TERMS AND CONDITIONS

ACCEPTANCE

All users must carefully read The TERMS and CONDITIONS as well as the PRIVACY POLICY (hereinafter referred to collectively as "The Agreement") of Pizzerias.com PRIOR to using or accessing the rest of the Pizzerias.com website. By accessing or using www.pizzerias.com YOU ( "YOUR", the "USER(S)" or "END USER(S)") explicitly acknowledge that you have read, understand and agree to be bound by all the terms and conditions of this Agreement.

IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AS STATED HEREIN, YOU MUST EXIT THIS PAGE AND SHALL NOT ACCESS OR USE ANY PART OF THE WWW.PIZZERIAS.COM WEBSITE OR ITS AFFILIATED PAGES.

When you open an account at Pizzerias.com, you acknowledge that you are giving us a right to send you promotional as well as administrative emails. We may from time to time send you promotional offers as well as any updates regarding our products and services and basic information regarding your account activity. You can opt out of any promotional offers simply by contacting us at support@pizzerias.com or by hitting the unsubscribe button at the bottom of our promotional email.

BASIC CONDITIONS AND DEFINITIONS

Pizzerias.com is a website ("The WEBSITE" ) and online service owned and operated by CalVarium LLC. Pizzerias.com allows END USERS to purchase discounted gift certificates or gift cards to redeem at participating pizzerias nationwide. The website is also a place for exchange of information, content and various services between Pizzerias.com, END USERS and other third parties.

By accessing and using this website or by creating an account, the END USER is acknowledging that he or she has read and agrees to comply with this Agreement. YOU also acknowledge that although the internet is often a secure environment, Pizzerias.com and CalVarium LLC shall not be responsible for any data lost in transmission during any interruptions in service or because of events outside and beyond the control of Pizzerias.com and CalVarium LLC. YOU also understand and acknowledge that access to the website may be interrupted, delayed, terminated or suspended due to circumstances both within and outside the control of Pizzerias.com and CalVarium LLC but that such interruptions or delays do not grant the END USER any actionable rights or entitlements.

Pizzerias.com also reserves the right to change, modify, add or delete any aspect or features of the website. These changes may include, but are not limited to, contents, requirements for participation, hours when the website shall be available or equipment needed for the END USER to access the website.

TRADEMARKS

Pizzerias.com is a trademark and asset owned by CalVarium LLC and all rights with respect to this trademark are hereby explicitly and expressly reserved. Any other trademarks appearing on The WEBSITE and affiliated pages are the property of their respective owners unless otherwise indicated.

END USER EQUIPMENT

END USERS shall solely be responsible for obtaining and maintaining all equipment needed to access and use The WEBSITE. These shall include but are not limited to telephone lines, computer hardware, software and routers and all charges relating thereto. Pizzerias.com and CalVarium LLC shall not be liable for any damage occurring to USER'S equipment resulting directly or indirectly from the use of The WEBSITE.

USER CONDUCT

The WEBSITE and all affiliated web pages associated with The WEBSITE are private property. Pizzerias.com and CalVarium LLC require and insist that all END USERS restrict their interactions and use of The WEBSITE to activity that is not considered illegal or unlawful under state or federal laws and statutes.

END USER may not use The WEBSITE and its related web pages to post or transmit any material or information which violates or infringes upon the rights of others in any way or any material or information which is threatening, abusive, defamatory, unlawful, invasive of privacy rights, obscene, vulgar or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or statute.

MONITORING

The WEBSITE and its affiliated pages or sites, including but not limited to internal forums, chat rooms, surveys, posts or bulletin boards, may be monitored by Pizzerias.com to determine compliance with this Agreement.

PRIVATE/PUBLIC COMMUNICATIONS

In general, any information posted by an END USER to Pizzerias.com (whether they be in chat rooms, message boards, discussion groups or any other forum available on The WEBSITE) is considered to be public, and not private, communications and as such will be treated as non-confidential. Pizzerias.com and CalVarium LLC does not endorse nor can it control any of the information, content or messages found in these chat rooms, message boards, discussion groups or any other forum available on The WEBSITE. Pizzerias.com and CalVarium LLC does not assume any liability for any information or content or any actions resulting from END USER's submission and/or participation in these chat rooms, message boards, discussion groups or any other forum available on The WEBSITE.

