Terms & Conditions

TERMS AND CONDITIONS OF ACCESS AND USE

This Terms and Conditions of Access and Use Agreement (the “Agreement”) applies to Intesigma Inc. and Intesigma Inc, as well as our subsidiaries and affiliates and our trusted family of brands (collectively, “Intesigma”). This Agreement describes the terms and conditions and the general principles applicable to your access and use of websites, social media sites, pages, e-newsletters, surveys, forums, ratings and reviews, accounts and applications owned, operated or licensed by or on behalf of Sigma Grill (“Sigma Grill Sites”). If you do not agree to these terms and conditions of access and use, you should not access or use any Sigma Grill Site.

By accessing or using a Sigma Grill Site, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. Sigma Grill reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion without further notice, effective upon including the revisions on a Sigma Grill Site. Your continued use of a Sigma Grill Site following the changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review this Agreement and the Privacy Policy from time-to-time to understand the terms and conditions that apply to your access and use of a Sigma Grill Site.

General Terms.

  1. Use of Site

In consideration of your acceptance of this Agreement and the Privacy Policy, Sigma Grill grants you a limited non-exclusive revocable license to access and make personal and non-commercial use of the Sigma Grill Sites, provided you do not modify, alter, or download (other than page caching) any portion of it unless otherwise specifically provided herein or you have obtained written authorization in advance from Intesigma. The permission granted to you shall terminate automatically and immediately if you breach any of the terms and conditions set forth in this Agreement. Sigma Grill reserves the right to modify or remove any materials, products, or services listed on the Sigma Grill Sites at any time without further notice. All rights not expressly granted herein are expressly reserved by Intesigma.

  1. Prohibited Use of Site

You shall not make any commercial use of the Sigma Grill Sites or their contents, product listings, descriptions, or prices. You further agree not to download or copy any content or product information for the benefit of any third party or use any data mining, robots, or similar data gathering and extraction tools. The Sigma Grill Sites, or any portion thereof, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without the express written consent of Intesigma. You agree not to interfere, disrupt, or attempt to gain unauthorized access to the Sigma Grill Sites, or any other related computer network. You further agree not to disseminate, store, or transmit viruses, Trojan horses, or any malicious code or program or engage in any other activity deemed by Sigma Grill to be in conflict with the spirit or intent of this Agreement. You agree to use the Sigma Grill Sites only for lawful purposes. You are prohibited from posting on or transmitting through the Sigma Grill Sites any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or offensive, or that is otherwise objectionable, including, but not limited to, any material or content encouraging conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Sigma Grill reserves the right to remove any postings or content in violation of this Agreement.

  1. Equipment

You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Sigma Grill Sites including all hardware, software, electrical and other physical requirements for your use of the Sigma Grill Sites, including, without limitation, telecommunications, Internet access connections, web browsers or other equipment, and programs and services required to access and use the Sigma Grill Sites.

  1. Correction of Errors and Inaccuracies

The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.

  1. Accessibility

You acknowledge and agree that at times the Sigma Grill Sites may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Sigma Grill may undertake from time to time; or (iii) causes which are beyond the control of Sigma Grill or which are not reasonably foreseeable.

Intellectual Property

  1. Trademarks

The trademarks, service marks, brand names, and logos appearing on the Sigma Grill Sites (“Marks”) are owned or licensed by Intesigma. Nothing herein shall be construed as granting any license or right to use the Marks without the express written permission of the owner. You may not frame or utilize framing techniques to enclose any Marks or use any meta tags or any other “hidden text” utilizing the Marks without the express written consent of Intesigma.

  1. Copyrighted Works

Copyrights in content provided on the Sigma Grill Sites, including, but not limited to, images, video, photos, electronic art, animations, graphics, sounds, audio, information and data, communication programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases (hereafter “Copyrighted Works”) are exclusively owned or licensed by Intesigma, and are protected by U.S. and international copyright laws. Except as stated herein, you agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, display, post, or transmit any Copyrighted Works (except for your personal, private, non-commercial use) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Sigma Grill and any appropriate third party as applicable.

