Pagliacci Terms of Service
Pagliacci welcomes You and We are excited to have You use Our “Website” to access Our products and “Services.”
These Terms of Service (“Terms”) describe Your rights and responsibilities when using Pagliacci’s Website to browse or order food and beverages for pick-up or delivery—Our Services.
Please read these Terms carefully and fully because they govern and control Your access to and use of the Website and Our Services.
If You disagree with any of these Terms please do not access the Website or the Services.
We reserve the right, in Our sole and absolute discretion, to deny You (or any IP address or device, mobile or otherwise) access to the Website or Our Services, or any portion of the Services, without notice.
Again, if You do not agree to any of these Terms, please do not use the Website or Our Services.
PLEASE READ THE SECTIONS BELOW TITLED “ARBITRATION” AND “LIMITATION AND WAIVER OF CLASS ACTION” BECAUSE THEY CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER AND AFFECT YOUR LEGAL RIGHTS.
Let’s Get the Legal Jargon Out of the Way
As You will see, “We” use a lot of defined words/terms in Our Terms, which We indicate by capitalizing the first letter of the word and putting the term into quotes the first time We use it. Just like We did above for “Terms” and “Website.” When We say “You” or “Your” or “Yours,” that means You. When We say the “We,” “Us,” or “Ours,” We are referring to Pagliacci.
Let’s Talk About What These Terms Mean to You
1. Legal Contract
These Terms are a legal contract between You and Pagliacci. By accessing or using the Website and the Services, You accept and agree to be legally bound by these Terms.
Pagliacci is under no obligation to accept any individual as a user, and may accept or reject any registration in its sole and absolute discretion.
2. Food Allergies
Although We list ingredients and nutritional information on the Website related to the Services, if You or anyone else who will be consuming any item from an order has any food allergies or specific preparation requirements, You are strongly advised to contact us directly to address Your specific needs.
By using the Services, You agree that Pagliacci is not responsible for any statements or omissions concerning the products contained in Your order.
3. Website Usage Guidelines
By using Our Website, You agree to not:
Use the Website or obtain the Services for any unlawful purpose, including any illegal, fraudulent or malevolent activity;
Use the Website or obtain the Services to undertake or pursue any commercial activities, including, without limitation, using either to raise or solicit money, advertising or promotional endeavors, or to engage in any pyramid or other multi-tiered marketing schemes;
Access or use the Website or obtain the Services to collect any market research;
Upload, post, e-mail, transmit, or otherwise distribute content or material that knowingly infringes another’s copyright, trademark, or other proprietary rights or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, promotes violence, or discloses personal information about someone else, including that person’s name, e-mail address, postal address, phone number, credit card information, or any similar information;
Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Use automated, AI or robotic means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data;
To create multiple accounts for Yourself to obtain the same promotion multiple times or for similar purposes; and
Interrupt or interfere with the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
4. Payment Authorization
You agree that We can immediately authorize payment from Your credit card or other method of payment for Services You order through the Website authenticated with Your password. Because of that, it is Your responsibility to keep Your password strictly confidential, since You will be responsible for all activities and charges authorized using Your Password. You will remain liable for any such charges and costs after termination of this Agreement.
Please contact Us directly if You have any questions about transactions or charges on Your credit card or other method of payment. Any refunds We may authorize are subject to Our refund policies.
5. Passwords and Accounts
When You create Your account on the Website, You will be prompted to create a unique username and password. You are responsible for providing true, accurate, current, and complete information regarding Your username and password. Only one registered user can use a unique username and password. You are responsible for keeping Your username and password confidential and You must promptly notify Us if You need to deactivate or change Your username or password. We, however, reserve the right to delete or change Your username or password at any time and for any reason.
We will conclude that anyone at the delivery address who receives the delivery is authorized to do so. We will make all reasonable efforts to deliver Your order promptly during inclement weather.
7. Intellectual Property
Our Website contains graphics, images, text, audiovisual works, and other material that We have created for the Website (collectively referred to as Our “Content”). We own Our Content and it is protected under both United States and foreign laws.
Your unauthorized use of Our Content may violate copyright, trademark, and other laws. Unless We grant them to You in writing, You have no rights in or to Our Content, and You may not use Our Content except as We authorize You to do so pursuant to this Agreement.
Without Our prior written authorization, You may not sell, transfer, assign, license, sublicense, or modify Our Content and You may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use Our Content in any way for any public or commercial purpose other than to access the Services.
You are expressly prohibited from using, posting or displaying Our Content on any other website or networked computer environment.
We may revoke Your access to and/or use of Our Content and the Services if You violate any of the Terms in this Agreement.
You must immediately destroy any copies of Our Content upon Our request.
