Terms and Conditions
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND PIZZAREV. (“PIZZAREV,” “WE,” “US” OR “OUR”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE PIZZAREV WEBSITE LOCATED AT THE URL: WWW.PIZZAREV.COM (THE “SITE”) AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.PIZZAREV.COM BY PIZZAREV, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE AND THE APPLICATION (COLLECTIVELY, THE “SERVICES”). ALL REFERENCES TO “SITE” INCLUDE ANY MOBILE APPLICATION OFFERED BY PIZZAREV (“APPLICATION”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE OUR SITE OR OUR APPLICATION, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. PIZZAREV MAY CHANGE THE CONTENT AND SERVICES THAT WE OFFER AT ANY TIME. PIZZAREV CAN CHANGE, MODIFY OR ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING A CHANGE NOTICE OR UPDATED TERMS OF USE ON THIS SITE. IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. YOUR CONTINUED USE OF THIS SITE, OR THE SERVICES AVAILABLE THROUGH THIS SITE, WILL BE CONCLUSIVELY DEEMED TO INDICATE YOUR ACCEPTANCE OF THE CHANGE.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH PIZZAREV. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Eligibility
You must be at least 18 years of age or older to download our Application or to place an order with us.
General Use Restrictions
Certain information, documents, products and Services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) that are not Submissions (as defined below) are provided to you by PizzaRev and are the copyrighted and/or trademarked work of PizzaRev or PizzaRev’s contributors.
Using the Site and the Services on the Site and our Application
You may download one copy of the material on this Site on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices.
You can place orders online for pickup, or at participating locations, delivery from third-party delivery vendors from PizzaRev stores through the online ordering system operated by olo.com. You can place these orders either as a guest or through an online account that you can create. To create an account, you must provide your first and last name, email address and a proposed password (“”PizzaRev Password”). Once your account is established, you can use that account to place orders. Please note that information you provide when setting up your account will be provided to both PizzaRev and olo.com and will also be subject to olo.com‘s User Agreement and Privacy Policy, which is available for viewing on the online ordering page.
To join our ‘Rev Rewards’ member program, you must submit information including your name, phone number, zip code, and email address. You will also have the ability to provide additional optional information including but not limited to your birthday, preferred store location, gender, and meal occasions for which you visit PizzaRev. This information is not required to sign up for Rev Rewards, but may be helpful to PizzaRev in providing you with more a more customized experience when using the Site or its Services.
Currently, PizzaRev also provides you with the ability to sign into your account using your existing account and log-in credentials through the following Third Party Websites (as defined below), which may change from time to time: Facebook and Google+ (a “Third Party Site Password”). If you log into our Site or Application through a Third Party Site, you may be able to configure your privacy settings in your Third Party Site account to permit your activities on this Site to be shared with your contacts in your Third Party Site account and, in certain situations, you may be transferred to a Third Party Site through a link, but it may appear that you are still on this Site.
You are responsible for maintaining the confidentiality of your PizzaRev Password and any Third Party Site Password, (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let anyone else access your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify PizzaRev if any of your Passwords on this Site are lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.
You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.
Online Ordering and Purchases
You can also place orders through the Site through an online ordering system operated by olo.com. The following additional information is requested when you place an order: first and last name, zip code, and email address. If the selected PizzaRev store allows payment online, olo.com will request your credit or debit card number, expiration date, CVV or other applicable security code, and billing address. You agree to pay all fees or charges, including applicable taxes, for any items that you order through our Site or Application.
Receiving Information From Us
If you place an order with us, create an account, or download our Application, you agree to receive communications via email from us. We may email you about changes to our Services, these Terms, and our privacy policy. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including, without limitation, that such communications be in writing.
Promotional Offers and Menu Items
Promotional offers and menu items displayed on the Site may not be available at all PizzaRev locations. Please check with your local PizzaRev location.
Privacy Policy
Your use of this Site, and the Services provided on or through the Site, is governed by the PizzaRev Privacy Policy, which is available at: http://www.PizzaRev.com/privacy (the “Privacy Policy”). You agree that we may use your personal information in accordance with the Privacy Policy.
Mobile Application
We make available the Application to access the Site via a mobile device. To use the Application you must have a mobile device that is compatible with the mobile service. We do not warrant that the Application will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third-party or use the Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that we may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application.
The following additional terms and conditions apply with respect to any Application that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and Us only, and not with Apple, Inc. (“Apple”).
Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
We, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
You agree that we, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Us as provider of the iOS App.
You agree that we, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and Us only, and not with Google, Inc. (“Google”).
Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.
Links to Third Party Sites
We have links on our Site to other websites that are not affiliated with PizzaRev (collectively, “Third Party Websites”). Those websites will have different privacy policies from our Site and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Site privacy policy and terms and conditions and/or user guides. PizzaRev is providing links to the Third Party Sites to you as a convenience, and PizzaRev does not verify, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. YOU AGREE THAT PIZZAREV WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third party entity or individual does not constitute or imply PizzaRev’s endorsement or recommendation.
