Please read this agreement carefully before using the Godfather's Pizza Web site. By using the site you agree to be bound by this agreement. Godfather's Pizza provides the information and services on this site to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the site constitutes your agreement to all such terms, conditions and notices. Your use of the site is subject to the additional disclaimers and notices that may appear throughout the site. Godfather's Pizza and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this site. While Godfather's Pizza strives to keep the information on this site accurate, complete and up-to-date, Godfather's Pizza and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
We may provide information related to our restaurant locations, promotions, fundraising and franchising opportunities. Godfather's Pizza grants you access to the site during the term of this agreement solely to receive these services. You may access, download, and print materials as necessary to receive these services. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other Web site, or sell any information, databases or lists obtained from the site. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Web site without Godfather's Pizza's prior written permission. You will comply with all privacy laws.
All materials on this site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, or used with permission that is granted to Godfather's Pizza. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of Godfather's Pizza. Godfather's Pizza and other logos, product and service names are trademarks and service marks owned by or licensed to Godfather's Pizza or its affiliates. Without the prior written permission of Godfather's Pizza, or its appropriate affiliates, you agree not to display or use in any manner.
Attention Franchisees: Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the site is terminated, you will immediately notify Godfather's Pizza, and cease using the site and any information obtained from the site, and destroy all copies of your account information, password and any information obtained from the site.
You agree that you will not disclose confidential information to any person or entity outside of your organization. You will not use or permit the use of any confidential information except as necessary in connection with the services provided. You shall use at least the same degree of care in safeguarding the confidential information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. "Confidential Information" means all information or material which is obtained from password protected portions of the site or which is marked "Confidential," "Restricted," or other similar marking, known by the parties to be considered confidential, or which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
No Unlawful or Prohibited Use
As a condition of your use of this site, you warrant to Godfather's Pizza that you will not use this site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the site automatically terminates. You may not without the prior written permission of Godfather's Pizza use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Godfather's Pizza EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT GODFATHER'S PIZZA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (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 OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE 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 the site for the stated purposes of this agreement and to authorize others to do so.
Changes to Site
Godfather's Pizza may make improvements or changes in the information, services, products, and other materials on this site, or terminate this site at any time. Godfather's Pizza may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement. MISCELLANEOUS This site is intended to and directed to residents of the United States and all advertising claims contained in this site are valid only in the United States. This agreement and the resolution of any dispute related to this agreement or this site shall be governed by and construed in accordance with the laws of Nebraska, without giving effect to any principles of conflicts of law. Failure by Godfather's Pizza to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any legal action or proceeding between Godfather's Pizza and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Nebraska, County of Douglas. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
All other trademarks are the property of their respective owners.
© Copyright Godfather's Pizza, Inc. All rights reserved.
QuikOrder Web Site Terms and Conditions of UseLast Revised on February 22nd, 2005
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH QUIKORDER, INC. ("QuikOrder") OFFERS YOU ACCESS TO OUR SERVICES. BY PRESSING THE "PLACE ORDER" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW AND YOU AGREE TO PERIODICALLY VISIT THIS PAGE TO DETERMINE THE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.
QuikOrder may revise this Agreement at any time without prior notice by posting the revised terms on our web site. Such revised terms will be effective, and apply to all orders received, from and after the date of their posting on the site.
1. Services. QuikOrder provides the following services ("Services") to you free of charge:
- a.By using the QuikOrder web site you are able to place an order for food items, for either delivery or pick-up. After you complete your order by pressing the "PLACE ORDER" button on the web site, QuikOrder electronically delivers your order to the restaurant(s) that you select for your order ("Restaurant"). QuikOrder provides no other services for you through our web site. QuikOrder is not responsible for responding to any subsequent questions or disputes regarding payment for or delivery or non-delivery of your order.
- b.QuikOrder reserves the right to deny access to this web site to any person who places false, fraudulent or misleading orders or otherwise misuses this web site. This site is provided as a convenience to customers and members of the general public for their personal use only. You may not "mirror", re-post or otherwise use this web site for any commercial purpose without QuikOrder's prior written permission.
2. Completion of Orders.
Your order is not complete until you so indicate by pressing the "PLACE ORDER" button on the web site. By pressing the "PLACE ORDER" button, you confirm your acceptance of the order as entered by you, subject to the terms and conditions of this Agreement. By so doing, you agree to purchase the items specified on the order form. You must direct any and all payment or delivery disputes to the Restaurant. QuikOrder typically delivers your order to the Restaurant within ten minutes.
