TERMS & CONDITIONS
Please read this agreement carefully beforeusing the Godfather's Pizza Web site. By using the site you agree to be boundby this agreement. Godfather's Pizza provides the information and services onthis site to you conditioned on your acceptance without modification of theterms, conditions and notices contained herein. Your use of the siteconstitutes your agreement to all such terms, conditions and notices. Your useof the site is subject to the additional disclaimers and notices that mayappear throughout the site. Godfather's Pizza and its representatives assume noresponsibility for any consequence relating directly or indirectly to anyaction or inaction that you take based on the information, services or other materialon this site. While Godfather's Pizza strives to keep the information on thissite accurate, complete and up-to-date, Godfather's Pizza and itsrepresentatives cannot guarantee, and will not be responsible for any damage orloss related to, the accuracy, completeness or timeliness of the information.
We may provide information related to ourrestaurant locations, promotions, fundraising and franchising opportunities.Godfather's Pizza grants you access to the site during the term of thisagreement solely to receive these services. You may access, download, and printmaterials as necessary to receive these services. You may not license, copy,distribute, create derivative works from, frame in another Web page, use on anyother Web site, or sell any information, databases or lists obtained from thesite. When requested, you agree to provide true, accurate and complete userinformation. You shall not access or attempt to access password protected,secure or non-public areas of the Web site without Godfather's Pizza's priorwritten permission. You will comply with all privacy laws.
All materials on this site (as well as theorganization and layout of the Site) are owned and copyrighted, licensed by, orused with permission that is granted to Godfather's Pizza. No reproduction,distribution, or transmission of the copyrighted materials at this Site ispermitted without the prior written permission of Godfather's Pizza.Godfather's Pizza and other logos, product and service names are trademarks andservice marks owned by or licensed to Godfather's Pizza or its affiliates.Without the prior written permission of Godfather's Pizza, or its appropriateaffiliates, you agree not to display or use in any manner.
Attention Franchisees: Your Account
If you use this site, you are responsible formaintaining the confidentiality of your account and password and forrestricting access to your computer, and you agree to accept responsibility forall activities that occur under your account or password. If your status as auser of the site is terminated, you will immediately notify Godfather's Pizza,and cease using the site and any information obtained from the site, anddestroy all copies of your account information, password and any informationobtained from the site.
You agree that you will not discloseconfidential information to any person or entity outside of your organization.You will not use or permit the use of any confidential information except asnecessary in connection with the services provided. You shall use at least thesame degree of care in safeguarding the confidential information as you use insafeguarding your own confidential information, but in no event shall you useless than due diligence and care. "Confidential Information" meansall information or material which is obtained from password protected portionsof the site or which is marked "Confidential,""Restricted," or other similar marking, known by the parties to beconsidered confidential, or which should be known or understood to beconfidential or proprietary by an individual exercising reasonable judgment.
Privacy and Personal Information
No Unlawful or Prohibited Use
As a condition of your use of this site, youwarrant to Godfather's Pizza that you will not use this site for any purposethat is unlawful or prohibited by these terms. If you violate any of theseterms, your permission to use the site automatically terminates. You may notwithout the prior written permission of Godfather's Pizza use any computercode, data mining software, "robot," "bot,""spider," "scraper" or other automatic device, or program,algorithm or methodology having similar processes or functionality, or anymanual process, to monitor or copy any of the Web pages, data or content foundon this site or accessed through this site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOURUSE OF THIS SITE AND THE SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK. THESITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.Godfather's Pizza EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHEREXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANYMATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONEAT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANYDAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADOF ANY SUCH MATERIAL. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND ANDAGREE THAT GODFATHER'S PIZZA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOTLIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLELOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OFPROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION ORSERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITEOR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OFYOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ONTHE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES.
Links to Third Party Sites
Use of Submissions
You grant us the right to use, reproduce,modify, distribute, and display any material you supply or communicate to thesite for the stated purposes of this agreement and to authorize others to doso.
Changes to Site
Godfather's Pizza may make improvements orchanges in the information, services, products, and other materials on thissite, or terminate this site at any time. Godfather's Pizza may modify thisagreement at any time, and such modifications shall be effective immediatelyupon posting of the modified agreement. Accordingly, you agree to review theagreement periodically, and your continued access or use of this site shall bedeemed your acceptance of the modified agreement. MISCELLANEOUS This site isintended to and directed to residents of the United States and all advertisingclaims contained in this site are valid only in the United States. Thisagreement and the resolution of any dispute related to this agreement or thissite shall be governed by and construed in accordance with the laws ofNebraska, without giving effect to any principles of conflicts of law. Failureby Godfather's Pizza to insist upon strict enforcement of any provision of thisAgreement shall not be construed as a waiver of any provision or right. Youagree that regardless of any statute or law to the contrary, any claim or causeof action arising out of or related to use of this site or this agreement mustbe filed within one (1) year after such claim or cause of action arose or beforever barred.
Any legal action or proceeding betweenGodfather's Pizza and you related to this Agreement shall be broughtexclusively in a federal or state court of competent jurisdiction sitting inthe State of Nebraska, County of Douglas. If any of these terms shall be deemedinvalid, void, or for any reason unenforceable, that term shall be deemedseverable and shall not affect the validity and enforceability of any remainingterm.
