Pagliacci Website and Mobile Application Terms of Service
Pagliacci Pizza, Inc. (“Pagliacci”) welcomes You and We are excited to have You use Our website and/or our mobile application to access Our products and services.
These Terms of Service (“Terms”) are entered into by and between Us and You and describe Your rights and responsibilities when using Pagliacci’s website (http://www.pagliacci.com) (the “Website”) or the Pagliacci PizzaTM mobile application (the “App”) to browse or order food and beverages for pick-up or delivery (the “Services”).
Please read these Terms carefully and fully because they govern and control Your access to and use of the Website, the App, and Our Services.
If You disagree with any of these Terms, or do not want to agree to them, please do not access the Website, the App, or the Services. Your use of the Website or App will be deemed to be Your acceptance to these Terms.
We reserve the right, in Our sole and absolute discretion, to deny You (or any IP address or device, mobile or otherwise) access to the Website, the App, or Our Services, or any portion of the Services, without notice.
Again, if You do not agree to any of these Terms, please do not use the Website, the App, or Our Services. Your use of the Website or App will be deemed to be Your acceptance to these Terms.
PLEASE READ THE SECTIONS BELOW TITLED “ARBITRATION” AND “WAIVER OF CLASS ACTIONS AND LIMITATION OF LIABILITY” BECAUSE THEY CONTAIN A BINDING ARBITRATION AGREEMENT, LIMITATION OF LIABILITY, AND CLASS ACTION WAIVER AND AFFECT YOUR LEGAL RIGHTS.
Let’s Get the Legal Jargon Out of the Way
As You will see, “We” use a lot of defined words/terms in Our Terms, which We indicate by capitalizing the first letter of the word and putting the term into quotes the first time We use it. Just like We did above for “Terms” and “Website.” When We say “You” or “Your” or “Yours,” that means You. When We say the “We,” “Us,” or “Ours,” We are referring to Pagliacci.
Let’s Talk About What These Terms Mean to You
1. Legal Contract
These Terms are a legal contract between You and Pagliacci. By accessing or using the Website, the App, or the Services, You accept and agree to be legally bound by these Terms.
Pagliacci is under no obligation to accept any individual as a user, and may accept or reject any registration in its sole and absolute discretion.
2. Food Allergies
Although We list ingredients and nutritional information on the Website and the App related to the Services, if You or anyone else who will be consuming any item from an order has any food allergies or specific preparation requirements, You are strongly advised to contact us directly to address Your specific needs.
By using the Services, You agree that Pagliacci is not responsible for any statements or omissions concerning the products contained in Your order.
3. Website Usage and App Usage Guidelines
By using Our Website or Our App, You agree to not:
Use the Website, the App, or obtain the Services for any unlawful purpose, including any illegal, fraudulent or malevolent activity;
Use the Website or the App or obtain the Services to undertake or pursue any commercial activities, including, without limitation, using either to raise or solicit money, advertising or promotional endeavors, or to engage in any pyramid or other multi-tiered marketing schemes;
Access or use the Website or the App or obtain the Services to collect any market research;
Upload, post, e-mail, transmit, or otherwise distribute content or material that knowingly infringes another’s copyright, trademark, or other proprietary rights or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, promotes violence, or discloses personal information about someone else, including that person’s name, e-mail address, postal address, phone number, credit card information, or any similar information;
Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Use automated, AI or robotic means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data;
To create multiple accounts for Yourself to obtain the same promotion multiple times or for similar purposes; and
Interrupt or interfere with the Website, App, or Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof.
4. Payment Authorization
You agree that We can immediately authorize payment from Your credit card or other method of payment for Services You order through the Website or the App authenticated with Your password. Because of that, it is Your responsibility to keep Your password strictly confidential, since You will be responsible for all activities and charges authorized using Your Password. You will remain liable for any such charges and costs after termination of this Agreement.
Please contact Us directly if You have any questions about transactions or charges on Your credit card or other method of payment. Any refunds We may authorize are subject to Our refund policies.
