Porky’s BBQ Hearth & Spa Conditions of Use & Terms of Service
Welcome the website of Porky's BBQ, Hearth & Spa.
www.porkysbbqleisure.com
Porky’s BBQ Hearth & Spa provide website features and other products and services to you when you visit or shop at the Porky’s BBQ Hearth & Spa site, use Porky’s BBQ Hearth & Spa products or services, in connection with any of the foregoing (collectively, "Porky’s BBQ Hearth & Spa Services"). Lifeelementsglobal.com provides the Porky’s BBQ Hearth & Spa Services subject to the following conditions.
By using Porky’s BBQ Hearth & Spa Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Porky’s BBQ Hearth & Spa Services, and sometimes additional terms may apply. When you use a Porky’s BBQ Hearth & Spa Service, you also will be subject to the guidelines, terms and agreements applicable to that Porky’s BBQ Hearth & Spa Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Privacy
Please review our Privacy Notice, which also governs your use of the Porky’s BBQ Hearth & Spa Services, to understand our practices.
Electronic Communications
When you use any Porky’s BBQ Hearth & Spa Service, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the various Porky’s BBQ Hearth & Spa websites or through other Porky’s BBQ Hearth & Spa Services, such as our Message Centre. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included in or made available through any Porky’s BBQ Hearth & Spa Service--such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software--is the property of Porky’s BBQ Hearth & Spa and affiliates or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any lifeelementsglobal.ca Service is the exclusive property of Porky’s BBQ Hearth & Spa and protected by Canadian and international copyright laws.
Trademarks
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Porky’s BBQ Hearth & Spa Service are trademarks or trade dress of Porky’s BBQ Hearth & Spa, or its affiliates, in the United States and other countries. Porky’s BBQ Hearth & Spa and its affiiate's trademarks and trade dress may not be used in connection with any product or service that is not Porky’s BBQ Hearth & Spa or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Porky’s BBQ Hearth & Spa or its affiliates. All other trademarks not owned by Porky’s BBQ Hearth & Spa or its affiliates that appear in any Porky’s BBQ Hearth & Spa Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Porky’s BBQ Hearth & Spa or its affiliates.
Patents
One or more patents owned by Porky’s BBQ Hearth & Spa apply to the Porky’s BBQ Hearth & Spa Services and to the features and services accessible via the Porky’s BBQ Hearth & Spa Services. Portions of the Porky’s BBQ Hearth & Spa Services operate under license of one or more patents.
License and Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Porky’s BBQ Hearth & Spa or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Porky’s BBQ Hearth & Spa Services. This license does not include any resale or commercial use of any Porky’s BBQ Hearth & Spa Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Porky’s BBQ Hearth & Spa Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Porky’s BBQ Hearth & Spa and its affiliates or its licensors, suppliers, publishers, rightsholders, or other content providers. No Porky’s BBQ Hearth & Spa Service, nor any part of any Porky’s BBQ Hearth & Spa Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Porky’s BBQ Hearth & Spa. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Porky’s BBQ Hearth & Spa without express written consent. You may not use any meta tags or any other "hidden text" utilizing Life Element Global's name or trademarks without the express written consent of Porky’s BBQ Hearth & Spa. You may not misuse the Life Element Global Services. You may use the Porky’s BBQ Hearth & Spa Services only as permitted by law. The licenses granted by Porky’s BBQ Hearth & Spa terminate if you do not comply with these Conditions of Use or any Service Terms.
Your Account
You may need your own Porky’s BBQ Hearth & Spa account to use certain Porky’s BBQ Hearth & Spa Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. To manage your payment options log in to your Porky’s BBQ Hearth & Spa account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Lifeelementsglobal.ca does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province or state of residence, you may use the Porky’s BBQ Hearth & Spa Services only with involvement of a parent or guardian. Porky’s BBQ Hearth & Spa reserves the right to refuse service, terminate accounts, terminate your rights to use Porky’s BBQ Hearth & Spa Services, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Life Elemnts Global reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Porky’s BBQ Hearth & Spa a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media for all purposes, including in advertising and promotions. You grant Porky’s BBQ Hearth & Spa and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Porky’s BBQ Hearth & Spa for all claims resulting from content you supply. Porky’s BBQ Hearth & Spa has the right but not the obligation to monitor and edit or remove any activity or content. Porky’s BBQ Hearth & Spa takes no responsibility and assumes no liability for any content posted by you or any third party.
