Terms of Use

Last Modified: July 19, 2019

Acceptance of the Terms of Use

These Terms of Use are entered into by and between You and LEONARDO’S PIZZA, INC. (“Company,” “we,” or “us”). The following Terms of Use govern your access to and use of our website, https://leonardosonline.com/, including any content, functionality, and services offered on or through https://leonardosonline.com/ (the “Website”), whether as a guest or a registered user, and of any apps associated with the Website (the “Apps”) and the Leonardo’s Pizza Loyalty Reward Program (the “Loyalty Program”) (collectively, the “Web Content”).

Please read the Terms of Use carefully before you begin using the Web Content. By using the Website, the Apps and/or the Loyalty Program, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.leonardosonline.com/privacypolicy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use this Website, the Apps or the Loyalty Program.

The Web Content is only offered and available to users who are 13 years of age or older and reside in the United States or its territories or possessions. By using the Web Content, you represent and warrant that you are of legal age and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Web Content.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website, the Apps and the Loyalty Program thereafter.

Your continued use of the Web Content following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Web Content and Account Security

We reserve the right to withdraw or amend the Web Content and any service or material we provide therein, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Web Content is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Web Content to registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Web Content; and
Ensuring that all persons who access the Web Content through your internet connection are aware of these Terms of Use, agree to comply with them, and actually do comply with them.

To access the Web Content or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Web Content that all the information you provide on the Website, in the Apps, and in the Loyalty Program (as applicable) is correct, current and complete. You agree that all information you provide to register with this Website, the Apps and/or the Loyalty Program or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy (www.leonardosonline.com/privacy-policy) and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any portion of the Web Content using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to log out and/or otherwise exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Web Content and its entire contents, features, and functionality are owned by the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Web Content for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or through our Apps or Loyalty Program, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website and/or Loyalty Program for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user
license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this Website, the Apps, or the Loyalty Program.
Use any illustrations, photographs, video or audio sequences, or any graphics obtained from the Web Content separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Web Content.
Access or use for any commercial purposes any part of the Web Content or any services or materials available through the Web Content.

If you wish to make any use of material on the Website, in the Apps or in the Loyalty Program other than that set out in this section, please address your request to: info@leonardosonline.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Web Content in breach of the Terms of Use, your right to use the Web Content will terminate immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Web Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Web Content not expressly permitted by these Terms of Use is a breach of these Terms of Use, and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans in the Web Content are the trademarks of their respective owners.

Prohibited Uses

You may use the Web Content only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Web Content:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, or social media account names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Content, or which, as determined by us, may harm the Company or users of the Web Content, or expose them to liability.

Additionally, you agree not to:

Use the Web Content in any manner that could disable, overburden, damage, or impair the Web Content or interfere with any other party’s use of the same, including their ability to engage in real-time activities through the Web Content.
Use any robot, spider, or other automatic device, process, or means to access the Web Content for any purpose, including monitoring or copying any of the material on the Web Content.
Use any manual process to monitor or copy any of the material on the Web Content, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Web Content.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Web Content.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Web Content and/or the server which hosts or stores that Web Content, or any server, computer, or database connected to the Web Content.
Attack the Web Content via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Web Content.

Monitoring and Enforcement; Termination

We have the right to:

Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Web Content.
Terminate or suspend your access to all or part of the Web Content for any or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting or posting any materials on or through the Web Content.

Content Standards

These content standards apply to any and all use of Interactive Services of the Web Content, which refers to all tool, methods or means by which users may submit or transmit to other users or other persons content or materials on or through the Web Content. Users of Interactive Services must not use or submit any material that:

Is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Violates the legal rights (including the rights of publicity and privacy) of others or that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy (www.leonardosonline.com/privacy-policy).
Is likely to deceive any person.
Promotes any illegal activity, or advocate, promote, or assist any unlawful act.
Causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonates any person, or misrepresent your identity or affiliation with any person or organization.
Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Changes to the Web Content

We may update our Web Content from time to time, but its content is not necessarily complete or up-to-date. Any of the material in the Web Content may be out of date at any given time, and we are under no obligation to update such material.

Information About You

All information we collect on this Website, through the Apps and in our Loyalty Program is subject to our Privacy Policy (www.leonardosonline.com/privacy-policy). By using the Web Content, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and neither damages our reputation nor takes advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

You must not:

Establish a link from any website that is not owned by you.
Cause the Web Content or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Otherwise take any action with respect to the materials on this Website, in the Apps, or in the Loyalty Program that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website, the Apps, or the Loyalty Program will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEB CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SAME OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR AVAILABLE THROUGH THE WEB CONTENT OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEB CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB CONTENT IS AT YOUR OWN RISK. THE WEB CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEB CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEB CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEB CONTENT OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEB CONTENT OR ANY SERVICES OR ITEMS OBTAINED THEREFROM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS LICENSORS OR SERVICE PROVIDERS, OR THEIR EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEB CONTENT, ANY WEBSITES LINKED TO IT, ANY CONTENT IN OR ON THE WEB CONTENT OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law, Form Selection, Venue, and Interpretation

Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of the State of Vermont, without giving effect to principles of conflict of laws that would require the application of any other law.
Form Selection; Venue: All questions or controversies arising out of or in any way relating to these Terms of Use or any other aspect of the commercial relationships between the parties shall be submitted to the United States District Court for the District of Vermont or, in the event that District Court is without subject matter jurisdiction, to the courts of the State of Vermont having subject matter jurisdiction, and the parties submit themselves to the personal jurisdiction of such District Court or Vermont State Court, as the case may be, and any service of a summons, process or other paper in connection with such proceedings may be made by giving notice as provided in the Terms of Use. Nothing herein contained shall be construed as intended to preclude or in any way prohibit the Company from instituting and otherwise prosecuting to judgment a lawsuit in any court of competent jurisdiction to affect the collection of any sums due it or to enforce any right or remedy arising hereunder or otherwise. In the event the Company is the successful party on any claim by it, counterclaim by it, or defense by it in any action or proceeding brought by or against it with respect to you, you agree to pay, in addition to all other sums which may be due, the Company’s reasonable attorneys’ fees, costs and disbursements attributable to such claim, counterclaim or defense, both at the trial and any appellate level.
No Waiver: The waiver by a Party of a breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition, or of any subsequent breach of the same or any other term, covenant or condition. No covenant, term or condition of these Terms of Use shall be deemed to have been waived or modified by a Party, unless such waiver or modification is in writing and executed on behalf of the Party against whom such waiver or modification is to be enforced.
Severability: If any term, covenant or condition of these Terms of Use or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Terms of Use, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Terms of Use shall be valid and enforceable to the fullest extent permitted by law.
Entire Agreement: These Terms of Use, including the Privacy Policy and any other agreement explicitly incorporated by reference herein, supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter, and there are no covenants, promises, agreements, conditions or understandings, written or oral, except as herein set forth.

Your Comments and Concerns

This website is operated by Leonardo’s Pizza, Inc., which has a mailing address of P.O. Box 486, Burlington, Vermont 05402. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@leonardosonline.com.