporter on Site) you may make purchases through a fundraising Campaign Page of your choice, and you may be able to link your social media profile and provide Feedback. As a Supporter, you are solely responsible for asking questions and investigating fundraising Campaigns to the extent you feel is necessary before you make a purchase. All purchases are made voluntarily and at your sole discretion and risk. The Burger Guy does not guarantee that money generated via any fundraising Campaign will be used as promised, that the Team Leaders will deliver, or that the Campaign will achieve its goal. The Burger Guy does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality, or legality of any Campaign, or the truth or accuracy of content posted on a fundraising Campaign Page by others.

    • Eligibility of Children

      You are not eligible to use the Services of this Site without consent from your parent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Site’s Services with the consent and supervision of your Parent who is at least 18 years old, provided that your Parent agrees to be bound by these Terms and agrees to be responsible for your use of the Services. If you are under 13 years of age you are not allowed to use the Site.

    • Account

      As a Registered User, you are required to set up an Account directly with The Burger Guy as either a Team Leader of a fundraising Campaign or as a Team Member of a fundraising Campaign. When you set up an Account you will have to provide a valid email address, first name, last name, phone number and password. Your email address and password will be the Account identifier. You are solely responsible for maintaining the confidentiality of your Account. You are solely responsible for any and all use of Your Account and all activities that occur under or in connection with it. It is your responsibility to notify The Burger Guy immediately if you become aware that your Account is being used without authorization. You agree to not register an Account on behalf of an individual other than Yourself, or someone you are legally responsible for (Parent/Legal Guardian of a Child). You agree that you will not register for an Account on behalf of an individual other than Yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, organization, or entity to these Terms. Individuals and/or entities whom access to the Site or use of the Services have previously been terminated by The Burger Guy may not register for a new account, nor may designate other individuals to use an account on its or your behalf.

      You warrant and represent that all information you provide to us as part of your registration is true, accurate current, and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, nor current or incomplete, we may deny or terminate your access to the Site or Services.

    • Fundraising Campaigns

      Using the Site Tools, you can create your personalized Fundraising Campaign, upload your own content and picture, set your goal, and schedule an end date. After setting up your Fundraising Campaign you can use the Tools to promote your Fundraising Campaign to your family, community, and social circle, including your social media pages and accounts, with the purpose of selling the Merchandise to raise money towards your fundraising goal.

      The Burger GuyThere is no upfront costs to create a Fundraising Campaign, no transaction fees charged to the Fundraising Team or Supporter.

      After the Fundraising Campaign has ended The Burger Guy will account the funds raised and deliver such funds to Fundraising Campaign’s Team Leader. Please allow one week to process and send fund to Team Leader.

      • Team Leaders

        As a Team Leader, you may set up a Fundraising Campaign of your choice (subject to any restrictions set forth herein), upload your content and photos, link your profile from other social media sites like Facebook and Twitter, choose your Beneficiary, the distribution of the funds at the end of the Fundraising Campaign, etc. You hereby warrant that you shall meet all commitments you make in your Fundraising Campaign including, but not limited to, delivering the funds to the chosen Beneficiary. If you are unable to fulfill any of your commitments you will work with the Customers or Contributors, as applicable, to reach a mutually satisfactory resolution, which may include refunding any money received for purchases, as applicable. You will comply with all applicable laws and regulations in your collection and use of money you raise. You are responsible for collecting and remitting any taxes on money you generate or receive from your Fundraising Campaign(s). The Burger Guy will attempt to verify your identity, and other information you provide us, and we may delay, withhold, reverse or refund any moneys generated via the Services or other amounts without notice or liability in the event we are unable to verify any information to our satisfaction.

      • Supporters (Customers)

        As a Supporter or Customer you may make purchases via the Fundraising Campaign of your choice, and you may be able to link your social media profile and give Feedback. As a Supporter or Customer, you are solely responsible for asking questions and investigating Fundraising Campaigns to the extent you feel is necessary before you make a purchase. All purchases are made voluntarily and at your sole discretion and risk. The Burger Guy doesn’t guarantee that money generated via any Fundraising Campaign will be used as promised, or that the Fundraising Campaign will reach its goals. The Burger Guy does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Fundraising Campaign, or the truth or accuracy of content posted on the Site by others. You are solely responsible for determining how to treat your purchase for tax purposes.

