Terms

TERMS OF USE

 Acceptance of Terms of Use

These Terms of Use govern your use of the Prosperity Systems, Inc. and its affiliates (Hereinafter “Pizza Boli’s” “We” or “Us”) online and mobile web site (the ‘website” or collective, the “Websites”). By using, visiting, or browsing the Websites, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Websites. These Terms of Use are an ongoing contract between you and Pizza Boli’s and apply to your use of the Websites. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use

Pizza Boli’s reserves the right, from time to time, with our without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” located at the bottom of the pages of the Pizza Boli’s Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the Pizza Boli’s Website after changes are made means that you agree to be bound by such changes.

Privacy and Personal Information.

We collect information about the visitors to this Site. The collection of this information is governed by our Privacy Policy.

Your Account

If you register an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, smartphone or tablet, and you agree to accept responsibility for all activities that occur under your account or password. When creating your account, you must provide accurate and complete information. You may never use another’s account without permission. You must notify Pizza Boli’s immediately of any breach of security or unauthorized use of your account. Although, Pizza Boli’s will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Pizza Boli’s or others due to such unauthorized use.

The Websites sells products to adults, who can purchase with a credit card. If you are under 13, you may browse the Websites but you may not register an account, purchase goods or participate in any offers or promotions. Pizza Boli’s reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Third-Party Content.

These Terms of Use apply to all users of the Websites, including users who are also contributors of video content, information, and other materials or services on the Websites. The Website may contain link to third party sites that are not maintained by or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party platforms. In addition, We will not and cannot edit the content of any third-party site. By using the Website, you expressly release Us from any and all liability arising from your use of any third-party Websites. Accordingly, when you leave the Website or submit information to a third-party Website accessible from this Website, the terms and conditions and privacy policy of that other Website will apply.

Website Access and Use

Pizza Boli’s hereby grants you permission to use the Websites as set forth in this Terms of Use, provided that:

1. Your use of the Websites as permitted are solely for your personal, noncommercial use;
2. You may not post or transmit to this Site any unlawful, defamatory, profane or similar material, and you may not modify or abridge any functionality of the Site;
3. You will not reproduce, copy, sell or otherwise exploit the content of this Site for commercial use, unless you have our prior written consent;
4. You agree not to collect or harvest any personally identifiable information, including account names, from the Site;
5. You agree not to use the information on this Site to advertise or solicit anyone to buy or sell any products or services;
6. You are responsible for the content of your submissions, and you allow us to use that content in any manner that is consistent with our Privacy Policy.

You further agree not to use or launch any automated system, including “robots,” “spiders,” “offline readers,” or similar systems and devices. Notwithstanding the foregoing, Prosperity Systems, Inc. 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. Prosperity Systems, Inc. reserves the right to revoke these exceptions either generally or in specific cases.

Intellectual Property Rights

This Site contains federally-registered service mark PIZZA BOLI’S and other trademarks and service marks, that are owned by Prosperity System, Inc., and that are used to distinguish our products and services. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, register, attempt to register, or modify these marks or any other similar marks or any other marks appearing on this Site without our written consent.

The text, graphics, and html code contained in this Site are the exclusive property of Prosperity Systems, Inc. and are protected by U.S. and international copyright laws. You may not copy, distribute, display, reproduce or transmit this Site’s content and downloadable software without our prior written consent.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES OR APPLICATIONS (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORES THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES OR APPLICATIONS BY ANY THIRD PARTY, AND/OR (v) 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 OUR CONTROL, INCLUDING ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS OR SERVICES, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES OR APPLICATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE PIZZA BOLI’S WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS SITE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PIZZA BOLI’S WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PIZZA BOLI’S WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.YOU AGREE THAT YOUR USE OF THE WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,  WE, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. WE  MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES OR APPLICATIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES AND APPLICATIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES OR APPLICATIONS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES AND APPLICATIONS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES AND APPLICATIONS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR APPLICATIONS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

UNLESS EXPRESSLY STATED OTHERWISE, WE PROVIDE THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED. THE WAIVED WARRANTIES, TO THE EXTENT ALLOWED BY LAW INCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE.

Indemnification

You agree to defend, indemnify, and hold harmless Prosperity Systems, Inc., its officers, directors, employees and agents, and Site contractors and each of their officers, employees and agents against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Websites and Applications.

SMS Notice

If you choose to participate in any Pizza Boli’s promotion that may involve the use of text messaging (either sending or receiving),

1. Your Carrier’s standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence. We do not charge for any content however, downloadable content may incur additional charges from your cell phone provider. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside our control. All charges are billed by and payable to your mobile service provider.
2. By subscribing, you represent that you are the owner or authorized user of the wireless device you use to subscribe for the service.
3. We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS messaging services are provided on an AS IS, AS AVAILABLE basis.
4. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages and other information that you provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop, and improve the service. Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies. We will only use information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
5. The service and the content and materials received through the service are proprietary to us or our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality.
6. We reserve the right to alter chargers and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event that your wireless service terminates or lapses. We may discontinue the service at any time.

Gift Card Terms and Conditions

Your use of this card constitutes acceptance of the following terms and conditions: The amount contained on this card may be applied toward the purchase of food, beverage or gratuity from any participating Pizza Boli’s restaurant. Verification may be required if the card is used other than by physical presentation (such as telephone or online ordering).

