Visiting pizzeriagustopvd.com or sending emails
to Pizzeria Gusto constitutes electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.
Your account
If you use this site, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or
otherwise transfer your account to any other person or entity. You acknowledge
that Pizzeria Gusto is not responsible for third party access to your account
that results from theft or misappropriation of your account. Pizzeria Gusto and
its associates reserve the right to refuse or cancel service, terminate
accounts, or remove or edit content in our sole discretion.
Pizzeria Gusto does not knowingly collect,
either online or offline, personal information from persons under the age of
thirteen. If you are under 18, you may use pizzeriagustopvd.com only with
permission of a parent or guardian.
Links to third party sites/Third party services
pizzeriagustopvd.com may contain links to other
websites ("Linked Sites"). The Linked Sites are not under the control
of Pizzeria Gusto and Pizzeria Gusto is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Pizzeria Gusto is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by Pizzeria Gusto of the site or any association with its operators.
Certain services made available via
pizzeriagustopvd.com are delivered by third party sites and organizations. By
using any product, service or functionality originating from the
pizzeriagustopvd.com domain, you hereby acknowledge and consent that Pizzeria Gusto
may share such information and data with any third party with whom Pizzeria Gusto
has a contractual relationship to provide the requested product, service or
functionality on behalf of pizzeriagustopvd.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive,
non-transferable, revocable license to access and use pizzeriagustopvd.com
strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to Pizzeria Gusto that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site
in any manner which could damage, disable, overburden, or impair the Site or
interfere with any other party's use and enjoyment of the Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such
as text, graphics, logos, images, as well as the compilation thereof, and any
software used on the Site, is the property of Pizzeria Gusto or its suppliers and
protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.
You will not modify, publish, transmit,
reverse engineer, participate in the transfer or sale, create derivative works,
or in any way exploit any of the content, in whole or in part, found on the
Site. Pizzeria Gusto content is not for resale. Your use of the Site does not
entitle you to make any unauthorized use of any protected content, and in
particular you will not delete or alter any proprietary rights or attribution
notices in any content. You will use protected content solely for your personal
use, and will make no other use of the content without the express written permission
of Pizzeria Gusto and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of Pizzeria Gusto or our
licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and
administered by Pizzeria Gusto from our offices within the USA. If you access the
Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the Pizzeria Gusto Content
accessed through pizzeriagustopvd.com in any country or in any manner prohibited
by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold
harmless Pizzeria Gusto, its officers, directors, employees, agents and third
parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use
the Site or services, any user postings made by you, your violation of any
terms of this Agreement or your violation of any rights of a third party, or
your violation of any applicable laws, rules or regulations. Pizzeria Gusto
reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with Pizzeria Gusto in asserting any available
defenses.
Arbitration
In the event the parties are not able to
resolve any dispute between them arising out of or concerning these Terms and
Conditions, or any provisions hereof, whether in contract, tort, or otherwise
at law or in equity for damages or any other relief, then such dispute shall be
resolved only by final and binding arbitration pursuant to the Federal
Arbitration Act, conducted by a single neutral arbitrator and administered by
the American Arbitration Association, or a similar arbitration service selected
by the parties, in a location mutually agreed upon by the parties. The
arbitrators award shall be final, and judgment may be entered upon it in any
court having jurisdiction. In the event that any legal or equitable action,
proceeding or arbitration arises out of or concerns these Terms and Conditions,
the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and
Conditions will take place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and
Employer agree otherwise, 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.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
PIZZERIA GUSTO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
SITE AT ANY TIME.
PIZZERIA GUSTO AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. PIZZERIA GUSTO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL PIZZERIA GUSTO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PIZZERIA GUSTO OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Pizzeria Gusto reserves the right, in its sole
discretion, to terminate your access to the Site and the related services or
any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Connecticut and you hereby consent to the exclusive jurisdiction and venue of
courts in Connecticut in all disputes arising out of or relating to the use of
the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Pizzeria Gusto as a
result of this agreement or use of the Site. Pizzeria Gusto's performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Pizzeria Gusto's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Site or information provided to or gathered by Pizzeria Gusto
with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and Pizzeria Gusto
with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and Pizzeria Gusto with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It
is the express wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms
Pizzeria Gusto reserves the right, in its sole
discretion, to change the Terms under which pizzeriagustopvd.com is offered. The
most current version of the Terms will supersede all previous versions. Pizzeria Gusto encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
Pizzeria Gusto welcomes your questions or comments regarding the Terms:
Pizzeria Gusto
259 Broadway, Providence, RI 02903
Email Address: info@pizzeriagustopvd.com
Telephone number: 401-490-7272
Effective as of January 21, 2020