i. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
ii. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
iii. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
iv. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
i. The Site and Services are a third-party marketplace for you to view, discuss, and place orders for food and beverages, and pick-up and/or delivery services in connection therewith, with participating restaurants (the “Restaurants”). MyPizza is a means of order placement services only. MyPizza does not sell and is not a merchant of food or beverages, or any pickup or delivery services in connection therewith, and does not sell or control the Restaurants or the production of any food or beverages, or any pick-up or delivery services therewith, produced at or provided by the Restaurants. Further, MyPizza is not a party to any transaction between you and the Restaurants from which you order.
ii. The Restaurants have entered into agreements with MyPizza that require them to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. MyPizza, including the Site and the Services, does not in any way independently verify the credentials or representations of any of the Restaurants, the ingredients or the quality of any their products or services, or any Restaurant’s compliance with applicable laws.
iii. You are responsible for reviewing the information provided by the Restaurants on the Site and contacting the Restaurants directly for any questions on the reliability and quality of the Restaurants and the Restaurants’ compliance with applicable laws. MyPizza, including the Site and the Services, does not in any way guaranty the quality of any Restaurant or any food or beverage, or any pickup-up or delivery service in connection therewith, or any compliance thereof with applicable laws.
iv. In addition, a Restaurant may represent certain standards with respect to their food preparation (or other services) such as “organic,” “kosher,” “macrobiotic” or allergen-specific standards such as “nut-free,” “gluten-free,” or “lactose-free”; MyPizza does not investigate or verify any such representations. Please instruct the Restaurant of food allergy concerns in the special comment boxes or in the final comment box before sending your order. Although this information is transmitted to the Restaurant exactly as it appears on the Services, MyPizza DOES NOT GUARANTEE THAT YOUR ORDER WILL BE PREPARED AS REQUESTED. If you have food-related allergies and you are concerned about the preparation of the order, we suggest you contact the Restaurant directly after submitting your order. MyPizza shall not be liable or responsible for any food or beverages, or any other services, offered by the Restaurants or any errors or misrepresentations made by them (including on the Site and through the Services).
v. Certain Restaurants may utilize DoorDash to make delivery of your orders. Ordering from these Restaurants may subject you to DoorDash’s terms and conditions, including the privacy policies. Further, by using such third-party delivery providers you may be consenting to receive mobile communications and text messages from such providers. Please review the DoorDash terms and conditions for more information about their rights to send you such mobile communications. We do take your satisfaction very seriously and, in addition to contacting the applicable Restaurant directly, we ask that you notify MyPizza of all complaints or concerns that you might have regarding the Restaurants.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
You may not use the Services to purchase alcohol products unless you and the intended recipient of the products meet the minimum age requirements under applicable state or provincial laws and present a valid photo identification verifying your age at the time you (or the intended recipient) pick(s) up or receive(s) delivery of your order. Restaurant, not MyPizza, is responsible for complying with all applicable laws concerning the sale and delivery of alcohol products. All sales of alcohol products are between you and the Restaurant, and MyPizza is not a party to any such transaction. You may not elect contactless delivery for any orders containing alcohol.
Use of Services may require that you register and/or create an account ("Account") or use the Services as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. If you provide any information that is untrue, inaccurate, not current or incomplete, or MyPizza has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyPizza has the right to refuse registration of any individual, or to cancel any individual’s registration and prohibit all future use of the Services, for any reason at MyPizza’s sole and exclusive discretion. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You agree to ensure that you exit from your Account at the end of each session. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. MyPizza will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with the foregoing or for any acts or omissions by you or someone else using your Account and/or password.
i. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
ii. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by you (collectively “User Content”), whether publicly posted or privately transmitted, is solely your responsibility. You represent and warrant to MyPizza that (i) all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, (ii) you own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder, and (iii) our use of your User Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
iii. Reviews. The Services may allow you to post reviews of restaurants and other businesses ("Reviews"). Such Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, the rules of conduct set forth below. Reviews are not endorsed by MyPizza, and do not represent the views of MyPizza or of any affiliate or partner of MyPizza. MyPizza does not assume liability for Reviews or for any claims, liabilities or losses resulting from any Reviews. All Reviews must comply with the following criteria: (1) before posting a Review, you must have had first-hand experience with the restaurant; (2) you may not have a proprietary or other affiliation with either the Restaurant or any of its competitors; (3) you may not draw any legal conclusions regarding the Restaurants’ products, services or conduct; and (4) your Review must otherwise comply with the terms of this Agreement. Any Review that MyPizza determines, in its sole discretion, could diminish the integrity of the Reviews and/or the Services may be removed or excluded by MyPizza without notice.
iv. Notices and Restrictions. This Site, in its entirety, is the sole property of MyPizza or its content suppliers and the Services may contain Content provided by us, our partners or our users that is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
v. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
vi. License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services, in all cases without consideration or attribution to you. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. You further grant MyPizza a royalty-free, non-exclusive, perpetual license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the name, image, and likeness of any person identifiable in any Review you post to the Services. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
vii. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
i. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
ii. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy (https://slicelife.com/pages/copyright-policy));
ii. you know is false, misleading, untruthful or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
vi. impersonates any person or entity, including any of our employees or representatives; or
vii. includes anyone’s identification documents or sensitive financial information.
iii. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies. iv. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. v. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
The Services may permit you to link to other websites, services or resources (collectively, “Third Party Services”) on or over the Internet, and Third Party Services may contain links to the Services. When you access Third Party Services, you do so at your own risk. Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and the Third Party Services or their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third Party Service. The MyPizza site may not be linked to any other site without prior consent of MyPizza.
