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  Terms of Use

Last Updated April 27, 2011

THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. Big Apple Pizza RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE FROM TIME TO TIME AT ITS SOLE DISCRETION. YOUR USE OF THE SITE WILL BE SUBJECT TO THE MOST CURRENT VERSION OF THE TERMS OF USE AT THE TIME OF SUCH USE. YOUR CONTINUED USE OF THIS SITE, OR ANY GOODS, SERVICES, OR CONTENT ACCESSIBLE THROUGH IT, AFTER SUCH NOTICE HAS BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.IF YOU BREACH ANY OF THE TERMS OF USE, YOUR LICENSE TO USE THIS SITE AUTOMATICALLY TERMINATES, AND ANY MATERIALS DOWNLOADED OR PRINTED FROM THE SITE IN VIOLATION OF THE TERMS OF USE MUST BE IMMEDIATELY DESTROYED.

Parties

The parties to this Agreement are you, a visitor to this web site (“You”), and the owner and operator of this web site: Big Apple Pizza Corporation, a Florida corporation (“Big Apple Pizza”). All references to “us”, “this web site” or “this site” shall be construed to mean Big Apple Pizza. If the user is not an individual, then “You” means Your company, its officers, members, agents, successors and assigns.

License

Big Apple Pizza grants a non-exclusive, non-transferable, and revocable license to You and provides the services available at this site to You subject to the following terms and conditions.

Entire Agreement

This Terms of Use Agreement will be expressly incorporated by reference in each and every agreement between You and Big Apple Pizza, and except for any separate license agreement for software and/or content, this terms of use agreement supersedes any and all prior and existing agreements, whether oral or in writing, between You and Big Apple Pizza with respect to the subjects addressed herein and constitutes the entire agreement between the parties with respect to those subjects. Except for any separate license agreement for software and/or content, You acknowledge that neither Big Apple Pizza nor anyone on Big Apple Pizza behalf has made any representations, inducements, promises or agreements, orally or otherwise, to You relating to the subjects addressed by this terms of use agreement that are not embodied herein.

Prohibited Conduct

You agree (i) not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (ii) not to interfere or disrupt this site or any networks connected to this site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on Big Apple Pizza infrastructure; (v) not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site.

Compliance with Laws

You shall comply with all applicable laws and regulations of the United States and foreign authorities (including, but not limited to United States trade restriction laws, export laws or license requirements and laws regarding the sale or transport of hazardous materials, and laws regarding the transmission of technical data, including without limitation encryption, exported from the United States through the services available at this site) relating to any service, product, or download associated with this site.

Copyrights

The copyright in all material provided on this site is owned by Big Apple Pizza or by Big Apple Pizza licensor(s). You acknowledge and agree that this site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to You through this site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of Big Apple Pizza or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Big Apple Pizza does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this site. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Big Apple Pizza or the copyright owner. However, You may print a copy of the information on this site for Your personal, non-commercial internal use or records. In so doing, You may not modify the materials and You agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give You any ownership rights in the information and terminates automatically if You breach any of these terms or conditions. If You make any other use of this site, except as otherwise provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.

Trademarks

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this site are registered and unregistered Trademarks of Big Apple Pizza and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site, without the written permission of the Trademark owner. Big Apple Pizza aggressively enforces its intellectual property rights to the fullest extent of the law. Big Apple Pizza prohibits use of any of the forgoing names or marks as a meta tag or as a “hot” link to any Big Apple Pizza site unless establishment of such a link is approved in advance by Big Apple Pizza in writing. If You have any questions regarding any trademarks on the site, please contact Big Apple Pizza.

Links

This site may provide links to other Internet sites. Big Apple Pizza is not responsible for the availability of such other sites and does not endorse and is not responsible or liable for any content, products or other materials available on such other sites. Links to external web sites do not constitute an endorsement by Big Apple Pizza of those sites or the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Further, Big Apple Pizza reserves the right to terminate any link or linking program at any time. Big Apple Pizza does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that Big Apple Pizza shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any such site. If You decide to access any of the third party sites linked to this site, You do this entirely at Your own risk.

Participation In Promotions Of Advertisers

You may enter into correspondence with or participate in promotions of advertisers promoting their products or services on this site (“Advertisers”). You acknowledge and agree that any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and Advertiser. Digicontracts.com shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions.

Monitoring

You acknowledge that Big Apple Pizza or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this site. Big Apple Pizza, in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which Big Apple Pizza deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this site will be prosecuted to the full extent of the law.

No Warranties

THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS” BASIS FROM Big Apple Pizza AND ITS INFORMATION PROVIDERS, Big Apple Pizza AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS S ITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF Big Apple Pizza AND Big Apple Pizza AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ACKNOWLEDGE THAT NEITHER THIS SITE NOR THE CONTRACTMAKER INTERNET SERVICE IS ENGAGED IN PROVIDING PROFESSIONAL LEGAL SERVICES OR LEGAL ADVICE, AND THAT IT IS YOUR RESPONSIBILITY TO SEEK COMPETENT LEGAL COUNSEL TO ADVISE YOU REGARDING THE APPLICABILITY OF ANY CONTENT AVAILABLE ON THIS SITE TO SPECIFIC FACTUAL SITUATIONS. NO ATTORNEY-CLIENT RELATIONSHIP IS INTENDED NOR CREATED THROUGH YOUR USE OF THIS SITE, THE CONTRACTMAKER INTERNET SERVICE, OR THE CONTENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE CONTENT AVAILABLE AT THIS SITE. WITHOUT LIMITING THE FOREGOING, NONE OF Big Apple Pizza NOR Big Apple Pizza AFFILIATES OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Big Apple Pizza OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limited Liability

Big Apple Pizza AND ALL OF Big Apple Pizza AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. 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 THE GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO Big Apple Pizza, IF ANY, FOR THE SERVICE OR CONTENT AT ISSUE.

Beneficiaries of this Agreement; No Other Agreements

The rights and limitations in this agreement are for the benefit of Big Apple Pizza and each of Big Apple Pizza content providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf.

Controlling Law

This Agreement shall be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law.

Jurisdiction And Venue

You and Big Apple Pizza agree to submit to the exclusive personal jurisdiction of the courts of Palm Beach County in the State of Florida, USA in all legal proceedings arising under this Agreement.


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