Terms & Conditions

Last updated on February 15, 2025. These Terms and Conditions are effective immediately for users accessing or using our Website, App and/or Service on or after December 15, 2024.

M Wright’s Barbecue L.L.C., an Arkansas limited liability company (“Company” or “Wright’s”) provides the website, www.wrightsbbq.com (the “Site”), and mobile application (the “App”) to provides information about the food and services offered by Wright’s and provides a platform for ordering goods and prepared food (collectively, “Services”). The following Terms and Conditions (“Terms”) govern your ability to use and access any content, functionality and services offered through the Site and App, collectively referred to as the Site, whether as a viewer of the Site or as a Customer as defined below.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. THE SERVICES ARE AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS OR USE THE SERVICES.

BY ACCESSING OR MERELY BROWSING THE SITE OR USING THE SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE INTO THESE TERMS. THE SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 18 YEARS OLD OR SUCH HIGHER AGE REQUIRED IN YOUR COUNTRY TO USE THE SERVICES. IF YOU ARE UNDER THE LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION, YOU REPRESENT THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS ON YOUR BEHALF.

DEFINITIONS

Wright’s or the “Company” refers to Wright’s Barbecue L.L.C and our representatives and affiliates.

A Customer is an entity with which we have a commercial relationship. This is typically a homeowner or business.

“You” includes yourself, your representatives, your agents and any other third party acting on your behalf in connection with the Services (as defined below) as a user. A “user” is an individual person who accesses or in any way uses the Services.

AMENDMENTS

We may amend these Terms at any time and for any reason. We ask that you stay up-to-date with these Terms. When we make changes to these Terms, we will notify you of the changes by posting the revised version on our website. Any changes will become effective upon the earlier of thirty (30) calendar days following our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting notice of the changes on our Site. Changes will be effective immediately for new users of our Services. If you object to any such changes, we ask that you cease using the Services. By continuing to use the Services after we have posted modifications or amendments to the Terms, you consent to such amendments and/or modifications.

COMMUNICATIONS & SMS MESSAGES

The Services provides you with the ability to order food or goods through the Site. You agree that all communications by you on the Site and through the Services shall be subject to and governed by these Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available through the Services, you agree that communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Wright’s in any manner, though Wright’s reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

When you send e-mail to Wright’s, you are communicating electronically and Wright’s will communicate with you by e-mail. You agree that all notices, disclosures, and other communications that Wright’s makes electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw this consent, please stop using the Service.

When you sign up for texts from Wright’s, you consent to receive informational messages from Wright’s (updates about account notifications, or promotions and offers) at the number provided regarding your request, including messages sent by auto dialer. By opting-in, you consent to receive recurring automated promotional and personalized marketing text messages at the mobile number you text us from or used when signing up on the Site, even if your mobile number is registered on any state or federal Do Not Call list. Your consent is not a condition of purchasing any goods or services. Your opt-in signifies your agreement to these terms and to the DISPUTE RESOLUTION AND ARBITRATION PROVISION in these Terms that governs how claims you and we have against each other are resolved.

Message and data rates may apply. Message frequency varies and you may unsubscribe at any time by replying STOP as a reply or HELP for help. We reserve the right to alter the frequency of messages sent at any time. To participate, you must have a text messaging enabled mobile device with a text messaging plan. Not all mobile devices may be supported and text messaging may not be available in all areas. We and our service providers and the supported mobile carriers are not liable for delayed or undelivered messages.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.

We collect and use data from you pursuant to our Privacy Policy. We do not sell your data to third parties or purchase data about you to use for marketing purposes.

Cancellation. If you wish to opt out or stop receiving messages, reply to a message or text the keyword STOP, QUIT, END, CANCEL, or UNSUBSCRIBE at any time. After replying or texting the keyword, you will receive one additional text message confirming that your request has been processed. If you cancel from one of our text message programs, you may continue to receive text messages from Wright’s through any other program you have joined separately until you separately cancel from those programs. You may also continue to receive messages via text message related to service requests made by you.

