Welcome to Salvatore Pizza. These Terms and Conditions ("Terms") govern your use of our website, mobile application, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations. By using our Services, you agree to these Terms and our Privacy Policy.
Throughout these Terms, the following definitions apply:
You must be at least 13 years old to use our Services. By using our Services, you represent and warrant that:
If you are using our Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that business or entity to these Terms.
To access certain features of our Services, you may need to create an account. When you create an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
When you place an order through our Services, you agree to provide current, complete, and accurate purchase and account information. We reserve the right to refuse or cancel your order if we suspect fraud, unauthorized or illegal activity, or if products are not available.
All prices displayed on our Services are in US dollars and are subject to change without notice. We make every effort to ensure the accuracy of prices and product availability, but errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
We accept various payment methods as indicated during the checkout process. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is true and accurate. You authorize us to charge your designated payment method for the total amount of your order including taxes, delivery fees, and any other applicable charges.
We offer delivery within certain areas as specified on our website or mobile application. Delivery times are estimates and are not guaranteed. Delivery may be affected by factors beyond our control, such as traffic, weather conditions, or high order volumes. We are not responsible for delays in delivery.
Our Services may allow you to post, submit, or transmit User Content, such as reviews, comments, or feedback. By posting User Content, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on and through our Services.
You are solely responsible for your User Content and the consequences of posting or publishing it. By posting User Content, you represent and warrant that:
We have the right, but not the obligation, to monitor, edit, or remove any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
Our Services and Content (excluding User Content) are protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
We respect the intellectual property rights of others. If you believe that material located on or linked to by our Services violates your copyright, please notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
You agree not to engage in any of the following prohibited activities:
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SALVATORE PIZZA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR SERVICES.
UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE PAST THREE MONTHS, OR (B) $100.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SALVATORE PIZZA.
You agree to indemnify, defend, and hold harmless Salvatore Pizza, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to (a) your use or misuse of our Services, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of such claim.
These Terms and your use of our Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Before filing a claim against Salvatore Pizza, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Salvatore Pizza may bring a formal proceeding.
You and Salvatore Pizza agree to resolve any claims relating to these Terms or our Services through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in Los Angeles, California, or any other location we agree to.
Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to (a) bring an individual action in small claims court, (b) pursue enforcement actions through applicable federal, state, or local agencies, (c) seek injunctive relief in a court of law, or (d) file suit in a court of law to address intellectual property infringement claims.
YOU AND SALVATORE PIZZA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice through our Services, or by other means, to give you the opportunity to review the changes before they become effective. If you continue to use our Services after the changes become effective, you agree to the revised Terms.
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Salvatore Pizza concerning our Services.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Salvatore Pizza's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You may not assign these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted assignment by you without our prior written consent will be null and void.
We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes, or other industrial disturbances, electrical or power outages, utilities or telecommunications failures, earthquakes, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
If you have any questions about these Terms, please contact us at:
Salvatore Pizza
3295 Torrance Loaf Stoltenbergberg
NT X5V-7T9, California
Email: legal@salvatorepizza.com
Phone: +1 (914) 446-3225