THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE OR THESE TERMS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO.
THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
THESE TERMS ALSO INCLUDE A JURY WAIVER.
NO WARRANTY / LIMITATION ON LIABILITY
Pizza Hut strives to ensure that the information contained in the Site is accurate and reliable. However, mobile operating systems and the World Wide Web (or Web Site Host) are not infallible, and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to applicable law, Pizza Hut makes no representations about the reliability of the features of the Site, the BOOK IT! Content (defined below), third-party content, or any other Site feature. You acknowledge any reliance on such material and/or systems will be at your own risk. Pizza Hut makes no representations regarding the amount of time any BOOK IT! Content will be preserved.
Pizza Hut disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the Site, including without limitation the merchantability or fitness for any particular purpose. Pizza Hut is not liable or responsible for any damages or injuries caused by use of the Site (such as viruses, omissions or misstatements). THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARE MADE WITH RESPECT TO THE SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PIZZA HUT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, NOR SHALL PIZZA HUT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PIZZA HUT'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE'S RECORDS, PROGRAMS OR SERVICES. In no event shall Pizza Hut's total liability for all damages, losses and causes of action exceed five dollars (U.S. $5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.
B. In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must Contact Us immediately of any breach of security or unauthorized use of your account. Although Pizza Hut will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Pizza Hut or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Pizza Hut servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. Notwithstanding the foregoing, Pizza Hut grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Pizza Hut reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use any communication systems provided by the Site for any commercial solicitation purposes.
COMMUNICATING WITH US
These areas are designed to give teachers and parents the ability to contact us with questions or concerns. They are not intended for, and should not be used to, submit unsolicited ideas. It is Pizza Hut’s policy not to accept such unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or similar materials from outside parties. By using the Site you acknowledge and agree any materials, ideas or other communications you provide to us in any manner and for any reason will not be treated as confidential or proprietary. It is Pizza Hut’s policy not to accept, and to return, any unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other similar materials. Nevertheless, should you submit such materials, you understand you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.
PIZZA HUT PROPERTY
The Site contains many valuable trademarks owned and used by Pizza Hut LLC and its subsidiaries and affiliates throughout the world including the BOOK IT! program. These trademarks are used to distinguish Pizza Hut and BOOK IT!'s quality products and services. "Pizza Hut Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Pizza Hut uses in connection with its products and services. You may not remove or alter any Pizza Hut Trademarks, or co-brand your own products or material with Pizza Hut or the Pizza Hut BOOK IT! program Trademarks without Pizza Hut's prior express written permission. You acknowledge Pizza Hut's rights in Pizza Hut Trademarks and agree that any use of Pizza Hut Trademarks by you shall inure to Pizza Hut's sole benefit. You agree not to incorporate any Pizza Hut Trademarks into your marks, company names, internet addresses, domain names, or any other similar designations. The text, graphics and html code contained in the Site are the exclusive property of Pizza Hut ("BOOK IT! Content"). Pizza Hut's BOOK IT! Content is protected from reproduction and simulation under national and international laws and except where otherwise noted, is not to be copied, distributed, displayed, reproduced or transmitted in any form, by any means, without the prior express written permission of Pizza Hut.
Third-party content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights, is the property of the third parties that market or license that content, and is used by Pizza Hut subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Contact Us page and follow the instructions.
You agree to indemnify and hold Pizza Hut, its parents, subsidiaries, officers, directors, employees, agents, licensors, suppliers, partners and Site contractors and each of their officers, employees and agents harmless from any claims, demands, damages and expenses, including reasonable attorneys' fees, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of the Site.
This Site may link to sites not maintained by or related to the Pizza Hut BOOK IT! program. Hypertext links are provided as a service to users and are not sponsored by or affiliated with the Site or Pizza Hut. Pizza Hut has not reviewed the sites hyperlinked to or from the Site and is not responsible for the content of any other site. These links are to be accessed at the user's own risk. Pizza Hut makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyperlinked to or from the Site. Furthermore, Pizza Hut does not implicitly endorse third-party sites hyperlinked to or from the Site.
DISPUTE RESOLUTION/ARBITRATION/CLASS ACTION/JURY TRIAL WAIVER
It is our goal that the Site meets your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Pizza Hut is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Pizza Hut, you acknowledge and agree that you will first give Pizza Hut an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem on our Contact Us page.
You then agree to negotiate with Pizza Hut in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Pizza Hut’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
Binding Arbitration. You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Site or these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate Pizza Hut’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Pizza Hut and/or the applicable third party(ies). You and we acknowledge that these Terms affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms (despite any other choice of law provision).
Arbitration under these Terms shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000 USD, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000 USD, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879 (within the USA). Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000 USD. For claims that total more than $75,000 USD, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 USD as to which you provided notice and negotiated in good faith with Pizza Hut as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Pizza Hut agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court. Any notice of arbitration should be mailed to us at CONTACT US.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THESE, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THESE TERMS BY CONTACT US. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.
Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.
Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
Waiver of Rights, including Jury Trial - By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator’s decision is very limited. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND PIZZA HUT BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to the Site or these Terms be instituted more than one (1) year after the cause of action arose.
These terms constitute the entire agreement between you and Pizza Hut and govern your use of the Pizza Hut Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Pizza Hut with respect to the Site and services. Both you and Pizza Hut acknowledge and agree that no partnership is formed, and neither you nor Pizza Hut has the power or the authority to obligate or bind the other.
The failure of Pizza Hut to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' original intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
Software that may be available in connection with the Site is subject to United States export controls. No software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.
The failure of Pizza Hut to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Pizza Hut, shall not be deemed a breach of this Agreement. If Pizza Hut fails to act with respect to your breach or anyone else's breach on any occasion, Pizza Hut is not waiving its right to act with respect to future or similar breaches.
The validity, interpretation and performance of these Terms shall be controlled and construed under the laws of the State of Texas. The parties agree that any claim or dispute one party has against the other party arising under or relating to these Terms (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved under the Dispute Resolution / Arbitration section of these Terms must be resolved exclusively by the state courts located in Dallas County, Texas, or the federal district courts located in the Northern District of Texas. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them. Some jurisdictions do not allow some of the provisions contained in these Terms, in which case one or more of such provisions may not apply to you.
The headings in this Agreement are for your convenience and reference. These headings do not limit or affect this Agreement.
This Agreement constitutes a binding agreement between you and Pizza Hut, and is accepted by you upon your use of the Site. This Agreement constitutes the entire agreement between you and Pizza Hut regarding the use of the Site and the features therein.