Terms and Conditions of Use of the Mama DeLuca’s Pizza Web Site
Please Carefully Read the Following Terms and Conditions
Use of the pages in the Mama DeLuca’s Pizza Web Site is dependent on your agreement to the following terms and conditions. If you do not agree to these terms and conditions, you should not use this site.
Restrictions on Use
All material from www.mamadelucaspizza.com (the “Site”) and any other web site which is owned operated, licensed, or controlled by Mama DeLuca’s Pizza, LLC ("Mama DeLuca’s") may not be copied, distributed, modified, republished, reused, uploaded, reposted, transmitted, or otherwise used outside the scope of normal web browsing without prior written consent of the Mama DeLuca’s. The material in this Site is provided for lawful purposes only and any other use or modification of the materials found in this site violates the intellectual property rights of the Mama DeLuca’s. Any material that is downloaded from our Site, including but not limited to files, data and images, will be deemed to be licensed to you by the Mama DeLuca’s. Mama DeLuca’s retains full and complete title and intellectual property rights to all materials. You may not reproduce, sell, repost, modify, or convert any materials in this site in any manner inconsistent with these terms and conditions.
Restriction of Liability
Mama DeLuca’s does not make any guarantee as to the accuracy of this Site or of any other site that is owned, operated, licensed, or controlled by Mama DeLuca’s. Mama DeLuca’s reserves the right to make changes or corrections from time to time without notice or obligation. MAMA DELUCA’S DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND; ANY WARRANTY, EXPRESS OR IMPLIED, IS HEREBY EXCLUDED AND DISCLAIMED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. All materials are provided in this site "AS IS" and "WITH ALL FAULTS." Some states do not allow limitations on implied warranties, so the above disclaimer may not apply to you.
Mama DeLuca’s will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Mama DeLuca’s will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Mama DeLuca’s or an authorized Mama DeLuca’s representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Mama DeLuca’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.
External Links to the Mama DeLuca’s Pizza Web Site
All links to the Site must be approved in writing by Mama DeLuca’s, except that Mama DeLuca’s consents to links in which: (i) the link is a text-only link containing only the name "Mama DeLuca’s Pizza"; (ii) the link "points" only to the Home Page www.mamadelucaspizza.com; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Mama DeLuca’s nor be such as to damage or dilute the goodwill associated with the name and trademarks of Mama DeLuca’s. Mama DeLuca’s reserves the right to revoke this consent to link at any time in its sole discretion.
The following trademarks are registered to Mama DeLuca’s in the U.S.A. and other countries: Mama DeLuca’s, Mama DeLuca’s Pizza Now.
These trademarks are the sole property of Mama DeLuca’s. No license to use any of these marks is given or implied. These marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission of Mama DeLuca’s.
Copyright is a form of protection provided by the laws of the United States (Title 17, U.S. Code). Any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain shall be punished according to the laws as stated in Title 17, U.S. Code.
All contents of this Site are Copyright © 2007 Mama DeLuca’s Pizza, LLC., 300 Bic Drive, Milford, CT 06461. All rights reserved.
Mama DeLuca’s Pizza, LLC is a Delaware limited liability company and was organized principally for the development and franchising of the Mama DeLuca’s brand pizza concept. Mama DeLuca’s is owned by trusts established by the founders of Doctor’s Associates Inc. (“DAI”). DAI is a Florida corporation that owns all rights in the SUBWAY® trademark and associated SUBWAY® restaurant franchise system. Mama DeLuca’s has no rights in or to the SUBWAY® franchise system.
No person or entity other than Mama DeLuca’s has made any representations of any kind with regard to the performance of and/or capacity to perform Mama DeLuca’s obligations. The sole party against which you may seek damages or any remedies for any claim, including but not limited to, fraud, breach of contract, unjust enrichment, unfair trade practices, or any other theory of recovery of any kind or nature, is Mama DeLuca’s. You are advised to conduct your own independent research into Mama DeLuca’s prior to making a decision to enter into an agreement, franchise, relationship, or other business venture with Mama DeLuca’s.
You expressly agree that there will not be any liability on the part of (a) DAI, its shareholders, directors, officers, employees and/or agents, and/or (b) any persons and entities who are the owners, directors, officers, employees, and/or agents of Mama DeLuca’s. This exculpation of liability shall be absolute and without any exception whatsoever.
SERVICE CONTACT: email@example.com
Franchise Sales Disclaimer: The information available on this Site is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise. It is for informational purposes only.
A franchise is offered solely by means of a Franchise Offering Circular and no franchise will be sold unless the required Franchise Offering Circular has been delivered to the prospective franchisee prior to the sale in compliance with applicable law. Additionally, any offer to sell a franchise will only be made after individuals have completed an application and been qualified to purchase a franchise.