3. Cancellation of Orders.
Once you press the "PLACE ORDER" button, QuikOrder will begin to process 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 cancel your order, you must directly contact the Restaurant by phone to request an order cancellation. Each Restaurant has its own cancellation policies and procedures. QuikOrder is not responsible for canceling orders after you press the "PLACE ORDER" button. All issues relating to order cancellation are solely between you and the Restaurant.
6. Fees Schedule.
QuikOrder does not add any fees or costs to your order when you place an order or use this site. All user access to this site is free. Pricing for items on this site reflects pricing established by the participating Restaurants. QuikOrder assumes no liability for any discrepancies between the price quoted on this site and the actual price charged by the Restaurant at the time of delivery or pickup.
7. Intellectual Property Rights.
- a.You should assume that everything you see, read or hear on the Web Site is copyrighted under both United States and foreign laws unless otherwise noted. All products referred to by this site are protected by copyright and other intellectual property laws, and all intellectual property rights in the products belong to QuikOrder or its licensors. You may not reproduce, publish, transmit, modify, create derivative works from, publicly display, or publicly perform any product in any manner without QuikOrder's prior written consent.
- b.You may not decompile, reverse engineer or disassemble any Content or any other aspect of the QuikOrder web site.
- c.QuikOrder disclaims any responsibility for copyright or other intellectual property infringement claims made by any third parties as a result of your use of any images, texts or materials on this web site.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this web site are the registered and/or unregistered 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 Trademark displayed on this web site without the written permission of QuikOrder or such third party that may own the displayed Trademark. QuikOrder is a registered servicemark in the United States and other countries.
This web site may contain "links" to non-QuikOrder sites and it is possible that non-QuikOrder sites also link to this web site. QuikOrder is not responsible for the content or policies practiced by non-QuikOrder web sites. The appearance of any link to other sites does not constitute or imply any approval or endorsement by QuikOrder of the other sites. Your following any such links to other web sites is at your own risk.
- a.QUIKORDER PROVIDES THIS WEB SITE, ITS SERVICES, ITS SUBCONTRACTORS' SERVICES, THE CONTENT, THE MENU ITEMS AND PRICING ON AN "AS IS" BASIS. QUIKORDER AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE, THE SERVICES, MENU ITEMS, PRICING, CONTENT, PRODUCTS OR OTHER ITEMS INCLUDED ON THIS WEB SITE FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, QUIKORDER SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL QUIKORDER, ITS SUPPLIERS OR OTHERS INVOLVED IN THE CREATION OR DELIVERY OF THE WEB SITE OR CONTENTS BE LIABLE FOR ANY DAMAGES, INCLUDING EXEMPLARY, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OR INABILIITY TO USE THIS WEB SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, OR THE PROVISION OF OR FAILURE TO PROVIDE ANY SERVICES. IN NO EVENT SHALL QUIKORDER'S LIABILITY ARISING UNDER OR RELATING TO THIS AGREEMENT OR ANY SERVICES PROVIDED HEREUNDER EXCEED IN THE AGGREGATE ONE HUNDRED DOLLARS ($100).
- b.QuikOrder reserves the right to amend, correct, add, delete or modify information on its web site and any Content at any time in its sole discretion.
Neither this Agreement nor your use of the QuikOrder web site shall establish any independent contractor, agency, partnership, joint venture, or employee-employer relationship between you and QuikOrder and none is intended . QuikOrder does not represent any of the Restaurants and is not an agent for any Restaurants identified on this web site.
12. Force Majeure.
QuikOrder is not liable to you or any third party for any failure of, error in or delay in performance of its Services caused by circumstances beyond QuikOrder's reasonable control, including without limitation acts of God, acts of a public enemy, fires, floods, wars, utility interruptions, computer viruses, sabotage, damage to premises, computer hardware failure, or telephone or other telecommunications failure, acts of any governmental body, or failure of 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 Agreement must be commenced not later than ninety (90) days after QuikOrder's performance of its Services that give rise to the claim on which the action is based. If you fail to commence any such action within the ninety (90) day period, the action shall be deemed barred, and QuikOrder will have no liability whatsoever to 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 this Agreement, without giving effect to the principles of conflicts of laws. Any dispute arising under this Agreement shall be litigated only in a federal or state court having competent jurisdiction and located in Chicago, Illinois. QuikOrder and you mutually consent to such exclusive jurisdiction, and you hereby appoint the Secretary of State of Illinois to act as your agent for service of process.
If any provision of this Agreement is deemed by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable in any given circumstances, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, or of the severed provisions in other circumstances.
444 N. Michigan Ave. - Suite 25
Chicago, IL 60611