Terms of use

Welcome to www.extremepita.com (this “Site”). This site is operated by Extreme Pita IP, an Ontario corporation with its Registered Office at 2187 Dunwin Drive, Mississauga, Ontario, L5L 1X2, (“Extreme Pita,”, “we, “our,” or “us”). These Terms of Use (these “Terms of Use”) govern your use of this Site.

Your Agreement to Be Bound By These Terms of Use

Please read these Terms of Use carefully before browsing or using this Site. By browsing or using this Site, you are agreeing to be bound by these Terms of Use. If you do not AGREE to be bound by thESE TERMS OF SERVICE, you MAY NOT use This site.

Changes to These Terms of Use

As we add new features and functionality to this Site, we may need to update or revise these Terms of Use. We reserve the right to do so, at any time and without prior notice, by posting the revised version on this Site. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site following any such change constitutes your consent to the new Terms of Use posted on this Site. For this reason, it is important to review these Terms of Use regularly. If we modify these Terms of Use, we will provide a notice at the top of these Terms of Use for at least 30 days after the new effective date.

You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of this Site. For your convenience, we post the effective date of these Terms of Use at the top of this page, so that you can see at a glance whether these Terms of Use have changed since your last visit.

Our Online Privacy Policy

Extreme Pita is committed to providing the information you need to make informed choices about the ways you use this Site and the personal information you share with us. Please review our Privacy Policy (which is posted at the bottom of every page of this Site) to learn what personal information we collect through this Site, how we use and share the personal information we collect, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to the collection, use and disclosure of your personal information in accordance with our Privacy Policy.

Click-Through Agreements

When you sign up to use a special feature or password-protected area of this Site, you may be asked to agree to special terms governing your use of the special feature or password-protected area. In such cases, you will be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

Contests and Sweepstakes

From time to time we may offer contests and sweepstakes through this Site. Your participation in a contest or sweepstakes is governed by the official rules, which will be published on this Site. In the event of a conflict between the official rules and these Terms of Use, the official rules will govern, but only with respect to your participation in the contest or sweepstakes.

Special Terms Governing Online Ordering

Submitting Your Order. Your order is not complete until you click on the “Place Order Now” button on the online ordering pages of this Site (the “Online Ordering Area”). By clicking on the “Place Order Now” button, you are agreeing to purchase the items and pay the amounts shown on your order details. You are also agreeing to direct any and all payment, delivery or other disputes to the Extreme Pita location you have selected (your “Local Store”). If your Local Store has any questions or problems with your order, your Local Store will contact you at the telephone number you provided when you placed your order. If your Local Store is unable to contact you at the telephone number you provided, your Local Store may cancel your order.

Canceling Your Order. Once you submit your order by clicking on the “Place Order Now” button, we will begin processing your order. Because orders are usually transmitted immediately to the appropriate location, we have no way for you to cancel an order online. If you want to cancel your order, you must contact your Local Store directly by telephone. Each Local Store has its own cancellation policies. Click here to find a telephone number for your Local Store. Extreme Pita is not responsible for canceling orders after they have been submitted. All issues relating to order cancellations are solely between you and your Local Store.

No Online Ordering Fees. We do not add any costs or fees to your order when you order online.

Password Protection. You have the option to create an online profile (your “Profile”), which will be stored on our servers, so that you do not need to enter the same information every time you place an order. For your protection, your Profile is password protected. You are responsible for maintaining the confidentiality of your password. We have the right to assume that anyone accessing our Sites using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing our Site using a password assigned to you, even if the individual is not, in fact authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You may update your Profile at any time by clicking on the tab marked “Edit Profile.”

Right to Deny Access. We reserve the right to deny access to the Online Ordering Area to any individual who places fraudulent orders or otherwise misuses this Site.

Changes to Our Menus. We reserve the right to change our menus and our prices or to discontinue providing online ordering at any time without notice to you.

Ownership, Copyright, and Trade-mark Matters

This Site, including the software and programming code that comprise and operate this Site and all of the content of this Site (the “Content”), for example, all of the text, photographs, images, illustrations, graphics, and audio, video, and audio-video clips published on this Site, are protected under trade-mark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. All of the rights in this Site, including all of the rights in the Content, are owned by Extreme Pita, its affiliates, its franchisees, or its or their licensors. The entire Content is copyrighted as a collective work and/or compilation under U.S. and international copyright laws and treaties, and Extreme Pita owns the copyright in the selection, coordination, arrangement and enhancement of the Content.

