Last modified: October 1, 2019
TD Food Group, Inc., a subsidiary of Pacific Island Restaurants, Inc., and its affiliates Hawaii Pizza Hut, Inc., Pizza Hut of Guam, Inc., Pizza Hut of Saipan, Inc., Taco Aloha, Inc., TB Guam, Inc. (collectively, the "Company") is committed to protecting the privacy of the personal information you provide us on our Web site ("Site"). We believe it is important for you to know how we treat the information you share with us. These Terms of Use ("Terms" or "Agreement") govern your use of our Site and its features.
The Company may revise the information, services and the resources contained in this Site from time to time, and we reserve the right to make such changes without obligation to notify past, current or prospective visitors. Your continued use of this Site after changes have been made constitutes your acceptance of any new or amended terms. In no event shall the Company be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein.
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS SITE OR THESE TERMS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS ALSO INCLUDE A JURY WAIVER.
NO WARRANTY/LIMITATION ON LIABILITY
The Company strives to ensure that the information contained in this Site is accurate and reliable. However, the Company and the World Wide Web (or Web Site Host) are not infallible, and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to applicable law, the Company makes no representations about the reliability of the features of this Site, the Company Content (defined below), Submitted Content (defined below) or any other Site feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. The Company is not responsible for the information, data, text or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of the Company, and the Company does not endorse and has no control over Submitted Content. Submitted Content is not necessarily reviewed by the Company prior to posting and the Company makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. The Company makes no representations regarding the amount of time that any Company Content or Submitted Content will be preserved.
The Company disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the merchantability or fitness for any particular purpose. The Company is not liable or responsible for any damages or injuries caused by use of this Site (such as viruses, omissions or misstatements). THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE COMPANY'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS OR SERVICES. In no event shall the Company's total liability for all damages, losses and causes of action exceed five dollars (U.S. $5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.
COMMUNICATING WITH THE COMPANY
On certain areas of our Site, you may be given the ability to contact us by using the Contact Us form, for example. The information that you provide to us through this Site is governed by our Privacy Policy.
These areas are designed to give our users the ability to contact us with questions or concerns. They are not intended for, and should not be used to, submit unsolicited ideas. It is Company policy not to accept such unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or similar materials from outside parties. By entering the Site you acknowledge and agree that any materials, ideas or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. It is Company's policy not to accept, and to return, any unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other similar materials. Nevertheless, should you submit such materials, you understand that you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.
COMPANY PROPERTY
This Site contains many valuable trademarks owned and used by Pizza Hut, LLC and Taco Bell IP Holder, LLC, and its subsidiaries and affiliates throughout the world. These trademarks are used to distinguish Pizza Hut and Taco Bell's quality products and services. "Pizza Hut and Taco Bell Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Pizza Hut and Taco Bell use in connection with its products and services. You may not remove or alter any Pizza Hut or Taco Bell Trademarks, or co-brand your own products or material with Pizza Hut and Taco Bell's Trademarks without Pizza Hut and Taco Bell's prior written consents. You acknowledge Pizza Hut and Taco Bell's rights in Pizza Hut and Taco Bell Trademarks and agree that any use of Pizza Hut and Taco Bell Trademarks by you shall inure to Pizza Hut and Taco Bell's sole benefit. You agree not to incorporate any Pizza Hut or Taco Bell Trademarks into your marks, company names, internet addresses, domain names, or any other similar designations. The text, graphics and html code contained in this Site are the exclusive property of Pizza Hut and Taco Bell ("Pizza Hut and Taco Bell Content"). Pizza Hut and Taco Bell Content is protected from reproduction and simulation under national and international laws and except where otherwise noted, is not to be copied, distributed, displayed, reproduced or transmitted in any form, by any means, without the prior express written permission of Pizza Hut or Taco Bell.
Third-party content, such as user-posted content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights, is the property of the third parties that market or license that content, and is used by Pizza Hut and Taco Bell subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please send us a message through our "Contact Us" page.
USER-SUBMITTED CONTENT
On certain areas of our Site you may be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content ("Submitted Content"). You have no ownership rights to access to the Site or features therein, and the Company may delete all Submitted Content at any time, with or without notice, if the Company deems that you have violated these Terms, the law, or for any other reason. The Company assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site.
