Thank you for visiting our site. In this Terms & Conditions of Use, "we", "our" or "us" refers to Gionino’s Pizzeria, Inc., Gioninos.com and its affiliates (collectively "GIONINOS"). GIONINOS provides use of the site Gioninos.com (the "Site" or "Website") subject to the following terms and conditions.
PLEASE READ THE ENTIRE TERMS & CONDITIONS OF USE CAREFULLY BEFORE YOU USE ANY PART OF THIS WEBSITE. IF YOU DO NOT AGREE TO ALL THE TERMS SET FORTH HEREIN YOU MAY NOT USE THIS WEBSITE OR ANY OF ITS FEATURES OR SERVICES. BY USING THIS WEBSITE OR ITS FEATURES OR SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS & CONDITIONS OF USE IN THEIR ENTIRETY.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS WEBSITE OR ANY OF ITS FEATURES OR SERVICES.
Online ordering information and certain other information about you are subject to our Website Privacy Statement and Security Agreement. For more information, please see our full Privacy Statement & Website Security Policy.
This Terms & Conditions of Use Agreement ("Agreement") sets forth the Website use guidelines. By using the GIONINOS Website you (as a "User") agree to these terms and conditions. A "User" is defined as any visitor to the Website including both registered and unregistered visitors (all visitors have the ability to browse the Website, including through a mobile device). Certain areas or features of this Website may be restricted to Users who have obtained an ID and password by completing a registration process. Please be sure to protect and maintain the confidentiality of any information you may obtain in connection with your use of this Website. You agree to notify GIONINOS immediately if you believe your ID, password or other identifying information has been lost, stolen or otherwise compromised. If you do not agree to the terms and conditions of this Agreement, you should immediately discontinue use or viewing of this Website.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at GIONINOS.com. Your continued use of the Website after amendments are posted constitutes acknowledgement and acceptance of the terms & conditions of use and modifications. Except as provided in this paragraph, this Agreement may not be amended.
Gioninos.com is an online ecommerce service which allows customers to order and purchase GIONINOS food online for pickup or delivery as well as gift cards and apparel.
GIONINOS provides a secure online ordering process, with bank grade security SSL certificates with extended validation and encrypted databases, for the transfer of Users’ information including credit card data for purchase orders and messages back and forth between Users and GIONINOS.
By visiting our Website you are granted a limited use license to use the Content only for the purpose of requesting services. The downloading of the whole or significant portions of any content or database is strictly prohibited. Resale of any Content or database or portion thereof, is also prohibited. Violation of this license may result in legal action being taken against you.
You acknowledge and agree that this Website contains information, data, software, photographs, graphics, text, images, logos, icons, scripts, code, typefaces, audio and video material, and/or other material (collectively referred to as "Content") which are protected by copyrights, trademarks, patents, service marks, or other proprietary rights, and that these rights are valid in all forms, media, and technologies existing now or hereinafter developed.
All Content displayed on this Website and all software, data and information used to create this Website and the Content, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, service marks, patents and other intellectual property rights, or proprietary rights therein or thereto, are owned by GIONINOS, suppliers or licensors, and are protected under U.S. and international copyright, trademark and other applicable laws and treaties including international trade and export laws. All rights not expressly granted to you by us in this Agreement are reserved to GIONINOS and you acknowledge and agree that you do not acquire any ownership rights by accessing or downloading any material or Content from the Website as authorized hereunder.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED BY GIONINOS ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS ONLY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIONINOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. GIONINOS SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS SITE. IN ADDITION, GIONINOS DOES NOT WARRANT OR REPRESENT THE FOLLOWING: (1) THE SITE WILL MEET YOUR REQUIRMENTS, (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (5) THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (6) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF GIONINOS AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR VENDORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION FOR ANY SUCH DAMAGE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS OF USE.
THE MATERIAL AVAILABLE THROUGH THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. BEFORE YOU ACT ON ANY INFORMATION YOU’VE FOUND ON THIS SITE, YOU SHOULD INDEPENDENTLY CONFIRM ANY FACTS THAT ARE IMPORTANT TO YOUR DECISION. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE SITE, YOU EXPRESSLY AGREE THAT YOU DO SO AT YOUR OWN RISK.
GIONINOS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTY OF NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSION MAY NOT APPLY TO YOU.
GIONINOS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST INCOME, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OR THE INABILITY TO USE THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA PROVIDED ON THE SITE BY YOU, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF GIONINOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
GIONINOS ALONG WITH ANY USER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
The Website you are visiting was not designed for anyone under the age of 18. We are not responsible for any access or use of this Website by children or minors under the age of 18. This Website does not sell products designated for purchase by children under the age of 13 or anyone under the age of 18 nor is it designed for their use or entertainment.