  1. Copyright Infringement

If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Sigma Grill with the following information in writing (see 17 U.S.C Section 512(c)(3) for further detail):

  1. physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    b. identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Sigma Grill to locate the material;
    d. information reasonably sufficient to permit Sigma Grill to contact you, such as an address, telephone number, and, if available, an electronic mail;
    e. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    f. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.You may contact Intesigma’s designated Copyright Agent by selecting “Copyright Inquiry” in the dropdown menu in the form found on our Contact Us page, by email at support@intesigma.com.News Media Exception to Advance Written Permission

Notwithstanding anything to the contrary herein, images from the Sigma Grill Image Gallery, videos from the Sigma Grill Video Gallery, and product images and logos provided in the Sigma Grill Image Resource Library may be reproduced (but not modified or altered) by news reporting organizations for news reporting purposes, without advance prior written permission from Intesigma, provided the reproduction is accompanied by notice that it has been reproduced with permission from Intesigma.

  1. Confidential Information

Do not use the Sigma Grill Sites as a means of submitting information you consider to be confidential or proprietary unless you are placing an order in which case some personal information is required. You grant to Sigma Grill a non-exclusive license to use any review or feedback content that constitutes a “covered communication” as defined in the Consumer Review Fairness Act (“Review”). Except as otherwise expressly provided herein or in a written agreement with Sigma Grill applicable to your particular use of a Sigma Grill Site, you agree that any material that does not constitute a Review, including but not limited to questions, comments, suggestions, ideas, inventions, plans, notes, drawings, photos, original or creative materials or other information, provided by you in the form of e-mail or submissions to Intesigma, or postings on the Sigma Grill Sites (herein “Material”), are non-confidential (subject to the Sigma Grill Privacy Policy) and will be considered a contribution to Sigma Grill for its free and further use in its sole discretion. Sigma Grill shall be entitled to the unrestricted use of Material for any purpose, commercial or otherwise, without any compensation to you.

Links

The Sigma Grill Sites may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by Sigma Grill with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that Sigma Grill is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. SIGMA GRILL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any non-Sigma Grill Site is subject to the terms and conditions applicable to that site, including the privacy policies of such site. If a third party links to a Sigma Grill Site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Intesigma. Sigma Grill may not even be aware that a third party has linked to the Sigma Grill Site.

Product Sales

These terms apply to all product sales from the Sigma Grill Sites and may be supplemented by more specific terms on the individual Sigma Grill Site where an order is placed.

  1. Orders

All products offered for sale are subject to availability and Intesigma’s acceptance of your order. After you place an order through a Sigma Grill Site, we will send you an email acknowledging your order. This order acknowledgment means that your order has been received; it does not mean that your order has been accepted, shipped, or that the price of an item has been confirmed, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Upon shipment of your order, we will send you an email. Sigma Grill may also require additional information prior to accepting or processing any order.

Sigma Grill reserves the right at any time to accept, decline or cancel any order or limit order quantity for any reason. If we cancel an order after you have already been billed, we will refund the billed amount. Sigma Grill uses its best efforts to fulfill orders, however, there may be instances in which a product is out of stock or unavailable, in which case Sigma Grill will contact you for direction on whether you wish to select another order or cancel your existing order.

Sigma Grill may revise, discontinue or modify products at any time without prior notice to you and products may become unavailable without notice. Sigma Grill shall have no liability of any kind if any product is not available.

  1. Fulfillment

Most product orders are shipped by a third party fulfillment service provider. Delivery lead times vary, but most orders will be shipped within 10 working days. The delivery charge varies depending on the size and weight of the item. These charges will be included in the Shipping and Handling of your order. If eligible for shipment to Hawaii and Alaska, special rates apply. Oversized and extremely heavy items are marked on their product information pages as requiring a special delivery charge. Title to and risk of loss of product will pass to you upon our delivery to the carrier. Shipping times are estimates only, and not a guarantee that the product will be delivered on the specified date. We will not be liable for any loss or expense which you may incur as a result of any delay in the delivery of your order. When ordering more than one item, please note your items may come in different shipments. Sigma Grill assumes no liability for damaged, lost or stolen shipments. It is your responsibility to ensure parcels can be delivered free from theft or exposure to rain, snow, excessive humidity or temperature extreme. Claims for incorrect or missed shipments must be made to Sigma Grill Customer Support within 20 days of order acknowledgment/shipment or are deemed waived.

