Terms & Conditions

These Terms and Conditions (the "Terms") govern your use of 212theboilingpointsd.com (the "Site"), operated by 212 The Boiling Point ("212 The Boiling Point," "we," "us," or "our"). By accessing or using the Site, making a reservation or order, or otherwise contacting us through the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site.

About 212 The Boiling Point

212 The Boiling Point is a bar, grill, and smokehouse in Brandon, South Dakota, serving lunch, dinner, and drinks with a full menu, daily specials, and online ordering. The Site provides information about what we offer and lets you view our menu, place an order, or contact us.

Eligibility

You must be at least 18 years old, or the age of majority where you live, to use the Site, submit a form, or enter into an agreement with us. You must be 21 or older to purchase or consume alcoholic beverages at 212 The Boiling Point, and valid government-issued identification is required. We reserve the right to refuse alcohol service to anyone.

Use of the Site

We grant you a limited, non-exclusive, revocable license to access and use the Site for personal, non-commercial purposes. You agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms.
• Copy, scrape, harvest, or republish content or data from the Site without our written permission.
• Attempt to gain unauthorized access to the Site, its servers, or any connected systems.
• Interfere with the operation of the Site, including by introducing malicious code or excessive automated requests.
• Submit false, misleading, or fraudulent information, or impersonate another person.
• Use our forms, phone numbers, or email addresses to send unsolicited marketing.

Reservations, Orders, and Catering

Reservation and catering requests submitted through the Site are requests until we confirm them. Menu items, prices, hours, and specials shown on the Site may change without notice and may differ from what is available on a given day. Online orders are processed through Toast, and that platform's terms apply to the order and payment. Please tell us about food allergies before ordering; we cannot guarantee that any item is free of allergens.

Content and Accuracy

We try to keep the content on the Site accurate and current, but it is provided for general information and may contain errors or become outdated. Nothing on the Site is professional advice for your specific situation. Photographs and illustrations are representative, and actual products, spaces, and results may vary. Reviews and testimonials reflect individual experiences and are not a guarantee of results.

Intellectual Property

All content on the Site, including text, graphics, logos, photographs, video, design, and code, is owned by or licensed to 212 The Boiling Point and is protected by copyright, trademark, and other intellectual property laws. You may view and print pages for your personal, non-commercial use. Any other reproduction, distribution, modification, or creation of derivative works requires our prior written permission.

Your Submissions

Information, photos, and messages you submit through the Site must be accurate and yours to share. By submitting them, you grant us a non-exclusive, royalty-free license to use them to respond to you, provide our services, and keep business records. We display reviews and testimonials only with permission and may edit them for length. Do not submit confidential or sensitive information that we have not asked for.

Third-Party Services and Links

The Site may link to or integrate with third-party services such as maps, social media, scheduling, ordering, payment, and review platforms. We do not control these services and are not responsible for their content, availability, or practices. Your use of them is at your own risk and subject to their own terms and privacy policies.

Disclaimer of Warranties

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. This disclaimer applies to the Site itself and does not limit any warranty stated in a written service agreement, product warranty, or that cannot be disclaimed under applicable law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, 212 THE BOILING POINT AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, including liability arising under a separate written service or purchase agreement.

Indemnification

You agree to indemnify and hold harmless 212 The Boiling Point and its owners, employees, and agents from any claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of your misuse of the Site, your violation of these Terms, or your violation of any law or the rights of a third party.

Governing Law and Disputes

These Terms are governed by the laws of the State of South Dakota, without regard to its conflict-of-law rules. Before filing a claim, you agree to contact us by calling (605) 582-3531 so we can try to resolve the matter informally within 30 days. Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in Minnehaha County, South Dakota, and you consent to the personal jurisdiction of those courts. Either party may bring an eligible claim in small claims court instead.

General Terms

If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. These Terms, together with our Privacy Policy and any written agreement you sign with us, are the entire agreement between you and us regarding the Site; a signed written agreement controls if it conflicts with these Terms. You may not assign these Terms without our consent. Headings are for convenience only.

Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of the page shows when they last changed. Your continued use of the Site after a change means you accept the updated Terms.

Contact Us

Questions about these Terms can be sent to: