Welcome to athletepizza.com/theproteinza.com. This web site, any related subdomains, microsites and the Omaha Steaks mobile web site (collectively, the “Site”), is operated by Vinnys Italian Restaurant as part of NTM USA LLC (“Athletepizza.com”) as a service to our customers on behalf of athletepizza.com and its affiliates. These Terms of Use govern your use of this Site. Your use of the Site constitutes your acceptance of these Terms of Use. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH BELOW. BY ACCEPTING YOU ARE AGREEING TO EVERY PROVISION OF THIS AGREEMENT WHETHER OR NOT YOU HAVE READ IT.
THESE TERMS OF USE APPLY TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY EMAIL, BY FAX, BY TELEPHONE, IN PERSON, OR BY ANY MEANS OF TRANSMISSION.
Athletepizza.com.com may update or modify these Terms of Use at any time, without prior notice. By using this Site following any such change, you agree to be bound by the Terms of Use as changed. Athletepizza.com recommends you review these Terms of Use each time you visit the Site.
Use of the Site
All materials on this Site, including all images, text, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the “Content”), are intended solely for personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Content for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Content; (2) do not modify or alter the Content in any way; and (3) do not provide or make available the Content to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or this Site without first obtaining written permission from Athletepizza.com.
Athletepizza.com may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. OmahaSteaks.com also reserves the right to block or deny access to the Site to anyone at any time for any reason.
Comments and Feedback
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Athletepizza.com on or by the Site or otherwise disclosed, submitted or offered to Athletepizza.com (collectively, “Comments”) shall be and remain Athletepizza.com’s property, which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to Athletepizza.com of all worldwide rights, title and interest in all copyrights and other intellectual property in the Comments. Athletepizza.com is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments. You agree that no Comments submitted by you to Athletepizza.com will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.
Prohibited Uses
Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited. Violations of system or network security may result in civil or criminal liability. Athletepizza.com will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for such user or logging into a server or account which user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “mailbombing,” or “crashing,” or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Privacy and Your Information
We collect personal information about you. We gather some information through our relationship with you, such as your phone number, address, and information about your preferences. You can find out how we use, share and protect the information we collect about you in our Privacy Policy, which is incorporated into these Terms of Use. By entering into this agreement you agree to the use of your information in accordance with our Privacy Policy, including, among other things, Collected Information and How We Use Your Information; Cookies Technology; Security. We provide you with choices to limit, in certain circumstances, our use of the data we have about you.
Disclaimer of Warranty
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER ATHLETEPIZZA.COM NOR ITS AFFILIATES, SUBSIDIARIES OR DESIGNEES NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, PREDECESSORS IN INTEREST, SUCCESSORS, ASSIGNS, OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE ATHLETEPIZZA.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER ATHLETEPIZZA.COM, NOR ITS ASSOCIATES, WARRANTS THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE ATHLETEPIZZA.COM SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE ATHLETEPIZZA.COM SITE. FURTHER, ATHLETEPIZZA.COM MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE ATHLETEPIZZA.COM SITE IS APPLICABLE TO, OR APPROPRIATE FOR, USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. ATHLETEPIZZA.COM AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ATHLETEPIZZA.COM OR ITS ASSOCIATES SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ATHLETEPIZZA.COM OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OMAHASTEAKS.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE OMAHASTEAKS.COM SITE. 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.
Disputes and Arbitration
We hope to make you a happy and satisfied customer, but if there is a dispute that needs to be resolved, this section outlines what is expected of both of us.
You Agree to Provide Athletepizza.com an Opportunity Informally to Resolve Your Dispute. Before you may pursue or participate in a dispute (or raise such dispute as a defense) in any court or arbitration against Athletepizza.com or its Associates for any claims, including claims related in any way to Athletepizza.com products, these Terms of Use, billing, privacy, advertising, or Athletepizza.com’s or its Associates’ communications with you, you must first send a written description of your claim to: NTM USA LLC, 14185 Beach Blvd, Jacksonville, Florida, 32250 Attn: Legal, and you must allow Athletepizza.com a reasonable opportunity to resolve your dispute. Your written notice must describe the problem in reasonable detail, and identify or enclose all relevant documents and information. You and Athletepizza.com agree to negotiate in good faith with each other to try to resolve your claim. If you and Athletepizza.com do not reach a resolution of your dispute within one hundred and twenty (120) days after Athletepizza.com receives your written notice of claim, you may pursue your claim in arbitration or, solely to the extent specifically provided below, in court.
b. Arbitration. You and Athletepizza.com agree to arbitrate all disputes between the parties, except as provided in this subsection (b). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, even if the claim arises or may arise before or after the term. For purposes of this arbitration provision, references to “Athletepizza.com”, “you,” and “us” includes our Associates. This agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this provision.
