Effective as of: March 7, 2019
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND NO CLASS ACTIONS” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND SIZZLE PIE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
1. Definitions: The following definitions apply:
“Employees” means persons that are deemed to be employees of Sizzle Pie or its subsidiaries and affiliates as determined by applicable law and that are acting or using the Services in their capacity as an employee, and does not include Third Party Providers.
“Third Party Providers” are independent contractors and/or service providers that we may hire or use to develop, maintain, provide and/or sponsor the Services or that may provide other products or services to us.
“Services” refers to each of the interfaces, portals, platforms, applications, and programs, including a consumer web-site [sizzlepie.com], online ordering platform through your desktop computer or mobile device, an online ordering mobile app, and the Pizza Party Points loyalty program.
“Claims” means all claims, disputes, or controversies arising out of or relating to access or use of the Services, these Terms or the breach thereof, or the scope or validity of these Terms, including the validity and scope of any arbitration obligations under these Terms.
2. Our Relationship to Third Party Providers: Sizzle Pie and Third Party Providers are each responsible for their own products, services, policies, employee relations or dealings or interactions with you or each other. This includes pricing, food quality or delivery services.
3. Not Intended for Children Under 13:The Services and any content, features, products, or services offered through the Services are not intended for children under the age of 13. You must be at least thirteen (13) years of age to register for or use the Services, unless the Services you are using state that they require you to be at least 18 years of age to register for or use such Services.
5. Profiles, Screen Names, Passwords, and Security: In order to use or access the Services or certain parts or features of them, you may be required to or have the option of creating a user account or profile and/or registering as a member by providing your name, a user name, email address, password and other information we may require (“User Account”). As part of the creation or registration of a User Account, you will be able or may be required to create an account or member profile with an associated email address and other information and preferences you provide us.
6. You agree:
that you will only create a User Account or register as a member with your true, valid email address and other contact information including mobile phone numbers, and any other information and preferences you provide us will be true;
to let us know of any changes to such information by updating your User Account;
not to use anyone else’s User Account, membership information, user name, email address or mobile phone number to access the interactive features of the Services;
to safeguard your login information, including your User Account or member name and password, and to take full responsibility for all activity on your account, including any orders placed using your login information or member account whether or not placed by you; and
to notify us immediately if you find out that someone else is using your email address, phone number, user name, or password without your permission at firstname.lastname@example.org.
that you are least eighteen (18) years of age. If you are under eighteen (18) but at least thirteen (13) years of age, you must present these Terms to your parent or legal guardian and such person must check the box below to enter into these Terms on your behalf.
If you are a parent or guardian registering for a User Account for the benefit of your child, please be aware that you are fully responsible for your child’s use and conduct when using the Services, including all financial charges and legal liability that your child may incur. If you do not agree to or cannot comply with any of the Terms, do not attempt to access the Services.
If you are under the age of thirteen (13), you are not allowed to register for a User Account or have a parent or legal guardian register for you. If you are under the age of thirteen (13), please do not use the Services. You may not create a User Account or otherwise post, share, or provide any information, content, or materials to the Services. If you are the parent of a child under the age of thirteen (13), please do not permit your child to use the Services, create a User Account, or otherwise post, share, or provide any information to the Services.
We do not guarantee that any information you provide us will not be intercepted by a third party during transmission over any public networks or otherwise. You bear the risk of communicating with us electronically and you agree that we are not responsible for any resulting loss or damage. We are not responsible for any losses arising out of the unauthorized use of your User Account, username or password.
7. Additional or Different Terms: Sometimes a Service or portion of a Services may have additional terms and conditions or other rules that differ from this Terms. We will spell those out to you within this Terms or make those available for your review with that particular Services as appropriate. If any of those additional or different terms, conditions or rules apply, they will become part of this Terms. If there is a conflict between this Terms and terms and conditions or other rules posted for a Services or portion of a Services, the latter terms and conditions or other rules apply to your use of that particular Services or portion of that particular Services.