5. Passwords and Accounts
When You create Your account on the Website or the App, You will be prompted to create a unique username and password. You are responsible for providing true, accurate, current, and complete information regarding Your username and password. Only one registered user can use a unique username and password. You are responsible for keeping Your username and password confidential and You must promptly notify Us if You need to deactivate or change Your username or password. We, however, reserve the right to delete or change Your username or password at any time and for any reason.
We will conclude that anyone at the delivery address who receives the delivery is authorized to do so. We will make reasonable efforts to deliver Your order promptly during inclement weather, but cannot guarantee delivery in such circumstances.
7. Intellectual Property
Our Website contains graphics, images, text, audiovisual works, and other material that We have created for the Website (collectively referred to as Our “Content”). We own Our Content and it is protected under both United States and foreign laws.
Your unauthorized use of Our Content may violate copyright, trademark, and other laws. Unless We grant them to You in writing, You have no rights in or to Our Content, and You may not use Our Content except as We authorize You to do so pursuant to this Agreement.
Without Our prior written authorization, You may not sell, transfer, assign, license, sublicense, or modify the Website, the App, or Our Content and You may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Website, the App, or Our Content in any way for any public or commercial purpose other than to access the Website, the App, or the Services.
You are expressly prohibited from using, posting or displaying Our Content on any other website, mobile application, or networked computer environment.
We may revoke Your access to and/or use of Our Content, the Website, the App, and/or the Services if You violate any of the Terms in this Agreement.
You must immediately destroy any copies of Our Content upon Our request.
While the Website or the App may contain, display or link to third-party content, which is readily identifiable as such and owned by said third-party, Pagliacci is the sole and exclusive owner of all registered and unregistered trademarks, service marks, and logos used in Our Content and displayed on the Website. By permitting You to use the Website, to access Our Content, or to obtain Our Services, We are not, by implication, estoppel, or otherwise, granting You any license or rights of use in Our Content or any third-party content other than the limited right to obtain the Services.
Pagliacci owns and retains all goodwill, trade secrets (as defined and protected by Washington State law), and moral rights associated with and arising from Our Content, all of which is protected under federal, state and foreign laws. You may not retransmit any of Our Content without Our prior written consent in each and every instance.
8. Pags (Reward Points)
As described on the Website or the App, You may be eligible to earn and use “Pags” so long as You are a United States resident. You may use accrued Pags towards Your purchase of Services. We retain the sole and absolute right, at any time and without notice, to regulate, modify and/or eliminate Pags and the Pags program without incurring any liability or ongoing obligations to You.
This section only applies to U.S. residents.
9. Your Communications to Us
While We enjoy hearing from You and encourage You to send Us Your thoughts, feedback, and suggestions, please DO NOT send Us any confidential, proprietary, licensed, trademarked or otherwise protected intellectual property or information, whether it is Yours or a third-party’s.
Please understand that We are free to use any suggestions, ideas, concepts, know-how, or techniques You send Us for any purpose whatsoever, including but not limited to, Our development, production, and marketing of the Website, the App, and/or Our Services.
10. Limitations and Restrictions
A. Parental Consent May be Required
You must be at least 13 years old and residing in the United States to access and use the Website, the App, and the Services. If You are under 18 but at least 13 years old, Your parent(s) or guardian(s) must review and approve these Terms before You can use the Website and the Services. By using the Website or the App, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the App.
B. Limitations on Alcohol Purchases
You cannot use the Website, the App, and Services to purchase alcohol unless You are at least 21 years old and can present a valid, properly issued government photo identification verifying your age at the time You pick up or receive delivery of Your order. We reserve the right to immediately deny You access to the Website, the App, and/or Our Services, without notice, if We determine, in Our sole and absolute discretion, that You have violated or attempted to violate this policy.
11. Indemnification and Hold Harmless
In the event You breach this Agreement or Your use the App, the Website or Our Services in violation of these Terms, You agree to defend, indemnify, and hold Us, Our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, suits, or demands, including, without limitation, reasonable attorneys’ fees We incur arising out of or related thereto.