Notwithstanding the arbitration agreement set forth in the prior paragraph, if you fail to pay in full any amounts you owe when they are due, Athletepizza.com may assign your account for collection, and Athletepizza.com and/or the collection agency may pursue in court claims limited to the collection of past due amounts and any interest or cost of collection permitted by law or these Terms. (However, Athletepizza.com disclaims any and all liability, and you relieve Athletepizza.com from any and all liability, with respect to the conduct of any such collection agency.) In addition, Athletepizza.com may seek injunctive relief in any court with respect to any violation of a patent, trademark, service mark, copyright, trade secret, and/or other intellectual property rights of Athletepizza.com or of any third party. YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if: (a) your claim qualifies for small claims court in a location where jurisdiction and venue over you and Athletepizza.com is proper, in which case you may initiate proceedings in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE (THE “OPT-OUT DEADLINE”). You may opt out by writing to us at either of the following addresses:
NTM LLC USA
14185 Beach Blvd
Florida, 32250
Attn: Legal |
admin@athletepizza.com |
Either you or Athletepizza.com may start an arbitration proceeding by sending to the other, by certified mail, a letter requesting arbitration (“Demand”). If you start the arbitration, you must send the Demand to Athletepizza.com, attn.: Monali Patel, 14185 Beach Blvd, Jacksonville, Florida. The Demand must (i) describe the nature and basis of the claim or dispute and (ii) set forth the relief sought. The American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by these Terms of Use, will govern the arbitration. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. If your claim is for $1,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. If your claim exceeds $1,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written opinion sufficient to explain the essential findings and conclusions on which the decision is based.
Upon you or Athletepizza.com filing an arbitration demand, Athletepizza.com will consider paying all filing, administration, and arbitrator fees, unless your claim exceeds $5,000. If you initiate an arbitration in which you seek more than $5,000 in damages, the AAA rules will govern the payment of these fees. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless Athletepizza.com and you agree otherwise in writing, any arbitration hearings will take place in the county (or parish) in which your most recent billing address (as you provided to Athletepizza.com) is located.
One arbitrator, who is selected under the AAA Rules and who has expertise in consumer disputes in the food industry, will conduct the arbitration. If no arbitrator possessing such expertise is available, then the arbitration will be conducted by a single arbitrator who is selected by the mutual written approval of you and Athletepizza.com. The decisions of the arbitrator will be binding and conclusive on all parties. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. This provision will be specifically enforceable in any court. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
You or Athletepizza.com must bring any claim arising out of or related to these Terms or our relationship within one (1) year after the claim arises, or the claim will be permanently barred. To the extent the law applicable under subsection (c) of these Terms of Use makes this limitations period unenforceable with respect to any claim(s), then the statutes of limitations of the State whose laws govern these Terms under subsection (c) shall apply.
YOU AND ATHLETEPIZZA.COM AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR ATHLETEPIZZA.COM SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
IF YOU TIMELY OPT OUT OF THE ARBITRATION PROVISION IN THE MANNER DESCRIBED ABOVE, THEN THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION WILL NOT APPLY TO YOU. ATHLETEPIZZA.COM DOES NOT CONSENT TO CLASS ARBITRATION; ACCORDINGLY, IF A COURT REFUSES TO ENFORCE THIS SUBSECTION (b), THEN THE AGREEMENT TO ARBITRATE SHALL BE UNENFORCEABLE AS TO YOU. WHETHER A CLAIM PROCEEDS IN COURT OR IN ARBITRATION, YOU AND OMAHASTEAKS.COM HEREBY WAIVE ANY RIGHT TO A JURY TRIAL..
c. Governing Law. These Terms, and any disputes arising between you and Athletepizza.com related in any way to these Terms of Use or Athletepizza.com’s products, including but not limited to disputes over billing, service, privacy, advertising, or Athletepizza.com’s or its Associates’ communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the State in which your most recent billing address (as you provided to Athletepizza.com) is located, without regard to choice of law principles.