If you are accessing the Services on a device provided by Apple, Inc. (“Apple”) or otherwise obtained access to the Services through the Apple App Store, the following terms shall apply:
i. Both you and we acknowledge that these Terms of Service are concluded between you and us only, and not with Apple, and that Apple is not responsible for, does not endorse, and is not involved in the Services or Content;
ii. The Services are licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as applicable;
iii. You will only use the Services in connection with an Apple device that you own or control;
iv. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;
v. In the event of any failure of the Services to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Services;
vi. You acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to our Services;
vii. You acknowledge and agree that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
viii. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
ix. Both you and we acknowledge and agree that, in your use of the Services, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
x. Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof.
i. Paid Services. Certain of our Services may be subject to payments now or in the future, including when you place delivery orders for food and beverages (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement. The final charges for your order may be different than those stated on the Services. MyPizza does not assume any responsibility or liability for prices quoted on MyPizza Restaurant web page(s), or the actions, products, and content of any third parties related to the creation or delivery of your order. You agree to pay all fees and charges incurred in connection with the Paid Services (including any applicable taxes) at the rates in effect when the charges were incurred. We may require additional verification or information before accepting any order.
ii. Billing. When you chose to use a credit card for your payment, we use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Payments are also subject to our Payment Processor’s terms which can be found here.
iii. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. If you select to use cash as a method payment, you agree to provide the Restaurant payment in the form of U.S. Dollars upon receipt of your order.
iv. Current Information Required. If you select to use a credit card as your payment method, prior to the purchase of any Services, you must provide the third party payment processor with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your card. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT WWW.SLICELIFE.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE. If Restaurant does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MyPizza or its agents. The final charges on your credit card may be different than those stated on the Services. By using MyPizza you acknowledge that your credit card information (as stated above) will be transmitted to the Restaurant via facsimile or another electronic transmission to process your order.
v. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
vi. Free Trials. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at [email protected]
vii. Promotions and Gift Cards. Slice may, in its sole discretion, offer promotional codes or other gift cards from time to time (“Slice Promos”) that may be redeemed for discounts on future orders through the Services. The following terms shall apply to Slice Promos: (i) Slice Promos must be used in a lawful manner; (ii) Slice Promos may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Slice, except that Users may post their unique referral link to their own personal social media pages; (iii) Slice Promos may be disabled by Slice at any time for any reason without liability to Slice; (iv) Slice Promos may only be used pursuant to the specific terms that Slice establishes for such Slice Promos; (v) Slice Promos are not redeemable for cash; (vi) Slice Promos cannot be combined with cash; (vii) Slice Promos are redeemable only with online payments; (viii) lost, stolen or damaged Slice Promos may be replaced only with valid proof of purchase and to the extent the remaining Slice Promo balance appears in Slice records; (ix) Slice Promos are not a credit or debit card; (x) there are no expiration dates and no fees for purchased Slice Promos; (xi) expiration dates or other terms may apply to Slice Promos not purchased directly by a consumer; (xii) Slice is not responsible for any lost or stolen Slice Promos or use without your permission; and (xiii) there are no implied warranties for Slice Promos. Invalid or unidentifiable Slice Promos will not be redeemed. To check the available balance on a Slice Promo, call 888-974-9928 or visit your Account profile. Slice reserves the right to correct the Slice Promo balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Slice Promos if we suspect fraud, unlawful activity or improper Slice Promo use. Slice Promos terms and conditions are subject to change without notice. You also understand that Slice Promos must be used within the time period specified if not purchased Slice Promos, and therefore Slice Promos may expire prior to your use.
ii. Qualified Referral Discounts. A Qualified Referral may also receive a discount towards their first order (“Qualified Referral Discount”). The Qualified Referral Discount must be used by Qualified Referral when placing their first order from their Account and on no other order. Qualified Referral Discounts are valid for one-time use. If Qualified Referral does not use the Qualified Referral Discount within thirty (30) days of receipt of a referral invitation to set up an Account on the Services, the Qualified Referral Discount will expire. Qualified Referral Discounts will also automatically expire if your Account is terminated for any reason. Qualified Referral Discounts may only be applied to minimum orders on the Services as set forth by individual Restaurants and are otherwise subject to any individual Restaurant requirements. Qualified Referral Discounts are (i) non-transferrable between user Accounts; (ii) are not redeemable as cash; (iii) may not be used to pay any past due balance; and (iv) cannot be combined with Slice Promos or other promotional codes. Slice reserves the right to change any aspect of the referral program at any time, including, without limitation, the redemption value of any Qualified Referral Discounts that have not already been issued. We reserve the right to suspend your right to receive Qualified Referral Discounts or to not issue you Qualified Referral Discounts if you have violated any of these Terms.
