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John's Incredible Pizza Company
Effective Date: 11/29/11
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Welcome to www.johnspizza.com, the Web site for John’s Incredible Pizza Company.
We maintain this site for general promotional, investor relations and public
information purposes, The following Terms of Use ("Terms") apply to your use of
this site and other websites operated by John’s Incredible Pizza Company (“JIPC”)
that display or link to these Terms of Use (collectively "Web Site" or "Site").
Please read them carefully! By using this Web Site, you are agreeing to be bound
by these Terms. You may not use this Site if you do not agree to these Terms.
Unless the context indicates otherwise, as used in these Terms, (i) “John’s Incredible
Pizza Company ", “JIPC”, "us," "we" and "our" refer to John’s Incredible Pizza Company
and affiliates, (ii) "Content" refers to any or all text, documents, photographs,
images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service
marks, copyrighted materials, audio and video presentations and other information
provided by us on or through this Web Site, including user interfaces and the selection,
coordination and arrangement of such information, and (iii) "Software" refers to any
software available for downloading on the Site.
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Changes to this Site or these Terms
We may change or discontinue this Web Site at any time without prior notice or
obligation to you. We may also change these Terms at any time without prior notice
or obligation and your continued use of the Site after such changes have been posted
will constitute your acceptance of the changes.
The Site is owned and operated by JIPC in conjunction with others pursuant to
contractual arrangements, and the Content and Software (and any intellectual property
and other rights relating thereto) is and will remain the property of JIPC and its
licensors and suppliers. The Content and Software and the selection, compilation,
collection, arrangement and assembly thereof is protected by U.S. and international
copyright, trademark and other laws, and you acknowledge that these rights are valid
and enforceable. Except as expressly set forth in the “Permitted and Prohibited Uses”
section below, or otherwise authorized in advance by JIPC in writing, you agree not to
reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works
based (whether in whole or in part) on, all or any part of the Site or any materials
made available through the Site.
The trademarks, trade names, service marks, product packaging, designs and corporate
logos and emblems displayed on this Site belong exclusively to JIPC, our third party
licensors or others, and are protected under United States and international trademark
and other proprietary rights and laws. The trade names, trademarks and service marks
owned by JIPC, whether registered or unregistered, may not be used in connection with
any product or service that is not ours, in any manner that is likely to cause confusion.
Nothing contained on the Site should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any of JIPC’s or our third party licensors
trade names, trademarks or service marks without our or their, respectively, express
prior written consent.
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Registration
Some areas of the Site may require you to be or become registered with the Site. When
and if you register with the Site, you agree to (a) provide accurate, current and
complete information about yourself as prompted by our registration form (including
your email address) and (b) maintain and update your information (including your email
address) to keep it accurate, current and complete. You acknowledge that, if any
information provided by you is untrue, inaccurate, not current or incomplete, we
reserve the right to terminate your use of the Site.
As part of the registration process, you will be asked to select a username and password.
We may refuse to grant you a username that impersonates someone else, is or may be illegal,
is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise
offensive, or may cause confusion, as determined by us in our sole discretion. You are
responsible for maintaining the confidentiality of your user name and password and agree
not to transfer or resell your use of or access to the Site to any third party. If you have
reason to believe that your account with us is no longer secure, you must promptly change
your password by visiting www.johnspizza.com and immediately notify us of the problem by
sending us an email through the Contact Us section You are entirely responsible for
maintaining the confidentiality of your username and password and for any and all activities
that are conducted through your account (including purchases, as applicable) whether or not
authorized by you.
As part of the registration process, you will be asked to select a username and password.
We may refuse to grant you a username that impersonates someone else, is or may be illegal,
is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise
offensive, or may cause confusion, as determined by us in our sole discretion. You are
responsible for maintaining the confidentiality of your user name and password and agree
not to transfer or resell your use of or access to the Site to any third party. If you have
reason to believe that your account with us is no longer secure, you must promptly change
your password by visiting www.johnspizza.com and immediately notify us of the problem by
sending us an email through the Contact Us section You are entirely responsible for
maintaining the confidentiality of your username and password and for any and all activities
that are conducted through your account (including purchases, as applicable) whether or not
authorized by you.