  1. Credit Card Information

You may be asked to supply certain information relevant to your purchase of product through a Sigma Grill Site, including credit card number, the expiration date, your billing address and your shipping information. By submitting such information, you grant Sigma Grill the right to provide such information to our third party-fulfillment service provider to facilitate the transaction. You agree to pay all charges that you incur on the Sites at the prices in effect when incurred, including without limitations any shipping and handling charges and taxes. You represent and warrant that you have the legal right to use any credit cards used in connection with any transaction.

  1. Pricing

Prices shown are in U.S. dollars. Sigma Grill reserves the right to change prices for products displayed on the Site at any time, and to correct pricing errors that may inadvertently occur. Despite our best efforts, a small number of the items on our Website may be mispriced. Rest assured, however, that we verify prices as part of our shipping procedures. If an item’s correct price is lower than our stated price, we charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will, at our discretion, either (i) contact you for instructions about whether you wish to pay the correct higher price before shipping or (ii) cancel your order and notify you of such cancellation (whether or not the order has been confirmed and your credit card or debit card charged). We cannot confirm the price of an item until your order enters the shipping process, nor will we charge your credit card until your order enters the shipping process. (Please note that your Order Acknowledgment means that your order request has been received; it does not mean that your order has been shipped or that the price of an item has been confirmed.)

  1. Limited Warranty

The extent of any limited warranty for each product is as shipped with the product or as expressly stated on a warranty document on a Sigma Grill Site. Any warranty offered is limited to defects in material or workmanship, and repair or replacement is your exclusive remedy for any defective product. In no event shall we be liable for any special, incidental or consequential damages of any kind arising out of the purchase or use of any product, whether based on contract, tort, statute or otherwise. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State. In addition, any warranties implied by law shall in no event extend beyond the duration of the express warranty offered, if any. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

  1. Returns

This return policy only applies to orders from a Sigma Grill Site. If you purchased items from a dealer, please contact that dealer. Authorized returns must have a prior return merchandise authorization (RMA) and may be subject to a restocking fee. Contact Customer Service using the number or email address listed on the Sigma Grill Site Customer Support page to obtain an RMA number. All sales of ammunition, ammunition components, customer-made products, discontinued items, items sold “as is,” and clearance items are final and may not be returned. You are responsible for any shipping, handling and insurance costs associated with the return item. All authorized returns must be shipped within 30 days of delivery, must be returned unused, complete and in its original packaging and must be accompanied with a copy of the invoice. For your protection, we suggest all returns be sent back by a traceable carrier such as UPS or FedEx. Sigma Grill is not responsible for product lost in shipment.

  1. Product Descriptions

We attempt to make our product descriptions as accurate as possible. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.

  1. Compliance with Laws

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from a Sigma Grill Site. By placing an order, you represent that the order is lawful and will be used in a lawful and appropriate manner. In addition, you acknowledge that any goods sold in the U.S. may be subject to the import or export laws of the country in which the goods are sold. Accordingly, you agree to abide by all applicable export laws and regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer such goods to a foreign national or a foreign destination in violation of law.

  1. Customer Service

If you need assistance with an existing order, placing an order, understanding more about a product, or processing a return or exchange, please contact our customer service at the number listed on the Site Customer Support page.

Text Messages

We may send text messages you have consented to receive. Depending on your consents, the text messages may provide you with information about your orders or special offers regarding marketing communications about our products. The messages you receive may come from an autodialer. You can cancel text messages at any time by texting “STOP”. After you send “STOP”, we may send you an additional text message to confirm that you have been unsubscribed. You will no longer receive text messages from that number, but you may receive text messages if you are subscribed to other text lists. You may resubscribe to receive text messages after you have unsubscribed. If at any time you have questions about the text messages, text “HELP” and we will respond with additional information to assist. Message and data rates may apply. Consent is not required as a condition of purchase.

