PLEASE NOTE: SECTION 23 CONTAINS A BINDING ARBITRATION CLAUSE, WAIVER OF THE RIGHT TO A TRIAL BY JURY AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ IT.
2. USE OF CONTENT ON THE SITE
3. FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS
4. TRADEMARKS AND COPYRIGHT
All trademarks, trade names, logo, slogan, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of Anthony’s Coal Fired Pizza. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without Anthony’s Coal Fired Pizza’s prior written permission, except as otherwise expressly described herein. This Site and all of its Content is protected as a compilation under the copyright laws of the United States and other countries. The use (except as explicitly permitted herein) or misuse of the trademarks, copyrights or any other intellectual property of Anthony’s Coal Fired Pizza is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes. Please be advised that Anthony’s Coal Fired Pizza aggressively enforces its intellectual property and other rights to the fullest extent of the law.
5. PRODUCT AVAILABILITY
Anthony’s Coal Fired Pizza prides itself in providing quality foods, service and products (individually and collectively, the “Product(s)”. Availability of Product(s) may vary on the Site. Some featured Product(s) may be available only in limited quantities or only while supplies last. Once a Product(s) is no longer available or out of stock, we may attempt to, respectively, remove the Product(s) promptly from display on the Site or list it as “out of stock,” “unavailable” or the like. Display of a Product(s) on the Site is not a guarantee that the Product(s) is currently available or in stock or that it will be available on our Site when you visit again. If you are unable to locate a particular Product(s) that caught your attention on a previous visit to our Site or if you have any questions concerning the availability of a particular Product(s), please contact us at email@example.com. Our Guest Services group will make every commercially reasonable effort to fulfill your requests whenever possible.
6. PRODUCT DISPLAY
We will make every reasonable effort to display Product(s) on the Site as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. We are not responsible for the display of any color, texture or detail of any Product(s) on your computer screen and cannot guarantee the accuracy thereof. However, if you are dissatisfied with any Product(s) you purchase from the Site, you may be allowed to return or exchange it subject to our applicable policies.
7. RETURN POLICY
Sales on this Site are subject to our Return Policy.
8. ORDERS, PROHIBITION ON RESELLING, AND PRICE
The Content on this Site does not constitute a binding offer to sell Product(s) described on the Site or to make such Product(s) available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any Product(s) from this Site for resale by you or any other person, and you may not resell any Product(s) purchased from this Site. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a Product(s) is listed at an incorrect price, we have the right to refuse or cancel orders placed for the Product(s) listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made or that we may have on file.
9. RISK OF LOSS
All Product(s) purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such Product(s) pass to you upon our delivery to the carrier.
10. PROMOTIONS, DISCOUNTS, AND VOUCHERS
We, from time to time, run promotions concurrently. Offers cannot be applied to previous purchases and cannot be redeemed for cash or combined with any other offer. To redeem, enter the code in the promo code box at checkout. Limit one promotional code per order. Offers valid in the U.S. only. Terms of offers are subject to change.
11. INTERNATIONAL VISITORS
We truly value your interest in our Site. However, please note that our Site can only ship to the U.S. at this time (Continental United States and Hawaii). We do, however, encourage our international visitors to stay tuned for updates on our shipping practices and other Site development.
12. YOUR ACCOUNT
When and if you use the Site, it shall be your sole responsibility to provide true, accurate, current and complete information about yourself and maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you may have created on the Site (the “Account”), and for restricting access to your computer(s) and devices. You also agree to accept sole responsibility for any and all activity that occurs under your Account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your e-mail address, password and any other account identifiers related to any personal account you created on the Site, you must notify Anthony’s Coal Fired Pizza immediately. We may assume that any communications we receive under your e-mail address, password and any other account identifiers related to any personal account you created on the Site have been made by you unless we receive timely notice otherwise.
