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Artuzzi’s Italian Kitchen
Website
Terms and Conditions
General
Artuzzi’s Italian Kitchen is a fast casual
Italian restaurant serving fresh pasta,
gourmet individual pizzas, chopped salads
and toasted Ciabatta sandwiches.
You have accessed the Terms and Conditions
applicable to the Artuzzi’s Italian Kitchen
website.
PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE
OF ARTUZZI’S ITALIAN KITCHEN WEBSITE. BY
USING OUR WEBSITE, YOU AGREE TO BE BOUND BY
THESE TERMS AND CONDITIONS, AS THEY MAY BE
MODIFIED BY ARTUZZI’S ITALIAN KITCHEN FROM
TIME-TO-TIME AND POSTED ON THIS WEBSITE.
The Site is owned, provided and operated by
Artuzzi’s Italian Kitchen Franchise LLC.
Each user of Artuzzi’s Italian Kitchen
Website agrees as follows:
Unauthorized
Access, Copying or Downloading
Artuzzi’s Italian Kitchen specifically
prohibits access to any Artuzzi’s Italian
Kitchen Website for any unlawful purpose.
Information on Artuzzi’s Italian Kitchen
Websites may be downloaded, but it cannot be
distributed or linked to third party sites
without first obtaining Artuzzi’s Italian
Kitchen permission. See the content usage
permission
and linking policy for more details.
User
Registration and Account Creation, User Name
ID and Password Security
If
any portion of a Artuzzi’s Italian Kitchen
Website provides for registration or
creation of a user account and you wish to
register or create a user account, you agree
that you will provide Artuzzi’s Italian
Kitchen with accurate, truthful, and current
registration information. You agree that you
will not: (i) select a username that, to
your knowledge, is already used by another
person; (ii) use a username in which another
person has rights without such person's
authorization; or (iii) use a username or
password that Artuzzi’s Italian Kitchen
deems inappropriate. Artuzzi’s Italian
Kitchen has no obligation to verify the
authenticity of any registration
information, but reserves the right to
refuse to create your account for any
reason. You are solely responsible for
maintaining the confidentiality of your
registration information and passwords.
Artuzzi’s Italian Kitchen will have the
right to rely upon any information received
from any person using a password assigned to
you and will incur no liability arising out
of such reliance. Artuzzi’s Italian Kitchen
reserves the right to terminate access to
all or any portion of a Artuzzi’s Italian
Kitchen Website at any time without notice.
Where applicable, Artuzzi’s Italian Kitchen
will handle user information that you submit
to a Artuzzi’s Italian Kitchen Website in
accordance with the Website's Privacy
Policy.
Third Party
Products and Services
From time to time, products and services
provided by third parties (the "Third Party
Services") may be offered for sale or made
available through links from a Artuzzi’s
Italian Kitchen Website. Except to the
extent expressly stated otherwise on a
Artuzzi’s Italian Kitchen Website, Artuzzi’s
Italian Kitchen has no control over any such
Third Party Services. In no event will
Artuzzi’s Italian Kitchen have any liability
related to the Third Party Services. Any
such offer of the Third Party Services does
not constitute an endorsement by Artuzzi’s
Italian Kitchen of the Third Party Services
or the providers thereof.
Third Party
Content, Products and Services; Links
Periodically, links may be established
between a Artuzzi’s Italian Kitchen Website
and websites operated or content provided by
third parties (each a “Third Party
Website”). For purposes of these Terms and
Conditions, the term "link" includes both
outlinks (hypertext links to external
websites or content) and inlinks (hypertext
links that draw material from other sources
into a Artuzzi’s Italian Kitchen Website).