Investment Information

The Sigma Grill Sites, and any market and financial information, news, analysis, opinions, and research reports (collectively “Investment Information”) issued by Sigma Grill through a Sigma Grill Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. Sigma Grill is required to file periodic and special reports, proxy statements and other information with the Securities Exchange Commission (“SEC”) under the Securities Exchange Act of 1934. Please review this information for updated information as to our company. This information is available either on our website or at the SEC website at http://www.sec.gov/. Sigma Grill does not guarantee the accuracy, timeliness, completeness, or correct sequencing of the Investment Information or warrant any results from your use or reliance on such information. The Investment Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. You should not construe any Investment Information, features, tools, or other content available through a Sigma Grill Site as legal, tax, investment, financial, or other advice. You should consult with an attorney or financial or tax professional, regarding your specific legal or tax situation to determine whether such transaction is appropriate for you based on your individual investment needs and to verify pricing information. The Investment Information available on a Sigma Grill Site shall not be considered a solicitation for or offering of any investment in any jurisdiction where such solicitation or offering would be illegal. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Investment Information before making any decisions based on such information. In exchange for using this Sigma Grill Site, you agree not to hold Sigma Grill and its agents, officers, directors, employees, successors, assigns, and affiliates liable for any possible claim for damages arising from any decision you make based on Investment Information made available to you through this Sigma Grill Site. Sigma Grill may provide links to third-party websites or services that contain financial or investment information about Intesigma. Access to such websites and the information contained therein is provided as a convenience to those interested in the information. Sigma Grill neither regularly monitors nor has control over the content of third-parties’ statements or websites. Accordingly, Sigma Grill does not endorse or adopt these websites or any information contained therein, including, without limitation, analysts’ reports and stock quotes. Sigma Grill makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on a Sigma Grill Site. Users visit these websites and use the information contained therein at their own risk.

Disclaimer of Warranties

INTESIGMA, AND ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES PROVIDE THE SIGMA GRILL SITES “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SIGMA GRILL AND ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THE SIGMA GRILL SITES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THESE SIGMA GRILL SITES WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SIGMA GRILL SITES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SIGMA GRILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIGMA GRILL DOES NOT WARRANT THAT ANY SIGMA GRILL SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL INTESIGMA, OR ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SIGMA GRILL SITES, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE A SIGMA GRILL SITE, ANY CHANGES TO OR INACCESSIBILITY OF A SIGMA GRILL SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH A SIGMA GRILL SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH A SIGMA GRILL SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.

Indemnification

You agree to indemnify, hold harmless, and defend Intesigma, its parents, subsidiaries, related companies, affiliates, directors, officers, employees, successors, assigns, contractors, service providers and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of, or relating to: (i) this Agreement; (ii) your use of a Sigma Grill Site, including any data or work transmitted or received by you; and (iii) any prohibited use of a Sigma Grill Site.

Termination

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. Sigma Grill reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of any Sigma Grill Site; (ii) suspend your access to or use of all or any portion of any Sigma Grill Site; and (iii) terminate this Agreement. Sections 1, 2, 3, 4, 6, 7, 8, 9, and 10, shall survive any termination of this Agreement.

Miscellaneous

  1. Waiver

No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

  1. Severability

If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

  1. Law

This Agreement is made in and shall be governed and construed by the laws of the State of Minnesota, United States of America, without reference to conflicts of laws. If you access a Sigma Grill Site from locations outside Minnesota or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Minnesota, United States of America, and you are solely responsible for compliance with all your local laws. Access to any Sigma Grill Site from locations where such Site’s contents may be unlawful is prohibited.

  1. Forum

All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Hennepin County, Minnesota. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Hennepin County, Minnesota. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Hennepin County, Minnesota and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in Hennepin County, Minnesota.

  1. Headings

The captions and headings of this Agreement are included for ease of reference only and shall be disregarded in interpreting or construing this Agreement.

  1. Entire Agreement

This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.