        The Burger Guy makes no representations about the quality, safety, morality or legality of any Fundraising Campaign or Merchandise or the truth or accuracy of Content posed on the Site by others. The Burger Guy does not guarantee that the money generated via any Fundraising Campaign will be used as described in the Fundraising Campaign. Users use the Site at their own risk.

        • Prohibited Campaigns

          Team Leaders are not permitted to create a Fundraising Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam other Users. If you know that your Fundraising Campaign is claiming to do the impossible or it’s just plain phony, don’t post it. You must comply with all applicable laws and regulations in carrying out your Fundraising Campaign, and using money generated via a Fundraising Campaign. By violating these Terms in any capacity, you are subject to an immediate removal of your Campaign(s), possible forfeit of raised funds, and potential suspension or termination of your account.

V. NO FEES FOR SERVICE

The Burger Guy is free to join and free to use. We do not charge the Team Leader, Team Member, or Supporter for any of our Services nor do we charge for processing payments or pass on payment processing fees from our payment processor to Teams or Supporters. We reserve the right to change the fee from time to time. Changes are effective immediately after we provide you with notice on the Site.

All funds from Supporters are collected through Heartland Payment Systems (The Burger Guy’s payment processor). All transactions are one time only and are limited to the amount specified at the time of purchase. Funds raised are mailed to the Team Leader by check for the total amount of money raised (purchase price – posted price of goods) within a week of the fundraising Campaign end date. Team Leaders who receive and cash the proceeds are responsible for taxes applicable based on their net income or gross receipts. In the event The Burger Guy cannot authenticate Team Leader we reserve the right to hold funds until authentication has been made.

If Supporter requests a refund or charges back transaction, The Burger Guy reserves the right to deduct funds from Team proceeds if fraudulent activity is suspected.

TERMS OF SALE

By purchasing a product from our Site you agree to these Terms, including, without limitation, the Terms of Sale.

  • Pricing and Product Information

    While The Burger Guy strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. The Burger Guy reserves the right to correct any errors inaccuracies, or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, The Burger Guy shall have the right, in its sole discretion, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, The Burger Guy will issue a credit to your credit card. Individual bank policies will dictate when this amount is credited to your account. We apologize for any inconvenience this may cause you.

    Descriptions of Products advertised on the Site are provided by the Merchant. The Burger Guy does not investigate or vet Merchant’s Products nor are we responsible for any claims associated with the description of the Merchant’s Products.

    Product Pricing related to Merchant’s product offerings on the Site may change at any time at the sole discretion of The Burger Guy and without notice. Updated prices are applied to fundraising Campaigns launched after the notice is posted.

  • Delivery

    Every Burger Guy combo is shipped from The Kansas City Steak Company via UPS 2-day air ensuring on-time arrival and freshness.

    You have the option to decide when you want to receive your purchase. Orders placed Monday through Sunday by Midnight are eligible for delivery that following Wednesday, Thursday, or Friday. For your convenience you can schedule deliveries out up to 4 weeks.

    Every order comes packed in a Styrofoam cooler with dry ice and a seasoning packet. To seal in juices and flavor Steak Burgers, Hot Dogs, and Steaks are sealed in Cryovac® packaging, then flash frozen.

    We are only able to deliver to the 48 United States.

    Days and times are subject to change without notice. Holiday delivery is reflected in the shipping calendar.

VI. FUNDRAISING CAMPAIGN RULES AND CONDUCT

As a User or Registered User of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the The Burger Guy Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by The Burger Guy.

Furthermore, you herein agree not to make use of The Burger Guy's Services for the purpose of:

  • uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
  • causing harm to minors in any manner whatsoever;
  • impersonating any individual or entity, including, but not limited to, any The Burger Guy officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
  • forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
  • uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
  • uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
  • uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
  • uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  • disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
  • interfering with or disrupting any The Burger Guy Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
  • intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  • providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
  • "stalking" or with the intent to otherwise harass another individual; and/or
  • collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

This list of prohibitions provides examples and is not complete or exclusive. The Burger Guy herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.

The Burger Guy herein reserves the right to access, preserve and/or disclose User and/or Registered User account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

  • compliance with any legal process;
  • enforcement of these Terms;
  • responding to any claim that therein contained content is in violation of the rights of any third party;
  • responding to requests for customer service; or
  • protecting the rights, property or the personal safety of The Burger Guy, its visitors, users and members, including the general public.