8. Amending, Modifying or Altering the Terms: We reserve the right, in our sole and unfettered discretion, to amend, modify, alter or otherwise update this Terms at any time. We will notify you when a change has been made, and by clicking “I agree”, you accept the modification. If you do not agree to the amendment, modification, alter or update then please stop using the Services. Any changes will be effective after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
In our sole and unfettered discretion at any time and with or without notice, we may offer incentives or promotion programs, shorten or extend the duration of any incentive or promotion program, and/or terminate or modify any incentive or promotion program.
9. Access and Use of the Services: We, as appropriate, grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services in accordance with these Terms. You agree to use the Services in compliance with the internal procedures and guidelines of any company or organization you represent.
You acknowledge and agree that your access to and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services, or other actions that we, in our sole discretion, may elect to take.
You acknowledge and agree that we cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY, OR FAILURE TO STORE ANY DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS.
You acknowledge and agree that nothing in this Terms constitutes an undertaking by us to provide the Services in its present forms or under any current specifications or requirements, or with the current user interface, or to continue to use existing communications facilities. We may in our sole and unfettered discretion, from time to time make additions to, deletions from, or modifications to the Services, specifications, requirements, user interface, and/or communications facilities.
10. Prohibited Uses: If you access or use the Services, you may not:
place orders or purchase products that that are not intended to be legitimate orders or purchases;
for the purpose accessing, viewing or redeeming any incentive or promotion program provided or sponsored by us or any Third Party Provider in a manner that is illegal, fraudulent or contrary to any rules or regulations established for such incentive or promotion program;
reverse engineer, disassemble, decompile, derive code or materials from, or capture any source, scripts, layouts, design, metadata, or other information accessible through the Services (including, without limitation, data packets transmitted to and from the Services), or analyze, decipher, “sniff,” derive code or materials from any packet stream to or from the Services, or attempt any of the foregoing and you expressly waive any legal rights you may have to do any of the foregoing, including any claim that such activities constitute “fair use” or are for “interoperability purposes” under the Digital Millennium Copyright Act;
infringe upon our rights or the rights of others (including, without limitation, intellectual property rights, rights of privacy such as unauthorized disclosure of a person’s name or email or physical address or phone number, and rights of publicity);
violate any laws or regulations, including without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”);
conduct or solicit illegal or other activity that in any way harms us or any Third Party Provider;
use any robot, spider, scraper, or other automated or manual means to access the Services, copy the Content, or republish any information that you obtain from the Services, including but not limited to the names, addresses and contact information for any restaurant or food service provider that appears here, or any menus or related content;
attempt to gain unauthorized access to any portion of the Services or any related networks or systems by hacking, password “mining,” or any other illegitimate means;
probe, scan, test the vulnerability of or breach the authentication measures of the Services or any related networks or systems;
modify or reroute or attempt to modify or reroute the Services;
link to the Services from any unsolicited bulk messages or unsolicited commercial messages;
utilize framing, squeeze back, overlay or other techniques to enclose or display the Services or the Content, with any other software or content of a third party; or
take any action that places a disproportionately large load on the Services or any related networks or systems.
Except for Employees, we and/or a Third Party Provider reserve the right, but not the obligation, to investigate and take appropriate legal action against anyone who we and/or a Third Party Provider believes is violating these Terms, including, without limitation, removing any offending materials, suspending or terminating the access of such violators, or suspending or terminating the right to use the Services.
11. Materials Submitted, Posted, Viewed or Shared Using the Services: We do not endorse, control, or assume any responsibility or liability for any content or materials you or others submit, post, viewed or shared on or through the Services or social media controlled by Sizzle Pie, including any information about restaurants, menus, photos, graphics, ideas, images, creative works, and text.
If you choose to send us your ideas or feedback, including those for new or improved products or technologies, product enhancements, processes, marketing plans, or product names, through the Services or otherwise, you agree that your ideas automatically become our property, without any compensation to you, and we can use, sell, offer, or otherwise dispose of them at our sole discretion. You also represent and warrant that such ideas or feedback are your original ideas and that you have all the rights necessary for you to grant us rights to them, as described below.
By providing any content to the Services or social media controlled by Sizzle Pie:
you agree to grant us and any Third Party Providers (if applicable) a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently including publishing any endorsement or review posted by you;
you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the us the license specified in this Paragraph 11; and
you acknowledge and agree that we will have the right (but not obligation), at our sole and absolute discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason or no reason, with or without notice; We retain the right, but not the obligation, to monitor the Content and other materials posted on the Services. We may, at our sole absolute discretion, remove or modify any Content or other materials posted to the Services at any time without notice.
