PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
WEBSITE.
- Acceptance of terms of use and amendments
These Terms of Use (the “Terms”) is a legal contract
between you and Hungry Howie’s Pizza & Subs, Inc., a
Michigan corporation (the “Site Editor”), that governs
your use of this Website. Each time you use or cause access to
this Web Site (the “Website”), you agree to be bound
by these Terms, as amended from time to time with or without notice
to you. In addition, if you are using a particular service on
this Web Site or accessed a particular service via this Web Site,
you will be subject to any rules and/or guidelines applicable
to those services, and said rules and/or guidelines will be incorporated
by reference within these Terms.. Please read the site's Privacy
Policy, which is incorporated within these Terms by reference.
- The Site Editor's Service
This Web Site and the services provided to you on and via this
Web Site are provided on an "AS IS" basis. You agree
that the Site Editor reserves the right to modify, amend or discontinue
any or all of the provisions of this Web Site and its services,
and to remove the data you provide, either temporarily or permanently,
at any time, for any reason or no reason, without notice and without
any liability to you. If, at any time during the existence of
this Website you do not agree or cannot comply with the Terms,
your only remedy is to stop using this Website. You will be deemed
to have accepted the Terms, as amended, if you continue to use
this Website after any amendments are posted. The Site Editor
will not be held responsible or liable for timeliness, removal
of information, failure to store information, inaccuracy of information,
or improper delivery of information.
- Your Responsibilities and Registration Obligations
In order to use this Web Site or certain parts of it, you may
be required to register for a user account on this Web Site; in
this case, you agree to provide truthful information when requested.
. By registering for a user account, you hereby certify that you
are least eighteen (18) years of age. If you are under eighteen
(18) but at least thirteen (13) years of age you must present
these Terms to your parent or legal guardian and he or she must
check the box below to enter into this Agreement on your behalf.
Children under the age of thirteen (13) may not register on this
Website and parents or legal guardians may not register on their
behalf. By entering into the Website, you have indicated your
acceptance of these Terms, you represent that (i) you have read,
understood and agreed to be bound by these Terms and (ii) you
are at least eighteen (18) years old, either entering into and
agreeing to obey these Terms for yourself or entering on behalf
of your child or a child in your legal care. If you are a parent
or guardian subscribing to this Website for the benefit of your
child, please be aware that you are fully responsible for his
or her use and conduct on the Website, including all financial
charges and legal liability that he or she may incur. If you do
not agree to or cannot comply with any of the Terms, do not attempt
to access this Website.
- Privacy Policy
Registration data and other personally identifiable information
that the Website may collect is subject to the terms of the Site
Editor's Privacy Policy.
- Registration and Password
You are responsible for maintaining the confidentiality of your password,
and you will be responsible for all usage of your user account and/or
user name, whether authorized or not authorized by you. You agree
to immediately notify the Site Editor of any unauthorized use of your
user account, user name or password. The Site Editor shall not be
responsible for any losses arising out of the unauthorized use of
your user account, user name or password.
- Your Conduct
You agree that all information or data of any kind, whether text,
software, code, music or sound, photographs or graphics, video
or other materials (collectively, the "Content"), made
available publicly or privately, will be under the sole responsibility
of the person providing said Content, or of the person whose user
account is used. You agree that this Website may expose you to
Content that may be objectionable or offensive. The Site Editor
will not be responsible to you in any way for content displayed
on this Website, nor for any error or omission.
By using this Website or any service provided, you explicitly
agree that:
- You will not provide any Content or conduct yourself in any
way that may be construed as: unlawful; illegal; threatening;
harmful; abusive; harassing; stalking; tortious; defamatory;
libelous; vulgar; obscene; offensive; objectionable; pornographic;
designed to interfere with or disrupt the operation of this
Website or any service provided; infected with a virus or
other destructive or deleterious programming routine; giving
rise to civil or criminal liability; or in violation of an
applicable local, national or international law;
- You will not impersonate or misrepresent your association with
any person or entity; you will not forge or otherwise seek
to conceal or misrepresent the origin of any Content provided
by you;
- You will not collect or harvest any information about other users;
- You will not provide, and you will not use this Website to provide,
any Content or service in any commercial manner, or in any
manner that would involve junk mail, spam, chain letters,
pyramid schemes, or any other form of unauthorized advertising
or commerce; you will not use this Website to promote or operate
any service or Content without the Site Editor's prior written
consent;
- You will not provide any Content that may give rise to the Site
Editor being held civilly or criminally liable, or that may be
considered a violation of any local, national or international
law, including -- but not limited to -- laws relating to copyrights,
trademarks, patents, or trade secrets.
