Effective as of November 19, 2018
1. ACKNOWLEDGEMENT AND ACCEPTANCE.
d. The Services are controlled and offered by Site Operator from its facilities in the United States of America. Site Operator makes no representations that any of the Sites or Services are appropriate or available for use in other jurisdictions. If you are a non-U.S. resident and you access any of the Sites or Services, you do so at your own risk and are responsible for compliance with local laws and regulations. You may not access, download, use or export any Site or Content (as defined below) or any Services in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
2. LICENSE GRANT AND SITE CONTENT.
c. The Content, the Sites and the Services are protected by copyright and other United States and foreign intellectual property and related laws. The Content provided by Site Operator may include both material owned or controlled by Site Operator and material owned or controlled by third parties and licensed to Site Operator. As between you and Site Operator, title to all Content, the Sites and the Services remains with Site Operator. Using, copying or storing any Content, Site or Service other than for noncommercial, personal use is expressly prohibited without prior written permission from Site Operator or the applicable copyright holder. All rights not expressly granted herein are reserved by Site Operator.
3. RESTRICTED AREAS.
5. USER CONDUCT.
You agree that when using any Site or Service, you will act in a manner consistent with the goals of such Site or Service, and by way of example, and not as a limitation, you specifically agree that you will not:
a. intentionally or unintentionally violate any applicable local, state, national or international laws or regulations;
b. use any spider, robot or other automated device or automated or manual process to copy, monitor, or keep a database copy of the Content or any portion of the applicable Site or Service
c. use such Site or Service to create any fraudulent or false inquiry or account;
e. access or use such Site or Service in any way that, in Site Operator’s sole discretion, adversely affects the function or performance thereof or any other networks or computer systems used by Site Operator or any other Users, or infringes on Site Operator’s or any third party’s rights of privacy or publicity or any proprietary rights;
f. transmit or upload to any Site, or use in connection with such Service, any software, device or routine that contains viruses, worms, time bombs, Trojan horses or other computer programming routines that may interfere with or attempt to interfere with, damage or in any way intercept the normal operation of such Site or Service, or take any action that imposes an unreasonable load on the computing platform related thereto;
g. post information on or download information from a Site or Service unless you have all rights and authority necessary to do so;
h. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material available through the use of such Site or Service;
i. attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, Site Operator’s servers or software, or any areas of a Site not intended for your access;
j. post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by Site Operator for such purposes
k. harvest, mine or otherwise collect or store personal information about other Users, including, without limitation, e-mail addresses and the content of User profiles; or
l. attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.
6. COPYRIGHT NOTIFICATION.
Site Operator does not permit copyright infringing activities and other infringement of intellectual property rights on any of its Sites, and Site Operator will remove Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content in any area of a Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Site Operator’s designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
b. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d. information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and an electronic mail address;
e. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact Site Operator’s designated Copyright Agent at [email protected] to send notifications of claimed infringement. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
D’Angelo, D’Angelo Grilled Sandwiches, Papa Gino’s, Papa Gino’s Pizzeria, the Sites’ logos, and other product and service names of Site Operator are trademarks of Site Operator (collectively, the “Marks”). You agree not to display, reproduce or otherwise use in any manner the Marks without Site Operator’s prior written permission.
9. CONFIDENTIAL INFORMATION.
10. DISCLAIMER OF WARRANTIES.
a. THE USE OF ANY OF THE SITES OR SERVICES IS AT THE USER’S SOLE RISK. EACH OF THE SITES AND SERVICES IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. SITE OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR RELIABILITY OF THE CONTENT, THE AVAILABILITY OF THE SITES OR ANY SERVICES AT ANY PARTICULAR TIME OR LOCATION, THE CORRECTION OF ANY DEFECTS OR ERRORS IN THE SITES OR THE SERVICES, OR THAT CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SITE OPERATOR MAKES NO WARRANTY THAT ANY OF THE SITES OR THE SERVICES WILL MEET THE USER’S REQUIREMENTS OR THAT USE OF SUCH SITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES SITE OPERATOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE THEREOF.
b. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SITE OR SERVICE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM SITE OPERATOR OR THROUGH ANY OF THE SITES OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USERS.
11. LIMITATION OF LIABILITY.
a. UNDER NO CIRCUMSTANCES SHALL SITE OPERATOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS), OR ANY OTHER DAMAGES OF ANY KIND, RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR THE INABILITY TO USE ANY OF THE SITES OR SERVICES, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE USER’S DATA, OR FAILURE TO STORE THE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF SITE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.
13. USER FEEDBACK.
Site Operator is pleased to hear from Users and welcomes your comments regarding the Sites and the Services. If you send Site Operator your feedback, ideas and materials (collectively, “Feedback”), please understand that by submitting such Feedback to Site Operator, you irrevocably assign to Site Operator, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. Site Operator will be entitled to use such Feedback for any purpose whatsoever without restriction and without compensating you in any way, and by submitting Feedback, you represent to Site Operator that you have the right to do so.
14. MODIFICATION, WAIVERS, INTEGRATION.
16. ASSIGNMENT, SEVERABILITY AND THIRD PARTIES.
17. GOVERNING LAW AND JURISDICTION.
We may suspend or terminate your account or use of the Sites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice.
20. CONTACTING US
If you have any questions about the Terms and Conditions, please call us at 781-467-1600, e-mail us at [email protected] or write to us at the following address:
600 Providence Highway
Dedham, MA 02026
1. SMS offers are only accessible on smartphone devices and we may change the SMS opt-in offer without notice. If you have opted in to receive text messages we do not charge you for the text message. Standard messaging and data rates will apply to each text message received as provided for in the wireless plan with your carrier. If you have entered your mobile # and your zip code and clicked “REGISTER” on our website then you have agreed to receive up periodic autodialed ads and other marketing messages per month from us on your mobile #. We do not require you to agree to receive text messages as a condition of making any purchase. If you need help with text messages text HELP to 40518. Currently, AT&T, Verizon Wireless, Sprint, Virgin, T-Mobile, US Cellular, Cricket (Leap), MetroPCS, C Spire, Carolina West Wireless (CWW), CellCom, and Bandwidth are participating carriers but these may change without notice. SMS may not be delivered to you if your phone is not in the range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within coverage, factors beyond the control of the participating carriers Verizon and T-Mobile/MetroPCS may interfere with messages delivery for which the carrier is not responsible. T-Mobile/Metro PCS does not guarantee that SMS will be delivered. If you wish to opt out of receiving text messages from us text STOP to 40518 or call (844) 788-7525. If you opt out, you will receive 1 final text message confirming your decision to unsubscribe.
2. Several of our D’Angelo restaurants are owned and operated by franchisees. These terms do not apply to any of our franchisees’ text marketing programs that are not using short code 40518. If you are receiving text messages from a D’Angelo franchisee on a different short code, you will need to opt out from them directly. Each franchisee is solely and independently responsible for its legal and regulatory compliance.