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Permitted and Prohibited Uses
Subject to your compliance with these Terms, and solely for so long as you are permitted
by JIPC to access and use the Site, you may view and make one electronic or paper copy
of the information posted on any screens of this Web Site, provided that you use the
copy solely for your personal, informational and non-commercial purposes and that you
(i) keep all copyright and other proprietary notices intact, (ii) do not modify the Content
or use it in a manner that suggests an association with any of our products, services or
brands and (iii) do not download quantities of the Content to a database that can be used
to avoid future downloads from this Site. You may execute a single copy of any software
made available through the Site (the “Software”). Use or downloading of the Software is
conditioned on acceptance of the terms and conditions of any license agreements relating
to such Software, including agreements of third parties. By acquiring or using the Software,
you agree to such terms and conditions. While using the Site, the Content, and the Software
you agree to comply with all applicable laws, rules and regulations.
You may not:
- Reproduce, copy, upload, post, transmit, display, sell, resell or otherwise
redistribute or exploit any materials or design elements of this Site, any other
portion of this Site, or use of or access to the Site, for commercial purposes
without our prior written consent;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or
disassemble the Software or any portion of the Site or otherwise attempt to
determine the source code or trade secrets of the Site or the Software;
- Violate or attempt to violate the security of the Site;
- Restrict or inhibit any other visitor or member from using the Site, including,
without limitation, by means of “hacking” or defacing any portion of the Site;
- Use the Site, Content or Software for any fraudulent or unlawful purpose;
- Impersonate any person or entity, including without limitation any
representative of JIPC; falsely state or otherwise misrepresent your affiliation
with any person or entity in connection with the Site; or express or imply that
any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent,
threatening, harassing, degrading, hateful, intimidating, abusive, libelous,
defamatory, obscene, indecent, pornographic or otherwise objectionable, or infringes
our or any third party’s intellectual property or other rights; (b) any material,
non-public information about companies without the authorization to do so; (c) any
trade secret of any third party; (d) any material that would give rise to criminal
or civil liability; that encourages conduct that constitutes a criminal offense;
or that encourages or provides instructional information about illegal activities
or activities such as "hacking," "cracking," or "phreaking”; or (e) any
advertisements, solicitations, junk mail, chain letters, pyramid schemes, investment
opportunities or other unsolicited commercial communication (except as otherwise
expressly permitted by us);
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms,
Trojan horses, defects, date bombs, time bombs or other items of a destructive
nature;
- Remove any copyright, trademark or other proprietary rights notices contained
in the Site, Content or Software;
- “Frame” or “mirror” any part of the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application or other manual or
automatic device or process to retrieve, index, “data mine” or in any way reproduce
or circumvent the navigational structure or presentation of the Site or its contents.
Notwithstanding the foregoing, JIPC grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole purpose of
and solely to the extent necessary for creating publicly available searchable
indices of the materials, but not caches or archives of such materials. JIPC
reserves the right to revoke these exceptions either generally or in specific cases.
- Use the Site to advertise or offer to sell or buy any goods or services without
our express prior written consent;
- Create a database by systematically downloading and storing Site content;
- Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the
legal rights of others, including without limitation others' privacy rights or
rights of publicity, or harvest or collect information about Site visitors or
members without their express consent; or
- Otherwise disrupt or interfere with the operation of the Site or the servers or
networks used to make the Site available; or violate any requirements, procedures,
policies or regulations of such networks.
Your use of the Site is conditioned on your compliance with the rules of conduct set
forth in this section; your failure to comply with such rules may result in termination
of your access to the Site. If you download Software from the Site, such Software is
licensed on a limited basis to you by us or the owner of such Software. Title to the
Software is not transferred to you. You own the medium on which the Software is recorded,
but we or our third party licensors retain all right, title and interest in and to the
Software, and all intellectual property rights therein. You may not re-sell or transfer
the Software to any third party.
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Forums and Public Communication
This Site may enable users to submit their own content to a chat room message board
email function ("forum"). Any forum on the Site is a free service to enable you to share
comments about products and services available on our site. If you participate in a
forum within the Site, any information you disclose in such a submission may be publicly
available and you should exercise caution in deciding whether to disclose any personal,
financial or other sensitive information there. By uploading or submitting any materials
to a forum, you automatically grant (or warrant that the owner of such materials
expressly granted) to us and our designees a non-exclusive, royalty-free, fully paid up,
worldwide, transferable, sublicenseable (through multiple tiers), assignable, perpetual,
irrevocable right and license to use, reproduce, publicly display, publicly perform, digitally
perform, distribute, create derivative works based on, adapt (including without limitation
edit, modify, translate, and reformat), transmit, make, have made, sell, offer for sale
and import such materials or incorporate such materials into any form now know or later
developed, for any purpose whatsoever, commercial or otherwise, without compensation to
the provider of the submissions. For all such materials that you submit to or through
the Site, you represent and warrant that you have all rights necessary for you to grant
the licenses granted in this section, and that such materials, and your provision thereof
to and through the Site, comply with all applicable laws, rules and regulations.
You further irrevocably waive any “moral rights” or other rights with respect to
attribution of authorship or integrity of materials regarding all materials that you
submit to or through the Site that you may have under any applicable law under any legal
theory.
JIPC cannot prevent other persons who access this site from using submissions and
personal information they find here, even if their use of that information violates
the law, or your personal privacy or safety. None of the submissions will be subject
to any obligation, whether of confidentiality, attribution or otherwise, on our part
and we will not be liable for any use or disclosure of any submissions.
When participating in a forum, you should not assume that people are who they say
they are, know what they say they know or are affiliated with whom they say they are
affiliated with. Information obtained in a forum may not be reliable and it is not a
good idea to trade or make any investment decision based solely or largely on
information you cannot confirm. We cannot be responsible for the content or accuracy
of any information and shall not be responsible for any trading or investment decisions
made based on such information.
JIPC is proud to provide a forum for you to express your opinions on the topics and
items we feature. While we appreciate your time and comments, you are prohibited from
posting or transmitting the following in your posts: (i) profanity, pornography,
obscenities, hateful, threatening or harassing comments or images; (ii) discussion of
illegal activities or intent; (iii) solicitations for commercial activities or other
statements that do not generally relate to the designated topic of the forum; (iv)
personally identifiable information such as phone numbers, addresses or URLs; (v) any
information that violates any right of a third party or any law; (vi) any software or
other materials that contain a virus or other harmful component, and (vii) JIPC is free
to use any ideas, concepts, know-how, or techniques contained in any communication you
send to the Web Site for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products using such information.
We have no obligation to monitor the Site or the forums, or any submissions or other
materials that you or other third parties transmit or post on the Site or the forums.
You acknowledge and agree that we have the right (but not the obligation) to monitor
the Site and the forums and the materials you transmit or post; to alter or remove any
such materials (including, without limitation, any posting to a forum); to disclose
such materials, the circumstances surrounding their transmission, and the identity of
the poster to any third party in order to operate the Site properly; to protect
ourselves, our sponsors and our members and visitors; to comply with legal obligations
or governmental requests; and to enforce these Terms or for any other reason or purpose.
A testimonial board post is not an effective way to tell us you need help with an order
or site feature. If you'd like to tell us about a specific problem, please send an
e-mail through the Contact Us section. JIPC disclaims liability for any failure on its
part to provide help with a specific problem disclosed on this site.
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Rules for Sweepstakes, Contest and Games
Any sweepstakes, contests or games that are accessible through the Site may be governed
by specific rules. By entering such sweepstakes or contests or participating in such
games you will become subject to any such rules. We urge you to read any applicable
rules, which will be linked from the particular activity, and to review our Privacy
Policy (which can be found at www. johnspizza.com)which, in addition to these Terms,
governs any information you submit in connection with such sweepstakes, contests and
games. To the extent that the terms and conditions of such rules conflict with these
Terms, the terms and conditions of such rules shall control.
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Making Purchases
If you wish to purchase products or services as offered on the Site, you will be asked
by JIPC or the third party provider of the product or service to supply certain
information applicable to your purchase, including, without limitation, credit card and
other information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY
CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE. By submitting such information,
you grant JIPC the right to such information in accordance with our Privacy Policy,
including, without limitation, by providing such information to third parties for
purposes of facilitating the completion of purchases initiated by you or on your behalf.
You agree that all information that you provide to JIPC or such third party provider will
be accurate, current and complete. You agree to pay all charges incurred by you or any
users of your account and credit card (or other applicable payment mechanism) at the
price(s) in effect when such charges are incurred. You will also be responsible for
paying any applicable taxes relating to your purchases. Descriptions or images of, or
references to, products or services on the Site do not imply JIPC’s endorsement of such
products or services. We reserve the right, without prior notification, to change such
descriptions or references, to limit the order quantity on any product or service and/or
to refuse service to you. Verification of information applicable to a purchase may be
required prior to JIPC’s acceptance of any order. Price and availability of any product
or service are subject to change without notice. If you have any questions or complaints
regarding your order, or if you would like further information, please contact us through
the Contact Us section. If you are a California resident, please be advised that the
Complaint Assistance Unit of the Division of Consumer Services of the Department of
Consumer Affairs can be reached at 1625 N. Market Blvd., Suite S-202, Sacramento, CA
95834, or at (916) 574-7950.
We make all reasonable efforts to accurately display the attributes of our services
and products, including the applicable colors; however, the actual color you see will
depend on your computer system, and we cannot guarantee that your computer will
accurately display such colors. The inclusion of any products or services on this Site
at a particular time does not imply or warrant that these products or services will be
available at any time. It is your responsibility to ascertain and obey all applicable
local, state, federal and international laws (including minimum age requirements) in
regard to the possession, use and sale of any item purchased from this Site. By placing
an order, you represent that the products ordered will be used only in a lawful manner.
JIPC reserves the right, with or without prior notice, to limit the available quantity
of or discontinue any product or service; to honor, or impose conditions on the honoring
of, any coupon, coupon code, promotional code or other similar promotions; to bar any
user from making any or all purchase(s); and/or to refuse to provide any user with any
product or service. Refunds and exchanges will be subject to JIPC’s refund and exchange
policies then in effect. When an order is placed, it will be shipping to an address
designated by the purchaser as long as that shipping address is complete and compliant
with the shipping restrictions contained on this Site. All purchases from this Site
are made pursuant to a shipment contract. As a result, risk of loss and title for
items purchased from this Site pass to you upon delivery of the items to the carrier.
You are responsible for filing any claims with carriers for damaged and/or lost shipments.
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Disclaimer of Warranties
In maintaining this Web Site, we have tried to ensure that the information posted by us
is accurate, complete and current as of the dates indicated on the screens. However, we
make no guarantees or warranties of any kind, express or implied, regarding the Content,
the Software or operation of the Site. You access and use this Site at your own risk.
The Content and Software (including all information available on or through the Site)
are provided "AS IS" and we are not responsible for its use or misuse. Access to this
Site from locations where the Content or Software may be illegal is prohibited and you
are responsible for compliance with applicable local laws. You are also responsible for
taking all necessary precautions to assure that any material you obtain from this Site
is free from computer viruses, worms, Trojan horses or other destructive devices.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT
PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT
TO THE SITE, CONTENT AND SOFTWARE (INCLUDING ALL INFORMATION, SERVICES AND, EXCEPT TO
THE EXTENT ACCOMPANIED BY A WRITTEN WARRANTY FROM US, PRODUCTS MADE AVAILABLE ON OR
THROUGH THE SITE), INCLUDING, WITHOUT LIMITATION, (I) WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS
OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT
OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES
RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE CONTENT
OR SOFTWARE, (IV) WARRANTIES RELATING TO THE OPERATION OF THE SITE (INCLUDING DELAYS,
INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS) (V) WARRANTIES OTHERWISE RELATING
TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY,
AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR
USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties,
so the above exclusions may not apply to you. JIPC AND ITS AFFILIATES, AND THEIR
RESPECTIVE LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS,
SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS AND AGENTS DO NOT WARRANT THAT YOUR
USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED,
OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT
YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND
OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND
YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF JIPC OR ITS AFFILIATES, AND
THEIR RESPECTIVE LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS,
DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS, AGENTS, MEMBERS OR
VISITORS, WHETHER MADE ON THE SITE, THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY
WARRANTY.
A possibility exists that the Site, Content, Software or forums could include
inaccuracies or errors, or information or materials that violate these Terms of
Use (specifically, the rules of conduct set forth in the “Permitted and Prohibited Uses”
section above). Additionally, a possibility exists that unauthorized alterations
could be made by third parties to the Site, Content, Software or forums. Although
we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s
completeness or correctness. In the event that a situation arises in which the Site’s
completeness or correctness is in question, please visit www.johnspizza.com and send an
email through the “Contact Us” section, with, if possible, a description of the material
to be checked and the location (URL) where such material can be found on the Site, as
well as information sufficient to enable us to contact you. We will try to address your
concerns as soon as reasonably practicable.
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Links from this Web Site
As a convenience to you, we may provide hyperlinks from this Web Site and descriptions
of or references to selected third party Web sites that are not operated by JIPC.
