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TERMS & CONDITIONS

A legal disclaimer

TERMS AND CONDITIONS OF USE & SERVICE

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Effective Date: January 1, 2026

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These Terms and Conditions of Use ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”) and Arlene’s Soul Food & BBQ, located at 231 W 2nd St, Freeport, TX 77541 (“Company,” “we,” “us,” or “our”), concerning your access to and use of the website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

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1. ACCEPTANCE OF TERMS & USE LICENSE

By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and must discontinue use immediately.

Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a revocable, non-exclusive, non-transferable license, not a transfer of title. Under this license, you may not:

  • Modify, copy, or create derivative works of the materials;

  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  • Attempt to decompile, disassemble, or reverse engineer any software contained on the Site;

  • Remove any copyright or other proprietary notations from the materials; or

  • Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Arlene’s Soul Food & BBQ at any time.

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2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

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3. ORDERS, PAYMENTS, & PRICING

The Company reserves the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

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4. ONLINE ORDERING & THIRD-PARTY PLATFORMS

The Site may utilize or provide links to third-party ordering platforms (e.g., DoorDash, UberEats, GrubHub). You acknowledge and agree that Arlene’s Soul Food & BBQ has no control over the software, data security, or service levels of these third parties. Any dispute regarding technical failures, delivery personnel conduct, or payment processing on third-party applications must be resolved directly with said third party. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

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5. PICKUP & DELIVERY PROTOCOLS

  • Pickup: Customers choosing the pickup option must retrieve their orders at 231 W 2nd St, Freeport, TX 77541. The Company is not responsible for the degradation of food quality (including temperature and texture) for orders not picked up within fifteen (15) minutes of the designated pickup time.

  • Delivery: Delivery services may be provided by Company staff or third-party contractors. While we strive for punctuality, all delivery times are estimates. The Company assumes no liability for delays caused by force majeure events, including but not limited to traffic, inclement weather, or mechanical failure.

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  • 6. REFUNDS, CANCELLATIONS, & DISPUTE RESOLUTION

Due to the perishable nature of our products, all sales are final. However, we strive for excellence in our service.

  • Reporting Period: Any issues, discrepancies, or dissatisfaction regarding an order must be reported to the Company within twenty-four (24) hours of the purchase time. Reports made after this window will not be eligible for review.

  • Contact Method: Reports must be submitted via email to contact@arlenessoulfoodbbq.com.

  • Discretionary Resolution: Refunds, credits, or replacements are issued at the sole and absolute discretion of management. Submission of a complaint does not guarantee a financial remedy.

 

7. FOOD ALLERGIES & DIETARY DISCLOSURES

ATTENTION: Our facility prepares foods that contain dairy, eggs, wheat, soybeans, peanuts, tree nuts, fish, and shellfish. While we adhere to strict food safety standards, Arlene’s Soul Food & BBQ cannot guarantee the complete absence of cross-contamination. By purchasing our products, the User acknowledges these risks and assumes full responsibility for any allergic reactions or adverse health effects that may occur. The Company disclaims any liability for injuries or damages resulting from undisclosed or unknown food allergies.

 

8. USER CONDUCT & PROHIBITED ACTIVITIES

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Circumvent, disable, or otherwise interfere with security-related features of the Site.

  • Engage in unauthorized framing of or linking to the Site.

  • Use the Site in a manner inconsistent with any applicable laws or regulations.

 

9. PROMOTIONS & DISCOUNTS

Any sweepstakes, contests, or other promotions made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

10. DISCLAIMER OF WARRANTIES

THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

 

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL ARLENE’S SOUL FOOD & BBQ, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

12. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Arlene’s Soul Food & BBQ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

13. REVISIONS AND ERRATA

The materials appearing on the Site could include technical, typographical, or photographic errors. Arlene’s Soul Food & BBQ does not warrant that any of the materials on its website are accurate, complete, or current. We may make changes to the materials contained on the Site at any time without notice. However, we do not make any commitment to update the materials.

 

14. LINKS TO THIRD-PARTY WEBSITES

Arlene’s Soul Food & BBQ has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company. Use of any such linked web site is at the user's own risk.

 

15. SITE TERMS OF USE MODIFICATIONS

We may revise these Terms of Use for our website at any time without notice. By using this website, you are agreeing to be bound by the then-current version of these Terms and Conditions of Use. It is your responsibility to review these Terms periodically for updates.

 

16. PRIVACY & DATA PROTECTION

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding data collection and usage.

 

17. GOVERNING LAW & JURISDICTION

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding related to your access to, or use of, the Site or the Company’s services shall be instituted in a state or federal court in Brazoria County, Texas.

 

18. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

 

19. CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at:
Arlene’s Soul Food & BBQ
231 W 2nd St, Freeport, TX 77541
Email: contact@arlenessoulfoodbbq.com

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