ATTENTION: PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

1. USE OF THIS SITE. You agree to abide by this Terms of Use Agreement, as may be amended from time to time (“Agreement“) when using Eatcookout.com (this “Site“). This Agreement and the related Privacy Policy constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this Site, the content, products or services provided by or through this Site, and the subject matter of this Agreement. The information and features included in this Site have been compiled from a variety of sources, are for informational purposes only, and are subject to change at any time without notice. This Site and all information it contains are provided “AS IS.” By accessing or linking to this Site, you assume the risk that the information on this Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. This Site may not be compatible with your web browser or other software that you use. There is no guarantee that the Site will be available on a consistent basis. This Site may be subject to periods of interruption, poor performance, or down time for periodic maintenance, and this Site or any information or products and services contained therein may be removed at any time.

2. NO AFFILIATION WITH COOKOUT RESTAURANTS. This Site is not owned or operated by, nor affiliated with Jeremy Reaves or Morris Reaves, Cook Out Restaurants, or any of its associated entities. This Site contains general information with respect to menus, locations, phone numbers, and customer experiences, for informational and educational purposes only, and we do not claim any authority to act on behalf of, nor that we are endorsed, sponsored or sanctioned by, Cook Out Restaurants or any any of its related entities.

3. THIRD PARTY AND AFFILIATED WEB SITES. We have no control over, and no liability for any third party websites or materials, including advertisers. We work with a number of partners or affiliates, including advertisers, for whom we have placed links on this Site to their websites. We have no control over the content and performance of these partner and affiliate sites and make no guarantees, representations or warranties about the accuracy, currency, content, or quality of information provided by such sites, any products or services provided by such websites, any results that may be obtained from using such websites, the legality of the products or services provided by such sites, or the privacy or other practices of such websites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. UNLESS EXPRESSLY SO STATED, THE INCLUSION OF A LINKED SITE IS FOR YOUR CONVENIENCE ONLY AND IS NOT INTENDED AND SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OR RECOMMENDATION OF THE LINKED SITE OR ITS CONTENT. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO THIS SITE, INCLUDING THOSE THAT WE RECOMMEND, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND OUR RECOMMENDATION DOES NOT CONSTITUTE A GUARANTY OR WARRANTY OF THEIR SERVICES OR PRODUCTS.

THIS WEBSITE AND ITS AFFILIATES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, CONTENT, PRODUCTS, SERVICES OR AVAILABILITY OF INFORMATION FOUND ON THIS SITE AND ON OTHER WEBSITES THAT LINK TO OR FROM THIS SITE. THIS SITE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, INFORMATION THAT YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY WEB SITE.

4. PROHIBITED ACTIONS. We impose certain restrictions on your permissible use of this Site. You are prohibited from violating or attempting to violate any security features of this Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of this Site, or any associated network or system, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, flooding, spamming, mail bombing, or crashing; (d) using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information of any e-mail; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing this Site. Any violation of system or network security may subject you to civil and/or criminal liability.

5. WARRANTY DISCLAIMER. THE SITE AND ALL SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THIS WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SITE OR SERVICES IS AT USER’S SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, THIS WEBSITE DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, SERVICES, OR ANY DATA, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES, NOT UP TO DATE INFORMATION, OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE OR ANY OF THE SERVICES; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER THAT MAINTAINS THE SITE; (iv) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREFROM; AND (v) VISITOR’S USE OF THE SITE, OR ANY SERVICES, OR DATA. FURTHER, THIS WEBSITE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS, ECONOMIC OR OTHERWISE THAT MAY BE OBTAINED BY USE OF THE SITE, SERVICES, OR ANY DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.

6. LIMITATION OF LIABILITY. THIS WEBSITE AND ANY RELATED ENTITIES SHALL NOT BE LIABLE FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION OR THEORY. IN NO EVENT SHALL THIS WEBSITE OR ANY RELATED ENTITY BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF THIS AGREEMENT, THE USE OR INABILITY TO USE THIS SITE, THE MATERIALS OR ANY SERVICES, THIRD PARTY PRODUCTS OR SERVICES, WEB SITES LINKED TO OR FROM THIS SITE, OR FOR ANY BREACH OF WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT YOU WILL NOT HOLD THIS WEBSITE OR ANY RELATED ENTITY RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THIS SITE, THIRD PARTY PRODUCTS OR SERVICES, OR WEB SITES LINKED TO OR FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY SERVICE PROVIDERS AND ADVERTISERS, THOSE WITH WHOM THIS WEBSITE CONTRACTS TO OPERATE VARIOUS PORTIONS OF THIS SITE, AND THOSE TO WHOM THIS WEBSITE PROVIDES LINKS FOR CONTENT, ADVERTISING AND/OR ANY OTHER TYPE OF DATA OR INFORMATION.

ANY RELIANCE UPON ANY ADVISE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OR OTHER MATERIALS ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.

BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE SUCH RIGHTS.

7. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) INCURRED BY THEM IN CONNECTION WITH ANY CLAIM, THREATENED CLAIM, DAMAGES, OR OTHER LOSS ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS CONTAINED HEREIN OR A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS SITE AND/OR YOUR USE OF THE MATERIAL IN VIOLATION OF THESE TERMS OR FOR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. YOU WILL COOPERATE AS FULLY AS REASONABLY REQUIRED IN DEFENSE OF ANY SUCH CLAIM. THIS WEBSITE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF THIS WEBSITE.

8. COMMENTS AND INQUIRIES. Any response from this Website to any inquiries are for information and educational purposes only and should not be interpreted as advice of any type.

9. PRIVACY POLICY. We respect your privacy. A complete statement of our current Privacy Policy can be found by clicking here. This Website’s privacy policy is expressly incorporated into this Agreement by this reference.

10. MODIFICATION OF TERMS. This Website reserves the right to revise this Agreement at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions; therefore, you should visit this page from time to time to review the then-current Agreement. This Agreement and any modifications thereto are valid and binding upon you.

11. SEVERABILITY/WAIVER. If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. To the extent that anything in or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

12. ACKNOWLEDGEMENT. BY ACCESSING THIS SITE OR USING THE INFORMATION OR SERVICES AVAILABLE THROUGH THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND THEREBY.