We will provide You notice of any such claim, suit, or proceeding. We reserve the right to assist You, at Your expense, in defending any such claim, suit, or proceeding with counsel acceptable to Us. We may elect, in Our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification under this Agreement.
In all cases, You agree to cooperate with any reasonable request from Us to aid and assist in the defense of such matter or claims.
At any time, and in Our sole and absolute discretion and without any liability, We may restrict, suspend, or terminate this Agreement and Your access to and use of the Website, the App, and/or our Services. Further, We reserve the right to alter, amend, change, cancel, suspend or terminate any of the Services without prior notice or liability.
You hereby agree that any dispute arising under or relating to this Agreement, the Website, the App, or the Services (each, a “Dispute”) shall be resolved by binding arbitration. YOU AGREE NO DISPUTE SHALL BE LITIGATED IN A COURT AND EACH PARTY HEREBY WAIVES THEIR RIGHT TO A JURY TRIAL.
All Disputes shall be resolved before a neutral arbitrator, whose decision shall be final except for a limited right of appeal under applicable Washington State law. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, or by phone. Venue for all arbitrations shall be in Seattle, Washington. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
Either party may file suit in King County, Washington only to compel arbitration, to stay proceedings pending arbitration, or to enter judgment on the award entered by the arbitrator. In addition, We may bring an action for injunctive relief in any court of competent jurisdiction, without the requirement to post a bond in any amount.
14. Waiver of Class Actions and Limitation of Liability
By using the Website or the App, You AGREE TO WAIVE ANY RIGHTS TO PURSUE A CLASS ACTION AGAINST US AND INSTEAD MAY ONLY PURSUE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, to the greatest extent permitted by law, You shall not join any arbitration proceeding of any Dispute with any other arbitration proceeding. You agree that You have no right or authority to arbitrate any dispute on a class-action basis, no right to attempt to use a class-action to resolve a dispute, and no right to act in a purported representative capacity on behalf of the public or other persons related to or arising from any Dispute.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PAGLIACCI AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO YOU OR ANY OTHER PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00).
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Reliance on Information Posted
The information presented on or through the Website and the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or the App, or by anyone who may be informed of any of its contents.
The Website and the App may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Pagliacci, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Pagliacci. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
16. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that any information or data available for downloading from the Internet, the App, or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website and App for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE APP, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE, THE APP, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR APP, OR ON ANY WEBSITE OR APP LINKED TO THEM.
YOUR USE OF THE WEBSITE, THE APP, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE OR APP IS AT YOUR OWN RISK. THE WEBSITE, THE APP, THEIR CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE OR APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PAGLIACCI NOR ANY PERSON ASSOCIATED WITH PAGLIACCI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER PAGLIACCI NOR ANYONE ASSOCIATED WITH THE PAGLIACCI REPRESENTS OR WARRANTS THAT THE WEBSITE, THE APP, THEIR CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, THE APP, OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THE APP, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. App License Grant
To the extent that you use the App, Pagliacci grants you, subject to the terms of this Agreement, a limited, non-exclusive, and nontransferable license to download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the App's documentation. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Pagliacci and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
18. Changes to the Website or App
We may update the content on, or the functionality of, the Website and the App from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Website and the App may be out of date at any given time, and we are under no obligation to update such material.
19. Survival of Terms and Conditions
You agree that all terms and conditions of the Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply.
You agree that: (a) This Agreement shall be interpreted pursuant to the laws of the State of Washington without regard or application of any choice of law provisions; (b) No waiver of any of Our rights hereunder shall be effective unless it is in writing; (c) This Agreement constitutes the entire agreement between You and Us and supersedes and replaces any other such agreement; (d) The sections headings are for convenience only and have no legal import; and (e) This Agreement inures to the benefit of Our successors, assigns, licensees and sub-licensees, if any.