- Acceptance of Terms and Conditions
- IP Protocol Addresses and Web Logs
- Children & Data Collection
- Copyrights & Trademarks
- Materials & Acceptance Use
- Feedback & Submissions
- Restrictions on Use
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- Choice of Law & Dispute Resolution
- No Assignment
- No Waiver
- Complete Understanding
1. Acceptance of Terms and Conditions
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS FOR THIS WEBSITE.
MD Pizza LLC in conjunction with Franchise Brands LLC (“FB”) and SAAL Publishing Company (“SPC”) operates and hosts the website located at www.mamadelucaspizza.com (the “Site”) on servers in the United States of America.
Franchise World Headquarters, LLC (“FWH”) is an affiliate of, and service provider to MD Pizza LLC (“MDP”) the owner of the Mama DeLuca’s Pizza® Restaurant System. MDP owns and licenses the Mama DeLuca’s® trademark to its affiliates and franchisees in order to develop Mama DeLuca’s Pizza® restaurants in the United States of America. FWH, FB, SPC and MDP are collectively referred to herein as the “MDP Group”
BY ACCESSING, BROWSING, AND/OR USING THE PAGES OR SERVICES POSTED ON THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”). YOU CONSENT TO RECEIVE REQUIRED NOTICES (IF ANY) AND YOU ATTEST THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. THESE TERMS AND CONDITIONS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE MDP GROUPS’ LIABILITY TO YOU. YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS, BROWSE, OR USE THIS SITE.
The MDP Group may change these Terms and Conditions at any time in their sole discretion. The modified Terms and Conditions will be effective immediately upon posting and, by continuing to use the Site, you agree to the new posted Terms and Conditions. You are responsible for staying informed of any changes. If you do not agree to the new posted Terms and Conditions, your only remedy is to discontinue use of the Site.
While the make reasonable efforts to provide accurate and timely information about the Mama DeLuca’s® Brand on the Site, you should not assume that the information provided is always up to date or that the Site contains all the relevant information available.
2. IP Protocol Addresses and Web Logs
This Site’s web servers automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any Personal Information. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site’s servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition to the Non-Personal Information usage of IP Addresses described above we may also record your IP address for fraud prevention purposes.
3. Children & Data Collection
The MDP Group adheres to the United States federal privacy protection standards as stated in the Children’s Online Privacy Protection Act (“COPPA”) and care about the safety of children. The MDP Group will not knowingly allow anyone under 13 to provide them with any personally identifying information. Children under 13 years of age are required to obtain the express permission of a parent or guardian before submitting any Personal Information about themselves (such as their names, e-mail address, and phone number) over the Internet. If a child has provided the MDP Group with Personal Information without the consent of a parent or guardian, the parent or guardian of that child should contact the Privacy Officer immediately at email@example.com. We will use reasonable efforts to promptly delete the child’s Personal Information from our servers.
4. Copyrights & Trademarks
Unless otherwise noted, all Materials on the Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned, licensed or used by the MDP Group. Mama DeLuca’s Pizza® and the Mama DeLuca’s Pizza® logo are registered trademarks and service marks owned and registered by MD Pizza, LLC. MDP’s marks on the Site represent some of the marks currently owned or controlled in the United States by MDP. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of MDP’s proprietary ownership rights, and MDP may own or control other proprietary rights in the United States. All rights not expressly granted are reserved.
5. Materials & Acceptance Use
The (“Materials”) on this Site include, but are not limited to; Mama DeLuca’s Pizza ® Restaurant Location Information, Menu & Nutrition Information, Catering Information, Company Contact Information, Company History, News, FAQ’s, Career Information and Mama DeLuca’s Pizza ® Franchise Information. Franchise Information on the Site does not constitute an offering for the sale of a franchise. Such offering is only commenced by the delivery of the Franchise Disclosure Document to you in compliance with the Federal Trade Commission Rule on Franchising and various state laws regulating the sale of franchise opportunities.
You agree not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions, or to cause damage on or through use of the Site. You agree that none of your communications with or through the Site will violate any applicable, local, state, federal, provincial, national, or international laws and/or regulations. You agree that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.
The Materials published on the Site may not be copied or distributed, modified, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by the MDP Group. All of the Materials available on the Site are proprietary and the subject of copyright, author’s rights or other rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. You agree not to create any kind of derivative works from, or exploit the Materials of the Site in any way.
You agree that the unauthorized use of the Materials could cause irreparable harm to the MDP Group and that in the event of an unauthorized use, the MDP Group shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.
7. Feedback & Submissions
Your submissions, feedback and comments (“Submissions”) are entirely voluntary, non-confidential, and gratuitous. You agree you are, and shall remain, solely responsible for the contents of any Submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the Site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
The MDP Group appreciates your interest, however, do not want, and cannot accept, any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Therefore, you grant to the MDP Group and their designees a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use any ideas, expression of ideas or Submissions without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the Submission, and all rights therein, in the name of the MDP Group or their designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, you warrant that any and all “moral rights” pertaining to any copyrighted materials have been waived. By making a Submission, you acknowledge and agree that the MDP Group and their designees may create on their own or obtain other Submissions that may be similar or identical to the Submission you submit. You hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any Submission accepted, reviewed and/or used by the MDP Group or their designees is similar to your Submission.
