Macaroniville Terms and Conditions

AGREEMENT TO TERMS AND CONDITIONS

Thank you for visiting https://www.macaroniville.com (“ Website”). The following Terms of Use (“Terms”) govern your access to and use of all or part of the Macaroniville Website and any other authorized websites, as owned or operated by Fazoli’s System Management, LLC (“Fazoli’s”). Your use of the services or visiting the Macaroniville Website constitutes your agreement to follow and be bound by these Terms . If you do not agree, do not use the services. If you use the services or return thereafter, you agree to be bound by these Terms. Fazoli’s reserves the right to change or modify these Terms from time to time in its sole discretion. The modified Terms will be effective immediately upon posting to the Macaroniville Website and you agree to be bound to the newly posted Terms and Conditions by continuing to use any services.

USE RESTRICTIONS

Any material from or related to the servicesor the Macaroniville Website, may not be copied, distributed, republished, modified, uploaded, incorporated posted, or transmitted in any way, without the prior written consent of Fazoli’s EXCEPT: you may print, display or download one copy of the Macaroniville Website for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The material on the Macaroniville Website is provided for lawful purposes only. Modification or use of the materials for any other purpose violates Fazoli’s intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Fazoli’s. Neither title nor intellectual property rights are transferred to you through your use, but remain with Fazoli’s, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

The services may contain links to other websites (“Linked Sites”) that are not under the control of Fazoli’s and, therefore, Fazoli’s is and shall not be responsible for any content, webcasting or any form of transmission received from any Linked Site, as well as any updates or modifications to any Linked Sites.

As a condition of your use of the services and/or the Macaroniville Website, you warrant to Fazoli’s that you will not use the services or the Macaroniville Website for any purpose that is unlawful or prohibited by these Terms. You may not use the services or the Macaroniville Website in any manner which could damage, disable, overburden, or impair any or all the services or the Macaroniville Website or interfere with any other party’s use and enjoyment of the services or the Macaroniville Website.

LIABILITY RESTRICTIONS

Fazoli’s, its affiliated or related entities, its or their members, officers, directors or employees (“Fazoli’s Affiliates”), 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. Fazoli’s Affiliates 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 Fazoli’s or an authorized Fazoli’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. Fazoli’s Affiliates 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.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated through the Macaroniville website or through the services (together, the “Submission”) will forever be the property of Fazoli’s. Fazoli’s will not be required to treat any Submission as proprietary or confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future operations owned by Fazoli’s. Without limitation, Fazoli’s will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Fazoli’s will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Fazoli’s or to other entities that are not involved in the operation of this site. Information submitted via a number of areas in this site is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Fazoli’s, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. No compensation will be paid with the respect to use any Submission. Fazoli’s is under no obligation to post any submission.

JURISDICTION

Except as described otherwise, all materials on the Macaroniville Website are made available only to provide information about Macaroniville. Fazoli’s owns, controls and operates this site from its headquarters in Lexington, Kentucky, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into, or to a national or resident of, any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department’s Specially Designated Nationals list, or (c) the US Commerce Department’s Table of Denial Orders. If you download or use any Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.

DISCLAIMER

The material in this site could include technical inaccuracies or typographical errors. Fazoli’s reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Macaroniville Website or use of any services following any such change constitutes your Agreement to follow and be bound by the Terms and Conditions as may be updated or modified.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. FAZOLI’S DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FAZOLI’S DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAZOLI’S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, AND NOT FAZOLI’S, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. FAZOLI’S DISCLAIMS ALL WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. FAZOLI’S NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS ON THE FAZOLI’S WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

Fazoli’s is not responsible if information made available on the Macaroniville Website is not accurate, complete or current. The material is provided for general information only and should not be released upon or used as the sole basis for making significant decision without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on the Macaroniville Website is at your own risk.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fazoli’s, its affiliated and related entities, its and their members, officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms. If you cause a technical disruption of the Macaroniville Website or the systems transmitting the Macaroniville Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

TERMINATION

Fazoli’s or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Fazoli’s sites, including the Macaroniville Website, and (b) all related documentation and all copies and installations (together, the “Materials”). Fazoli’s, reserves the right in its sole discretion, to terminate this agreement immediately, including your access to the Macaroniville Website or its services, without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

COPYRIGHT AND TRADEMARK INFORMATION

All of the material on this website is owned by Fazoli’s and is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Fazoli’s, an affiliate, or by third parties who have licensed their materials to Fazoli’s. Fazoli’s is a registered trademark of Fazoli’s System Management, LLC. The entire content of this website is copyrighted by Fazoli’s System Management, LLC. as a collective work under the copyright laws of the United States.

MISCELLANEOUS

These Terms will be governed and be interpreted pursuant to the laws of the State of Kentucky, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Fazoli’s can revise these Terms at any time by updating this posting. Fazoli’s products and services are available in many parts of the United States. However, the Macaroniville Website may describe products and services that may not be available nationwide. The Macaroniville Website may be linked to other sites, which are not maintained by Fazoli’s. Fazoli’s is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Fazoli’s of the sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fazoli’s and as a result of these Terms or use of the Macaroniville Website.

This policy was last updated on March 16, 2021.