Mr. Gatti’s Pizza, LLC

TERMS OF USE

Effective January 22, 2020

By using our Website, you understand and expressly agree to be legally bound by these Terms of Use and to follow these Terms of Use and all applicable laws and regulations governing our Website. You should read these Terms of Use carefully prior to use of our Website. Should you disagree with any provision herein, please do not further use the site. Your further use of the site constitutes acceptance of all terms and conditions therein. From time to time, Mr. Gatti’s Pizza, LLC can and will modify, alter, change or otherwise update these Terms of Use. You agree to be bound when such changes are made.

There may be information on this Website that contains errors, inaccuracies, or omissions that might relate to descriptions, pricing, availability, or other various information covered on this Website. At our sole discretion, without notice to you, we reserve the right to make changes to correct those errors, inaccuracies, or omissions, and to make updates as needed at any time.

THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO THE INFORMATION ON THIS WEBSITE OR OUR MOBILE APPLICATION, OR SOFTWARE USED FOR EITHER. THIS INCLUDES, BUT IS NOT LIMITED TO, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INCLUDING NEGLIGENCE, UNDER NO CIRCUMSTANCE WILL MR. GATTI’S PIZZA, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE OR OUR MOBILE APPLICATION. FURTHER, MR. GATTI’S PIZZA, LLC IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND MR. GATTI’S PIZZA, LLC’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS OR SERVICES.

Trademarks and Copyright policy

Our Website contains many valuable trademarks owned and used by Mr. Gatti’s Pizza and its franchisees. The use of any of our trademarks without our express written consent is strictly prohibited.

We reserve the right to terminate the privileges of any user who uses our Website unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. The text, graphics and HTML code contained in our Website is the sole property of Mr. Gatti’s Pizza.

Modification or use of the materials of this Website without the express written consent of Mr. Gatti’s Pizza, LLC is a violation of copyright, trademark, and intellectual property laws, and any other proprietary rights covered therein.

If you are eligible to use this Website, your continued use is a privilege and not a right. We grant to you and you only a personal, non-transferable, limited privilege to use the Website. We strictly reserve all rights not granted to you by us in writing to the Website, content, and intellectual property.

Your representations

As the user of this Website, you represent and warrant that all information related to registration for products and services you provide is your information and only your information, and is true, accurate and current.

You represent and warranty you have the legal capacity to provide such information and to agree with and comply with these Terms of Use.

You represent and warranty that you are not under the Age of 13.

You represent and warranty that you are not a minor in the jurisdiction you reside, or if you are, you have appropriate parental permission to access this Website.

You represent and warranty that you will not use this Website for illegal purposes, and your use will not violate local, state, or federal laws and regulations.

We reserve the right to suspend or completely prevent the use of our Website to anyone found to provide false, misleading, or incomplete information, or who knowingly violates an above stated representation.

Your registrations

You may be required to register your personal information with this Website. Any information you provide is governed by these Terms of Use and our Privacy Policy [hyperlink]. You agree to keep any information specific to your registration, for instance username and password, confidential. You agree you are solely responsible for that information.

We reserve the right to remove your registration from our Website if we determine in our sole discretion that your information is (i) obscene, inappropriate or objectionable, or (ii) used to harass, intimidate, or threaten someone, or for the commission of illegal activities.

We will not, and cannot, be held liable for loss or damage incurred by you for your failure to comply with these provisions.

Prohibited Activities

Our Website is designed by us for a specific purpose and you are prohibited from using the Website for any other purpose than that which we designed it for.

Specifically, as a user of our Website you agree not to:

  • Retrieve, collect, compile, or retain data from this Website without our express, written consent
  • Use the Website for the collection of data used to solicit our users
  • Use the Website for your own personal commercial use
  • Disable or interfere security measures on the Website
  • Link to our website without our express, written consent
  • Trick, defraud, or mislead us or our users to gain private, confidential information
  • Use the Website through automated means including but not limited to bots, scripts or data mining
  • Interfere or disrupt Website connectivity
  • Use the information of the Website or the Website itself to compete with us
  • Access and disassemble Website software or code
  • Copy, modify or otherwise delete intellectual property on the Website
  • Upload or transmit viruses onto or through the Website
  • Use the Website to disparage, harm or otherwise tarnish, in our opinion, us and/or our Website
  • Use the Website in violation of applicable local, state, or federal laws and regulations

Contribution license

If you post any form of contribution to our Website, including but not limited to review, comments, communications, or orders, or link any contributions to our Website through your social media accounts, you automatically grant, with representation and warranty of your right to do so, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide right, and license to use, copy, reproduce, disclose, publish, broadcast, archive, store, retitle, cache, publicly display, format, reformat, translate, transmit, and distribute your contributions for any commercial, advertising, or other purpose. This may occur in anyone of our media formats through any media channels.

