Terms & Conditions
The following terms and conditions (these “Terms and Conditions”) apply to your use of the Pinocchio websites, systems, and services (collectively, the “Services). Pinocchios’ online ordering is powered by Dining Software Group, Inc, (DiningTek). (“Pinocchios,” “us”, “we”, and “our”). These Terms and Conditions apply to all customers, visitors, and users of Pinocchios sites (collectively, “User”, “Users”, “you” and “your”). If you do not agree to be bound by these Terms and Conditions, promptly exit this site and cease using the Services.
Use of the Services:
Use of the Services is restricted to parties that can lawfully enter into and form contracts under applicable law. The Services are not intended for children under the age of 18.
You agree to comply with these Terms and Conditions, the applicable agreements and policies that supplement these Terms and Conditions, if any, and all applicable laws, regulations, and rules when you use the Services.
Pinocchios may revise and update these Terms and Conditions at any time. Your continued use of the Services after any changes to these Terms and Conditions shall be an acceptance of those changes.
We reserve the right to modify the organization, structure, or “look and feel” of the Services, and may change, suspend, or discontinue any aspect of the Services at any time without any liability to you or any third party. We shall have complete and exclusive discretion over the features, functions, prices, and other terms and conditions on which the Services are offered to you.
Communications with Pinocchios:
Pinocchios or DiningTek may contact you by email, telephone or otherwise in order to send you Services-related and other communications or notices. If you do not want to receive these communications from us, you may opt-out by following the opt-out and/or unsubscribe instructions in the email message (if included) or by requesting to be opted-out from further communications by emailing firstname.lastname@example.org.
Accuracy and Integrity of Information:
Although we attempt to ensure the integrity and accurateness of the Services, including the availability of certain restaurants or menu items, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Services or information therein. It is possible that the Services could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Services by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Services may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or content posted to the Services from any third party not affiliated with Pinocchios.
Pinocchios Online Order Policy:
Pinocchios is responsible for collecting cash payments.
Credit Card Purchases:
Users that choose to make purchases with credit or debit cards consent to Pinocchios’ and/or its payment processors’ use of their payment information to process and charge orders. Users must include all requested information to process the payments. Users are liable to Pinocchios for the full amount of any order placed.
Delivery and Incorrect Orders:
If an issue with your order arises, please contact Pinocchios immediately. Pinocchios is responsible for any issues with your order or that may arise during the pick-up or delivery process (including orders that have not been delivered). Users agree that the risk of loss transfers to them upon delivery of the appropriate information to the restaurant or delivery service. Users must file any formal claims directly with Pinocchios or with a third party delivery service.
However, if you are unsatisfied with your order, please let Pinocchios know at email@example.com as we may use that information to help remedy the situation and/or improve future service to our Users. Include all information regarding your order, including order number, restaurant name, date, and amount of the order, the order, and the order mistake.
All orders are non-refundable. However, Pinocchios may, in its sole discretion, cancel and refund orders. This may occur if items are out-of-stock or unavailable. Pinocchios may choose to refund all or part of an order in their sole discretion or as required by their policies.
Disclaimers and Exclusions:
PINOCCHIOS PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PINOCCHIOS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THEIR USE: (I) WILL BE UNINTERRUPTED; (II) WILL BE FREE OF INACCURACIES OR ERRORS; (III) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. PINOCCHIOS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND CONDITIONS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT. PINOCCHIOS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SERVICES.
Pinocchios disclaims any representations or warranties concerning any internet outage, technical issue, food order delay, order misinterpretation, food quality, food quantity, difference in orders, missing order information, missing payment method, payment processing errors, overpayments, missing tax, regulatory fees, cash exchange, or any fees caused by technical errors.
However, Pinocchios is committed to helping resolve any issues that may arise when using the Pinocchios online order system powered by DiningTek. In any case of errors please contact Pinocchios immediately through email at firstname.lastname@example.org.