ix. Return Policy. If any food or delivery issues arise after you submit your order, please contact the Restaurant directly for the fastest service. All purchases are final unless an issue arises which is confirmed with a MyPizza Restaurant, or otherwise determined by MyPizza, at its sole discretion. If you require further assistance please contact us within 24 hours of the order date. No cash refunds will be issued by MyPizza.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. Notwithstanding the foregoing, if you: (i) are a Restaurant, (ii) are not in violation of these Terms of Service, and (iii) have used the Services in conjunction with Third Party Services, we will allow you a reasonable period of time, not to exceed 30 days, to export your data to those Third Party Services. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
i. We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding:
i. which users gain access to the Services; ii. what Content you access via the Services; or iii. how you may interpret or use the Content.
ii. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
iii. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. MYPIZZA.COM RESERVES THE RIGHT TO LIMIT PURCHASE AND PURCHASE QUANTITY. IN THE EVENT OF ANY SITE ERROR, CUSTOMERS WILL BE LIMITED TO A SINGLE UNIT PURCHASE. PRICING ON THIS SITE MAY BE SUBJECT TO CHANGE WITHOUT EXPRESS WRITTEN NOTICE.
iv. MyPizza further disclaims any and all liability for the acts, omissions, conduct of any third-party users, MyPizza users, advertisers, and/or sponsors related to the Services. MyPizza is not responsible for the products, services, actions, or failure to act of any third party in the connection with the Services. Without limiting the foregoing, you may contact us regarding the misconduct of users and/or third-party advertisers, service, and/or product providers referenced on, or included in the Services, to MyPizza. MyPizza may investigate the claim and take appropriate action, at its sole discretion.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service (including, without limitation, the purchase, attempt to purchase, receipt, or consumption of alcohol while underage), gross negligence, fraud, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity, including your use of the Services to provide a link to another website or to upload content or other information to the Services. Without limiting the generality of the foregoing, your indemnity obligations hereunder extend to your or a third party’s personal injury, illness, or death resulting from the consumption of any food or beverages ordered through the Services, including as a result of allergies, and any violation by you or any third party of applicable law in connection with orders you have placed through the Services including, without limitation, alcohol purchase and consumption laws and regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00. SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS i. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. THEN IN EFFECT, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT'S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitration shall be conducted in the English language. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.
ii. 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 14, you must notify us in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). Your written notification must be mailed to us at the following address: 902 Broadway, 19th Floor, New York, NY 10010. If you do not notify us in accordance with this Section 14(b), you agree to be bound by the arbitration and class-action waiver provisions of these Terms, including such provisions in any Terms revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your mailing address and (iv) a statement that you do not wish to resolve disputes with us through arbitration. If we make any changes to the Arbitration and Class Action Waiver section of these Terms (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by sending us written notice within 30 days of the change to the address set forth in this Section 14(b). It is not necessary to send us a rejection of a future change to the Arbitration and Class Action Waiver section of these Terms if you had properly opted out of the arbitration and class-action waiver provisions in this Section 14 within the first 30 days after you first accepted these Terms. If you have not properly opted out of the arbitration and class-action waiver provisions in this Section 14, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject. This notification affects these Terms only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and us.
iii. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
If there is a dispute between users of the Services, or between users and any third party (including any Restaurant), you understand and agree that MyPizza is under no obligation to become involved. In the event that you have any such dispute between users and any third party (including any Restaurant), you hereby release MyPizza (including the Site and the Services), its directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Notwithstanding the arbitration provisions herein, we may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property, pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, County of Richmond for purposes of any such action by us.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at [email protected] You acknowledge and agree that all Feedback will be the sole and exclusive property of us and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
By registering or placing an order with us, you are consenting to receive E-mails from us or the Restaurant regarding your order. Additionally, by registering or placing an order with us, you are consenting to receive commercial E-mail from us. If you do not wish to receive commercial E-mail from us, you may remove your name from the E-mail list by contacting us. SMS. By registering or placing an order with us, you are consenting to receive SMS messages from us or on behalf of the Restaurant regarding your order. Additionally, by registering or placing an order with us, you are consenting to receive transactional and commercial SMS messages from us. If you do not wish to receive SMS messages, you can unsubscribe at any time. To unsubscribe, respond ‘STOP’ to the received text. Standard data and message rates may apply for text message alerts. Please contact your mobile phone carrier for details. If you require assistance, you can call our customer support team at 888-974-9928 or by email at [email protected]
Our mobile application operates on an application linked to a particular mobile device and operating system. Upon downloading our mobile application, you will have the option to opt in to receive push notifications from us on your mobile device. Such notifications may include promotional communications, offers, and transactional messages pushed to your device or within the app. You may choose to turn off such push and in-app notifications by changing your settings on your mobile device or through the settings in the mobile application.
i. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
ii. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
iii. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
iv. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
v. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected]
vi. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
vii. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
902 Broadway, 19th Floor New York, NY 10010
May 4, 2020.