- Submission of Content on this Website
By providing any Content to this Website:
- You agree to grant the Site Editor a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other
necessary rights) to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to create derivative
works and compilations, in whole or in part. Such license will apply
with respect to any form, media, technology already known at the time
of provision or developed subsequently;
- You warrant and represent that you have all legal, moral, and other
rights that may be necessary to grant the Site Editor the license
specified in this section 7;
- You acknowledge and agree the Site Editor will have the right
(but not obligation), at the Site Editor's sole and absolute discretion,
to refuse to publish, or to remove, or to block access to any
content you provide, at any time and for any reason or no reason,
with or without notice.
- Third-Party Services
Goods and services of third parties may be advertised and/or may
be made available on or through this Website. Representations
made regarding products and services provided by third parties
will be governed by the policies and representations made by these
third parties. The Site Editor will not in any manner be liable
for or responsible for any of your dealings or interaction with
third parties.
- Indemnification
You agree to indemnify and hold harmless the Site Editor and the
Site Editor's representatives, subsidiaries, affiliates, related
parties, officers, directors, employees, agents, independent contractors,
advertisers, partners, and co-branders, from any claim or demand,
including reasonable legal fees, that may be filed by any third
party, arising out of your conduct or connection with this Website
or service, your provision of content, your violation of these
Terms, or any other violation by you of the rights of another
person or party.
- DISCLAIMER OF WARRANTIES
THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT
ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE,
TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED
EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER
FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR
NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF
ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA
THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE
EDITOR WILL NOT BE HELD LIABLE IN ANY WAY.
THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS,
THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE,
VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY,
NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT
IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT
NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES
PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER
INFORMATION OBTAINED VIA THIS WEBSITE MAY BE USED SOLELY AT YOUR
OWN RISK, AND THAT THE SITE EDITOR WILL NOT BE HELD LIABLE IN
ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties,
and certain statements in the above disclaimer may not apply to
you as regards implied warranties; the other terms and conditions
remain enforceable notwithstanding.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY
TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR
SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO THROUGH ANY OF
THE SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY
THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability
and, therefore, such limitations may not apply to you.
- Reservation of rights
The Site Editor reserves all of the Site Editor's rights, including
but not limited to any and all copyrights, trademarks, patents, trade
secrets, and any other proprietary right that the Site Editor may
have with respect to this Website, its Content, and goods and services
that may be provided. The use of the Site Editor's rights and property
requires the Site Editor's prior written consent. By making services
available to you, the Site Editor is not providing you with any implied
or express licenses or rights, and you will have no rights to make
any commercial use of this Website or provided services without the
Site Editor's prior written consent.
Notification of copyright infringement
If you believe that your property has been used in any way that
could be considered a copyright infringement or a violation of
your intellectual property rights, the Site Editor\'s copyright
agent may be contacted via: e-mail to the site administrator
[Other contact information, if published on the site:]
- Applicable law
You agree that these Terms of use and any dispute arising out
of your use of this Website or products or services provided will
be governed by and construed in accordance with local laws applicable
at the Site Editor's domicile, notwithstanding any differences
between the said applicable legislation and legislation in force
at your location. By registering for a user account on this Website,
or by using this Website and the services it provides, you accept
that jurisdiction is granted to the courts having jurisdiction
over the Site Editor's domicile, and that any disputes will be
heard by the said courts.
- Miscellaneous information
The Site Editor may in its sole discretion terminate these Terms or
suspend your account at any time without notice to you in the event
that you breach (or the Site Editor reasonably suspects that you have
breached) any provision of these Terms. If the Site Editor terminates
these Terms, or suspends your account for any of the reasons set forth
herein, the Site Editor shall have no liability or responsibility
to you.
- In the event that any provision of these Terms is deemed to conflict
with legislation by a court with jurisdiction over the parties, then
said provision will be interpreted to reflect the original intentions
of the parties in accordance with applicable law, and the remainder
of these Terms will remain valid and applicable;
- The failure of either party to assert any right under these Terms
will not be considered to be a waiver of that party's right, and the
said right will remain in full force and effect;
- You agree that any claim or cause in respect of this Website or its
services must be filed within six (6) months after such claim or cause
arose, or said claim or cause will be forever barred, without regard
to any contrary legislation;
- The Site Editor may assign the Site Editor's rights and obligations
under these Terms without notification to you; in the event of an
assignment, the Site Editor will be relieved of any further obligation.
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