Non-Confidentiality of Communications
If
you send a message or information to a
Artuzzi’s Italian Kitchen Website, such as
(but not limited to) an e-mail to the
Webmaster, you hereby grant to Artuzzi’s
Italian Kitchen Franchise LLC the right to
use and disclose the communication and any
related information as Artuzzi’s Italian
Kitchen Franchise LLC deems appropriate,
except to the extent the Artuzzi’s Italian
Kitchen Website or the Website privacy
policy specifies otherwise. YOU ARE
HEREBY ADVISED THAT, EXCEPT TO THE EXTENT
EXPRESSLY PROVIDED OTHERWISE ON A ARTUZZI’S
ITALIAN KITCHEN WEBSITE, NO
FACILITIES ARE PROVIDED AND NO PROVISIONS
ARE MADE FOR SENDING OR RECEIVING
CONFIDENTIAL COMMUNICATIONS. TO THE EXTENT
SUCH FACILITIES ARE PROVIDED OR PROVISIONS
ARE MADE, IT IS SOLELY ON AN "AS IS" BASIS,
WITH NO WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED.
No Warranties;
Limitation of Liability
Although Artuzzi’s Italian Kitchen Franchise
LLC attempts to provide useful Information,
Artuzzi’s Italian Kitchen Franchise LLC does
not guarantee that the Information posted on
or linked to any Artuzzi’s Italian Kitchen
Website is accurate, current or suitable for
any particular purpose. Artuzzi’s Italian
Kitchen assumes no obligation to update or
continue to post or link to the Information.
Artuzzi’s Italian Kitchen does not guarantee
that access to any Artuzzi’s Italian Kitchen
Website will be uninterrupted, or that a
Artuzzi’s Italian Kitchen Website cannot be
tampered with by third parties. While
Artuzzi’s Italian Kitchen has implemented
security measures designed to protect most
information sent to the Artuzzi’s Italian
Kitchen Websites, Artuzzi’s Italian Kitchen
does not guarantee that information sent to
a Artuzzi’s Italian Kitchen Website will not
be obtained, reviewed, disclosed or tampered
with by third parties. THE ARTUZZI’S
ITALIAN KITCHEN WEBSITES, THE INFORMATION
POSTED OR LINKED THERETO AND ANY SOFTWARE
RELATED THERETO ARE PROVIDED ON AN "AS IS"
BASIS, WITH NO WARRANTIES OF ANY KIND
WHATSOEVER, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES OF TITLE OR ACCURACY OR ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. USE OF THE
ARTUZZI’S ITALIAN KITCHEN WEBSITES, SUCH
INFORMATION AND SUCH SOFTWARE IS AT THE
USER'S SOLE RISK. IN NO EVENT WILL ARTUZZI’S
ITALIAN KITCHEN BE LIABLE FOR ANY DAMAGES
WHATSOEVER ARISING OUT OF OR RELATED TO ANY
ARTUZZI’S ITALIAN KITCHEN WEBSITE
(INCLUDING, BUT NOT LIMITED TO ANY SOFTWARE
RELATED THERETO), ANY THIRD PARTY WEBSITE,
ANY THIRD PARTY SERVICES OR ANY INFORMATION
CONTAINED IN OR LINKED TO ANY ARTUZZI’S
ITALIAN KITCHEN WEBSITE OR ANY OTHER
WEBSITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER
UNDER A CONTRACT, TORT OR ANY OTHER THEORY
OF LIABILITY, EVEN IF ARTUZZI’S ITALIAN
KITCHEN IS AWARE OF THE POSSIBILITY OF SUCH
DAMAGES.