If the card is lost, stolen, damaged, destroyed or used without your permission, it will not be replaced or replenished and you will lose any remaining value on the card. This card is not redeemable for cash, except as required by law. This card has no value until activated at a participating location.

Governing Law

Maryland law governs these Terms of Use. Any controversy or claim arising out of or relating to these Terms of Use or relating to the use of this Site and the material contained in this Site shall be resolved in a Maryland court. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use must be filed within one year after such claim or cause of action arises.

Waiver/Severability

The waiver by either party of a breach or right under these Terms of Use will not constitute a waiver of any subsequent breach or right. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which will otherwise remain in full force and effect.

Privacy Policy

Safeguarding your privacy and the security of your personal information is important to us. Please take a few minutes to read the following policy so that you understand how we treat your personal information. As we continuously improve and expand our services, this policy might change. So please check it out periodically.

1. What Personal Information Do We Collect?

1. Personal Information You Provide. We collect information that you voluntarily provide on online forms, including user and e-club registration, sweepstakes registration, contact requests, guest comments, online surveys, online orders, and other online activities. The personal information (“Personal Information”) that we collect may include some or all of the following: your name, address, telephone number, email address, text messaging information and other contact information associated with electronic or digital messaging methods, credit card information, demographic information or any other information that you voluntarily provide to us. You can choose not to provide certain information, but then you might not be able to take advantage of some of our features.
2. Like many websites, we use “cookies.” Cookies are small programs that we transfer to your hard drive that allow us to recognize you and to provide you with a customized experience each time you visit. If you do not want us to use cookies, you can easily disable them by going to the toolbar of your web browser and clicking on the “Help” button. Follow the instructions that will prevent the browser from accepting cookies, or set the browser to inform you when you receive a new cookie. In addition, you may visit this and other websites anonymously through the use of utilities provided by other private companies. If you disable the cookies, some parts of the Site and some of the services may be more difficult or impossible to use.
3. Other Information. Every computer has an IP (Internet Protocol) address. IP addresses of computers used to visit this site are noted. In addition, we automatically collect other information such as email addresses, browser types, operating systems, and the URL addresses of sites clicked to and from this site.

2. How Do We Use Your Personal Information?

We use the personal information about you stores in our member database in various ways. First, the next time you use our online ordering service and enter your User ID and Password, we will call up your information from our database to make processing your order faster and easier. Each time you place an order, we will call up your information from our database to make processing your order faster and easier. We also may keep track of your food preferences and restaurant choices and analyze that information in order to send you special advertisements, offers and notices regarding foods and restaurants that seem to fit with your preferences. We may also use the information to contact you concerning your level of satisfaction with our products and services, to verify incomplete orders, rectify problems or delays with your order or otherwise communicate with you concerning your transactions with us.

We may share your Personal Information with our affiliates, subsidiaries, contractors and franchisees as necessary in order to better serve you. We also aggregate information about how our online ordering service is used (without specific identification to any particular user) to be able to improve our service and make it more responsible to our customers’ preferences. We also make such aggregate information (without identification to any specific individual) available to our restaurant affiliates and other affiliates in order to obtain information about products, services, offers and notices which we believe will be useful and informative to our website users.

We use personal information we collect from you to send you special advertisements, offers and notices regarding our products and restaurants, including via mail and/or digital marketing platforms. When you use your pizzabolis.com account, we also keep track of your food preferences and restaurant choices and analyze that information. We do so in order to be able to send you special advertisements, offers and notices regarding foods and restaurants that seem to fit with your preferences, including via mail and/or digital marketing platforms.

We may share Personal Information with applicable law enforcement authorities if necessary to comply with a court order, subpoena, government investigation or other legal requirement.

3. How Can You Control the Use of Your Personal Information?

You can limit our communications directly to you. If you have a pizzabolis.com account and do not want to receive emails from us telling you about great deals, Contests or other promotional offers in the future, please let us know. You can change your preferences, or opt out of receiving emails from us, at any time (except when you are in the process of placing an order) by going to your Account and updating your e-mail address, phone numbers, password, address and you uncheck the “send me special offers” box or contacting us at [email protected]. Our emails to you will stop within 5 business days and we will not thereafter provide other merchants the means to contact you by e-mail about their Contests or other offers.

4. How do We Protect the Privacy of Children?

Online ordering, customer registration for online ordering, and customer feedback pages are directed toward and designed for use by persons aged 13 or older. We do not establish or maintain registrations for any child whom we know to be under the age of 13. We do not solicit or knowingly collect Personal Information from children under the age of 13. If we discover that we have received Personal Information from an individual who indicates that he or she is, or whom we otherwise have reason to believe is, under the age of 13, we will delete such information from our systems.

5. How Does our Site Interact with Third-Party Websites?

We may provide links to various third-party websites from this Site. If you link to another site, your privacy depends on the policy of that site. We strongly urge you to check their privacy policy. Not all sites guarantee that they will not share your personally identifiable information with others.

6. Do Our Policies Change?

This is our current privacy and security policy, but we reserve the right to change our website and this policy at any time. You should check this privacy policy periodically. If our policies regarding collection, storage and use of your information change, the information collected under prior policies will continue to be governed by those policies, unless we obtained your consent to use that information in new ways.

7. How Can you Contact Us?

We want you to enjoy your Pizza Boli’s experience and your use of the Site. If you have any questions, or believe that a violation of this policy may have occurred, please let us know by contacting us at [email protected].

©2019 Prosperity System, Inc. All rights reserved.