Password Protected Sites

If you access a password-protected Sigma Grill Site (“Protected Site”), you represent that you have been granted access by Sigma Grill and agree to take all reasonable precautions to safeguard the confidentiality of the content and all information accessed on the Protected Site, including without limitation the password (collectively, the “Proprietary Information“), exercising at least a degree of care suitable for the sensitivity of such information but in no instance less than reasonable care. You agree to immediately notify Sigma Grill of any unauthorized use or disclosure of the Proprietary Information, and to take all necessary actions to prevent use or disclosure of the Proprietary Information in breach of this Agreement or applicable law.

When accessing a Protected Site, you are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Sigma Grill of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Sigma Grill will not be liable for any loss that you or your employer may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Sigma Grill or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.

Sigma Grill Rewards Program

Terms and Conditions 

PLEASE READ CAREFULLY. By participating in the Sigma Grill Rewards Program, you agree to the following Terms and Conditions.  THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT: 

  1. Overview of the Sigma Grill Rewards Program

1.1  The Sigma Grill Rewards Program (the “Program”) is a loyalty program sponsored by Intesigma Inc and its affiliated companies (“Intesigma”), through which you will be offered the opportunity to earn rewards Points (“Rewards Points”) that can be redeemed for select merchandise and other rewards by purchasing specified Sigma Grill goods. Eligible participants in the Program (“Members”) may access the Program using the Sigma Grill websites specifically designed by Sigma Grill as eligible for the Program, which websites Sigma Grill may add to or remove from time-to-time in its discretion (“Sites”).    

  1. Eligibility

2.1  The Program is open to legal residents of the 50 United States (or the District of Columbia) (“Qualifying Territory”) who are 18 years of age or the minimum age of majority in their state of residence (whichever is older) at the time of enrollment.  Employees of Intesigma, members of our Pro Deal or other VIP programs are not eligible to participate.  Void where prohibited by law. 

2.2 “Eligible Products” means those products sold on the Sites and specifically designed by Sigma Grill on the Sites as being eligible for the Program, which products Sigma Grill may add to or remove from eligibility from time-to-time in its discretion, except to the extent a product constitutes an Ineligible Product.   

2.3 “Ineligible Product” means those products that Intesigma cannot or does not sell or ship to the Member or the Member’s address due to Federal or local laws, shipping restrictions, or any other reason in Intesigma’s sole discretion.  

2.4 “Qualifying Purchases” means purchases of Eligible Products from the Sites in the Qualifying Territory meeting the terms of the Program, except to the extent the purchase constitutes Non-Qualifying Purchases. 

2.5 “Non-Qualifying Purchases” means: (i) sales and use taxes; (ii) service fees; (iii) donations to charitable organizations; (iv) commercial account purchases, including, without limitation, any purchase made with a corporate credit card, unless specifically approved in writing by Intesigma; (v) purchases of gift cards and e-gift cards; (vi) any redemption of Points for some part or all of the purchase price; (vii) shipping and delivery charges; (viii) purchases from third-party vendors on Intesigma-branded and Intesigma-sponsored websites if to complete a purchase the customer is redirected to the vendor’s designated website (other than a participating Intesigma-branded or Intesigma-sponsored website); (ix) the portion of any purchase price which is eliminated due to a coupon, rebate or other discount, (x) purchases made from outside the Qualifying Territory, (xi) purchases made with gift cards and e-gift cards, (xii) purchases made before enrolling in the Program or before the product is designated an Eligible Product, and (xiii) any other items, fees, or purchases which Intesigma, from time to time in its sole discretion, may elect or be required to exclude based on any applicable laws or regulations or for any other reason. 

  1. Enrolling in the Program

3.1 Members must enroll in the Program by creating an account on one of the Sites, supplying the required information and electing to participate in the Program (“Account”).   

3.2 Registration may require you to provide your first name, last name, phone, email address, password, country (required in order to receive all eligible rewards), and marketing preferences, and you may also elect to provide other information, including your birthday. 

