Traeger through its websites (the “Site”) and applications (the “App”) offers customers various outdoor cooking products and services (collectively the “Services”). These Terms and Conditions (“T&Cs”) are made by and between Traeger Pellet Grills, LLC, a Delaware limited liability company (“Traeger”, “Company”) and any person, entity, representative, or agent who uses or accesses the Services (“User”). Use of the Services is conditional upon User’s full compliance with these T&Cs; all applicable laws, rules, and regulations; and any supplemental terms referenced herein or which Traeger may present User with for review and acceptance.

USER ACCOUNT; PRIVACY POLICY.

To use the Services, User may be required to create an account and password. To create an account, User must be at least 18 years old and must provide Traeger with truthful and accurate information during the account creation process. User acknowledges and agrees that Traeger may collect, use, and disclose User’s information, including personal information, pursuant to the company’s Privacy Policy, as updated from time to time.

USERS’ RESPONSIBILITIES AND OBLIGATIONS.

User is solely responsible for obtaining, maintaining, and keeping secure any equipment and ancillary services necessary to connect to, access, or otherwise utilize the Services, including but not limited to internet access, networking equipment, hardware, software, and operating systems. This includes ensuring that User’s router firmware and software and mobile device software are fully up-to-date. The Services may not be used in any manner that is in any way unlawful, fraudulent or illegal. Any use of spyware, trojan horse, worm or virus of that nature is forbidden. Any automated data harvesting or unsolicited commercial transmissions in relation to the Site or App is strictly prohibited. User agrees not to attempt to interfere with the Services’ network or security features or to gain unauthorized access to Traeger’s systems

SMS/MMS MESSAGES

Following User’s express written consent, Traeger may send User autodialed Short Message Service (“SMS”) or Multimedia Messaging Service (“MMS”) messages to notify User of special offers, recipes, events, and other marketing information. By subscribing, User agrees to receive marketing messages to the telephone number used at the time of opt-in. Opting into SMS/MMS messages is not required as a condition of purchasing any goods or services. Message and data rates may apply. User may text “STOP” at any time to 48760 to opt out of future SMS or MMS messages from Traeger or text “HELP” for more information.

ORDER FULFILLMENT.

When User places an order, Traeger may pre-authorize User’s credit or debit card in the amount of User’s order. All billing and registration information User provides must be accurate, complete and correct. By confirming the purchase at the end of the checkout process, User agrees to accept and pay for all charges incurred via the applicable payment method for all items, products and/or services User purchased, including sales taxes. Traeger is not responsible for failure to fulfill orders for any reason and reserves the right, in its sole discretion, to decline any order or limit order quantities to reasonable amounts; prohibit purchases by retailers, distributors, or resellers; discontinue or refuse to offer any product or service; impose conditions on any discount, coupon or promotion; bar any user from completing a transaction; discontinue selling any product or service at any time without notice; and cancel or place holds on orders suspected to be fraudulent. In the event of a pricing or other error, inaccuracy or omission on the Site or App, Traeger reserves the right to revoke offers, cancel orders, and correct all such errors or omissions without notice, including after an order has been placed.

GIFT CARD TERMS & CONDITIONS.

Gift cards can only be redeemed at www.traeger.com. Gift card codes must be entered at checkout to be applied. Gift cards cannot be redeemed for cash or credit unless required by law and cannot be combined with other offers or applied to previous purchases. Traeger is not responsible for any lost or stolen gift cards. Resale of Traeger gift cards is strictly prohibited. Gift card terms and conditions are subject to change at any time without notice.

USER CONTENT.

The Services may allow Users to provide content, including ratings, reviews, comments, images, videos, recipes, or any other type of media (“User Content”). By making such User Content available through the Services, User acknowledges that the User Content is not confidential or proprietary and grants Traeger a perpetual non-exclusive, transferable, irrevocable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, sell and/or distribute User Content in connection with operating and providing the Services. User will not submit User Content that may cause injury to any person or entity; is false or misleading; infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights; violates anyone’s rights to privacy or publicity; violates any law or regulation; includes content or links to content that could be considered defamatory, libelous, knowingly false, fraudulent, indecent, violent, obscene, profane, hateful, racially or religiously biased, threatening, or harassing; or is inconsistent with the safe and proper use of any Traeger product or service. User represents and warrants that User owns all User Content or User has all rights that are necessary to grant Traeger such license rights to the User Content. If User provides Traeger with any ideas, proposals, suggestions or other materials in the User Content relating to the Services or any other Traeger products or services, Traeger may use the feedback in any manner for any purpose without restriction or compensation to User. Traeger retains sole discretion to remove any User Content for any reason.

RIGHT TO MONITOR USERS.

Although Traeger is not obligated to monitor access to or use of the Services, or Content nor to review or edit any User Content, Traeger has the right to do so for the purposes of operating the Services, ensuring compliance with these T&Cs, and complying with applicable laws or other legal requirements. Traeger reserves the right, but is not obligated, to remove or disable access to any User Content, at any time and without notice, for any reason, including, but not limited to, if Traeger, at the company’s sole discretion, considers any User Content to be objectionable or in violation of these T&Cs.

INTELLECTUAL PROPERTY.