Submissions
We do not currently, but may in the future allow users to post content on our Site or in connection with our Services. If we allow such postings, you are responsible for the accuracy and integrity of anything that you submit to us (a “Submission”), and you must ensure that you have the rights to it – don’t violate someone else’s copyright. You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the ownership to PizzaRev set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
Unless otherwise explicitly stated herein or in the PizzaRev Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that we may use any of your Submissions for any purpose, and you hereby assign, transfer and convey to PizzaRev all your worldwide right, title and interest in and to your Submissions, and the complete right to exploit or otherwise use the Submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, and all contract and licensing rights.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require PizzaRev to monitor, police or remove any Submissions or other information submitted by you or any other user.
Unauthorized Activities.
Please be respectful when you use our Site and Services. For example, you agree not to:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on this Site.
This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to terminate your ability to post to this Site (or the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that PizzaRev determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. PizzaRev may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or at PizzaRev’s discretion, PizzaRev will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Submissions and unauthorized use of any Materials or third party content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold PizzaRev and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) PizzaRev or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your username and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Proprietary Rights
PizzaRev is a registered trademark of PizzaRev Restaurants, Inc. in the United States. Unauthorized use is strictly prohibited. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, Site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of PizzaRev Restaurants, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement
Notification:
PizzaRev respects the intellectual property rights of others, and we ask you to do the same. PizzaRev may, in appropriate circumstances and at our discretion, terminate access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide PizzaRev’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit PizzaRev to locate the material.
- Information reasonably sufficient to permit PizzaRev to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PizzaRev’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Attn: General Counsel
PizzaRev
2535 Townsgate Rd., Suite 101
Westlake Village, CA 91361
Email: app@PizzaRev.com
Fax: 805-379-9081
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Disclaimer of Warranties
Your use of this Site and/or the Services is at your own risk. Neither the Materials nor Submissions have been verified or authenticated in whole or in part by PizzaRev, and they may include inaccuracies or typographical or other errors. PizzaRev does not warrant the accuracy of timeliness of the Materials or Submissions. PizzaRev has no liability for any errors or omissions in the Materials and/or Submissions, whether provided by PizzaRev or our licensors.
PIZZAREV, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS OR SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PIZZAREV DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
PIZZAREV SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL PIZZAREV BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF PIZZAREV KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
PizzaRev controls and operates this Site from its headquarters in the United States of America and the Materials or Submissions may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
Feedback
We like to hear from you. If you have comments about our Site, Services, or individual restaurants, let us know. Please note that your comments are not confidential or proprietary, and we may use any comments that you submit to us. You hereby assign all right, title, and interest in, and PizzaRev is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that PizzaRev is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
If you have a complaint or concern, please contact us. If we cannot resolve our dispute, we require you to engage in arbitration with us. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and PizzaRev shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “PizzaRev” means PizzaRev and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and PizzaRev regarding any aspect of your relationship with PizzaRev, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as PizzaRev’s licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give PizzaRev an opportunity to resolve the Dispute. You must commence this process by mailing written notification to PizzaRev at the following address: Attn: PizzaRev 2535 Townsgate Rd., Suite 101, Westlake Village, CA 91361. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If PizzaRev does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or PizzaRev may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to PizzaRev at the following address: 2535 Townsgate Rd. Suite 101, Westlake Village, CA 91361. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with PizzaRev through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with PizzaRev. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Arbitration Procedures
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or PizzaRev may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879 FREE. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267 FREE. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or PizzaRev may initiate arbitration in either Thousand Oaks, CA or the federal judicial district that includes your billing address. If you select the federal judicial district that includes your billing address, PizzaRev may transfer the arbitration to Thousand Oaks, CA in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – PizzaRev will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with PizzaRev as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and PizzaRev specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver
You understand and agree that by entering into this Agreement you and PizzaRev are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and PizzaRev might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
Continuation
This Provision shall survive the termination of your service with PizzaRev or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if PizzaRev makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require PizzaRev to adhere to the language in this Provision if a dispute between us arises.
Miscellaneous
If you violate these Terms, PizzaRev may terminate and/or suspend your access to this Site without notice. PizzaRev prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by PizzaRev, may result in immediate termination of your access to this Site. The FAA, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms or this Site will be heard in the courts located in Ventura County, California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. PizzaRev’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and PizzaRev and supersede all prior or contemporaneous negotiations, discussions or agreements between you and PizzaRev about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Contact Us
If you have any questions about these Terms or otherwise need to contact PizzaRev for any reason, you can reach us at:
PizzaRev
2535 Townsgate Rd., Suite 101
Westlake Village, CA 91361
Attend: Website Support
Phone: (805) 418-5202
https://pizzarev.com/about/#contact