13. YOUR CONTENT
You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Site, Content that you have the right and authority to Share and for which you have the right and authority to grant to Anthony’s Coal Fired Pizza all of the licenses and rights set forth herein. By Sharing Content, you grant Anthony’s Coal Fired Pizza an unrestricted, worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit, distribute, manufacture, have manufactured, sell and exploit the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into our products and/or services, and to display, market, sublicense, exploit, distribute and sell the Content as incorporated or embedded in any product or service distributed or offered by, for or on behalf of Anthony’s Coal Fired Pizza without compensation or attribution to you. You warrant that: (a) you have the right and authority to grant this license; (b) our exercise of the license and/or rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.
You agree that you will neither use the Site in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer, systems, network or data. We may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
You or third parties acting on your behalf may not: (i) use contact information provided on the Site for unauthorized purposes, including marketing; (ii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site; (iii) interrupt or attempt to interrupt the operation of the Site in any way; (iv) frame this Site or use Anthony’s Coal Fired Pizza’s proprietary marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without our duly authorized prior written consent; (v) use frames or utilize framing techniques or technology to enclose any content included on the Site; or (vi) utilize any Content in any meta tags or any other “hidden text” techniques or technologies.
We have no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, you consent that we reserve the right to review the Site and Content and to monitor all use of and activity on, to and from the Site, and to add, revise, update, remove or choose not to make available on or through the Site any Content in our sole discretion. We may remove Content that is confidential, sensitive or proprietary to a third party without that third party’s permission.
16. LINKS TO OTHER WEBSITES
When you access a Site other than our Site, please realize that it is independent of us. Linking to any off-site pages is at your own risk. We make no warranties or representations about any website other than our Site and have no responsibility or liability to you or anyone else for such websites or their content. In addition, certain third party websites may also provide links to our Site. None of such links should be deemed to imply that we endorse such third party websites or any content therein.
17. ACCURACY, COMPLETENESS AND TIMELINESS ON INFORMATION ON THIS SITE
We are not responsible if Content made available on this Site is not accurate, complete or current. The Content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the Content on this Site is at your own risk. We reserve the right to modify the contents of this Site at any time (including after you have submitted your order), but we have no obligation to update any Content on the Site. You agree that it is your sole responsibility to monitor changes to the Site.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY ACCESS, USE, QUALITY, SECURITY, STORAGE, INTEGRITY, LAWFULNESS, PERFORMANCE, RESULTS, ACCURACY AND EFFORT ARE WITH YOU. ANTHONY’S COAL FIRED PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, AND LACK OF NEGLIGENCE WITH RESPECT TO THE SITE AND ALL CONTENT AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SITE. ANTHONY’S COAL FIRED PIZZA MAKES NO WARRANTY THAT: (A) THE SITE AND ALL CONTENT AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND ALL CONTENT AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SITE WILL BE COMPLETE, ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, SERVICES, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY VOLUNTARY ACTIVITIES ANTHONY’S COAL FIRED PIZZA OR ANY OF ITS THIRD PARTY PROVIDERS MAY PERFORM FOR OR ON BEHALF OF YOU AT YOUR REQUEST AND WITHOUT ANY ADDITIONAL CHARGE ARE PROVIDED “AS IS” WITH ALL FAULTS.
20. LIMITATION OF LIABILITY
21. EXCLUSIONS AND LIMITATIONS
22. TERMINATION OF USE
We may, in our sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that we may, in our sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. Without limiting any of the foregoing, we may terminate or limit your access to or use of the Site if we determine, in its sole discretion, that you have infringed the rights of a third party. You agree that we shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content provided on or through the Site, including Content that you may have Shared. You understand, acknowledge and agree that you are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination and are fully responsible for all of our costs for collection, as incurred, of any such charges or other liabilities. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled, at law or in equity.