3.3 If you change your account country to one that is outside the United States, your Member account will be deactivated. Once deactivated, you will no longer be able to accumulate points or receive or redeem Rewards under your Member account. 

3.4 Limit: one (1) Account per person. The person who is the holder of the Program membership associated with the email address used to register for the Program will be deemed the Member for that Account 

  1. Earning Points

4.1 Reward Points may only be accumulated by making Qualifying Purchases after logging into your Member Account. 

4.2 Members earn rewards Points at the rate of one (1) Reward Point for every $1.00 of Qualifying Purchase amount from the Sites (“Reward Point”).  If your Qualifying Purchase amount is not a multiple of the applicable Reward Point, your Qualifying Purchase value will be rounded down to the nearest $1.00.  Reward Points have no cash value. 

4.3 POINTS ARE NOT EARNED ON PROGRAM-ELIGIBLE PURCHASES MADE PRIOR TO YOUR ENROLLMENT DATE OR PRIOR TO THE START DATE OF ANY ADDITIONAL REWARD POINT OFFER OR PROMOTION OR IF YOU ARE NOT LOGGED INTO YOUR ACCOUNT. POINTS ARE ALLOCATED TO YOUR ACCOUNT ONCE YOUR ENTIRE ORDER HAS SHIPPED. 

4.4 Reward Points will not appear instantly in your Account. They will be allocated once the shipping confirmation email is sent which may be up to 48 hours or more after purchase. Rewards Points earned for a purchase will be visible during checkout and on the order confirmation page and email. They will not be visible in your account until the order has shipped and you receive the shipping confirmation email. You may review your Reward Point balance in your Account on the Site (or such other site as designated by Sigma Grill from time to time).  You do not acquire property rights in any Rewards Points regardless of whether they have appeared in your Account. 

4.5 In order to accumulate Rewards Points, qualifying purchases must be paid with a valid debit or credit card, or with a valid Sigma Grill issued gift card; purchases using other currency or promotional offers do not accumulate points. Qualifying purchases must total at least $1.00 (excluding sales tax and subject to the other exclusions set forth in the next paragraph) in order to accumulate points. 

4.6 Some exclusions apply. Cannot earn points on redeemed items, shipping or tax. Rewards Points may also be earned for participating in marketing promotions or activities. 

4.7 If you void a qualifying purchase credited toward accumulation of points, your Rewards Points associated with that purchase will be deducted from your account. Rewards Points earned for online purchases will be awarded and reflected in the Member’s total balance once the order has shipped and you receive the shipping confirmation email. Those points will not be available to redeem until the item(s) have shipped. 

  1. Modifications, Cancellation, and Account Termination 

7.1 Sigma Grill reserves the right to shorten, extend, modify, suspend, or cancel the Program, at its discretion, at any time.  Sigma Grill also reserves the right to modify any of the Terms and Conditions set forth herein at any time, even though these changes may affect your ability to accrue or use your Rewards Points.  Modifications may include, but are not limited to, the methods by which you can earn Rewards Points, the amount of Rewards Points earned for each action, the number of Rewards Points that may be redeemed through the Program, the nature and value of the Redemption Items, and any of the options made available to you with respect to your Account. 

7.2 Sigma Grill reserves the right to terminate the Program at any time, for any reason, with due or without notice, even though termination may affect your ability to accrue or use your Rewards Points.  Sigma Grill reserves the right to close your Account at its sole discretion.  In the event of termination of the Program or closing of an account, you will have at least thirty (30) days from the date Program termination is announced or your Account is closed to redeem your Rewards Points.  Upon Program cancellation, notwithstanding your ability to redeem Rewards Points within the time allowed, the right to use the Program and accrue future points ends immediately. 

7.3 Any changes Sigma Grill makes will be effective immediately on notice, which it may give either by posting to the Rewards Site or via electronic mail.  Your continued participation in the Program constitutes your acceptance of any changes to these Terms and Conditions. You are responsible for remaining knowledgeable as to any changes that Sigma Grill may make to these Terms and Conditions.   

