TERMS AND CONDITIONS OF USE OF SBARRO.COM
Proprietary Material and Restrictions on Use
All material on the Website www.sbarro.com, including text, graphics, and other material ("Material") is owned by Sbarro or its licensors, and is protected by U.S. and international intellectual property laws. SBARRO, SBARRO THE ITALIAN EATERY, any other marks associated with the Sbarro franchise network, and all other marks appearing on the Site are service marks and registered service marks exclusively owned by Sbarro.
Material may not be downloaded, copied, distributed, modified, republished, used, uploaded, reposted, transmitted, or otherwise used outside the scope of normal web browsing without prior written consent of Sbarro. Sbarro retains all right, title, and interest in and to Materials, including all copies. You may not alter or delete any service marks, trademarks, trade names, logos, or other notice concerning proprietary rights from any Materials. Any use of Materials other than as expressly stated herein is prohibited and may violate the intellectual property rights of Sbarro.
Warranty Disclaimer and Limitation of Liability
THE SITE AND ALL MATERIALS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." SBARRO DOES NOT MAKE ANY REPRESENTATION OR GUARANTEE AS TO THE ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SITE OR OF ANY OTHER SITE OWNED, OPERATED, LICENSED, OR CONTROLLED BY SBARRO. SBARRO RESERVES THE RIGHT TO MAKE CHANGES OR CORRECTIONS TO THE SITE AND THE MATERIALS FROM TIME TO TIME WITHOUT NOTICE OR OBLIGATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SBARRO DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND; EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY , OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE OR ANY MATERIALS. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
IT IS UNDERSTOOD AND AGREED THAT SBARRO'S LIABILITY AND THE WEBSITE USER'S SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED THE AMOUNT THAT THE USER PAID TO ACCESS THE SITE. UNDER NO CIRCUMSTANCES SHALL SBARRO BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, INJURY OR DAMAGES RESULTING FROM USE OF THE SITE, DAMAGE TO OR LOSS OF EQUIPMENT, ANY INTERRUPTIONS, DEFECTS, DELAYS, OMISSIONS, OR FAILURE OF TRANSMISSIONS, COMPUTER VIRUS, OR FAILURE TO CONNECT, EVEN IF SBARRO HAS BEEN NEGLIGENT OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws principles. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the federal, state or local courts located in New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive personal jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
You will defend, indemnify, and hold harmless Sbarro and its franchisees, subsidiaries and affiliates, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including, without limitation, reasonable attorney's fees, that arise from your use or misuse of the Site or Materials or from your breach of the Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate fully with any such defense.
The Site links to other websites on the Internet. We assume no responsibility for material found on other sites. You are granted a limited, non-exclusive right to create a hypertext link to the Site, provided it is a text-only link clearly marked "SBARRO" which points to the URL (www.sbarro.com) and not to other pages within the Site, and which displays the Site "full-screen" and not within a "frame" on the linking web site. Further, the appearance, position and other aspects of any link to the Site must not be such as to damage or dilute the goodwill associated with our name, trademarks, and service marks, create the false appearance that we are associated with or sponsor the linking web site, or present Sbarro in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time in our sole discretion.
SBARRO FRANCHISING WEB DISCLAIMER
NONE OF THE COMMUNICATIONS MADE THROUGH THIS WEB SITE SHOULD BE CONSTRUED AS AN OFFER TO SELL ANY FRANCHISE IN, NOR IS ANY SUCH COMMUNICATION DIRECTED TO, THE RESIDENTS OF ANY JURISDICTION REQUIRING REGISTRATION OF THE FRANCHISE BEFORE IT IS OFFERED OR SOLD IN THE JURISDICTION. NO FRANCHISES WILL BE SOLD TO ANY RESIDENT OF ANY SUCH JURISDICTION UNTIL THE OFFER HAS BEEN EXEMPTED FROM THE REQUIREMENTS OF, OR DULY REGISTERED IN AND DECLARED EFFECTIVE BY, SUCH JURISDICTION AND THE REQUIRED UNIFORM FRANCHISE OFFERING CIRCULAR (IF ANY) HAS BEEN DELIVERED TO THE PROSPECTIVE FRANCHISEE BEFORE THE SALE IN COMPLIANCE WITH APPLICABLE LAW, IF YOU HAVE ANY QUESTIONS CONCERNING THE REGISTRATION STATUS OF FRANCHISES IN YOUR JURISDICTION, PLEASE CONTACT