This license, grant and right applies to any current form of media or technology now known or developed after, and includes use of your name, UserID, company name, franchise name, image, picture, voice, and sound, and any intellectual property you provide therewith.

Notwithstanding the above, you retain all ownership rights in the Contributions you provide, and we retain no ownership rights of any kind or nature. You are solely responsible for your Contributions on our Website and agree to indemnify and exonerate us from any and all responsibility and to refrain from legal action against us for use of your Contributions.

We have ultimate right, control and discretion over the placement of your Contributions on our Website and the form in which the Contributions are made. We reserve the right in our sole discretion to edit, redact, re-categorize, pre-screen or delete Contributions any time for any reason.

Guidelines for reviews

If we provide you an opportunity on our Website to place a review or rating, you agree to the following stipulations regarding that review and rating. You must have firsthand experience and knowledge with the location/employee that is the subject of your review or rating. Your review or rating must not be offensive, harmful, abusive, or verbally explicit or profane. Your review or rating should not be discriminatory in nature and should not contain reference to race, gender, religion, origin, age, marital status, or disability. Your review and rating must not refer to illegal activity. Your review and rating must not be on behalf of competitors if negative. Your review or rating must not make conclusions as to the legality of actions or conduct. You may not post false or misleading statements, or organize a campaign encouraging others to post reviews or ratings, whether positive or negative.

At any time, for any reason, in our sole discretion, we may remove, reject or accept reviews or ratings you intend for our Website, without notice to you. We have no obligation to monitor your reviews or ratings, and accept not liability for your review, rating, or the claims made therein. Your reviews and ratings, even if positive, are not endorsed by us. By posting a review or rating, you automatically grant, with representation and warranty of your right to do so, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide right, and license to use, copy, reproduce, disclose, publish, broadcast, archive, store, retitle, cache, publicly display, format, reformat, translate, transmit, and distribute your review or rating for any commercial, advertising, or other purpose. This may occur in anyone of our media formats through any media channels.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such submissions, and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.

Governing Law

These Terms of Use and your use of our Website and mobile application are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to conflict of law principles.

You agree should federal court be a more appropriate venue and jurisdiction, the Northern District of Texas, Fort Worth Division, will be deemed the appropriate venue and jurisdiction.

Resolution of disputes

Any dispute you might have in relation to these Terms of Use must first be brought to the attention of our corporate staff at compliance@gattispizza.com. In your email, you must provide your direct contact information as well as a description of your claim. Our staff will then have 90 days to resolve your dispute. We both agree to negotiate a resolution in good faith; however, if you we cannot resolve your dispute within 90 days, then you must request binding arbitration. Any dispute not resolved within 90 days of submission, will be finally and exclusively resolved by binding arbitration.

Binding Arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at http://www.adr.org or by calling the AAA at 1-800-778-7879. AAA and the parties must comply with the following rules: (a) if either party requests an in-person hearing the process shall be governed by subsection (c) below, otherwise, the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall be conducted by an arbitrator in Tarrant County, Texas who is approved or otherwise affiliated with the AAA; (c) if either party requests an in-person hearing, (i) the arbitrator shall decide whether a hearing is necessary or whether the arbitration shall proceed as described in subsection (a) above, (ii) if the arbitrator deems that a hearing is necessary, the hearing shall occur at a mutually agreed upon location, or, if the parties are unable to agree on a location, at a location that is reasonably convenient to you and is selected by the arbitrator, and (iii) either party may elect to participate in an in-person hearing by phone, unless the arbitrator decides otherwise; (d) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; (e) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding; and (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Only a court and not the arbitrator can decide issues relating to the scope and enforceability of this “Resolution of Disputes” section. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MR. GATTI’S PIZZA, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.

All Claims you bring against us must be resolved in accordance with this “Resolution of Disputes” section. All Claims filed or brought contrary to this “Resolution of Disputes” section shall be considered improperly filed and void. Should you file a Claim contrary to this “Resolution of Disputes” section, we may recover attorneys’ fees and costs up to $1,000, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

Limitations of Liability

If your jurisdiction allows for the limitation or exclusion of liability for incidental or consequential damages, in use of Website or mobile application, in no event will Mr. Gatti’s Pizza, LLC have total liability for all damages, losses and causes of action exceeding ten dollars (US $10.00).

Indemnification

You agree to indemnify and hold Mr. Gatti’s Pizza, LLC, its parents, subsidiaries, officers, employees and Site contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees, related to your violation of these Terms of Use, or any violations thereof by your dependents or which arises from the use of submitted content.

Contact us

If you have any questions or concerns regarding our privacy policy, please contact us:

Mr. Gatti’s Pizza, LLC

550 Bailey Avenue, Suite 650

Fort Worth, Texas 76107

Phone Number: (817) 546-3500

Email: compliance@gattispizza.com