The information and materials posted, generated, provided, or otherwise made available through the Services by Traeger, other than User Content, is the property of Traeger and its licensors (“Traeger Content”) and is protected by copyright, trademark, and other intellectual property laws. User Content and Traeger Content shall be collectively referred to herein as “Content.” Traeger and its licensors exclusively own all worldwide right, title, and interest in and to the Traeger Content, and also in and to the Services, including all associated intellectual property rights (“Traeger IP”). User may use the Traeger Content for non-commercial, personal use only, provided User also retains the copyright or other proprietary notices (such as watermarks) contained on the Traeger Content. User may not distribute, modify, transmit, reuse, report or use the Traeger Content for public or commercial purposes without Traeger’s written permission. Traeger is not responsible for the republishing of any Content without written permission.

THIRD PARTY SERVICES & EXTERNAL LINKS.

The Site and App may allow User to access or interact with third party apps, websites, materials, products or services (the “Third-Party Services”). Traeger does not control, endorse, and is not responsible for these Third-Party Services, including their accuracy, integrity, quality, legality, usefulness or safety. User understands and agrees that use of the Third-Party Services is at User’s own risk and subject to any terms, conditions and policies applicable to such Third-Party Services.

CHANGES AND UPDATES TO THE SERVICES.

Because the Services are evolving over time, Traeger may change or discontinue all or any part of the Services, including but not limited to product connectivity, smart home, and wi-fi enabled features (collectively “WiFIRE Features”) at any time and without notice, at Traeger’s sole discretion and without any liability. All WiFIRE Features are subject to change, and may be modified or removed at any time. User agrees to promptly install any updates and use the most up-to-date version of software available for the Services. If User does not use updated software, or if User has an operating system or mobile device that does not support the most up-to-date software, User acknowledges that the Services or certain Service functions may be unavailable or may not function correctly.

TERMINATION.

Traeger reserves the right to immediately suspend, restrict, or terminate User’s account or access to the Services for any reason at any time including but not limited to User’s violation of these T&Cs. Upon termination of any Services, User’s right to access and use such terminated Services will automatically terminate.

WARRANTY DISCLAIMERS.

THE SERVICES AND TRAEGER CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND MADE BY TRAEGER. USER’S USE OF THE SERVICES AND TRAEGER CONTENT IS AT USER’S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAEGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, AND NON-INFRINGEMENT. FURTHERMORE, TRAEGER MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR QUALITY OF ANY INFORMATION OR TRAEGER CONTENT IN OR LINKED TO THE SERVICES. TRAEGER CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF USER CONTENT AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO USER CONTENT.

INDEMNITY.

User will indemnify and hold harmless Traeger and its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, service providers, and licensors (the “Indemnified Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, costs, judgements, penalties, fines, and expenses (including, without limitation, reasonable legal and accounting fees) (collectively, the “Claims”), arising out of or in any way connected with (i) User’s access to or use of the Services or Content; (ii) User Content; (iii) User’s violation or alleged violation of these T&Cs; (iv) User’s violation or alleged violation of any third party right; (v) User’s violation or alleged violation of any applicable law, rule, or regulation; (vi) User’s negligence, fraudulent activity, or willful misconduct; (vii) the Company’s or any other Indemnified Party’s use of or reliance on information or data furnished by User in providing the Services, or otherwise in connection with these T&Cs; (viii) actions or activities that Traeger or any other Indemnified Party undertakes in connection with the Services or these T&Cs at the direct request or instruction of anyone reasonably believed to be User (each such action or activity, a “Requested Action”); (ix) the Company’s or any other Indemnified Party’s use of or reliance on information or data resulting from such Requested Actions; or (x) User’s failure to properly follow Traeger instructions with respect to the Services.

LIMITATION OF LIABILITY

IN NO EVENT WILL TRAEGER, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, OR CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TRAEGER HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.

CLASS ACTION WAIVER.

USER WAIVES ANY RIGHT TO ASSERT ANY CLAIMS AGAINST TRAEGER AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT USER IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST TRAEGER, USER AGREES THAT USER SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION.

CHANGES TO THE T&CS.

Traeger may modify the T&Cs at any time and at the Company’s sole discretion. If Traeger makes a material change to these T&Cs, Traeger will notify User through a notice on Traeger’s webpage or login portal. User’s continued use of the Services after such modifications will constitute User’s acknowledgment of the modified T&Cs and User’s agreement to be bound by its terms. Changes to the T&Cs are effective when they are posted on this page.

GOVERNING LAW; WAIVER OF JURY TRIAL.

These T&Cs shall be interpreted and construed in accordance with the laws of the State of Utah, without regard to the conflicts of laws principles thereof. USER HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT USER MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE T&CS OR THE SERVICES CONTEMPLATED HEREUNDER. The parties agree that for any matter requiring judicial intervention jurisdiction and venue will be the state and federal courts of Salt Lake County, Utah.

GENERAL.

These T&Cs constitutes the entire agreement between Traeger and User regarding the Services, and Content and replaces all prior understandings, communications, and agreements, oral or written, regarding this subject matter. These T&Cs may be modified only by a written amendment signed by the parties or as otherwise provided in Section 16. If any part of these T&Cs is deemed to be unenforceable or invalid, that section will be removed without affecting the remainder of the T&Cs and the remaining terms will be valid and enforceable. Any notices or other communications provided by Traeger pursuant to these T&Cs will be given via email and/or by posting to the Site or App. Traeger’s failure to enforce any right or provision of these T&Cs will not be considered a waiver of such right or provision.

CONTACT.

Questions about these T&Cs may be sent to Traeger at legal@traeger.com.