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 providers of such protections are available to you online.
Please see our COPPA Information provided in our Privacy Statement for more information regarding use of this Website and children under the age of 13 and anyone under the age of 18.
Through the Bureau of Industry and Security and its use of the Export Administration Regulations, the United States government has implemented export control laws that regulate the export and re-export of technology originating from within the United States. This technology includes the electronic transmission of information or software. The export control laws regulate the exporting or re-exporting of this technology to foreign countries and to certain foreign nationals. You agree to abide by these laws and regulations, including but not limited to, the Export Administration Act, U.S. Foreign Corrupt Practices Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Website to either a foreign national or foreign destination in violation of such laws.
GIONINOS reserves the right to modify or discontinue the Website without notice to the User. GIONINOS shall not be liable to a User or any third party should GIONINOS exercise its right to modify or discontinue the Website. Each User acknowledges and accepts that GIONINOS does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
GIONINOS reserves the right to update and/or correct publishing or pricing errors on its Website. Food descriptions, depictions and illustrations or photographs on the Website are for general illustrative purposes only. The actual item may vary slightly from what is illustrated online. Access to the Website or its food and menu listings does not guarantee a food item is available.
GIONINOS may include links to other websites that are owned and operated by online merchants, vendors, suppliers, service providers and/or other third parties (collectively referred to as "Vendor(s)"). Any such links to Vendors or third party sites are provided for your convenience only, and such links do not imply endorsement by GIONINOS of such other third party sites or Vendor sites or the content contained therein. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party or Vendor site. You should contact the site administrator or webmaster for those third-party or Vendor sites if you have any concerns regarding such links or the content located on such sites. Your use of third-party or Vendor sites is subject to the terms & conditions of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said terms & conditions and privacy policies of any Vendor sites.
GIONINOS disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity concerning Vendors and you agree that any recourse for dissatisfaction or problems with Vendors will be sought from the Vendor and not from GIONINOS as you agree to waive any claim you may have against us with respect to Vendors.
This Agreement will be governed by and construed in accordance with the laws of the United States of America, without regard to any principals of conflicts of law. Any and all services and rights of use hereunder are considered performed in the State of Ohio, United States and You agree that any action at law or in equity that arises out of or relates to this Website or this Agreement will be filed only in the state or federal courts located in Ohio and the Federal Northern District of Ohio, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
GIONINOS is operated in the United States of America and makes no warranty that the materials and content on the site are appropriate or available for use outside the United States. You assume all knowledge of applicable laws and are responsible for compliance with any such laws. You may not use our Website or services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for local laws, if and to the extent that local laws are applicable.
All Content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of GIONINOS, with all rights reserved. Any use of Content on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Gionino’s Pizzeria, Inc., is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our Site pages or the Content.
Gioninos™ and Gioninos Pizzeria™ are proprietary marks of Gionino’s Pizzeria, Inc., whose trademarks may not be used in connection with any product or service that is not provided by GIONINOS, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits GIONINOS.
All other trademarks displayed on the Website are the trademarks of their respective owners and may only be used with the permission of the particular owner. These other trademarks constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with GIONINOS.
We respect the intellectual property of others and we ask our Users to do the same. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
Pursuant to Section 512(c) of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, Gionino’s Pizzeria, Inc. and GIONINOS.com designate the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Email: firstname.lastname@example.org
GIONINOS retains the right, at our sole discretion, to terminate any User involved with botnets and related activities. If any hostnames are used as command and control points for botnets, GIONINOS reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Use of the Website by you for spamming is strictly prohibited.
These Terms & Conditions of Use constitute the entire agreement and understanding between you and us, superseding any prior agreements and understandings, and govern your use of the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to enforce or exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and in full force and effect. You agree that this Agreement and any others referenced herein may be assigned by GIONINOS, in our sole discretion, to a third party in the event of a merger or acquisition. The section titles and headings in this Agreement are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between GIONINOS and any user.
Any rights not expressly granted herein are reserved by and for us.
From time to time, GIONINOS may offer you the option to receive coupons, discounts, participate in contests, sweepstakes, or surveys. If you would like to participate, we may ask you for contact information, preferences or other information. This information may be used to conduct research, improve our offerings, or contact you regarding our services or to award prizes. Our contests may have separate rules and we will identify how the information that you supply will be used in each case.
By submitting information to GIONINOS through this Website or otherwise you are making an inquiry as to services offered by GIONINOS and give GIONINOS permission to contact you through Email, fax, or telephone, or any means, even if your phone number is on a "Do Not Call" list.
Certain sections or pages on this Website may contain separate terms and conditions, which are in addition to this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.
Gionino’s Pizzeria, Inc. will use commercially reasonable efforts to promptly respond and resolve any problem or question.
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