We may modify the Terms at any time, and such modification will be effective 30 days after either posting of the modified Terms or notification to you through some other means, whichever occurs first. You agree to review these Terms periodically to ensure that you are aware of any modifications. Your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms.
The contents of the Site (the “Content”) are provided by Buddy's Pizza and may be used for informational purposes only.
THE CONTENT OF THE SITE, INCLUDING ITS "LOOK AND FEEL" (E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AUDIO, VIDEO, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS) AND OTHER CONTENT, ARE PROTECTED UNDER BOTH UNITED STATES AND FOREIGN COPYRIGHT, TRADEMARK, AND OTHER LAWS. The Content belongs or is licensed to Buddy's Pizza.
Subject to your acceptance of these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to view and use this Site. You may download and/or print a copy of the information provided in this Site for your internal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). You may contact us at the address indicated at the end of this Agreement. In any event, you agree not to modify, amend, reduce the size of or in any way obliterate any warnings, liability limitations, disclosures or notices (including any copyright or trademark notice) associated with the information.
You grant us a worldwide, non-exclusive, royalty-free license to use (i) any content you post on the Site for any purpose, (ii) data generated as a result of your use of the Site solely for the purpose of (x) maintaining and improving the Site and (y) providing you with access to special product offers and promotions, and (iii) non-identifiable, anonymous, aggregated data regarding your use of the Site or any services provided through the Site compiled by us for marketing purposes or other internal business uses.
WE DO NOT AUTHORIZE OTHER WEB SITES TO LINK TO THIS SITE WITHOUT OUR PRIOR PERMISSION. Please contact us at the address indicated at the end of the Terms should you wish to effect such a link.
2. Unsolicited Idea Submission Policy.
Neither Buddy's Pizza nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send us any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Buddy's Pizza products or marketing strategies might seem similar to ideas submitted to Buddy's Pizza. So, please do not send your unsolicited ideas to Buddy's Pizza or anyone at Buddy's Pizza. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, then you agree that you hereby irrevocably assign to Buddy’s Pizza, without further compensation, all of your right, title and interest in any ideas, including without limitation all worldwide patent rights, copyrights, trade secret rights, and other proprietary or intellectual property rights therein. At Buddy’s Pizza’s request and expense, you will execute documents and take such further acts as Buddy’s Pizza may reasonably request to assist Buddy’s Pizza to acquire, perfect, and maintain its intellectual property rights and other legal protections related to the idea(s).
Buddy's Pizza does, however, welcome your feedback regarding many areas of Buddy's Pizza's existing business. If you want to send us your feedback, and we hope you do, simply use our Contact Buddy's page. Please provide only specific feedback on Buddy's Pizza's existing products or marketing strategies (do not include any ideas that Buddy's Pizza policy will not permit it to accept or consider). It's just one more way that Buddy's Pizza can learn how to best satisfy your needs.
4. Your Conduct.
(a) Notwithstanding anything to the contrary in this Agreement, using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engines and search agents available from Buddy's Pizza on this Site and other than generally available third-party web browsers (such as Internet Explorer or Google Chrome) is prohibited.
(b) You may not attempt to decipher, decompile, disassemble, or reverse-engineer, distribute, license, sell, transfer, or create derivative works of the Content, including, but not limited to, any of the software comprising or in any way making up a part of the Site.
(c) You may not use, display, mirror or frame the Site, or any individual element within the Site, our name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.
(d) You may not access, tamper with, or use non-public areas of the Site.
(e) You may not attempt to probe, scan, or test the vulnerability of our system or network or breach any security or authentication measures.
(f) You may not use the Site or any services provided through the Site in violation of applicable law.
(g) You may not encourage or enable any other individual or entity to do any of the foregoing.
5. Warranty Disclaimer.
THE SITE AND THE INFORMATION ON THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY ACKNOWLEDGE THAT YOUR ACCESS OR USE OF THE INFORMATION IS AT YOUR SOLE RISK. THE INFORMATION ON THIS SITE MAY BE COMPILED FROM VARIOUS THIRD-PARTY CONTENT PROVIDERS ("PROVIDERS"). BUDDY'S PIZZA AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE. WE AND OUR PROVIDERS DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF INFORMATION MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. WE AND OUR PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE ACCESS TO THE SITE. ALTHOUGH WE OR OUR PROVIDERS MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
6. Waiver, Release and Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER BUDDY'S PIZZA, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY ARISING OUT OF OR RELATING TO USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST BUDDY'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF BUDDY'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) FOR LOSSES OR DAMAGES YOU SUSTAIN ARISING OUT OF OR RELATING TO THE SITE OR ITS USE.