However, by providing such links, we are not endorsing such third parties or their Web
sites or their products or services. We are not responsible or liable for and make no
representations about the contents or use of such hyperlinked third party sites or any
further links contained there to other sites. If you use a Web site that is hyperlinked
to this Web Site, you do so at your own risk; we are not responsible for assuring that
hyperlinked sites are free from computer viruses, worms, Trojan horses or other
destructive devices. We may discontinue our hyperlinks to any third party site at any
time without notice or obligation to you.
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Links to this Web Site
If you wish to provide a hyperlink from your Web site to this Web Site, you may do so
only under the following conditions: (i) any link to our Site must be a text-only link
and clearly marked "JIPC Web Site"; (ii) the link must "point" to the URL
www.johnspizza.com and not to other pages within our Site; (iii) when selected by a
user, the link must display our Site on full-screen and not within a "frame" on the
linking site; (iv) the appearance, position and other attributes of the link may not
imply that you or any related organizations or entities are endorsed or sponsored by,
affiliated with, or associated with us; (v) the appearance, position and other aspects
of the link may not be such as to damage or dilute the goodwill associated with our
names and trademarks; (vi) the linked site may not contain content that could be
construed as distasteful, offensive or controversial or that is not appropriate for
all age, racial, religious and other groups protected by law; and (vii) we reserve
the right to revoke our consent to the link at any time in our sole discretion and
you will remove the link immediately upon our request. By linking your Web site to
ours, you are agreeing to be bound by these Terms.
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Limitation of Liability
NEITHER JIPC NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR LICENSORS, SUPPLIERS,
ADVERTISERS OR SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES,
SERVICE PROVIDERS, CONSULTANTS OR AGENTS, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER
ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING
IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SOFTWARE, ANY LINKED
SITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE. YOUR SOLE REMEDY
FOR DISSATISFACTION WITH THE SITE, CONTENT, SOFTWARE OR ANY LINKED SITE IS TO STOP
USING THE SITE, CONTENT, SOFTWARE OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE
MAXIMUM LIABILITY OF JIPC AND ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS,
SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS,
REPRESENTATIVES, SERVICE PROVIDERS AND AGENTS FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR
OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Some
states do not allow the exclusion or limitation of incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
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Governing Law
These Terms will be governed by and construed in accordance with the laws of the State
of California and the United States of America, without reference to any choice of law
rules under California law. You agree that any action at law or in equity arising out of
or relating to these Terms or relating your use of this Web Site will be filed only in
the state or federal courts located in Orange County, California and you agree to
submit to the personal jurisdiction of such courts for the purposes of litigating any
such action, and to waive any jurisdictional, venue or inconvenient forum objections to
such courts.
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Termination
These Terms are effective until terminated. JIPC, in its sole discretion, may terminate
your access to or use of the Site, at any time and for any reason, including if JIPC
believes that you have violated or acted inconsistently with the letter or spirit of
these Terms. Upon any such termination, your right to use the Site will immediately
cease. You agree that any termination of your access to or use of the Site may be
effected without prior notice, and that JIPC may immediately deactivate or delete
your password and user name, and all related information and files associated with
it, and/or bar any further access to such information or files. You agree that JIPC
and the Affiliated Entities shall not be liable to you or any third party for any
termination of your access to the Site or to any such information or files, and shall
not be required to make such information or files available to you after any such
termination. The “Intellectual Property,” “Forums and Public Communication,”
“Disclaimer of Warranties,” “Limitation of Liability,” “Governing Law,” “Termination,”
“Jurisdictional Issues,” and “Miscellaneous” sections will survive any termination of
these Terms.
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Violations
We reserve the right to seek all remedies available at law and in equity for violations
of these Terms, including suspension or blocking of your access to this Web Site. Our
failure to enforce any provision of these Terms will not constitute a waiver of such
provision or of our legal or equitable rights. You agree to defend and indemnify us
and our directors and employees from and against any and all damages, claims,
liabilities and costs arising directly or indirectly from (i) your violation of these
Terms or your use of this Site; (ii) any allegation that any materials you submit to
us or transmit to the Site infringe or otherwise violate the copyright, trademark,
trade secret or other intellectual property or other rights of any third party;
and/or (iii) your activities in connection with the Site.
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Notice for California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the
following specific consumer rights notice: If you have a question or complaint
regarding the Site, please visit www.johnspizza.com and send an email through the
Contact Us section. The Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs may be contacted in writing at 400 R
Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254
or (800) 952-5210.