Choice of Law;
Access Restrictions
These Terms and Conditions will be construed
in accordance with the substantive laws of
the State of Georgia, United States of
America, excluding provisions of Georgia law
concerning choice-of-law that would result
in the laws of any state or country other
than Georgia being applied. Any claims,
actions or proceedings related to a
Artuzzi’s Italian Kitchen Website or these
Terms and Conditions must be brought in the
federal District Court for the Northern
District of Georgia, Atlanta Division. By
using a Artuzzi’s Italian Kitchen Website,
you agree to submit to the jurisdiction of
said court for such purposes. ARTUZZI’S
ITALIAN KITCHEN OPERATES THE ARTUZZI’S
ITALIAN KITCHEN WEBSITES FROM ITS OFFICES IN
THE COMMONWEALTH OF GEORGIA OF THE UNITED
STATES OF AMERICA. ARTUZZI’S ITALIAN KITCHEN
MAKES NO REPRESENTATION OR WARRANTY THAT THE
INFORMATION CONTAINED IN OR LINKED TO ANY
ARTUZZI’S ITALIAN KITCHEN WEBSITE IS
APPROPRIATE OR LEGALLY AVAILABLE FOR
DISTRIBUTION, DISPLAY OR USE IN LOCATIONS
OTHER THAN THE UNITED STATES OF AMERICA, AND
ACCESS TO SUCH INFORMATION FROM
JURISDICTIONS WHERE SUCH ACTIVITIES ARE NOT
LEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS
OR USE ANY INFORMATION FROM OR THROUGH A
ARTUZZI’S ITALIAN KITCHEN WEBSITE, YOU ARE
SOLELY RESPONSIBLE FOR ENSURING THAT SUCH
ACCESS AND USE IS PERMISSIBLE UNDER THE LAWS
OF THE JURISDICTION IN WHICH YOU ARE
LOCATED.
Supplemental
Terms and Conditions
Supplemental or different terms and
conditions than those set forth in these
Terms and Conditions may be applicable to
information you receive or transactions you
engage in using a Artuzzi’s Italian Kitchen
Website. Any such supplemental or different
terms and conditions (i) will be disclosed
to you, either by being posted on the
applicable Artuzzi’s Italian Kitchen Website
or by being included in a separate
agreement, (ii) will be in addition to these
Terms and Conditions, (iii) will, if
expressly so indicated, supersede specific
portions of these Terms and Conditions, and
(iv) will be binding on you by virtue of
your use of the applicable Artuzzi’s Italian
Kitchen Website.
Severability
The provisions of these Terms and Conditions
are severable. If any such provision is
determined to be unenforceable, such
unenforceability will not affect any other
provision of these Terms and Conditions, and
the Terms and Conditions will be construed
as if such unenforceable provision had not
been contained herein. No waiver by
Artuzzi’s Italian Kitchen of any right under
or provision of these Terms and Conditions
will be deemed to be either a waiver of any
other such right or provision or a waiver of
that same right or provision at any other
time.
Indemnification
You agree to indemnify and hold harmless
Artuzzi’s Italian Kitchen Franchise LLC and
each of its directors, officers, employees
and agents from and against any and all
injuries, damages, losses, liabilities,
claims, judgments and settlements, including
all reasonable costs, expenses and attorneys
fees, arising out of any action or claim
related to any negligent or willful act or
omission by you while accessing a Artuzzi’s
Italian Kitchen Website or your failure to
comply with any of these terms and
conditions.
Terms and Conditions Continued:
Intellectual Property
Intellectual Property
Except as otherwise noted in a Website, all
information, documentation and other content
(collectively, the "Content") posted in a
Artuzzi’s Italian Kitchen Website is the
property of Artuzzi’s Italian Kitchen
Franchise LLC.
OUR
PROPRIETARY MATERIALS
We
welcome you to our Site and we invite you to
use it within the following rules:
You may use the Site and the Contents and
Software solely as and for the purposes
stated on the Site. You may make one copy of
relevant Content for your non-commercial use
only, provided you do not delete or change
any copyright, trademark, or other
proprietary notices. Beyond that, no text,
logo, graphic, sound, image, photograph or
Software published on or underlying this
Site may be copied, modified, published or
otherwise distributed or used without the
prior express written permission of
Artuzzi’s Italian Kitchen Franchise LLC.
Except as otherwise expressly stated herein,
you may not alter, modify, copy, distribute
(for compensation or otherwise), transmit,
display, perform, reproduce, reuse, post,
publish, license, hyperlink to, promote,
frame, download, cache, store for subsequent
use, create derivative works from, transfer,
or sell any information or Content displayed
on or obtained from this Site, in any
manner, without your receipt of the prior
written authorization of Artuzzi’s Italian
Kitchen Franchise LLC. You may not resell,
decompile, reverse engineer, disassemble, or
otherwise convert the Software underlying
this Site to a human perceivable form.
