ONLINE PLATFORM TERMS & CONDITIONS
TERMS AND CONDITIONS FOR ASKAR MANAGEMENT GROUP, LLC ONLINE PLATFORM
Certain features of the Platform may be subject to additional terms and conditions that are specific to those features (“Additional Terms”). Any Additional Terms will be posted on the Platform where applicable and those Additional Terms are incorporated by reference into these Terms as if they were printed here, in full. To the extent there is a conflict between these Terms and the Additional Terms, the Additional Terms will govern.
We reserve the right to periodically change these Terms, whether or not we give you notice of that change. The most-current version of these Terms will supersede all previous versions. If you continue to use the Platform after changes have been made, that will constitute your acceptance of any new or amended Terms.
THESE TERMS ESTABLISH AN ONGOING LEGAL CONTRACT BETWEEN YOU AND BLACKJACK PIZZA ENTERPRISE, LLC. BY USING, VISITING, OR BROWSING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE PLATFORM.
THESE TERMS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY.
Access to the Platform
Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Platform solely for your personal, noncommercial use. You may not use the Platform in a manner that is unlawful, harmful to others, or which interferes with our operation of the Platform. Further, you may not, without our express written permission: (a) commercially exploit any part of the Platform, (b) alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose; (c) access the Platform in order to reverse engineer or build a similar or competitive website, product, or service; or (d) reproduce, distribute, republish, download, display, post or transmit the Platform in any form or by any means.
The Platform is not intended for use by anyone under the age of 13. YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THE PLATFORM. By accessing, using, and/or submitting information to or through the Platform, you represent that you are at least 13 years of age. Anyone between age thirteen (13) and eighteen (18) may only use the Platform under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS.
Changes to the Platform
We anticipate that we will update the Platform regularly for a variety of reasons. Therefore, we reserve the right to modify, suspend, and/or terminate all or part of the Platform at any time, with or without notice to you. You agree that we will not be liable to you for any modification, suspension, and/or termination we make to any part of the Platform. While we strive to keep the Platform up to date and functional, we have no obligation to update the Platform or its content or provide you with any support or maintenance in connection with the Platform.
Our Intellectual Property Rights
Unless otherwise noted, we own (or have an appropriate license to) all right, title, and interest in and to the copyrights, trademarks, trade secrets, and other intellectual property (our “Intellectual Property”) used in the Platform. Your use of the Platform does not grant you any right, title, and/or interest in our Intellectual Property. We reserve all rights that are not expressly granted under these Terms.
Third Party Content
The Platform may contain links to third party websites, services or advertisements, or may be made available through third party devices that we do not own or control (“Third Party Content”). We have no control over, and we cannot (and we do not) assume responsibility for Third Party Content. In addition, we will not and are unable to censor or edit the content of any third-party site, application, and/or device. By using the Platform, you expressly relieve us from any and all liability arising from your use of or access to any Third Party Content. If you leave the Platform, we encourage you to review the terms and conditions and policies of any third party websites or services that you access.
In order to access some features of the Platform, you may be required to create a user account (a “User Account”) and to provide us with certain information about yourself when you register your User Account. You represent and warrant that the information you provide us when you create your User Account is truthful and accurate, and that you will maintain the accuracy of this information as long as your User Account is active.
You may delete your User Account at any time by following the instructions on the Platform. We reserve the right to refuse service to anyone and suspend or terminate User Accounts at any time, in our sole discretion.
You are responsible for all activities that occur under your User Account. Accordingly, you agree to maintain the confidentiality of your User Account login information and to restrict other people’s access to your User Account. You must notify us immediately if anyone gains unauthorized access to your User Account, or if you suspect anyone has gained unauthorized access to your User Account.
You may (now or in the future) be able to submit content, such as text files, images, photos, videos, and other materials (“User Content“) to the Platform through your User Account. By submitting User Content to the Platform, you grant (and represent and warrant that you have the right to grant) to us an irrevocable, nonexclusive, royalty-free, and fully paid worldwide license to reproduce, distribute, publically display, and perform, prepare derivate works of, incorporate into other works, and otherwise use and exploit your User Content, and you also agree that we may sublicense these rights to other parties for the purpose of including your User Content on the Platform. By submitting your User Content to the Platform, you waive any claims and assertions of moral rights and/or attribution with respect to the User Content.
You are solely responsible for your User Content and assume all risks associated with the use of your User Content. By posting, displaying, publishing or otherwise submitting User Content on or through the Platform, 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. You have no ownership rights in your User Account or other access to the Platform or features therein, and we may delete any or all User Content at any time, with or without notice, for any reason. We assume no liability for any information removed from our Platform.
Acceptable Use Policy
You agree not to use the Platform (whether through your User Account or otherwise) to : (a) upload or post any content that we determine is unlawful, harmful, defamatory, obscene, abusive, infringing, pornographic, violent, and/or otherwise objectionable or inappropriate; (b) upload or post any content that contains personal information about anyone, violates the privacy of anyone, or violates a confidentiality agreement between you and another party; (c) impersonate any person or organization; (d) misrepresent an affiliation with another person or organization; and/or (e) post any content that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
In addition, you agree not to do any of the following: (i) upload, transmit, or distribute to or through the Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) use the Platform to send unsolicited or unauthorized advertising; (iii) use the Platform to mine or gather information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with or disrupt the Platform (v) attempt to gain unauthorized access to the Platform; (vi) harass or interfere with any other user’s use and enjoyment of the Platform; and/or (vi) use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform (unless we have authorized you to do so in writing).