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Filtering
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental
control protections (such as computer hardware, software or filtering services) are
commercially available that may assist you in limiting access to material that is
harmful to minors. Information identifying current providers of such protections is
available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard
Online (http://onguardonline.gov/). Please note that JIPC does not endorse any of the
products or services listed at such site.
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Ability to Agree to These Terms
By using the Site, you affirm that you are of legal age to enter into this these Terms
or, if you are not, that you have obtained parental or guardian consent to enter into
these Terms.
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Jurisdictional Issues
The Site is solely directed to individuals residing in the United States. We make no
representation that Content or Software available on or through the Site is appropriate
or available for use in other locations. Those who choose to access the Site from other
locations do so on their own initiative and at their own risk, and are responsible for
compliance with local laws, if and to the extent local laws are applicable. The
Software is further subject to United States export controls. No Software may be
downloaded or otherwise exported or re-exported (a) into (or to a national or resident
of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S.
has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of
Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
By downloading or using any Software, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country or on
any such list. We reserve the right to limit the availability of the Site and/or the
provision of any service, program, film or other product described thereon to any
person, geographic area or jurisdiction, at any time and in our sole discretion, and
to limit the quantities of any such service, program, film or other product that we
provide.
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Investment Information
The information contained on the Site may not be current and should not be used or
relied on for any decision to invest in, purchase, retain, sell or otherwise transfer
the stock of our company, JIPC, or for any related purpose.
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Forward-Looking Statements
The information contained on the Site may not be current and should not be used or
relied on for any decision to invest in, purchase, retain, or sell for any related
purpose.
Statements in any news release of JIPC contained on the Site or communicated orally
or in writing that concern us or our management and that are not historical facts are
"Forward-Looking Statements." Forward-Looking Statements include, without limitation,
statements that (a) include the words "believes, ""expects, " "anticipates, "
"estimates" or words of similar importance or meaning with reference to us or our
management; (b) are specifically identified as forward-looking; (c) describe any of
our plans, objectives or goals for future operations and products; or (d) concern the
characteristics and growth of our markets or customers or our expected liquidity and
capital resources. Forward-Looking Statements are only predictions involving important
factors and risks that may cause actual results to differ materially from those
discussed in any Forward-Looking Statement. Those important factors and risks include,
without limitation, economic, competitive, governmental and technological factors
affecting our operations, markets, products, services and prices JIPC expressly
disclaims any obligation or responsibility to update or revise or supplement any
Forward-Looking Statement in any news release or generally to any extent.
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Questions
We welcome questions, comments and other feedback about this Terms of Use, the Web Site
and about our products and services. However, please be aware that we will treat all
such communications as non-confidential and may reproduce, use, disclose and distribute
them without notice or obligation to you. If you have any questions or comments, please
send us an e-mail through the “Contact Us” section of
www.johnspizza.com.
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Miscellaneous
These Terms may be supplemented by additional terms posted at other locations on this
Site, but these Terms will supersede in the event of a conflict with such additional
terms. These Terms and such additional terms constitute our entire agreement with you
regarding your use of this Web Site, and supersedes any and all prior or contemporaneous
written or oral agreements or understandings between you and JIPC relating to such
subject matter. Any heading, caption or section title contained in these Terms is
inserted only as a matter of convenience and in no way defines or explains any section
or provision hereof. The invalidity of any term, condition or provision of these Terms
of Use shall not affect the enforceability of those portions deemed enforceable by
applicable courts of law. These Terms do not, and shall not be construed to, create
any partnership, joint venture, employer-employee, agency or franchiser-franchisee
relationship between you and JIPC. You may not assign, transfer or sublicense any or
all of your rights or obligations under these Terms without our express prior written
consent. We may assign, transfer or sublicense any or all of our rights or obligations
under these Terms without restriction. Notices to you may be made via posting to the
Site, by e-mail, or by regular mail, in JIPC's discretion. The Site may also provide
notices of changes to these Terms or other matters by displaying such notices or by
providing links to such notices. Without limitation, you agree that a printed version
of these Terms and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to these Terms to the
same extent and subject to the same conditions as other business documents and records
originally generated and maintained in printed form. JIPC will not be responsible for
failures to fulfill any obligations due to causes beyond its control.
Site © 2013 JIPC unless otherwise noted. All rights reserved.
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