Except as expressly provided herein, Sizzle Pie and the Third Party Providers reserve all rights with respect to the Services, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed a third party’s copyright.
12. DISCLAIMER OF WARRANTIES: WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO: 1) ANY MINIMUM LEVEL OF UPTIME FOR THE SERVICES; 2) THE OPERATION OF THE SERVICES OR ANY CONTENT, MATERIALS, FEATURES, AND PRODUCTS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THOUGH THE SERVICES OR ANY ASPECTS THEREOF; 3) THE RESULTS, PROFITS OR SAVINGS THAT YOU MAY ACHIEVE ON ACCOUNT OF USING ANY OF THE SERVICES; OR 4) THAT ANY PART OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, AND UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PARTY ON ACCOUNT OF ANY DOWNTIME WITHIN ANY OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OR MISUSE OF THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SERVICES AND FOR COMPLIANCE WITH ALL LAWS APPLICABLE TO SUCH USE.
13. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES, INJURY OR LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR ANY LINKED OR ASSOCIATED CONTENT, WEBSITE, LOCATION, OR SOURCE. WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STATUTE, OR TORT AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INJURY OR LOSS, THIS LIMITATION SHALL INCLUDE ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING DAMAGES, INJURY OR LOSS TO PERSON(S) OR PROPERTY THAT MAY RESULT FROM: 1) ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION; 2) DEFECT OR FAILURE OF A TRANSMISSION LINE; 3) ONE OF MORE COMPUTER VIRUS(ES) OR OTHER HARMFUL COMPONENT; 4) UNAUTHORIZED ACCESS TO, INTERCEPTION OR ALTERATION OF DATA OR INFORMATION; 5) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES; 6) THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THEIR CONTENT (OR ANY LINKED OR ASSOCIATED WEBSITE, LOCATION, OR SOURCE).
14. INDEMNITY AND RELEASE: EXCEPT FOR EMPLOYEES, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM YOUR USE OF THE SERVICES OR ANY LINKED OR ASSOCIATED WEBSITE, LOCATION, OR SOURCE, INCLUDING WITHOUT LIMITATION YOUR POSTING OF MATERIALS ON OR THROUGH THE SERVICES (INCLUDING ANY LISTINGS AND ADVERTISEMENTS), YOUR USE OF ANY OF THE TOOLS AND FEATURES AVAILABLE ON THE SERVICES, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS.
EXCEPT FOR EMPLOYEES, YOU HEREBY RELEASE AND DISCHARGE US FROM ANY AND ALL CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES RELATING TO OR ARISING FROM YOUR USE OF OR ACCESS TO THE SERVICES, WHETHER KNOWN OR UNKNOWN. THIS INDEMNIFICATION AGREEMENT IS INTENDED TO APPLY EVEN IF THE CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES ADDRESSED IN THIS PARAGRAPH RESULT FROM OUR OWN NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, STRICT LIABILITY, BREACH OF EXPRESS WARRANTY, BREACH OF IMPLIED WARRANTY, OR BREACH OF ANY OTHER COMMON LAW OR STATUTORY DUTY OR CAUSE OF ACTION. THIS PROVISION SHALL BE CONSTRUED FAIRLY AND REASONABLY AND NEITHER MORE STRONGLY FOR NOR MORE STRONGLY AGAINST YOU OR US.
BY AGREEING TO THESE TERMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
15. Contract Interpretation, Enforcement & Other Important Provisions:
Applicable Law and Venue: THESE TERMS ARE ENTERED AND PERFORMABLE IN MULTNOMAH COUNTY, OREGON, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OREGON WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES.
Venue and Jurisdiction: You expressly agree that exclusive jurisdiction for any claim or dispute with us relating to the Terms or the Services shall lie in the federal and state courts within Multnomah County, Oregon, USA (or the nearest federal or state courts). YOU SUBMIT TO THE PERSONAL JURISDICTION BY AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN MULTNOMAH COUNTY, OREGON, USA. YOU ALSO WAIVE ANY OBJECTIONS TO SUCH JURISDICTION OR VENUE.