Any opinions, statements, information or content submitted or expressed by third parties or other END USERS are those of the respective authors and not of CalVarium LLC or Pizzerias.com. Neither CalVarium LLC nor Pizzerias.com can attest to or guarantee the completeness or accuracy of said content or information. END USER expressly acknowledges that under no circumstances will CalVarium LLC and Pizzerias.com be held liable for any claim, loss or damage resulting from END USER'S reliance on any statements or information on The WEBSITE.

Pizzerias.com may contain links to other websites owned and managed by other entities or third parties, including but not limited to our various pizzeria restaurant affiliates. These links are provided to the END USER for convenience only and as such Pizzerias.com and CalVarium LLC do not endorse the contents of said linked third party websites and hereby disclaims the accuracy or completeness of any such representations. If END USER decides to access any such link then END USER understands that he or she does so at their own risk and assumes any liabilities or damages resulting from accessing said third party website.

INDEMNIFICATION

To the fullest extent allowed under the law, END USER agrees to defend, indemnify and hold harmless Pizzerias.com, CalVarium LLC and their directors, owners, officers, employees, agents from all claims, damages, costs, losses, expenses including but not limited to attorney fees, all legal expenses and costs, arising out of the use of this AGREEMENT, use of The WEBSITE, and/or END USER'S purchase of anything available from Pizzerias.com and/or The WEBSITE provided that such claim, loss, damage, expense or cost is caused or alleged to be caused in whole or in part by END USER'S negligent acts or omissions and or fault regardless of whether caused in part by the negligent act or omission and or fault of a party indemnified hereunder.

TERMINATION

Pizzerias.com reserves the right to terminate, amend or modify this Agreement at any time. Notwithstanding the foregoing, Pizzerias.com shall have the right to terminate any accounts, passwords and/or this AGREEMENT for any conduct by an END USER which Pizzerias.com determines, in its sole discretion, is unacceptable.

USE OF THE WEBSITE

Any content that is posted or uploaded to The WEBSITE may be reviewed by Pizzerias.com. Pizzerias.com reserves the right to amend, modify, alter or delete any such content which Pizzerias.com, in its sole discretion, deems unsuitable or objectionable.

By posting a comment or communication on The WEBSITE, END USER shall be deemed to have given Pizzerias.com and CalVarium LLC the perpetual and non-exclusive right and license to use, reproduce, modify, edit, publish and distribute such material, comment or communication, in part or its entirety, on The WEBSITE and worldwide. Said right and license shall be deemed to be irrevocable and royalty free.

END USERS cannot, without Pizzerias.com and CalVarium LLC's express written consent, post or transmit information or material which contains advertising or solicitation with respect to products or services.

Any distributing, copying, transmitting, changing or modifying of The WEBSITE or any of its related pages without the express written consent of Pizzerias.com and CalVarium LLC is STRICTLY PROHIBITED. All materials and content on this WEBSITE are the exclusive property of Pizzerias.com and CalVarium LLC and any violation of the aforesaid policy may result in trademark, copyright or other intellectual property right infringement that could subject the END USER to criminal and/or civil penalties.

END USER acknowledges that this WEBSITE contains trademarks, copyrighted material, intellectual property and other proprietary information. These may include but are not limited to photos, text, software, video, graphics and sound. END USER may not modify, publish or participate in the transfer or sale, or create derivative works of said property. END USER may download, save and print copyrighted material only for the END USER'S personal use. END USER expressly acknowledges that he or she does not acquire any ownership or proprietary interest in any copyrighted material simply by downloading such copyrighted information or material. Pizzerias.com does not have any burden to mark, in any way, any information or material to inform an END USER whether or not any material is copyrighted or trademarked. [Any trademarks located on this WEBSITE, or its affiliated pages, shall not be deemed to be in the public domain but rather the exclusive property of Pizzerias.com and CalVarium LLC.]

END USER also may not post or upload or otherwise link to this WEBSITE any material or information protected by copyright, proprietary right or trademark law without the express written consent of the owner of said copyright, trademark or proprietary right.