While the Website may contain, display or link to third-party content, which is readily identifiable as such and owned by said third-party, Pagliacci is the sole and exclusive owner of all registered and unregistered trademarks, service marks, and logos used in Our Content and displayed on the Website. By permitting You to use the Website, to access Our Content, or to obtain Our Services, We are not, by implication, estoppel, or otherwise, granting You any license or rights of use in Our Content or any third-party content other than the limited right to obtain the Services.
Pagliacci owns and retains all goodwill, trade secrets (as defined and protected by Washington State law), and moral rights associated with and arising from Our Content, all of which is protected under federal, state and foreign laws. You may not retransmit any of Our Content without Our prior written consent in each and every instance.
8. Pags (Reward Points)
As described in the Website, You may be eligible to earn and use “Pags” so long as You are a United States resident. You may use accrued Pags towards Your purchase of Services. We retain the sole and absolute right, at any time and without notice, to regulate, modify and/or eliminate Pags and the Pags program without incurring any liability or ongoing obligations to You.
This section only applies to U.S. residents.
9. Your Communications to Us
While We enjoy hearing from You and encourage You to send Us Your thoughts, feedback, and suggestions, please DO NOT send Us any confidential, proprietary, licensed, trademarked or otherwise protected intellectual property or information, whether it is Yours or a third-party’s.
Please understand that We are free to use any suggestions, ideas, concepts, know-how, or techniques You send Us for any purpose whatsoever, including but not limited to, Our development, production, and marketing of Our Services.
10. Limitations and Restrictions
A. Parental Consent May be Required
You must be at least 13 years old to access and use the Services. If You are under 18 but at least 13 years old, Your parent(s) or guardian(s) must review and approve these Terms before You can use the Website and the Services.
B. Limitations on Alcohol Purchases
You cannot use the Website and Services to purchase alcohol unless You are at least 21 years old and can present a valid, properly issued government photo identification verifying your age at the time You pick up or receive delivery of Your order. We reserve the right to immediately deny You access to Our Services, without notice, if We determine, in Our sole and absolute discretion, that You have violated or attempted to violate this policy.
11. Indemnification and Hold Harmless
In the event You breach this Agreement or You use the Website or Our Services in violation of these Terms, You agree to defend, indemnify, and hold Us, Our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, suits, or demands, including, without limitation, reasonable attorneys’ fees We incur related thereto.
We will provide You notice of any such claim, suit, or proceeding. We reserve the right to assist You, at Your expense, in defending any such claim, suit, or proceeding with counsel acceptable to Us. We may elect, in Our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification under this Agreement.
In all cases, You agree to cooperate with any reasonable request from Us to aid and assist in the defense of such matter or claims.
At any time, and in Our sole and absolute discretion and without any liability, We may restrict, suspend, or terminate this Agreement and Your access to and use of the Website and Services. Further, We reserve the right to alter, amend, change, cancel, suspend or terminate any of the Services without prior notice or liability.
You hereby agree that any dispute arising under or relating to this Agreement or the Services (each, a “Dispute”) shall be resolved by binding arbitration. YOU AGREE NO DISPUTE SHALL BE LITIGATED AND EACH PARTY HEREBY WAIVES THEIR RIGHT TO A JURY TRIAL.
All Disputes shall be resolved before a neutral arbitrator, whose decision shall be final except for a limited right of appeal under Washington State’s arbitration rules. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, or by phone. Venue for all arbitrations shall be in Seattle, Washington. Either party may file suit in King County, Washington to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, We may bring an action for injunctive relief in any court of competent jurisdiction, without the requirement to post a bond in any amount.
14. Limitations and Waiver of Class Actions
By using the Website, You AGREE TO WAIVE ANY RIGHTS TO PURSUE A CLASS ACTION AGAINST US AND INSTEAD MAY ONLY PURSUE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, to the greatest extent permitted by law, You shall not join any arbitration proceeding of any Dispute with any other arbitration proceeding. You agree that You have no right or authority to arbitrate any dispute on a class-action basis, no right to attempt to use a class-action to resolve a dispute, and no right to act in a purported representative capacity on behalf of the public or other persons related to or arising from any Dispute.
You agree that:
This Agreement shall be interpreted pursuant to the laws of the State of Washington without regard or application of any choice of law provisions;
Venue and jurisdiction for any Dispute, claim or controversy arising under this Agreement shall be in King County, Washington;
Sections 1, 2, 3, 4, 7, 9, 10, 11, 13, 14, 15 and 16 of this Agreement shall survive any termination or expiration hereof;
No waiver of any of Our rights hereunder shall be effective unless it is in writing;
This Agreement constitutes the entire agreement between You and Us and supersedes and replaces any other such agreement;
The sections headings are for convenience only and have no legal import; and
This Agreement inures to the benefit of Our successors, assigns, licensees and sub-licensees, if any.