Limitation of Liability:
PINOCCHIOS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF PINOCCHIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES, OR RELATED INFORMATION OR PROGRAMS.
You agree to indemnify, defend, and hold harmless Pinocchios, its directors, officers, employees, consultants, agents, and other representatives, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms and Conditions; (b) any allegation that any materials you submit to us infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and (c) your activities in connection with the Services.
The Pinocchios name and logo, and all other trademarks, service marks and trade names in relation to the Services (collectively, “Marks”) are owned by Pinocchios and may not be used in any manner without the express written consent of Pinocchios. Unauthorized use of any Marks may be a violation of federal and state trademark laws.
License and Ownership:
Any and all intellectual property rights (“Intellectual Property”) associated with the Services and its contents (the “Content”) including, without limitation, text, video, graphics, logos, images, digital downloads, software, and instructional materials and curricula, are the sole property of Pinocchios, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Services are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. Except as otherwise expressly authorized by these Terms and Conditions, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit or distribute the Intellectual Property of the Services in any way without the Pinocchios’s or the appropriate third party’s prior written permission. Except as expressly provided herein, Pinocchios does not grant to you any express or implied rights to Pinocchios’s or any third party’s Intellectual Property.
Pinocchios grants you a limited, personal, nontransferable, nonsublicensable, revocable license to access and use the Services only in the manner presented by Pinocchios. Except for this limited license, Pinocchios does not convey any interest in or to the Content or Services or any other Pinocchios property by permitting you to access the Services. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Pinocchios. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Pinocchios.
You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and that while Pinocchios engages industry standard payment processors and internet infrastructure providers, we cannot guarantee that any information you submit to us will be free from unauthorized third-party intrusion. You understand and agree that all information you submit to Pinocchios is done so at your own risk.
Restrictions on Site Use:
In addition to other restrictions set forth in these Terms and Conditions, you agree that:
(a) You shall not disguise the origin of information transmitted through the Services.
(b) You will not place false or misleading information on the Services.
(c) You will not use or access any service, information, application or software available via the Services in a manner not expressly permitted by Pinocchios.
(d) You will not input or upload to the Services any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Services or Content, or that infringes the Intellectual Property rights of another.
(e) You may not use or access the Services in any way that, in Pinocchios’ judgment, adversely affects the performance or function of the Services or interferes with the ability of authorized parties to access the Services.
(f) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Services without the express written consent of Pinocchios.
Pinocchios may, in its sole discretion, terminate or suspend your use of the Services at any time and for any or no reason, even if we continue to allow others to access and use the Services.
Any dispute between you and Pinocchios, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to these Terms and Conditions and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration in accordance with the rules of the American Arbitration Association by a single arbitrator appointed in accordance with said rules. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. Pinocchios will provide such notice by e-mail to your e-mail address on file with Pinocchios and you must provide such notice by e-mail to email@example.com.
During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will apply applicable law and the provisions of these Terms and Conditions and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Pinocchios and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Pinocchios nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration).
Assignability; Complete Agreement:
You may not assign these Terms and Conditions or any of your interests, rights or obligations under these Terms and Conditions. If any provisions of these Terms and Conditions is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Except as expressly provided in a separate, written agreement between you and Pinocchios, these Terms and Conditions constitute the entire agreement between you and Pinocchios with respect to the Services, and supersede all discussions, communications, conversations and agreements concerning the subject matters thereof.
The use of the Services and these Terms and Conditions will be governed by the internal laws of the State of Colorado (without regard to conflict of laws principles).
Copyright Infringement Claims:
If you believe that your work has been copied and is accessible on the Services in a way that constitutes copyright infringement, or that the Services contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Pinocchios by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pinocchios, or its third party service providers, to locate the material;
(d) Information reasonably sufficient to permit Pinocchios, or its third-party service providers, to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
210 Ken Prat Blvd #260
Longmont, CO 80501