Any damages resulting from infringement of any copyright, trademark or other proprietary information or rights resulting from END USER's uploading, posting or submission shall be solely END USERS liability. END USER also agrees to defend and indemnify Pizzerias.com and CalVarium LLC for any damages, liability or penalties suffered by Pizzerias.com and CalVarium LLC as a result of END USER's submission, whether intentional or not. If an END USER submits to a public area on The WEBSITE any material, then END USER warrants that the owner of said material has expressly granted Pizzerias.com and CalVarium LLC the perpetual and non-exclusive right and license to use, reproduce, modify, publish and distribute such material, in part or its entirety, on The WEBSITE and worldwide. Said right and license shall be deemed to be irrevocable and royalty free.

END USER cannot provide a hyperlink from The WEBSITE to any other website without a valid written agreement with CalVarium LLC and Pizzerias.com explicitly permitting END USER to do so.

LIMITATION OF LIABILITY/DISCLAIMER OF WARRANTIES

END USER expressly agrees that use of The WEBSITE and its affiliated pages is at END USER's sole risk and liability. Neither CalVarium LLC nor Pizzerias.com, its affiliates, employees, agents or third party providers warrant or represent that the use of The WEBSITE shall be free of error, interruption, defect, delay in access or operation or transmission, computer viruses, or line failure. Pizzerias.com and CalVarium LLC shall not be liable for any damages, including but not limited to, direct, indirect, special, consequential, incidental or punitive arising from the failure of the END USER to access or use The WEBSITE and its affiliated pages.

END USER expressly acknowledges and agrees that neither Pizzerias.com nor CalVarium LLC shall be held liable for any errors, omissions, inaccuracies in any of the information contained or displayed on The WEBSITE, whether such information is provided by Pizzerias.com, CalVarium LLC or Third Party Content providers or our pizzeria affiliates. END USER agrees to not institute any action or claim against Pizzerias.com and CalVarium LLC for any losses arising from the aforementioned including without limitations lost profits, consequential or punitive damages.

END USER ACKNOWLEDGES SPECIFICALLY THAT PIZZERIAS.COM AND CALVARIUM LLC SHALL NOT BE LIABLE FOR ANY SLANDEROUS, DEFAMATORY, LIBELOUS, OFFENSIVE OR ILLEGAL CONDUCT OR BEHAVIOR OF OTHER USERS AND OTHER THIRD PARTIES AND INJURY OR RISK OF INJURY RESULTING FROM THE AFOREMENTIONED SHALL BE THE SOLE RESPONSIBILITY OF THE END USER.

END USER specifically acknowledges that The WEBSITE and its affiliated pages are used and accessed on an "AS IS" basis. Pizzerias.com and CalVarium LLC does not make any express or implied warranties of any kind, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose unless said warranties are allowed by laws applicable to this Agreement.

PROMOTIONAL CODES (Promo Codes)

From time to time, Pizzerias.com may offer promotional offers and codes that will allow an END USER to purchase a Pizzerias.com certificate at a reduced price. Promotional codes and offers may not be used on orders already placed and cannot be combined with any other offers or promotions.

Promotional codes may not be applied at the time a Pizzerias.com Gift Certificate is being redeemed.

END USER understands that a promotional discount may not be applied automatically. Pizzerias.com and CalVarium LLC does not bear any liability for failure of a code to be properly applied.

TERMS AND CONDITONS OF PIZZERIAS.COM GIFT CERTIFICATES

Unless expressly stated otherwise, "Gift Certificates" as used in this Agreement refer to Gift Certificates purchased, accessed and printed from the www.Pizzerias.com website.

You are required to create a Pizzerias.com account in order to purchase as well as redeem a Pizzerias.com Gift Certificate.

Gift Certificates purchased at our website for the benefit of the purchaser or given as a gift for the benefit of another may be used and redeemed only at the pizzeria/restaurant identified on said certificate.

Pizzerias.com Gift Certificates have no inherent cash value and may not be redeemed for cash at any time.

Pizzerias.com and CalVarium LLC is not responsible for stolen, damaged or lost Gift Certificates including any that is lost in transmission.

Pizzerias.com and CalVarium LLC does not guarantee the availability of any Pizzerias.com Gift Certificate and expressly reserves the right to modify, delete or discontinue the availability of said discounts and certificates at any time at our sole discretion. END USER understands and acknowledges that the availability of Pizzerias.com Gift Certificates may also be subject to the participation and pricing guidelines of participating pizzerias. Furthermore, certain pizzerias may limit the number of Gift Certificates available per month, per person or per monetary denominations.