Duty to Notify and Indemnify: You represent that you are the account holder for the mobile telephone number(s) that you used to subscribe to the program. You are responsible for completing the opt-out process or notifying us immediately if you change, transfer, or intend to stop using the mobile telephone number used to subscribe to the program. You may notify us of a number change by contacting Wright’s as provided under Contact Us below. Your agreement to do so is a material part of these terms and conditions.

You agree to indemnify Wright’s in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to complete the opt-out process or notify us if you change, transfer, or intend to stop using your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

If you send any communication to Wright’s through the Site, including through e-mail, then you will be sending it to Wright’s without any promises or assurances by Wright’s that your communication and the information in it will be received or will be treated as confidential. By sending your communication in this manner, you agree that Wright’s has the irrevocable right to use, copy, distribute, and publish your communication and all information in it, including any personal, biographical, or identifiable information concerning you or others, for any purpose whatsoever now and in the future without any obligation to obtain your permission or to compensate you. You must not send us any communication unless it is legal and truthful and will not violate the rights of others.

We always appreciate your feedback and other suggestions about our Services. You agree that we may use any feedback, suggestions, comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), without any restriction, acknowledgment, or compensation paid to you, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. We are under no obligation to keep your Feedback confidential.

CONTACT US

If you have questions or comments, please contact us at wrightsbarbecue@gmail.com. If you have any questions about your text or data plan it is best to contact your wireless provider.

PRODUCT SALES, ORDERING, AVAILABILITY AND PAYMENTS

Through the Services, you may be able to order and/or pay for goods or Services. All goods and Services displayed through the Wright’s Site will be delivered only within the United States. All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. Wright’s reserves the right, without prior notice, to discontinue or change specifications on goods and Services offered through the Site.

Wright’s may permit you, through the Site, to order menu items or other goods or Services from a Wright’s location. All descriptions, images, features, specifications, products, and prices of goods or Services are subject to change at any time without notice. The inclusion of any goods or Services on the Site does not imply or warrant that these goods or Services will be available. Wright’s reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any good or Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any good or Service. You agree to pay all charges incurred by you, on your behalf, or by your account through the Site, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction. You acknowledge and agree that Site ordering and the ability to purchase goods and Services is only available at participating locations (which locations are subject to change without notice). Prices and availability of menu items and customization options vary by location.

You understand and agree that you are charged at the time you place your order for goods or Services. You further understand and agree that the transaction for the purchase of goods or Services is final and complete at the time you are charged. Once an order is placed, changes cannot be made to the order. Once you have directed Wright’s to begin preparation of your order, you may not cancel your order. Unclaimed orders due to customer error (including orders sent to the wrong Wright’s location) are nonrefundable.

You will be asked to designate and provide payment information (e.g., credit card, online payment service, or any other payment method made available by Wright’s) to pay for Services provided by Wright’s. If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Wright’s and/or any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

You may switch to a different payment method or update your information by updating your account information. No refunds or credits will be provided by Wright’s.

OWNERSHIP OF CONTENT AND ACCESS TO SITE

Any and all intellectual property rights (“Intellectual Property”) associated with the Services and its contents, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files and their selection and arrangement, (collectively, the “Content”), are the sole property of Wright’s, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Services are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Services are trademarks, service marks or trade dress (“Marks”) of Wright’s, its affiliates or other entities that have granted Wright’s the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Wright’s. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Services in any way without the prior written permission of Wright’s or the appropriate third party. Except as expressly provided herein, Wright’s does not grant to you any express or implied rights to our or any third party's Intellectual Property.

We grant you a limited, revocable, non-exclusive, license to access the Services and to view, copy and print the portions of the Content available to you on the Services. Such license is subject to these Terms specifically conditioned upon the following:

• You may only view, copy and print such portions of the Content for your own non-commercial use;
• You may not modify or otherwise make derivative works of the Services or the Content or reproduce, distribute or display the Services or any Content except at permitted within these Terms;
• You may not remove any trademark, copyright or other proprietary notices placed on Content;
• You may not use data mining, robots or similar data gathering or extraction methods; and
• You may not use the Services or the Content other than for its intended purpose.