7. Survivability of Limitation of Liability.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, THESE LIMITATIONS MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTY IS HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF BUDDY'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500. IN NO EVENT SHALL BUDDY'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT OR TORT, GREATER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, SUCH AS INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO USE OF THE SYSTEM ARE HEREBY EXCLUDED EVEN IF BUDDY'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Links to Third-Party Websites
You agree to defend, indemnify, and hold Buddy’s Pizza, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, or your violation of these Terms, including breach of any representations or warranties herein.
10. Disclaimer of Liability for Service Interruption.
NEITHER BUDDY'S PIZZA, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANY PROVIDER OR THIRD-PARTY VENDOR WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING OR OPERATING THE SITE OR THE DATA CONTAINED THEREIN THAT IS MADE AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITE, INCLUDING ITS CONTENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF BUDDY'S PIZZA OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES SUPPORT.
11. Third Party Rights.
The provisions of paragraphs 6 through 11 apply for the benefit of Buddy's Pizza and its officers, directors, employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
12. Right to Terminate.
Buddy's Pizza shall have the right to terminate your ability to use or access the Site, in its sole and absolute discretion, at any time without notice to you.
13. Relationship of the Parties.
You agree that no joint venture, partnership, employment, or agency relationship exists between Buddy's Pizza and you as a result of these Terms or your use of the Site.
Buddy's Pizza's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. The waiver of any right by us is effective only if in writing and signed by an authorized representative of Buddy’s Pizza.
You may not assign or transfer any rights you may have arising under the Terms, by operation of law or otherwise, without Buddy’s Pizza’s prior written consent. Any attempt by you to assign or transfer any rights you may have arising under the Terms, without such consent, will be null and of no effect. Buddy's Pizza may assign its rights and duties under this Agreement to any party at any time without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
16. Governing Law and Forum.
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its provisions relating to conflicts of law. You agree that any legal action or proceeding between Buddy's Pizza and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction in Oakland County, Michigan, United States of America.
YOU FURTHER AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
In light of the nature of this Agreement, you understand and agree that money damages may be insufficient to rectify your breach of these Terms and that, consequently, you agree that Buddy's Pizza will be irreparably damaged by any breach by you of these terms, thus it will be entitled to injunctive relief upon said breach by you.
If for any reason a court of competent jurisdiction finds any provision of the Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms will remain in full force and effect.
17. Commencement of Action
Any cause of action or claim you may have with respect to Buddy's Pizza must be commenced within one (1) year from the date the claim or cause of action arises.
18. Election of Remedies
Except as expressly set forth in the Terms, Buddy’s Pizza’s exercise of any of its remedies under the Terms will be without prejudice to its other remedies under these Terms or otherwise.
19. Entire Agreement.
The Terms comprise the full and final understanding between you and Buddy's Pizza and merges and supersedes any and all other agreements, understandings or representations, written or oral, with respect to the subject matter hereof. The Terms may not be modified except by a writing (in paper or electronic form) signed by you and by an authorized representative of Buddy's Pizza, and referring specifically to the Terms. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of the Terms.
The provisions of the Terms are severable, and in the event any provision hereof is determined to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
21. Notice to You.
Buddy's Pizza may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first-class U.S. mail to your address on record with Buddy's Pizza that you provided as part of your registration information.
22. Digital Millennium Copyright Act Notice
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Site in a way that may constitute copyright infringement, you may provide notice of your claim to Buddy's Pizza's Copyright Agent at DMCA@BuddysPizza.com.
For your notice to be effective, it must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable; (iv) your address, telephone number, and e-mail address; (v) 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 (vi) 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 authorized to act on the copyright owner's behalf.
23. Contacting Us.
To contact us with any questions or concerns in connection with the Terms, or to provide any notices under the Terms, please go to the Contact Buddy's page or contact us at firstname.lastname@example.org. You may also contact us at 31800 Northwestern Highway, Suite 206, Farmington Hills, MI 48334, (800) 965-0505.