8. Restrictions on Use
Any Materials from the Site may not be copied, distributed, modified, republished, reused, uploaded, reposted, transmitted, or otherwise used outside the scope of normal browsing without prior written consent of the MDP Group. Any proprietary information remains the sole property of the MDP Group. The Materials on the Site are provided for lawful purposes only and any other use or modification of the Materials found on the Site violates the intellectual property rights of the MDP Group. The MDP Group retains full and complete title and intellectual property rights to all Materials. You may not reproduce, sell, repost, modify, or convert any Materials on the Site in any manner inconsistent with these Terms and Conditions. You agree the following kinds of conduct are illegal and/or prohibited on the Site. Prohibited activities include, but are not limited to, the following: (a) using the Site for any purpose intentionally or unintentionally, in violation of any applicable, local, state, federal, provincial, national, or international laws and/or regulations; (b) posting or transmitting through the Site any information, data, text, files, links, software or other materials that the MDP Group consider to be unlawful, obscene, defamatory, pornographic, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity or that constitutes cyber-harassment or cyber stalking as determined by the MDP Group in their sole discretion; (c) posting content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party; (d) posting URLs to external websites or any form of HTML or transmitting executable programming of any kind, including viruses, spyware, Trojan horses or similar programs; (e) posting or transmitting anything that may be spam, direct marketing communications or any unsolicited advertising, promotional or commercial content; (f) impersonating another person when using the Site, posting any content or Personal Information or attempting to conceal or misrepresent the identity of the person making the Submission or the origin of any Submission or allowing any other person or entity to use your identification for posting, viewing comments or using the Site; (g) harvesting or otherwise collecting information about others, including e-mail addresses; and (h) encouraging other people to engage in any prohibited activities as described herein. The MDP Group reserve the right to investigate and take appropriate legal action against anyone who, in their sole discretion, engages in any of the prohibited activities. You agree that the MDP Group reserve the right but are not obligated to do any or all of the following: (a) investigate an allegation that any Submission posted on the Site does not conform to these Terms and Conditions and determine in their sole discretion to remove or request the removal of any Submission; (b) remove any Submission which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms and Conditions; (c) terminate a user’s access to the Site; (d) monitor, edit, or disclose any Submission on the Site; or (e) edit or delete any content posted on the Site, regardless of whether such content violates these Terms and Conditions.
10. WARRANTY DISCLAIMER
EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS, ALL CONTENTS, MATERIALS, INFORMATION AND SERVICES ON THIS SITE ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY CONDITIONS OR WARRANTY OF ANY KIND WHATSOEVER EITHER EXPRESSED OR IMPLIED. THE MDP GROUP DOES NOT MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MDP GROUP DOES NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF THE MDP GROUP IS AWARE OF THEM.
NONE OF THE COMMUNICATIONS MADE THROUGH THIS WEBSITE SHOULD BE CONSTRUED AS AN OFFER TO SELL ANY FRANCHISE, NOR IS IT A COMMUNICATION DIRECTED TO THE RESIDENTS OF ANY JURISDICTION WHERE REGISTRATION OF THE FRANCHISE IS REQUIRED BEFORE IT IS OFFERED OR SOLD IN THAT JURISDICTION. AN OFFER TO SELL A FRANCHISE IS MADE ONLY BY THE UNIFORM FRANCHISE DISCLOSURE DOCUMENT. NO FRANCHISE WILL BE SOLD TO ANY RESIDENT OF ANY SUCH JURISDICTION UNTIL THE OFFERING HAS BEEN DULY REGISTERED IN AND DECLARED EFFECTIVE BY SUCH JURISDICTION AND THE REQUIRED UNIFORM FRANCHISE DISCLOSURE DOCUMENT HAS BEEN DELIVERED TO THE PROSPECTIVE FRANCHISEE IN COMPLIANCE WITH APPLICABLE LAW. THIS WEBSITE HAS NOT BEEN REVIEWED OR APPROVED BY THE CALIFORNIA DEPARTMENT OF CORPORATIONS. ANY COMPLAINTS CONCERNING THE CONTENT OF THIS WEBSITE MAY BE DIRECTED TO THE CALIFORNIA DEPARTMENT OF CORPORATIONS AT WWW.CORP.CA.GOV.