The information on this Site, the design and
layout of the Site, the Content and Software
contain elements protected by trade dress,
copyright, or other laws, and may not be
copied or imitated in whole or in part,
except as noted stated on the Site or in the
Terms and Conditions. All Content, Software
and materials on and underlying this Site
are copyright © 2006 Artuzzi’s Italian
Kitchen Franchise LLC or are licensed or
otherwise used by Artuzzi’s Italian Kitchen
Franchise LLC with permission. Except where
noted otherwise in these Terms and
Conditions, all rights to these materials
are reserved by Artuzzi’s Italian Kitchen
Franchise LLC or their respective owners.
The " Artuzzi’s Italian Kitchen " and the
distinctive yellow oval and other logos are
trademarks and service marks of the
Artuzzi’s Italian Kitchen Franchise LLC,
which reserves all rights to its marks and
logos.
All Site Content and functionality, and all
Software underlying this Site, may be
changed or updated by us from time to time,
without notice. Although Artuzzi’s Italian
Kitchen cannot monitor the conduct of users
of the Site, it is a violation of the Terms
and Conditions to use the Site or any
information obtained from this Site in order
to harass, abuse, or harm another person, or
in order to contact, advertise to, solicit
or sell to any person featured on the Site.
The use of the Site (including, without
limitation, photographs or images), by you,
or anyone else authorized by you, is
prohibited except as allowed by these Terms
and Conditions. Any unauthorized use of the
Site, the Content or Software may violate
copyright laws, trademark laws, the laws of
privacy and publicity, and applicable
regulations and statutes. You agree not to
delete any copyright or similar notice from
any Content.
Use of
Artuzzi’s Italian Kitchen
Artuzzi’s Italian Kitchen names, logos,
designs, slogans, trademarks and service
marks may not be used in any advertising,
publicity or promotion or in any other
commercial manner without the prior written
consent of Artuzzi’s Italian Kitchen.
Artuzzi’s Italian Kitchen corporate logo may
be used as a web page link in some
circumstances, provided you obtain Artuzzi’s
Italian Kitchen prior written consent.
The Designated
Agent for Notice of Alleged Infringement
Artuzzi’s Italian Kitchen respects the
intellectual property of others and we
expect visitors to our websites to do the
same. Artuzzi’s Italian Kitchen reserves the
right to delete material transmitted to
Artuzzi’s Italian Kitchen by any electronic
means or posted into any portion of a
Artuzzi’s Italian Kitchen Website that
Artuzzi’s Italian Kitchen believes may
infringe on the intellectual property rights
of Artuzzi’s Italian Kitchen or others.
If
you believe that any content infringes your
intellectual property, please notify
Artuzzi’s Italian Kitchen as soon as the
alleged infringement comes to your
attention. Notice should be provided to
Artuzzi’s Italian Kitchen’s copyright notice
agent in the manner prescribed below. Your
notice should contain the following
information and any other information you
believe is appropriate to assist Artuzzi’s
Italian Kitchen:
-
A physical or electronic signature of the person
submitting the notice of the alleged
infringement.
-
Identification of the copyrighted work claimed to
have been infringed, or, if multiple
copyrighted works at a single site are
covered, a representative list of such
works at that site.
-
Identification of the material claimed to be
infringing and information reasonably
sufficient to permit Artuzzi’s Italian
Kitchen to locate the material.
-
Your address, telephone number, and if available,
an electronic mail address at which you
may be contacted.
-
A statement that you, in good faith, believe that
the use of the material in the manner
complained of is not authorized by the
copyright owner, its agent or the law.
-
A statement by you, made under penalty of perjury,
that the above information in your
notice is accurate and that you are the
copyright or intellectual property owner
or authorized to act on the copyright or
intellectual property owner's behalf.
Artuzzi’s Italian Kitchen’s agent for notice
of alleged infringement involving a ABC
Website can be reached at
info@artuzzis.com |