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TERMS & CONDITIONS

Effective Date: June 05, 2020

TERMS AND CONDITIONS OF USE OF THE WEBSITE

The following set of Terms and Conditions apply to your use of Pizza Bien’s website, its social media pages, mobile apps, text messaging, and email exchanges of information (collectively referred to hereinafter the “Sites”). The Sites are owned, operated, licensed, or controlled by Pizza Bien’s Corporation or any of its related, affiliated, or subsidiary companies (together, “Pizza Bien’s”) and is for your personal use. Throughout the Sites, the terms “we,” “us” and “our” refer to Pizza Bien’s. Your access to and use of the Sites is subject to the following Terms and Conditions. Pizza Bien’s offers the Sites, including all information, tools and services available from the Sites, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of Pizza Bien’s Sites constitutes your agreement to these Terms and Conditions. If you do NOT agree to these Terms and Conditions, do NOT use all or any part or aspect of the Site.

Accuracy, Completeness and Timeliness of Information on the Sites

Pizza Bien’s strives to ensure that the information contained in its web site is accurate and reliable. However, Pizza Bien’s and the World Wide Web (or Web Site Host) are not infallible and errors may sometimes occur. Accordingly, Pizza Bien’s is not responsible if information made available on the Sites is inaccurate, incomplete or out-of-date. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk. The Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor changes to the Sites.

Trademarks, Service Marks Logos and other Proprietary Content and Restrictions on Use

All content on the website and all of the Sites (including, without limitation, trademarks, service marks, logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Pizza Bien’s, its licensors, its content providers, or other third parties and is protected by copyright, trademark and other applicable laws.

The content, arrangement and layout of the Sites, including, but not limited to, the trademarks, service marks, logos, package designs, text, graphics, icons, audio clips, downloads, interfaces, code, and software, are also proprietary and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, used, displayed, distributed, or transmitted without the express written permission of Pizza Bien’s.

The Sites may also contain references to other company, brand and product names, and their trademarks, service marks, and logos. These company, brand and product names and trade and service marks are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Sites are either the property of, or used with permission by Pizza Bien’s s. Pizza Bien’s may be, but is not necessarily sponsored by or affiliated with any of owners of the other company, brand and product name appearing on the Sites, and makes no representations about them, their owners, their products or services.

Pizza Bien’s, or its licensors or content providers, retain full and complete title to the material provided on the Sites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Pizza Bien’s sole discretion. Pizza Bien’s neither warrants nor represents that your use of materials on the Sites will not infringe rights of third parties not affiliated with Pizza Bien’s.

You may not use contact information provided on the Sites for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Sites or to surreptitiously intercept any system, data or personal information from the Sites. You agree not to interrupt or attempt to interrupt the operation of the Sites in any way.

You may access, copy, download and print the material contained on the Sites for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary content that appears on the material you access, copy, download or print.

Any other use of content on all or any part of the Sites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from all or any part of the Sites, or use of the Sites for purposes competitive to Pizza Bien’s, is expressly prohibited without the prior written consent of Pizza Bien’s.

By visiting all or any part of the Sites, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Sites. Nothing on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Sites without the owner’s prior written permission, except as otherwise described herein. Pizza Bien’s reserves all rights not expressly granted in and to the Sites and their contents.

The Sites and all of their contents, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries. Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Sites, or trademarks, service marks, logos or trade dress found within the Sites may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Pizza Bien’s reserves the right to refuse or cancel any person’s registration for all or any part of the Sites, remove any person from all or any part of the Sites or prohibit any person from using all or any part of the Sites for any reason whatsoever. Pizza Bien’s reserves the right, in its sole discretion, to limit or terminate your access to or use of all or any part of the Sites at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Pizza Bien’s may be entitled at law or in equity.

You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.

Your Submissions to the Sites

You acknowledge that you, and not Pizza Bien’s, are responsible for any material or message you may submit via the Sites (including any components of the Site administered by third parties, such as tools that allow you to interact with the Sites through Facebook and other social media platforms), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Sites.