The Burger Guy herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by The Burger Guy or any other content providers supplying content services to The Burger Guy. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

VII. INTERSTATE COMMUNICATION

Upon registration, you hereby acknowledge that by using theburgerguy.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with these Terms, you are acknowledging that the use of this Service shall result in interstate transmissions.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

The Burger Guy shall not lay claim to ownership of any content submitted by any Visitor, User, or Registered User, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for The Burger Guy the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

  • The content submitted or made available for inclusion on the publicly accessible areas of The Burger Guy's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of The Burger Guy's sites, and shall terminate at such time when you elect to discontinue your membership.
  • Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of The Burger Guy's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of The Burger Guy's sites and shall terminate at such time when you elect to discontinue your membership.
  • For any other content submitted or made available for inclusion on the publicly accessible areas of The Burger Guy's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

    Content into other works in any arrangement or medium current used or later developed. Those areas which may be deemed "publicly accessible" areas of The Burger Guy's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

VIII. CONTRIBUTIONS TO COMPANY WEBSITE

The Burger Guy provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

  • your contributions do not contain any type of confidential or proprietary information;
  • The Burger Guy shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
  • The Burger Guy shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
  • the contributor's Contributions shall automatically become the sole property of The Burger Guy; and
  • The Burger Guy is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

VIV. GENERAL TERMS

  • Copyright and License

    All copyrighted and copyrightable materials on the Service, including but not limited to the text, design, product information, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof (collectively, "Materials") are ALL RIGHTS RESERVED Copyright © 2016 The Burger Guy.

  • Indemnity

    All Registered Users herein agree to insure and hold The Burger Guy, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of The Burger Guy Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

  • Commercial Reuse of Services The Registered User or User herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to The Burger Guy's sites.
  • Use and Storage General Practices

    You herein acknowledge that The Burger Guy may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by The Burger Guy, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on The Burger Guy's servers on the Registered User’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that The Burger Guy has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, The Burger Guy shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

    Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on The Burger Guy's servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on theburgerguy.com. It is your agreement to this TOS which establishes your consent to allow The Burger Guy to store any and all communications on its servers.

  • Modifications

    The Burger Guy shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

  • Termination

    As a Registered User of theburgerguy.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to customersupport@theburgerguy.com.

    As a Registered User, you agree that The Burger Guy may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

    • any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
    • by way of requests from law enforcement or any other governmental agencies;
    • the discontinuance, alteration and/or material modification to our Services, or any part thereof;
    • unexpected technical or security issues and/or problems;
    • any extended periods of inactivity;
    • any engagement by you in any fraudulent or illegal activities; and/or;
    • the nonpayment of any associated fees that may be owed by you in connection with your theburgerguy.com account Services.

    Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with theburgerguy.com shall include any and/or all of the following:

    • the removal of any access to all or part of the Services offered within theburgerguy.com;
    • the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
    • the barring of any further use of all or part of our Services.
  • Advertisers

    Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that The Burger Guy. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

  • Links and Third-Party Content

    The Burger Guy provides links on the Service to other sites or content. The Burger Guy has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Service. The Burger Guy provides links to you only as a convenience, and the inclusion of any link on the Service does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.

    Access to the Site and Services from territories where the Site and/or Services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the Site and Services.

  • Proprietary Rights

    You do hereby acknowledge and agree that The Burger Guy Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by The Burger Guy or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on The Burger Guy Services (e.g. Content or Software), in whole or part.

    The Burger Guy herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by The Burger Guy for use in accessing our Services.

  • Warranty Disclaimers

    THE SERVICES, THE SITE, THE TOOLS AND ALL INFORMATION, CAMPAIGNS, CONTENT AND MATERIALS RELATED TO THE FOREGOING ARE PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE BURGER GUY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE BURGER GUY AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, ERROR -FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL INFORMATION AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE BURGER GUY SERVICES AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON SUCH CONTENT, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL CONTENT. THE BURGER GUY IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. THE BURGER GUY DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICE.

    NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SERVICES AND FROM THE OUTPUT OF THE SERVICES.