23. DISPUTE RESOLUTION – ARBITRATION, NO CLASS ACTIONS
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
The arbitration proceedings shall be conducted by a single arbitrator. In addition to any requirements imposed by law, the arbitrator shall be a retired state or federal court judge, or a licensed attorney with arbitration experience and at least ten years’ experience as a lawyer, and shall be subject to disqualification on the same grounds as would apply to a judge of a court in the relevant jurisdiction. The arbitrator shall follow controlling law and issue a decision in writing within 45 days of the arbitration hearing with a supporting opinion based on applicable law. The decision of the arbitrator (the “Decision”) shall be final, binding, and conclusive on the parties and may be entered in any court of competent jurisdiction; provided, however, that you and Anthony’s Coal Fired Pizza agree that the Decision may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”), which may be obtained at http://www.adr.org or by calling (800) 778‐7879. The Decision shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of the Decision, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. The single appellate arbitrator, who shall be chosen in the same manner described above, shall review the Decision applying the same standard(s) of review applicable in civil cases in the relevant jurisdiction and shall issue a reasoned award. The appellate arbitrator’s decision shall be final, binding and conclusive on the parties, and may be entered in any court of competent jurisdiction. At either party’s election, such decision and supporting opinion may be appealed to another arbitrator (“appellate arbitrator”), who shall be chosen in the same manner as described above. The appellate arbitrator shall apply to the underlying decision and opinion the same standard for review of civil cases as an appellate court in the relevant jurisdiction and issue a decision in writing with a supporting opinion based on such review and applicable law. The appellate arbitrator’s decision shall be final, binding and conclusive on the parties and may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS-WIDE, COLLECTIVE, MULTIPLE‐PARTY, OR PRIVATE ATTORNEY GENERAL BASIS. WE ALSO AGREE THAT ANY ARBITRATION PROCEEDING BETWEEN US MAY NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION BETWEEN ANTHONY’S COAL FIRED PIZZA AND ANY OTHER PERSON. YOU AND ANTHONY’S COAL FIRED PIZZA BOTH UNDERSTAND THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH ARE GIVING UP THEIR RIGHT TO TRIAL BY JURY OF ANY INDIVIDUAL, CLASS-WIDE, COLLECTIVE, MULTIPLE‐PARTY, PRIVATE ATTORNEY GENERAL, OR OTHER CLAIM EITHER MAY HAVE AGAINST THE OTHER, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Should any term or provision or portion of this arbitration agreement be declared void or unenforceable or deemed in contravention of law, it shall be severed and/or modified and the remainder of this agreement shall be enforceable; provided, however, that if the provision above prohibiting class-wide, collective action, consolidated, or other group arbitration is deemed invalid, then this entire arbitration provision shall be null and void and shall not apply to that dispute, which shall be resolved in a judicial proceeding in County of Broward, State of Florida.
24. APPLICABLE LAW AND JURISDICTION
25. PERSONS NOT OF AGE OF MAJORITY
Persons who are not of the age of majority are not eligible to use the Site or Share Content, and we ask that no information or Content in relation to such persons be submitted to us.
26. NOTICE TO YOU
YOU PROVIDE YOUR AFFIRMATIVE CONSENT THAT WE MAY NOTIFY YOU, AT OUR DISCRETION, BY EMAIL, POSTAL MAIL, POSTINGS WITHIN THE SITE, OR OTHER LEGALLY ACCEPTABLE MEANS.
27. INFRINGEMENT NOTICE
We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).
If you believe that your work has been infringed in connection with the Site, please provide written notification via regular mail or via fax (not via email or phone) to our Copyright Agent (contact information below) that contains ALL of the following elements:
1. A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
2. a description of the copyrighted work you claim has been infringed;
3. information reasonably sufficient to locate the material in question on the Site;
4. your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Anthony’s Coal Fired Pizza to contact you;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Before you file the notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney.
Copyright Agent. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Anthony’s Pizza Holding Company LLC
200 W Cypress Creek Rd # 220
Fort Lauderdale, Florida 33309-2175
Attn: Legal Department/Copyright Agent
By Fax: 954 917-2370
By Phone: 954-618-2000
The Copyright Agent will not remove Content from the Site in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit the notifications by fax or ordinary mail only and as further described by this section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that the infringement is occurring on the Site. All other inquiries directed to the Copyright Agent will not be responded to.
We are under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.
28. ENTIRE AGREEMENT AND ADMISSIBILITY
You acknowledge that the Entire Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and/or receipt of Content and services available at, via or through the Site.
Last updated: October 14, 2016
Copyright © 2016 Anthony’s Pizza Holding Company LLC. All rights reserved.