TERMS OF USE
 
Website Terms of Use

Last Update: November 9, 2010
I. Introduction
Welcome to the family of websites for Sugo's Spaghetteria, including sugoscucina.com (referred to collectively as the "website"). This website is owned and operated by Michael Del Pietro restaurant Group ("Sugo's Spaghetteria" "we," or "us"). These Website Terms of Use (these "Terms of Use") govern all web pages, features, functionality, applications, content, products and services made available by us on or through the website.
Your Consent to these Terms of Use. Please ready these Terms of Use carefully. These Terms of Use set forth legally binding terms and conditions. By accessing or using the website, you accept and agree to be bound by these Terms of Use.
Privacy Policy; Additional Terms. These Terms of Use include the terms and conditions set forth herein as well as our Privacy Policy, located at sugoscucina.com/privacy-policy and incorporated into these Terms of Use by this reference. Certain areas of the website and product and service offerings may be subject to additional terms and conditions posted by us on the website or otherwise made available by us to you. Your access to and use of the website is conditioned upon your acceptance of such additional terms and conditions, which are hereby incorporated by reference into these Terms of Use.
Changes to these Terms of Use. We reserve the right to amend these Terms of Use from time to time. Any amendments shall be effective when posted by us on the website or otherwise made available to you. Your access to and use of the website after we have modified these Terms of Use shall signify your acceptance of the amended terms. It remains your responsibility to review these Terms of Use regularly to ensure that you are updated as to any changes.
Contacting Us. If you have questions about these Terms of Use, or any other questions or comments concerning the website, please contact us at sugoscucina.com/contact-us.
II. Website Use
Eligibility. By accessing and using the website, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have read and understand, and agree to comply with and be bound by these Terms of Use; (c) any information that you submit to us is, and will be updated to remain, truthful, complete and accurate; and (d) your access to and use of the website does not and shall not violate any applicable laws of your local jurisdiction.
Prohibited Activities. You may not access or use the website:

for advertising, promotional, or other commercial purposes, except in those forums (if any) where such activities are expressly permitted; to impersonate us or another user; to "stalk" or otherwise harass anyone, or contact any user that has not specifically asked to be contacted; to collect personal data about other users for commercial, unlawful or any other purposes; by automated means, including but not limited to spiders, robots, crawlers, or data mining tools, to download data from the website; or to attempt to gain unauthorized access to computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the website.
Furthermore, you may not post any content or take any other action on the website that:

is illegal, unlawful, violent, harmful, threatening, abusive, offensive harassing, defamatory, libelous, unsafe, invasive of another's privacy, or endangers minors in any way; promotes discrimination based on race, ethnicity, religion, gender, sexual orientation, age or marital status, or hatred or physical harm of any kind against any group or individual; is obscene, pornographic, or contains a link to an adult website; contains information or promotes activities that you know to be false, deceptive, misleading, inaccurate, deceitful or unsafe; or infringes, misappropriates, or violates the copyrights, trademarks, or other intellectual property or proprietary rights, rights of privacy or publicity, or other rights of any third party, or violates any contractual, fiduciary or other duty or obligation; involves the transmission of "junk mail," "chain letters," "pyramid schemes," "spam," or other unsolicited mass mailing or communications; or promotes criminal or illegal activity, including advertising any illegal service or offering any item for sale in violation of applicable law.
Termination. We reserve the right to terminate your use of the website at any time and for any reason, with or without prior notice to you, including if you violate any provision of these Terms of Use, or use the website in a manner for which it is not intended to be used. These Terms of Use will survive and remain in effect even after such termination.
Indemnification. You agree to indemnify and hold Sugo's Spaghetteria, its directors, officers, shareholders, affiliates, employees, agents and suppliers harmless from and against any and all claims, demands, actions, suits, prosecutions, awards, settlements, damages, liabilities, losses, fines, penalties, judgments, costs and expenses (including reasonable attorneys' fees and legal costs) arising out of or resulting in whole or in part from your use or misuse of the website, your violation of these Terms of Use, or your violation of any applicable law or regulation or the rights of another person or entity.
III. Proprietary Rights
Sugo's Spaghetteria and its suppliers reserve all right, title and interest in and to the website, including but not limited to all products, services, materials, information, and compilations of information available on or through the website, as well as the domain name and sub-domains, design, layout, graphics, programming code and "look and feel" of the website, the copyrights, trademarks, service marks, and trade dress related thereto, all goodwill arising therefrom, and all related intellectual property and other proprietary rights. You agree that you will have no rights in or to any of the foregoing, express or implied, other than a limited, non-exclusive, non-transferable, revocable license to access and use the website in accordance with these Terms of Use. You may not modify, reproduce, distribute, sell, or create derivative works based upon the website, or post any content from the website to newsgroups, blogs, mailing lists, social networking sites, or electronic bulletin boards.
IV. Disclaimers
THE WEBSITE AND THE PRODUCTS, SERVICES, CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALL USE OF THE WEBSITE IS "AT YOUR OWN RISK." SUGO'S SPAGHETTERIA, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, OR THE PRODUCTS, SERVICES, CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PRODUCTS, SERVICES, CONTENT, INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE WILL BE TRUE, ACCURATE, COMPLETE, UP-TO-DATE, FREE FROM VIRUSES OR OTHER MALICIOUS CODE, FREE FROM TYPOGRAPHICAL ERRORS OR ALTERATIONS BY THIRD PARTIES, OR ACHIEVE ANY PARTICULAR RESULTS.
V. Limitations On Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUGO'S SPAGHETTERIA, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST PROFITS, DAMAGE TO OR LOSS OF DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE WEBSITE, OR THE PRODUCTS, SERVICES AND INFORMATION AVAILABLE OR ADVERTISED THEREON, OR FOR ANY FORCE MAJEURE EVENT OR OTHER EVENT OR ACTION OUTSIDE OF THE REASONABLE CONTROL OF SUGO'S SPAGHETTERIA, INCLUDING FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE PRODUCTS, SERVICES, CONTENT, INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE. THE TOTAL CUMULATIVE LIABILITY OF SUGO'S SPAGHETTERIA, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS AND SUPPLIERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE WEBSITE, AND THE PRODUCTS, SERVICES AND INFORMATION AVAILABLE OR ADVERTISED THEREON SHALL NOT EXCEED THE GREATER OF (A) THE FEES (IF ANY) PAID BY YOU TO SUGO'S SPAGHETTERIA FOR THE PRODUCTS, SERVICES, INFORMATION OR MATERIALS GIVING RISE TO THE CLAIM OR (B) TEN DOLLARS ($10). THE LIMITATIONS ON LIABILITY IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INDEMNITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT EXPAND THIS LIMITATION. THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THESE TERMS OF USE, AND SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE; PROVIDED, HOWEVER, CERTAIN STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN INDIRECT DAMAGES, AND SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.
VI. Miscellaneous
Governing Law. The website is hosted and operated in the United States of America. These Terms of Use and the relationship between you and us relating to your access to and use of the website shall be governed by and interpreted for all purposes in accordance with the laws of the State of Missouri, USA, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction.
Jurisdiction and Venue. Any dispute, action or proceeding arising out of or related to these Terms of Use, your access to or use of the website, or the products, services, or information made available to you through the website shall be commenced in the state courts of St. Louis County, Missouri or, if proper subject matter jurisdiction exists, the U.S. District Court of the Eastern District of Missouri. You hereby consent and waive any objections to the exclusive personal jurisdiction and venue of such courts, including without limitation any objection based on forum non conveniens; provided, however, the foregoing shall not prevent us from seeking temporary or permanent injunctive or other equitable relief against you or compelling your contractual indemnification obligations in any court of competent jurisdiction.
Assignments. You may not assign these Terms of Use or assign or delegate any right or duty under these Terms of Use, in whole or in part. Any attempted assignment or delegation shall be null and void from the beginning and without effect. We may assign these Terms of Use or any right or duty under these Terms of Use, with or without notice to you, including to any affiliate or successor in interest. Subject to the foregoing, these Terms of Use shall be binding on and inure to the benefit of you and us, and each of our respective heirs, administrators, successors and permitted assigns.
Amendment; Waiver. Any amendment by you or waiver by us of these Terms of Use must be in writing and signed by an authorized representative of Sugo's Spaghetteria. No provision shall be waived by any act, omission or knowledge of a party. Any waiver on one occasion shall not constitute a waiver of any other or subsequent duty or breach.
Severability; Construction. If any provision of these Terms of Use is determined to be invalid or unenforceable under applicable law, the provision shall be amended and interpreted by a court of competent jurisdiction to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of these Terms of Use shall continue in full force and effect. The captions in these Terms of Use are for reference purposes only and shall not affect the meaning or interpretation of these Terms of Use. The term "including" as used herein means "including without limitation."
Entire Agreement. These Terms of Use, including the Privacy Policy and additional terms referenced herein, set forth the entire agreement of the parties, and supersede all prior and contemporaneous negotiations and agreements, written or oral, with regard to the subject matter hereof. Any additional or conflicting terms proposed by you in any correspondence or other communications with us are hereby objected to an expressly rejected.
 
MICHAEL DEL PIETRO  •  RESTAURANT GROUP
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