PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. This website (we'll call it the "Site") at jimmyospizza.com & jimmyospizzeria.com is fully controlled and operated by Stewart-Mac Inc. (we'll call ourselves "we," "us" or "Jimmy O’s"). By accessing and using this Site, you agree to be legally bound by these terms and conditions of use we have established. If you do not agree with all of the following terms and conditions, please do not use this Site or any of its interactive features.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
Age and Residency Restrictions upon use of the Site The Site is intended for use exclusively by residents of the United States of America. Certain activities may have age and/or residency restrictions. Persons who live outside the U.S. may not participate in Site activities and have no rights or claims with respect to use of the Site.
Should registration be required to participate in any Site activity, and if you elect, with parental consent as appropriate, to register to participate in such activity, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the site's registration and/or activity form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it current and accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Jimmy O’s has reasonable grounds to suspect that such is the case, Jimmy O’s has the right to suspend or terminate your use of the Site and refuse any and all current or future use of the Site (or any portion thereof) to you. Furthermore, should any registration require you to select a log-in name and/or password, you will be solely and exclusively liable and responsible for all actions taken under that log-in name and/or password, whether those actions are taken by you or a third party using that log-in name and/or password. It is your sole and exclusive responsibility to maintain the confidentiality of your log-in name and/or password.
Restrictions On Use Of Materials
All materials contained in the Site (we'll call it "Site Content") are the copyrighted property of Jimmy O’s. All trademarks, service marks, trade names, and trade dress are proprietary to Jimmy O’s. No Site Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Site Content on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Site Content, (iii) you do not use the Site Content in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of the Site Content to a database that can be used to avoid future downloads from any Jimmy O’s website, including the Site. The use of any Jimmy O’s Site Content on any other website or computer environment is prohibited.
Community Standards And Conduct
You are entirely responsible for the content of any materials that you post, email or otherwise transmit to the Site. You agree to not use the Site or any portion of the Site to:
· upload, post, email or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy or right of publicity, hateful, or otherwise objectionable under community standards for appropriate and decent behavior;
· harm minors in any way;
· impersonate any person or entity, including, but not limited to, an agent or official of jimmyospizza.com/jimmyospizzeria.com or Jimmy O’s, or falsely state or otherwise misrepresent your affiliation with any person or entity;
· forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to, from or through the Site;
· upload, post, email or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· upload, post, email or otherwise transmit any materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary right(s) of any party;
· upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that may be specifically designated for such purpose, if any;
· upload, post, email or otherwise transmit any material that contains bugs, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site or a Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges or real time accessibility;
· interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
· intentionally or unintentionally violate any applicable local, state, national or international law.;
· "stalk" or otherwise harass another member or user of the Site; or
· attempt to view, gain access to, collect or store personal data about other users of the Site.
If you submit creative suggestions, ideas, notes, drawings, or other information (we'll call them "Submissions"), whether voluntarily or at our request, such Submissions shall be deemed, and shall remain, the property of Jimmy O’s. None of the Submissions will be subject to any obligation of confidence on the part of Jimmy O’s, and Jimmy O’s will not be liable for any use or disclosure of any Submissions. Without limitation, Jimmy O’s will exclusively own all rights to the Submissions of every kind and nature, now known or hereafter existing throughout the universe, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation of any kind or nature or other consideration to the provider of the Submissions, or any notice to, review of, or permission of, the provider of the Submissions.
Disclaimer And Limitation Of Liability
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Jimmy O’s is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT JIMMY O’S, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY JIMMY O’S OR ANY THIRD PARTY. IN NO EVENT SHALL THE LIABILITY OF JIMMY O’S TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRAC™ TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Third Party Hyperlinks
The appearance of external hyperlinks does not constitute endorsement by Jimmy O’s, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Jimmy O’s does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these other websites. Furthermore, Jimmy O’s is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such websites. As such, neither Jimmy O’s nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these websites. Finally, under no circumstances will Jimmy O’s be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party hyperlinked websites.
You agree to indemnify, defend and hold harmless, Jimmy O’s, its subsidiaries and affiliates and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these terms and conditions of use. Jimmy O’s reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you agree you will fully cooperate with Jimmy O’s in asserting any available defenses.
This Site is intended for use in the United States, only. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Oregon applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action shall be in the County of Clackamas, State of Oregon.
© 2013 Jimmy O’s Pizzeria, All Rights Reserved