  1. General Terms and Conditions

8.1 The Privacy Policy will apply to this Program and to all information that we receive from your registration in the Program.  Please read the Privacy Policy on the Site before registering for the Program. Please note that by accepting the Terms and Conditions you are also accepting the terms of the Privacy Policy.  

8.2 By participating in the Program, Sigma Grill shall have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, biographical information and/or statements, throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes.  If Sigma Grill makes use of any of the foregoing rights, you understand and agree that you will not receive any other consideration, or payment, notification or credit, nor will you have any approval over how the foregoing rights are used. 

8.3 Sigma Grill reserves the right to discontinue your participation privileges if you engage in any fraudulent activity or use the Program in a manner inconsistent with these Terms and Conditions or any federal, municipal, provincial, state or local, laws, statutes, or ordinances.  Discontinued participation privileges may result in the loss of all accumulated Rewards Points.  In addition to discontinuance of participation privileges, Sigma Grill shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. 

8.4 Members may opt out of the Program by logging into their Member account on the applicable website and clicking “Cancel My Rewards Account” located on the Account Overview page or by calling Sigma Grill at the customer service number listed on the applicable brand website.  Opting-out of the Program will result in the loss of all accumulated Rewards Points.  Any User who opts out, then re-registers for the Program will be treated as a new user to the Program.  Accumulated Rewards Points and Rewards are not transferrable. 

8.5 The Program is provided to individuals only. Corporations, associations, organizations, dealers, distributors, retailers, buy groups, resellers, ranges or other groups (“Group”) may not participate in the Program.  It is fraudulent for any individual or Group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating points for combined use. 

8.6 Rewards Points do not constitute your property and may be revoked at any time by Sigma Grill as set forth herein.  Rewards Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.  Rewards Points earned in the Program are not valid in, and may not be used in combination with, any other program offered by Sigma Grill or third parties. 

8.7 Sigma Grill is not responsible for any incorrect or inaccurate information supplied by you while participating in the Program. 

8.8 All questions or disputes regarding eligibility for the Program, earning or redemption of Rewards Points, or your compliance with these Terms and Conditions will be resolved by Sigma Grill in its sole discretion. 

  1. Special Offers 

9.1 In addition to Rewards Points, Sigma Grill may from time to time in its sole discretion make available to participants the ability to earn additional Rewards Points through special offers or other promotions, or to earn bonus ponts or other program benefits. The Terms applicable to any such Rewards Points, offers, promotions, or benefits will be determined by Sigma Grill in its sole discretion and communicated to participants in conjunction with any such offers. 

  1. Limitation of Liability

10.1 Sigma Grill is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by you, for any human error, for any interruption, downtime, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Site, or for any other technical or non-technical error or malfunction. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INTESIGMA, AS WELL AS OUR PARENTS, SUBSIDIARIES, AFFILIATES OR SERVICE PROVIDERS, AND EACH OF THEIR AGENCIES, SUPPLIERS AND OTHER COMPANIES INVOLVED IN THE DEVELOPMENT OR EXECUTION OF THE PROGRAM (“RELEASEES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OR ITEMS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF SIGMA GRILL IMPROPERLY DENIES YOU ANY REWARDS POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF REWARDS POINTS.  BY PARTICIPATING IN THE PROGRAM, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.  TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE REDEMPTION ITEMS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. You agree to rely solely on the manufacturer’s warranties, if any, for any Redemption Items redeemed through this Program. 

10.2 As a condition of participating in this Program, You agree that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any Redemption Items obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Minneapolis, MN; (2) any and all claims, judgments and awards shall be limited to amounts covering direct damages within the limitations of liability described above and out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to seek recovery for, and you hereby waives all rights to claim, punitive, incidental and consequential damages and any damages other than direct damages and/or actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased. 

10.3 All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or your or Intesigma’s rights and obligations in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Minnesota, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Minnesota. 

10.4 These Terms and Conditions constitute the entire agreement between Program participants and Sigma Grill pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations, and discussions, whether oral or written.  No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. 

10.5 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect. 

10.6 Nothing in these Terms and Conditions shall be deemed to exclude or restrict any of your statutory rights as a consumer.