The trade-marks and service marks used or displayed on this Site (”Trade-marks”) are registered and unregistered trade-marks of Extreme Pita or third parties. For example, Extreme Pita® is a registered trade-mark of Extreme Pita. Nothing on our Sites may be construed as granting — by implication, estoppels, or otherwise — any license or right to use any Trade-marks displayed on the Site without our prior express written permission or the written permission of the trade-mark owner, as the case may be. In particular, you may not use any trade-mark displayed on our Sites as a “hot” link without our prior written approval or the written approval of the trade-mark owner as the case may be.

Limitations on Use

Individual users of this Site may browse through and occasionally download copies of the information and materials on this Site for their own personal and non-commercial use. This limited, revocable privilege to use the Content in no way constitutes a transfer of any right, title or interest in the material you download. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as expressly provided above without first obtaining written permission from Extreme Pita. The use of any Content from this Site on any other Web site or on any networked computer environment is prohibited.

You may not engage in any Prohibited Conduct when using this Site. Prohibited Conduct includes but is not limited to:

(a) modifying the Content or using it for any commercial purpose, or for any public display, performance, sale or rental;

(b) decompiling, reverse engineering, disassembling, or otherwise attempting to discover any source code relating to any part of this Site or the Content;

(c) removing any copyright, trade-mark registration, or other proprietary notices from the Content;

(d) attempting to access any part of this Site to which you are unauthorized to access;

(e) interfering or attempting to interfere with the proper functioning of this Site;

(f) sending viruses, Trojan horses or any other information which may damage this Site or Extreme Pita’s computer system; and

(g) using this Site for any unlawful purpose.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding this Site and other aspects of our business, including your ideas for new features and other ways that we can make this Site more fun and more useful to you (collectively, “Feedback”). Note, however, that any Feedback you provide to us through this Site shall be and remain the exclusive property of Extreme Pita. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

We will not use your Feedback in a way that identifies you personally, without your permission.

Franchise Information

Neither this Site nor the franchise sales information on this Site is intended as, nor, constitutes an offer to sell, or the solicitation of an offer to buy, a franchise. The offer of a franchise can only be made through the delivery of a franchise disclosure document or offering circular. The franchise sales information on this Site is for informational purposes only.

Currently, the following provinces, states and countries regulate the offer and sale of franchises:

In the US: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin.
In Canada: Alberta, Ontario and Prince Edward Island.
International: Australia, Brazil, France, Indonesia, Malaysia, Mexico, Russia, Spain, and Venezuala.

If you are a resident of one of the US states or countries other than Canada, the franchise sales communications on this Site are not directed by us to you. Moreover, we will not offer you a franchise unless and until we have complied with applicable pre-sale registration, if any, and disclosure requirements in your jurisdiction.

Parental Guidance

Parents are encouraged to supervise the online activities of their children. Please consider the use of various computer and internet parental control tools to aid in the monitoring of your children’s use of the internet and the online disclosure of their personal information.

DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, EXTREME PITA AND ITS AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS AND FRANCHISEES, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND THE INFORMATION, MENU ITEMS, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXTREME PITA AND ITS AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS AND FRANCHISEES, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE INFORMATION ON THIS SITES IS ACCURATE, RELIABLE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THIS ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL EXTREME PITA, ITS AFFILIATES OR ITS FRANCHISEES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, THE CONTENT, OR ANY MENU ITEMS, PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, AGGRAVATED, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL BASIS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF EXTREME PITA OR ITS AFFILIATE OR FRANCHISEE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF EXTREME PITA, ITS AFFILIATES AND ITS FRANCHISEES AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS, UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE DOLLARS ($5.00).

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Links to Sites Operated by Third Parties

This Site may provide links to websites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their Web sites. We do not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review the applicable conditions of use and policies. The inclusion of a link in our Sites does not imply our endorsement of the site. If you decide to access linked third-party Web sites, you do so at your own risk.

Governing Law, Jurisdiction and Venue

Extreme Pita controls and operates this Site from its Registered Office located in Mississauga, Ontario, Canada, and does not make any representations or warranty that the Content is appropriate available for use in other jurisdictions. These Terms of Use shall be governed under the laws of the Province of Ontario without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be commenced exclusively in the Superior Court of the Province of Ontario. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

General

As used in these Terms of Use, the term “including” means “including, but not limited to.” If any provision of these Terms of Use is held to be invalid or unenforceable, such invalidity will not affect the validity of the remaining portions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. All waivers must be in writing and signed in ink on behalf of Extreme Pita. The failure of Extreme Pita to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. These Terms of Use (including our Privacy Policy, which is incorporated herein) and any click-through agreements to which you may have agreed) set forth the entire understanding and agreement between us with respect to the subject matter hereof.

Questions Concerning These Terms of Use

If you have any questions regarding these Terms of Use, please contact the Marketing Department by email at marketing@extremepita.com , or by writing us at Extreme Pita, 2187 Dunwin Drive, Mississauga ON L5L 1X2, , Attention: Marketing Department.