By posting, displaying, publishing or otherwise submitting Submitted Content on or through this Site, you understand and acknowledge that any materials or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts or other materials you transmit to the Company may be used by the Company anywhere, anytime and for any reason whatsoever subject to the following terms:
You hereby grant to the Company a limited, nonexclusive, sub licensable, worldwide, fully paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce and distribute Submitted Content. This license includes the right to host, index, cache, distribute and tag any Submitted Content, as well as the right to sublicense Submitted Content to third parties, including other users, for use on other platforms, such as for use on mobile phones, in video or music software computer programs.
You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the Site and/or by reason of the license granted herein.
Your posting of Submitted Content is further subject to the following posting rules:
You may not post any content that, as determined in the Company's sole discretion, is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate.
You may not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of the Company. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
You may not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing Site visitors to a location for more information about a product or service.
You may not post any software, files or links to other sites, and you may not post any content that contains viruses, corrupted files or any other similar software or programs that may adversely affect the operation of the Site or features of the Site. You may not modify in any way any specifications, technology or application codes provided to you by the Company or as embedded in the Submitted Content unless expressly authorized in writing by the Company.
The Company does not necessarily monitor any materials posted, transmitted or communicated to or within the Site. If you believe that something on the Site violates these Terms, please send us a message through our "Contact Us" page. The above terms do not apply to any ideas or other nonprotectable information you may submit to the Company, which ideas will be governed by the "Communicating With The Company"
WEB SITE ACCESS
A. The Company hereby grants you permission to use the Site as set forth in these Terms, provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without the Company's prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms.
B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their Submitted Content.
INDEMNIFICATION
You agree to indemnify and hold the Company, its parents, subsidiaries, officers, employees and Site contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of Submitted Content.
HYPERLINKS
This Site may link to sites not maintained by or related to the Company, Pizza Hut, LLC or Taco Bell IP Holder, LLC. Hypertext links are provided as a service to users and are not sponsored by or affiliated with this Site or the Company. The Company has not reviewed the sites hyperlinked to or from this Site and is not responsible for the content of any other site. These links are to be accessed at the user's own risk. The Company makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyperlinked to or from this Site. Furthermore, the Company does not implicitly endorse third-party sites hyperlinked to or from this Site.
DISPUTE RESOLUTION/ARBITRATION
It is the Company's goal that the Site meets your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, the Company is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with the Company, you acknowledge and agree that you will first give the Company an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute by filling out a form on our "Contact Us" page.
You then agree to negotiate with the Company in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after the Company's receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Site or these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate the Company's or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Company and/or the applicable third party(ies). You and we acknowledge that these Terms affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms (despite any other choice of law provision).
Arbitration under these Terms shall be conducted by the American Arbitration Association (the "AAA"). For claims of less than $75,000 USD, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000 USD, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879 (within the USA). The payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules or the AAA's Supplementary Procedures for Consumer-Related Disputes, as applicable. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. In addition, for claims under $75,000 USD as to which you provided notice and negotiated in good faith with the Company as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THESE, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THESE TERMS BY FILLING OUT A FORM ON OUR "CONTACT US" PAGE. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND THE COMPANY BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to the Site or these Terms be instituted more than one (1) year after the cause of action arose.
MISCELLANEOUS
These Terms constitute the entire agreement between you and the Company and govern your use of the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site and services. Both you and the Company acknowledge and agree that no partnership is formed, and neither you nor the Company has the power or the authority to obligate or bind the other.
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' original intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
Software that may be available in connection with this Site is subject to United States export controls. No software may be downloaded from this Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.
The failure of the Company to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of the Company, shall not be deemed a breach of this Agreement. If the Company fails to act with respect to your breach or anyone else's breach on any occasion, the Company is not waiving its right to act with respect to future or similar breaches.
The validity, interpretation and performance of these Terms shall be controlled and construed under the laws of the State of Hawaii. The parties agree that any claim or dispute one party has against the other party arising under or relating to these Terms (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved under the Dispute Resolution / Arbitration section of these Terms must be resolved exclusively by the state courts located in Honolulu, Hawaii, or the federal district courts located in Honolulu, Hawaii. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them. Some jurisdictions do not allow some of the provisions contained in these Terms, in which case one or more of such provisions may not apply to you.
The headings in this Agreement are for your convenience and reference. These headings do not limit or affect this Agreement.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
This Agreement constitutes a binding agreement between you and the Company, and is accepted by you upon your use of the Site. This Agreement constitutes the entire agreement between you and the Company regarding the use of the Site and the features therein.