    Though we strive to enforce our Content related rules with all of our users, including Registered Users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You use the Site and Services at your own risk. We may, but are not obligated to, terminate user Accounts and/or remove Content from the Site if we determine or suspect that those Accounts or Content violate these Terms. We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not. You understand that the information and opinions in Content uploaded by Users represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our beliefs.

  • Limitation of Liability

    USE OF THE BURGER GUY SERVICES, THE SITE, TOOLS AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL THE BURGER GUY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF THE BURGER GUY WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE BURGER GUY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED FIFTY U.S.A. DOLLARS (USD $50.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND THE BURGER GUY RELATING TO THE PROVISION OF THE SITE, THE SERVICES, AND ANY CONTENT TO YOU, AND THE BURGER GUY WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT.

  • ReleaseIn the event you have a dispute, you agree to release The Burger Guy (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
  • Exclusion and Limitations

    THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATIONS OF EXCLUSION OFF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

  • Third Party Beneficiaries

    You herein acknowledge, understand and agree, unless otherwise expressly provided in these Terms, that there shall be no third-party beneficiaries to this agreement.

  • NoticeThe Burger Guy may furnish you with notices, including those with regards to any changes to these Terms, including but not limited to email or postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of these Terms by accessing our Services in any unauthorized manner. Your acceptance of these Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
  • Trademark Information You herein acknowledge, understand and agree that all of The Burger Guy trademarks, copyright, trade name, service marks, and other The Burger Guy logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of The Burger Guy. You herein agree not to display and/or use in any manner The Burger Guy logo or marks without obtaining The Burger Guy’s prior written consent.
  • Copyright Infringement

    The Burger Guy will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, The Burger Guy, may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide us with the following information: (i) contain the physical or electronic signature of the individual authorized on behalf of the owner of the copyright or other intellectual property interest; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate the material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address; (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner’s agent, or the law; (vi) contain a statement that the information in the written notice is accurate and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.

    The Burger Guy Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

    The Burger Guy
    Attn: Copyright Agent
    3450 W Moore
    Tucson, AZ 85742

    Telephone: 1 (800) 603-2164
    Fax: 1 (800)
    Email: customersupport@theburgerguy.com

    You acknowledge that if you fail to comply with all of the requirements of this Section, your Copyright Infringement notice may not be reviewed.

  • Closed Captioning

    BE IT KNOWN, that The Burger Guy complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content.

  • General Agreement
  • Entire Agreement - These Terms constitutes the entire agreement between you and The Burger Guy and shall govern the use of our Services, superseding any prior version of these Terms between you and us with respect to The Burger Guy Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain or other Services, affiliate Services, third-party content or third-party software.
  • Choice of Law and Forum - It is at the mutual agreement of both you and The Burger Guy with regard to the Services that the relationship between the parties shall be governed by the laws of the state of Arizona without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Terms, or the relationship between you and The Burger Guy shall be filed within the courts having jurisdiction within the County of Pima, Arizona or the U.S. District Court located in said state. You and The Burger Guy agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
  • Waiver and Severability of Terms - At any time, should The Burger Guy fail to exercise or enforce any right or provision of the Terms, such failure shall not constitute a waiver of such right or provision. If any provision of these Terms 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 provision of these Terms remaining in full force and effect.
  • No Right of Survivorship Non-Transferability - You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
  • Statute of Limitations - You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or these Terms must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
  • Violations - Please report any and all violations of these Terms to The Burger Guy as follows:

    Mailing Address:

    The Burger Guy
    Attn: Mike Riggers
    3450 W Moore Rd
    Tucson, AZ 85742

    Telephone: 1 (800) 603-2164
    Fax: 520-297-1894
    Email: customersupport@theburgerguy.com

WHEN IS THE BEST TIME TO POST?
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The best time to post on Facebook is 1–4 p.m. late into the week and on weekends.

Saturday and Sunday at 12–1 p.m.
Thursday and Friday at 1–4 p.m.
Wednesday at 3 p.m.

The optimal times to tweet are 12–3 p.m., with a peak best time at 5 p.m. During the workweek is the best, though some niches might have more active audiences on the weekend.

Wednesday at noon and 5–6 p.m.
Monday–Friday at 12–3 p.m. and 5 p.m.

EMAIL ACCESS
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Until your account information has been verified, you will not have access to email. You can still promote your fundraiser by clicking the social media tab.