By applying to become a Mama DeLuca’s Pizza® franchisee, a prospective franchisee consents to the collection, use, and disclosure of Personal Information in accordance with the following terms and conditions. We collect and use Personal Information in order to assist a prospective franchisee in applying to become a Mama DeLuca’s Pizza ® restaurant franchisee and to assist our affiliates within the MDP Group in selecting franchisee candidates. Personal Information collected from prospective franchisees include, but is not limited to: name, address, telephone number, facsimile number, email address, date of birth, citizenship, educational background, criminal background, bank account information for Electronic Funds Transfer, financial statement, litigation history, and taxpayer identification number. Failure to provide requested Personal Information may negatively impact a prospective franchisee’s ability to become a franchisee. Once a prospective Mama DeLuca’s Pizza® restaurant franchisee becomes a franchisee, they may then reference themselves by their Franchise Agreement Number. In order to better service franchisees, a franchisee’s Personal Information may be shared between the MDP Group, pursuant to the service contracts between them.
A franchisee and/or prospective franchisee’s information may be shared with the MDP Development Agent in their area. A Development Agent is an independent contractor of MDP. The Development Agents assist with franchise sales, site location, service franchisee leasing needs, provide operational assistance and related administrative functions, training to the franchisee. Development Agents also make recommendations as to whether a prospective franchisee in their territory should be granted a franchise. The Development Agent may use this information to: address a franchisee’s concerns in a customer complaint, respond to a franchisee’s inquiries for franchise sales, franchisee Personal Information may be shared during store transfers, and any other inquiry which may require a response.
Finally, upon becoming a Mama DeLuca’s Pizza ® franchisee you consent to MDP disclosing former or past franchisee contact information including Personal Information in its Disclosure Document for one (1) year after leaving the system, as required by law, unless you advise otherwise. Contact our Privacy Officer in writing, either by email or regular mail received, of your desire to not have your details or contact information disclosed, corrected or changed when you sell or transfer your Mama DeLuca’s Pizza® store, or exit the Mama DeLuca’s Pizza® system (whether by termination or otherwise). To contact the Privacy Officer, please see the section provided below entitled “Contact Information”.
11. LIMITATION ON LIABILITY
YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE AND YOUR USE OF THE SITES IS TO DISCONTINUE YOUR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MDP GROUP AND ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS OR AGENTS OF THE MDP GROUP EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, INCLUDING WITHOUT LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE OF RESOURCES PRESENTED ON THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIAL ON SUCH WEBSITES, OR USE OF ANY SUBMISSION, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE OR ANY WEBSITE LINKED TO THIS SITE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT THE MDP GROUP’S LIABILITY IN STATES OR JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE MDP GROUP’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless the MDP Group from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys’ fees arising out of, or in connection with your violation of these Terms and Conditions as well any claims arising from any unauthorized uses you may make of the Materials on the Site.
13. Choice of Law & Dispute Resolution
Access to and use of the Site and these Terms and Conditions are governed by the laws of the State of Connecticut, United States of America, without giving effect to any conflicts of law or choice of laws principles or U.S. Federal Law. Any controversy or claim arising out of or relating to this Site or the breach of the Terms and Conditions shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association at a hearing to be held in Bridgeport, Connecticut in the United States of America or such other location in the State of Connecticut designated by the American Arbitration Association, and judgment upon an award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The commencement of arbitration proceedings by an aggrieved party to settle disputes arising out of or relating to this Site is a condition precedent to the commencement of legal action by either party. Each party will be responsible for their own costs in conjunction with the arbitration action. If either party commences action in any court prior to an arbitrator’s final decision on the controversy or claim, then the party so commencing the action shall be responsible for all expenses incurred by the parties in the arbitration and the court proceedings whether or not they are the prevailing party. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available. This dispute resolution clause shall not limit the MDP Group’s right to seek an injunction from the appropriate court or agency in law or equity for any breach of these Terms and Conditions.
14. No Assignment
You may not transfer or assign in any way any of your rights or obligations under these Terms and Conditions. Any such transfer or assignment shall be null and void.
If any provision of these Terms and Conditions or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Terms and Conditions and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.
16. No Waiver
The MDP Group’s failure to insist upon or enforce strict compliance with any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
The headings for each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms and Conditions.
18. Complete Understanding
These Terms and Conditions, and Privacy Notice constitute the entire understanding between the MDP Group and you with respect to your use of the Site, including, but not limited to, Product orders placed through the Site. (on PTI site-there is nothing aside from the language currently noted.)
You may contact the Privacy Officer to access, correct or delete your Personal Information. If necessary, the Privacy Officer will contact another individual to assist in completing your requested task. We want to be sure that we keep only the most accurate and up-to-date Personal Information in our records. If you have any questions or complaints, please contact the Privacy Officer. The Privacy Officer can be reached by telephone at: 203-783-1951; by Facsimile at: 203-783-7951; by email at:firstname.lastname@example.org; or by mail at _Mama DeLuca’s Privacy Officer 325 Bic Dr. Milford, CT 06461. We will address your concern and attempt to resolve any problem. Download Privacy Information Request Form here: http://mamadelucaspizza.com/privacy-policy/.
Last revised: November 26, 2014