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Terms & Conditions
Effective Date: August 23, 2026 | Last Updated: August 23, 2026
These Terms & Conditions (“Terms”) govern your access to and use of www.smokeyandthebrisketsd.com (the “Site”) and any products, services, content, or communications offered by Smokey and the Brisket (a California business entity) (“Smokey and the Brisket,” “we,” “us,” or “our”) (collectively, the “Services”). Please read them carefully.
By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Services.
1. Eligibility & Acceptance
You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Services. By using the Services, you represent that you meet these requirements and that all information you provide is accurate and complete.
2. Changes to These Terms
We may modify these Terms at any time. Revised Terms become effective when posted, and we will update the “Last Updated” date above. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.
3. Permitted Use & Prohibited Conduct
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes in accordance with these Terms. You agree not to:
- Use the Services for any unlawful, fraudulent, or harmful purpose;
- Violate any applicable law, regulation, or third-party right;
- Copy, reproduce, scrape, harvest, or republish any part of the Services without authorization;
- Introduce viruses, malware, or other harmful code, or attempt to gain unauthorized access to our systems;
- Interfere with or disrupt the integrity, security, or performance of the Services;
- Use automated means (bots, crawlers) except as permitted by our robots.txt;
- Impersonate any person or entity or misrepresent your affiliation;
- Use the Services to transmit unsolicited or unauthorized advertising or spam.
4. Reservations, Deposits & Cancellations
Reservations made through the Site or a linked reservation platform are subject to availability and our reservation policy in effect at the time of booking. For private events, parties above a specified size, or holiday bookings, we may require a deposit or credit card hold to confirm your reservation. Deposits are non-refundable if you cancel or fail to appear (“no-show”) within the window stated at the time of booking; otherwise deposits will be applied to your final bill or refunded per the terms provided at booking. We reserve the right to cancel or modify a reservation due to unforeseen circumstances (e.g., private event bookings, weather, or emergency closure) and will make reasonable efforts to notify you in advance.
5. Online Ordering, Take-Out & Delivery
Orders placed through a third-party ordering or delivery platform linked from the Site are subject to that provider’s own terms, pricing, fees, and cancellation and refund policies, which apply in addition to these Terms. We are not responsible for delays, errors, or service issues caused by a third-party delivery provider. Menu availability may change without notice, and we may substitute or cancel an item that is unavailable.
6. Gift Cards
Gift cards sold by Smokey and the Brisket have no expiration date and carry no dormancy or inactivity fees, consistent with applicable state gift card law. Gift cards are not redeemable for cash except where required by law, are not reloadable unless stated otherwise, and are not replaceable if lost or stolen unless required by law. Balances can be checked using the method provided on the Site.
7. Age Requirements for Alcohol
If you order or are served alcoholic beverages at Smokey and the Brisket, you represent that you meet the legal drinking age in California. We reserve the right to refuse service to any guest who cannot provide valid proof of age or who appears intoxicated, consistent with applicable dram shop and alcohol-service laws.
8. Accounts & Registration
Some features may require an account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use. We reserve the right to suspend or terminate accounts that violate these Terms.
9. Products, Services, Pricing & Payment
Descriptions, pricing, and availability of products or services are subject to change without notice. We strive for accuracy but do not warrant that descriptions, pricing, or other content are error-free. We reserve the right to refuse or cancel any order, correct pricing errors, and limit quantities.
Menu items, pricing, and availability are subject to change without notice and may vary by location, season, or supply. A service charge or automatic gratuity may be applied to parties above a certain size or for private events, as disclosed at the time of booking.
10. Intellectual Property
The Services and all content, features, and functionality — including text, graphics, logos, images, designs, software, and trademarks — are owned by or licensed to Smokey and the Brisket and are protected by U.S. and international copyright, trademark, and other intellectual-property laws. Except for the limited license granted in these Terms, no rights are transferred to you. You may not use our name, logos, or trademarks without our prior written consent.
11. User Content & Submissions
If you submit reviews, comments, photos, or other content (“User Content”), you retain ownership but grant Smokey and the Brisket a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable license to use, reproduce, modify, display, and distribute that User Content in connection with the Services and our business. You represent that you own or control all rights to your User Content and that it does not violate these Terms or any third-party rights.
12. Third-Party Links & Services
The Services may contain links to or integrations with third-party websites, products, or services that we do not control — including online ordering, catering and event booking, delivery, mapping, review, and social media platforms. We provide these for convenience only and do not endorse and are not responsible for their content, policies, or practices.
13. Disclaimers of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, SMOKEY AND THE BRISKET DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
Menu descriptions and allergen information are provided for general guidance only. Our kitchen handles common allergens, and we cannot guarantee that any item is free from cross-contact. If you have a food allergy or dietary restriction, please tell a manager before ordering.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SMOKEY AND THE BRISKET OR ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES. OUR TOTAL CUMULATIVE LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
15. Indemnification
You agree to indemnify, defend, and hold harmless Smokey and the Brisket and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your User Content, or your violation of these Terms or any law or third-party right.
16. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 17, you agree that any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to personal jurisdiction and venue there.
17. Arbitration & Class-Action Waiver
Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, rather than in court, except that either party may bring a claim in small-claims court. You and Smokey and the Brisket agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You may opt out of this arbitration agreement by notifying us in writing within 30 days of first accepting these Terms.
18. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive (including IP, disclaimers, limitation of liability, indemnification, and dispute resolution) will continue to apply.
19. Miscellaneous
- Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full effect.
- No Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
- Assignment. You may not assign these Terms without our consent; we may assign them freely.
- Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
- Headings. Section headings are for convenience only and have no legal effect.
20. Contact Us
Smokey and the Brisket
5465 Lake Murray Blvd, La Mesa, CA 91942
Phone: 619-439-6544
Legal: managers@smokeyandthebrisketsd.com
General inquiries: managers@smokeyandthebrisketsd.com
Website: www.smokeyandthebrisketsd.com