Last updated October 1, 2015
1. General
Please read these terms and conditions carefully. By accessing or using our Website, you acknowledge that you have read, understand, and agree to be bound by all the terms of our Website Terms of Use and Privacy Policy (which is incorporate by reference). If you do not agree to the terms, you should not use our Website.
Sarpino’s USA, Inc. (“Sarpino’s”) reserves the right to make any changes to our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. We suggest, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use or Privacy Policy and you continue to use our Website, you are acknowledging and agreeing to the terms, as changed.
If you become dissatisfied with the Website, your only recourse is to immediately discontinue use of the Website. All provisions of the Terms of Use regarding representations, warranties, indemnification, disclaimers, and limitations of liability shall survive the termination of the Terms of Use.
If you have any questions or comments about these Terms of Use, please email us at info@gosarpinos.com
2. Disclaimer
YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER SARPINO’S, NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO: (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE; OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE.
THIS WEBSITE IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY INCORRECT PRICING, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SARPINO’S IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
3. Limitation of Liability
IN NO EVENT SHALL SARPINO’S BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. SARPINO’S SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
4. Indemnification
You agree to defend, indemnify and hold harmless Sarpino’s, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of this Website or a violation of this Terms of Use Agreement.
5. Copyright and Trademarks
This Website and its contents, including but not limited to text, photographs, graphics, illustrations, video, sound and other material are protected under United States copyright Laws and are the property of Sarpino’s. All logos, headers, custom graphics and icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively “Marks”) of Sarpino’s. Any copying, distributing, posting, linking, or otherwise modifying of this Website without the express written permission of Sarpino’s is strictly prohibited. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any content or any Marks in any form or by any means without the express written permission of Sarpino’s is prohibited and such conduct or actions may violate copyright, trademark laws and/or unfair competition laws of the State of Illinois and the United States.
6. Conduct and Comments
All interactions on this Website must comply with these Terms of Use. Although we welcome and encourage user interaction on our Website, we do insist and require that all users restrict any and all activity in connection with the use of this Website to that which involves lawful purposes only. You are prohibited from posting or transmitting through this Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Sarpino’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in Sarpino’s sole and unfettered discretion restricts or inhibits any other user from using or enjoying this Website is strictly prohibited. You are prohibited from using this Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Sarpino’s. The foregoing provisions of this Section 6 apply equally to and are for the benefit of Sarpino’s, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
We appreciate your comments and feedback and other types of communications you disclose or transmit to us (collectively “Submissions”). So long as no personally identifiable information is disclosed, Sarpino’s may use the Submissions for any purpose whatsoever. By making a submission, you grant Sarpino’s and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, develop, manufacture, advertise, and market your Submissions and any related copyrights, moral rights or other intellectual property rights therein. Any such use is without compensation you. By making a Submission, you also warrant that you own the material/content submitted, that it is original, that it is not defamatory, and that Sarpino’s use of the Submission will not violate any third party’s rights. Sarpino’s is under no obligation to use the information submitted.
7. Governing Law and Jurisdiction
Sarpino’s headquarters are in Illinois. These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Illinois without giving effect to any principles of conflicts of law. Any controversy or dispute involving Sarpino’s arising from or in any way related to these Terms, Privacy, or your use of the Website shall be heard exclusively in the appropriate State or Federal court in Illinois.
8. Severability
If any provision of the Terms of Use are found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.