All other trademarks are the property of theirrespective owners.
© Copyright Godfather's Pizza, Inc. All rightsreserved.
QuikOrder Web Site Terms and Conditions of Use
Last Revised on February22nd, 2005
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONSUNDER WHICH QUIKORDER, INC. ("QuikOrder") OFFERS YOU ACCESS TO OURSERVICES. BY PRESSING THE "PLACE ORDER" BUTTON, YOU ACCEPT THE TERMSAND CONDITIONS BELOW AND YOU AGREE TO PERIODICALLY VISIT THIS PAGE TO DETERMINETHE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND. IF YOU DO NOTAGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.
QuikOrder may revise this Agreement at any timewithout prior notice by posting the revised terms on our web site. Such revisedterms will be effective, and apply to all orders received, from and after thedate of their posting on the site.
1. Services. QuikOrder provides the followingservices ("Services") to you free of charge:
2. Completion of Orders.
Your order is not complete until you so indicate by pressing the "PLACEORDER" button on the web site. By pressing the "PLACE ORDER"button, you confirm your acceptance of the order as entered by you, subject tothe terms and conditions of this Agreement. By so doing, you agree to purchasethe items specified on the order form. You must direct any and all payment ordelivery disputes to the Restaurant. QuikOrder typically delivers your order tothe Restaurant within ten minutes.
3. Cancellation of Orders.
Once you press the "PLACE ORDER" button, QuikOrder will begin toprocess your order. Due to the rapid transmission of an order to a Restaurant,this site provides no on-line cancellation procedure. If you want to cancelyour order, you must directly contact the Restaurant by phone to request anorder cancellation. Each Restaurant has its own cancellation policies andprocedures. QuikOrder is not responsible for canceling orders after you pressthe "PLACE ORDER" button. All issues relating to order cancellationare solely between you and the Restaurant.
6. Fees Schedule.
QuikOrder does not add any fees or costs to your order when you place an orderor use this site. All user access to this site is free. Pricing for items onthis site reflects pricing established by the participating Restaurants.QuikOrder assumes no liability for any discrepancies between the price quotedon this site and the actual price charged by the Restaurant at the time ofdelivery or pickup.
7. Intellectual Property Rights.
The trademarks, logos, and service marks (collectively the"Trademarks") displayed on this web site are the registered and/orunregistered trademarks of QuikOrder, its affiliates, or Licensors and others.Nothing contained on the web site or in this Agreement serves to grant to you,by implication, or otherwise, any license or right to use any Trademarkdisplayed on this web site without the written permission of QuikOrder or suchthird party that may own the displayed Trademark. QuikOrder is a registeredservicemark in the United States and other countries.
This web site may contain "links" to non-QuikOrder sites and it ispossible that non-QuikOrder sites also link to this web site. QuikOrder is notresponsible for the content or policies practiced by non-QuikOrder web sites.The appearance of any link to other sites does not constitute or imply anyapproval or endorsement by QuikOrder of the other sites. Your following anysuch links to other web sites is at your own risk.
11. No Agency.
Neither this Agreement nor your use of the QuikOrder web site shall establishany independent contractor, agency, partnership, joint venture, oremployee-employer relationship between you and QuikOrder and none is intended .QuikOrder does not represent any of the Restaurants and is not an agent for anyRestaurants identified on this web site.
12. Force Majeure.
QuikOrder is not liable to you or any third party for any failure of, error inor delay in performance of its Services caused by circumstances beyondQuikOrder's reasonable control, including without limitation acts of God, actsof a public enemy, fires, floods, wars, utility interruptions, computerviruses, sabotage, damage to premises, computer hardware failure, or telephoneor other telecommunications failure, acts of any governmental body, or failureof any independent contractor to perform any of its obligations.
13. Time Limitations on Actions Waiver.
Any action by you for any claim arising out of or relating to this Agreementmust be commenced not later than ninety (90) days after QuikOrder's performanceof its Services that give rise to the claim on which the action is based. Ifyou fail to commence any such action within the ninety (90) day period, theaction shall be deemed barred, and QuikOrder will have no liability whatsoeverto you with respect to the claim.
14. Choice of Law.
This web site is created and controlled by QuikOrder in the State of Illinois,U.S.A. As such, the internal laws of the State of Illinois will govern thisAgreement, without giving effect to the principles of conflicts of laws. Anydispute arising under this Agreement shall be litigated only in a federal orstate court having competent jurisdiction and located in Chicago, Illinois.QuikOrder and you mutually consent to such exclusive jurisdiction, and youhereby appoint the Secretary of State of Illinois to act as your agent forservice of process.
If any provision of this Agreement is deemed by a court of competentjurisdiction to be unlawful, void, or for any reason unenforceable in any givencircumstances, then that provision shall be deemed severable from thisAgreement and shall not affect the validity and enforceability of any remainingprovisions, or of the severed provisions in other circumstances.
444 N. Michigan Ave. - Suite 25
Chicago, IL 60611