Intellectual Property Complaints
Porky’s BBQ Hearth & Spa respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us at legalaffairs@lifeelementsglobal.com.
Risk of Loss
Risk of loss and title for items purchased from Porky’s BBQ Hearth & Spa pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.
Returns, Refunds and Title
Porky’s BBQ Hearth & Spa does not take title to returned items until the item arrives at our warehouse locations. At our discretion, a refund may be issued without requiring a return. In this situation, Porky’s BBQ Hearth & Spa does not take title to the refunded item.
Product Descriptions
Porky’s BBQ Hearth & Spa attempts to be as accurate as possible. However, Porky’s BBQ Hearth & Spa does not warrant that product descriptions or other content of any Porky’s BBQ Hearth & Spa Service is accurate, complete, reliable, current, or error-free. If a product offered by Porky’s BBQ Hearth & Spa itself is not as described, your sole remedy is to return it in unused condition.
Pricing
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on the Porky’s BBQ Hearth & Spa site and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on them Porky’s BBQ Hearth & Spa site.
With respect to items sold by Porky’s BBQ Hearth & Spa, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
All pricing buy Porky's BBQ Hearth & Spa are set in stone by our manufactureres.
Other Businesses
Parties other than Porky’s BBQ Hearth & Spa operate stores, provide services or software, or sell product lines through the Porky’s BBQ Hearth & Spa Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Porky’s BBQ Hearth & Spa. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Porky’s BBQ Hearth & Spa does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE PORKY’S BBQ HEARTH & SPA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PORKY’S BBQ HEARTH & SPA SERVICES ARE PROVIDED BY PORKY’S BBQ HEARTH & SPA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PORKY’S BBQ HEARTH & SPA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PORKY’S BBQ HEARTH & SPA SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PORKY’S BBQ HEARTH & SPA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LIFE ELEMENT GLOBAL SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PORKY’S BBQ HEARTH & SPA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. PORKY’S BBQ HEARTH & SPA AND ITS AFFILIATES DO NOT WARRANT THAT THE PORKY’S BBQ HEARTH & SPA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PORKY’S BBQ HEARTH & SPA SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM PORKY’S BBQ HEARTH & SPA SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PORKY’S BBQ HEARTH & SPA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PORKY’S BBQ HEARTH & SPA SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PORKY’S BBQ HEARTH & SPA SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Applicable Law and Disputes
(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any Porky’s BBQ Hearth & Spa Service, or to any products or services sold or distributed by Porky’s BBQ Hearth & Spa or through Porky’s BBQ Hearth & Spa Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The International Chamber of Commerce Rules, the rules of arbitration govern the conduct of ICC arbitration proceedings from start to finish. They regulate the filing of claims, the constitution of arbitral tribunals, the conduct of proceedings, the rendering of decisions and the determination of costs and shall apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(Not applicable to Quebec consumers) By using any Porky’s BBQ Hearth & Spa Service, you agree that the ICC Rules and Procedures for Arbitration, applicable law, and the laws of Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Porky’s BBQ Hearth & Spa.
For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and Porky’s BBQ Hearth & Spa shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
Store Policies
Please review our other policies, posted on the Porky’s BBQ Hearth & Spa site. These policies also govern your use of Porky’s BBQ Hearth & Spa Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Our Address
Porky’s BBQ Hearth & Spa
1075 Sarnia Road
London, Ontario
Canada
N6H 5J9
Notice and Procedure for Making Claims of Intellectual Property Infringement
If you believe that your intellectual property rights are being infringed, please submit your complaint and address to legalaffairs@lifeelementsglobal.com. This forum may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our email process for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:
Copyright
Porky’s BBQ Hearth and Spa
1075 Sarnia Road
London, Ontario
Canada N6H 5J9
Phone: 519-657-5000
E-mail: info@porkys.ca
- Written claims concerning copyright infringement must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Last Updated: May 20, 2022.