The license in this section is revocable by us at any time. You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

RESTRICTIONS ON USE OF THE SERVICES

In addition to other restrictions set forth in these Terms, you agree that:

• You shall not use the Services in any way that breaches any applicable local, national or international law or regulation.
• You shall not disguise the origin of information transmitted through the Services.
• You will use the Services for lawful purposes only and will not submit or transmit through the Services any material or engage in conduct that:

(1) Violates or infringes the rights of others, including, without limitation, rights in intellectual property such as trademarks, copyrights, patents and trade secrets;

(2) Is harmful or attempting to harm minors in any way; or 

(3) Violates these Terms, the Privacy Policy, or any other policy of Wright’s.

DISCLAIMER OF WARRANTIES

WRIGHT’S MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OF THE SERVICES, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIAL OR SYSTEMS WILL BE AT YOUR OWN RISK.

WRIGHT’S SERVICES AND THEIR CONTENTS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WRIGHT’S SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, INCLUDING THE ACCURACY OR COMPLETENESS OF WRIGHT’S SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WRIGHT’S BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INJURIES, COSTS, OR EXPENSES OF ANY KIND (“DAMAGES”) DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM THE ACCESS/USE, ATTEMPTED ACCESS/USE, OR INABILITY TO ACCESS/USE WRIGHT’S SERVICES, INCLUDING YOUR RELIANCE UPON THE INFORMATION CONTAINED IN WRIGHT’S SERVICES. FURTHERMORE, WRIGHT’S WILL NOT BE LIABLE FOR ANY DAMAGES, INJURIES, COSTS, OR EXPENSES OF ANY KIND DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND WRIGHT’S’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL WRIGHT’S OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, WRIGHT’S SERVICES, EVEN IF WRIGHT’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS ARE FAIR AND REASONABLE.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON WRIGHT’S SERVICES ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON WRIGHT’S SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE TO ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

COMPLIANCE WITH LAW

You agree to use the Services in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Wright’s, negatively reflect on the goodwill or reputation of Wright’s and shall take no actions which would cause Wright’s to be in violation of any laws, rulings or regulations applicable to Wright’s.

INDEMNIFICATION

You agree to defend, indemnify, and hold Wright’s harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, and employees, from and against any loss, damage, claim, liability, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of the use of these Services or a breach of these Terms.

DISPUTE RESOLUTION AND ARBITRATION PROVISION

Governing Law; Venue:

By using the Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arkansas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us. The parties agree that any disputes shall be resolved by binding arbitration or litigation, as provided herein, in Washington County, Arkansas.

Disputes:

Any dispute or claim arising from or relating in any way to your use of the Services provided by Wright’s or these Terms 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 Federal Arbitration Act and federal arbitration law apply to this arbitration agreement. The laws of the State of Arkansas, without regard to conflicts of laws, will be applied by the arbitrator unless otherwise agreed by the parties.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes to the extent applicable. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. To begin an arbitration proceeding, visit AAA’s website (www.adr.org) for instructions.

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, unless otherwise agreed by all parties. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. Unless we each agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

We also both agree that the terms “dispute” and “claim” as used in this section are as broad as they can be and include any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforceability or validity of your, your licensors’, our, or our licensors’ intellectual property rights. You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

GENERAL

You may not assign your account or any of your interests, rights or obligations under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

AMENDMENTS

As stated above, we may amend these Terms at any time and for any reason. We ask that you stay up-to-date with this Terms. When we make changes to these Terms, we will notify you of the changes by posting the revised version on our Site. Any changes will become effective upon the earlier of thirty (30) calendar days following our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting notice of the changes on our Site. Changes will be effective immediately for new users of our Services. If you object to any such changes, we ask that you cease using the Site and the Services. By continuing to use the Services after we have posted modifications or amendments to the Terms, you consent to such amendments and/or modifications. For this reason, we encourage you to review the Terms whenever you use the Site or Services.

If you have any questions or concerns regarding the Terms, please contact us at wrightsbarbecue@gmail.com.