Arbitration and No Class Actions: Claims pertaining to access or use of the Services or these Terms shall be submitted and settled by final and binding arbitration. Arbitration shall be governed by the rules of the American Arbitration Association pursuant to the Arbitration Guidelines governing arbitration and shall be conducted in Multnomah County, Portland, Oregon USA.
We and you waive, to the fullest extent permitted by law, the right to bring, or be a class member in, any class action suit relating to any Claim. Therefore, we and you agree that arbitration will be conducted on an individual, not a class-wide, basis, that only we (and our subsidiaries and affiliates and our and their respective owners, officers, directors, agents, and employees, as applicable) and you (and your affiliates and your and their respective owners, officers, and directors, as applicable) may be the parties to any arbitration proceeding described in this Paragraph 15. C, and that no such arbitration proceeding may be consolidated or joined with another arbitration proceeding involving us and/or any other person. Despite the foregoing or anything to the contrary in this Paragraph 15. C, if any court or arbitrator determines that all or any part of the preceding sentence is unenforceable with respect to a Claim that otherwise would be subject to arbitration under this Paragraph 15. C, then we and you agree that this Paragraph 15 C. will not apply to that Claim, and such Claim will be resolved in a judicial proceeding in accordance with the remainder of this Paragraph 15 (excluding this Paragraph 15 C.).
We and you shall be bound by the decision of the arbitrator and consent to the immediate entry of judgment upon such award in a court of competent jurisdiction.
Members may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Sizzle Pie. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. The Notice must be mailed to 3439 Ne Sandy Blvd. #279 Portland, OR 97232. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms, or any previous or future arbitration agreements that you have entered into with Sizzle Pie.
D. Statute of Limitations: Except for Employees, to the extent permitted by law, Claims must be brought within two years. The two-year period begins when the Claim first could be filed. If it is not filed, then that Claim is permanently barred. This applies to you and your successors. It also applies to us, Third Party Providers, and our respective successors.
E. Remedies. Except for Employees, if you are dissatisfied with any of the content or materials on the services, or any services or information available through them, your sole and exclusive remedy is to discontinue accessing and using services. Without limiting any other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to the services or block your future access to the services for any reason.
Any violation, or threatened violation, by you of these terms will cause us irreparable and unquantifiable harm and monetary damages would be inadequate for such harm. You consent to us seeking injunctive or equitable relief that we deem necessary or appropriate without the obligation to post any bond or surety. These remedies are in addition to any other remedies we may have at law or in equity.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND NO CLASS ACTIONS” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND SIZZLE PIE, AS WELL AS ANY OF ITS AFFILIATES, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
F. Exclusions And Limitations; Consumer Protection Notice. If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. In any event, Sizzle Pie reserves all rights, defenses and permissible limitations under the law of your State of residence.
G. Severability: All parts of these Terms apply to the maximum extent permitted by law. If we cannot enforce a part of these Terms as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions.
H. Entire Agreement: These Terms, accepted by you upon access to and/or use of the Services, and further affirmed by becoming a registered member or submitting content or materials to or through the Services, constitute the entire agreement between you and us regarding the use of the Services. You hereby represent and warrant that: (i) other than as expressed in these Terms, no statement, representation, promise, agreement, inducement, or warranty, whether written or oral, has been made by us to you regarding the subject matter of these Terms; and (ii) you are not relying upon any statement, representation, promise, agreement, inducement, or warranty by us which is not expressly set forth in these Terms as an inducement to the acceptance of these Terms or for any other purpose.
I. No Waiver: The failure of either party to assert any right under these Terms will not be a waiver of that party's right, and the said right will remain in full force and effect.
J. Assignment: We may assign our rights and obligations under these Terms without notification to you; in the event of an assignment, we will be relieved of any further obligation.
K. Contacting Us: If you have any questions or concerns about these Terms, please contact Sizzle Pie or the appropriate Third Party Provider. Alternatively, you may use the mailing addresses provided below and the appropriate party will attempt to respond to your questions or concerns promptly after they are received. This provision does not waive any right to service of process have under applicable law.
3439 NE Sandy Blvd #249
Portland, OR 97232