We have the right (but not the obligation) to monitor User Content posted, transmitted, and/or communicated to or within the Platform. If you believe that something on the Platform violates these Terms, please email at firstname.lastname@example.org.
You agree to defend, indemnify, and hold harmless Askar Management Group, LLC, BlackJack Pizza Enterprises, its parent corporations and affiliates, and their respective officers, directors, members, managers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and expenses) arising from: (i) your use of and access to the Platform; (ii) your violation of any portion of these Terms; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; and/or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Platform.
Askar Management Group, LLC, BlackJack Pizza Order Tracker
If you place an order with us through the Platform, you may track the status of your order by accessing and using the BlackJack Pizza Order Tracker (“[Askar Brand Name] Order Tracker“) service. Your use of the [Askar Brand Name] Order Tracker is subject to these Terms. Accordingly, you are not authorized to make the BlackJack Pizza Order Tracker data available on any website or to otherwise use or sell the BlackJack Pizza Order Tracker Data for any other use without our express written consent. You acknowledge and agree that the BlackJack Pizza Order Tracker and any data that you obtain through your use of the [Askar Brand Name] Order Tracker is (and will be) our Intellectual Property.
Voice Ordering Services
Certain applications that we offer through the Platform may allow you to use place orders using your voice (“Voice Ordering”). Your use of BlackJack Pizza Voice Ordering service is optional and is subject to these Terms.
When you speak to our BlackJack Pizza Voice Ordering service the things you say will be recorded and sent to BlackJack Pizza’s third party provider (currently, Google Voice Enabled Business Applications) to process your requests. This voice input data may include audio files and transcripts of what you said, and related diagnostic data, such as hardware and operating system specifications and performance statistic. We may retain the voice data we collect from you for a period of time to generally improve our Voice Ordering service and voice functionality in other BlackJack Pizza products and services.
YOU AGREE THAT YOUR USE OF THE PLATFORM is AT YOUR SOLE RISK.
YOU ALSO AGREE THAT THE PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND YOU ACKNOWLEDGE THAT WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, AND/OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
Limitation of Liability
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (a) ERRORS, MISTAKES, AND/OR INACCURACIES OF CONTENT; (b) ANY HACKING INTO, UNAUTHORIZED ACCESS OF, OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (c) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (e) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE platform, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR not we are ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT we SHALL NOT BE LIABLE FOR USER CONTENT AND/OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Platform is controlled and offered by BlackJack Pizza and its affiliates from its facilities in the United States of America. BlackJack Pizza makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Privacy and Personal Information
You may neither assign, sell, nor in any manner transfer your rights nor your obligations under these Terms. We have the right to assign, sell, and/or transfer any or all of our rights and/or obligations under these Terms, without restriction.
These Terms will be governed by and construed in accordance with the internal laws of Michigan without regard to conflicts of laws principles. By using this Platform, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Oakland County, Michigan. These Terms operate to the fullest extent permissible by law. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. 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. These Terms constitute the entire agreement between you and BlackJack Pizza regarding your access and use of the Platform.
8101 Richardson Road, Suite 101
Commerce Township, Michigan 48390
BlackJack Pizza Mobile Text Program Terms and Conditions
You may elect to receive information about various promotion from us via text message (the “Mobile Text Program”). By subscribing to the Mobile Text Program, you consent to receiving marketing text messages from us via automated technology at the mobile umber you provide.
THESE BLACKJACK PIZZA MOBILE TEXT PROGRAM TERMS AND CONDITIONS (“ADDITIONAL MOBILE TERMS”) ONLY APPLY IF YOU HAVE OPTED IN TO OUR MOBILE TEXT PROGRAM. IF YOU OPT-IN TO THE MOBILE TEXT PROGRAM, THESE ADDITIONAL MOBILE TERMS ARE INCORPORATED INTO AND BECOME PART OF OUR TERMS.
If you opt-in to the Mobile Text Program, the following terms will apply:
- We will treat you as having opted-in to the Mobile Text Program if you give us your consent to receive mobile messages, including for example, signing up at one of our locations, entering your information in a form online, and/or sending a keyword to a shortcode.
- Message and data rates may apply. All charges are billed by and payable to your mobile service provider.
- By subscribing to marketing messages on shortcode, you consent to receiving up to 20 SMS messages per month using automated technology (in addition to messages relating to orders that you place with us). Messages from dedicated shortcode may include offers from us, our affiliates, and/or our partners. You can unsubscribe at any time from all messages on this shortcode by sending STOP to shortcode. Your consent to receive text messages on this shortcode is not required to make a purchase.
- If you link your User Account to your mobile number, you may choose to place orders by SMS on shortcode. By doing so, you consent to receiving one or more messages in reply from us for any messages you send to shortcode as part of your ordering experience. You can unsubscribe at any time from all ordering messages on this shortcode by sending STOP to shortcode.
- By subscribing to order tracking messages on shortcode, you consent to receiving up to 20 SMS messages per order. You also consent to receive messages in reply from us for any messages you may send to us on shortcode. You can unsubscribe at any time from all tracking messages on this shortcode by sending STOP to shortcode.
- We will not be liable for any delays or failures in your receipt of any text messages as delivery.
- Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies. We will only use information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
- We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate your right to participate in Mobile Text Program to you if we believe you are in breach of the Terms. We may discontinue the service at any time.
- If you have any questions, email us at email@example.com. You can also text the word HELP or INFO or MORE to shortcode to get additional information about these services. We do not charge for help or info messages; however, your normal carrier rates apply.
- Supported Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile USA, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless).
Copyright © 2018 Askar Management Group, LLC All rights reserved.