Unauthorized reproduction, modification or alteration of a Pizzerias.com Gift Certificate is strictly prohibited and renders such Gift Certificate null and void.

All Pizzerias.com Pizzeria Specific Gift Certificates are subject to any and all restrictions placed by the specific pizzeria. These restrictions shall be written on the Gift Certificate itself as well as the Pizzerias' individual page on The WEBSITE. In addition, Gift Certificates shall be subject to the following: -Certificates may not be used for prior balances, merchandise, taxes or tips. -Certificates cannot be combined with any other pizzerias.com Gift Certificates, coupons, or third party certificates. -Certificates must be redeemed in their entirety at the time they are presented and may not be redeemed incrementally.

WARRANTIES

Pizzerias.com and Calvarium LLC makes no warranties, express or implied, with respect to Pizzerias.com Gift Certificates, including without limitation, any implied warranty of merchantability or fitness for a particular purpose.

CHANGES

Pizzerias.com reserves the right to add, change, amend, modify this Agreement at any point in time. We may do this without prior notification to the END USER. Such additions, changes, amendments and/or modifications shall be effective immediately upon posting. We therefore suggest that you reread this Agreement regularly to keep yourself apprised of any such additions, changes, modifications and/or amendments. By accessing this site YOU are agreeing to this Agreement and any such additions, changes, modifications and/or amendments.

APPLICABLE LAW

YOU and WE agree that any disagreement or dispute arising out of this AGREEMENT (including performance, termination and/or breach), YOUR use of the WEBSITE or YOUR purchase of any services or products, including but not limited to Pizzeria Specific Gift Certificates shall be governed by and resolved in accordance with Massachusetts law.

MANDATORY ARBITRATION AND DISPUTE RESOLUTION

YOU and WE agree that any and all disputes with regard to this AGREEMENT shall be resolved in BINDING ARBITRATION in accordance with the Federal Arbitration Act, 9 U.S.C. 1, et.Seq. By accessing The WEBSITE, YOU agree to be bound by the terms and conditions of this Agreement and therefore agree to resolve all disputes in arbitration. YOU acknowledge that YOU are forfeiting your rights to a trial by jury and your right to proceed in a lawsuit in State or Federal court. All arbitration is conducted by the American Arbitration Association in accordance to the AAA Commercial Arbitration Rules. YOU acknowledge that YOU understand that the rules for arbitration are different. YOU acknowledge that YOU understand that an Arbitrator can award the same damages and relief and is subject to the same limitations as a court of competent jurisdiction. YOU agree that any arbitration shall occur in Western Massachusetts. YOU and Pizzerias.com agree that each party is responsible for their own attorney fees unless an applicable statute provides for such an award and the arbitrator deems that such an award is appropriate. Any enforcement of an arbitration award must be brought in a Massachusetts state court and YOU voluntarily and irrevocably consent that such court will have appropriate jurisdiction over YOU.

CLASS ARBITRATION and REPRESENTATIVE CLAIMS

It is the EXPRESS INTENTION of YOU and Pizzerias.com and CalVarium LLC not to resolve any dispute by way of class arbitration or action. To that end, YOU expressly agree that all arbitration proceedings shall be individual arbitrations. YOU expressly agree that no other claims may be joined with your claim and that YOU will not join your claim with any other claims or proceedings. YOU acknowledge that YOU are voluntarily waiving your right to class arbitration and YOU are waiving your right to file, consolidate claims or join a class action lawsuit against Pizzerias.com, CalVarium LLC, any other END USERS or third parties including but not limited to our pizzeria restaurant affiliates.

[If a court of competent jurisdiction or arbitrator determines that YOU cannot waive your right to pursue class or representative claims then YOU and Pizzerias.com agree that the provisions regarding arbitration set forth in this Agreement shall not apply and any dispute subject to arbitration shall be resolved in a court of competent jurisdiction in State or Federal court of Massachusetts.]

MISCELLANEOUS

All section headings in this Agreement are for convenience only and shall have no legal force or effect whatsoever. If any provision of this Agreement in deemed invalid or unenforceable by a court of competent jurisdiction, then such decision shall not affect the validity or enforceability of any other provision of this Agreement and all other such provisions shall remain in full force and effect. The failure of any party to exercise any of its rights under this Agreement shall not be deemed a forfeiture or waiver of any other such rights that party may have hereunder.