If you do submit material, and unless we indicate otherwise, you grant Pizza Bien’s an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Pizza Bien’s is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Pizza Bien’s. You grant Pizza Bien’s the right to use the name you submit in connection with such material, if it so chooses. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Pizza Bien’s for all claims resulting from content you supply.

You agree that Pizza Bien’s will not be liable for any ideas used in its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Pizza Bien’s operations with such Submissions. Without limitation, Pizza Bien’s will have exclusive ownership of all present and future existing rights to any submission of material of every kind and nature everywhere. Pizza Bien’s will be entitled to use material submitted for any commercial or other purpose whatsoever without compensation to you or any other person sending the submission.

Conduct on the Sites

Some features that may be available on the Sites require registration. By registering at and in consideration of your use of the all or any part of Sites you agree to provide true, accurate, current and complete information about yourself.

Some features on the Sites require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Pizza Bien’s immediately. Pizza Bien’s may assume that any communications Pizza Bien’s receives under your password have been made by you unless Pizza Bien’s receives notice otherwis

You or third parties acting on your behalf are not allowed to frame the Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, Pizza Bien’s ®. You may not use frames or utilize framing techniques or technology to enclose any content included on the Sites without Pizza Bien’s express written consent. Further, you may not utilize any content from all or any part of the Sites in any meta tags or any other “hidden text” techniques or technologies without Pizza Bien’s express written

Links

The Sites may contain links to other websites, including for example concerning Pizza Bien’s online ordering and the Email Club, that are not maintained or related to Pizza Bien’s, and operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein and are not sponsored by or affiliated with Pizza Bien’s, its website or any of its Sites. We have not reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Pizza Bien’s is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. The links are to be accessed at the user’s own risk, and Pizza Bien’s makes no representations or warranties about the content, completeness, or accuracy of these links or the websites hyper-linked to this Site.

DISCLAIMERS

YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME. PIZZA BIEN’S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY DATA OR INFORMATION YOU SUBMIT WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION. PIZZA BIEN’S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, OR OTHERWISE. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIZZA BIEN’S OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PIZZA BIEN’S NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, PIZZA BIEN’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PIZZA BIEN’S OR ANY OF ITS SUPPLIERS OR THIRD PARTY VENDORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER PIZZA BIEN’S NOR ITS SUPPLIERS OR THIRD PARTY VENDORS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH PIZZA BIEN’S IS TO DISCONTINUE YOUR USE OF THE SITES. YOU AND PIZZA BIEN’S AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO

Indemnification

You agree to indemnify, defend and hold harmless Pizza Bien’s and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and costs, arising or resulting from your use of all or any part of the Sites and any violation of these Terms and Conditions. If you cause a technical disruption of all or any part of the Sites or the systems transmitting such Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Pizza Bien’s reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Pizza Bien’s in the defense of such matter.

Jurisdiction and Applicable Law

The laws of the Estate of Florida govern these Terms and Conditions and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in Miami-Dade county in the Estate of Florida for any action arising out of or relating to these Terms and Conditions. We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Sites have been designed to comply with the laws of Florida and of the United States. If any material on the Sites, or your use of all or any part of the Sites, is contrary to the laws of the place where you are when you access it, the Sites (or any part affected thereby) is not intended for you, and we ask you not to use such Sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Conditions and Terms of Use

Pizza Bien’s reserves the right in its sole discretion to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, by posting revised terms on the relevant Sites. It is your responsibility to check periodically for any changes we make to the Terms and Conditions. Revised terms will take effect immediately after their publication on the relevant Sites and will apply only on a going-forward basis. Your continued use of all or any part of the Sites after that point signifies that you accept the changes.

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on the website or any of the Sites constitute the entire agreement and understanding between you and Pizza Bien’s with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

If you have any questions or comments about these Terms and Conditions or the Site, or if you believe that something on the Site violates the Terms and Conditions, please contact us through the “Contact Us” section of the Site or by phone at 305-521-8871. You also may write to us at:

Pizza Bien LLC

936 SW 1st  Avenue Suite 380

Miami, FL 33130