DISCLAIMER OF WARRANTIES &
THIRD PARTY LINKS
MyCrustyPizza.com &
Serph-Enterprises provides
Third Party Links &
Advertising Space.
MyCrustyPizza.com & Serph-Enterprises expressly
disclaims all Third Party warranties of
any kind, whether expressed or
implied, including, but not
limited to, the implied
warranties of
merchantability, fitness for
a particular purpose and
non-infringement. Our Services
are provided on an "AS
IS"
and "AS AVAILABLE" basis.
MyCrustyPizza.com &
Serph-Enterprises makes no
warranty that Third Party services
will meet your requirements,
or that the services will be
uninterrupted, timely,
secure, or error free, or
that defects will be
corrected. MyCrustyPizza.com
& Serph-Enterprises does not
warrant, nor make any
representations regarding
the use, or results of, any
of the Services or Links it provides,
in terms of their
correctness, accuracy,
reliability, or otherwise.
Some jurisdictions do not
allow the disclaimer of
"implied warranties", in which
event that foregoing
disclaimer may not apply to
you.
MyCrustyPizza.com &
Serph-Enterprises
Universal Terms of Service for
MyCrustyPizza.com &
Serph-Enterprises Software and
Services
This Agreement ("Agreement") is
by and between MyCrustyPizza.com
& Serph-Enterprises
("MyCrustyPizza.com &
Serph-Enterprises ") a/an AZ
sole proprietor and You, Your
heirs, agents, successors and
assigns ("You"), and is made
effective as of the date of
electronic execution. This
Agreement sets forth the terms
and conditions of Your use of
MyCrustyPizza.com &
Serph-Enterprises software
("Software") and services
("Services") and explains
MyCrustyPizza.com &
Serph-Enterprises obligations to
You and Your obligations to
MyCrustyPizza.com &
Serph-Enterprises in relation to
the Software and Services You
purchase.
This Agreement as well as any
additional MyCrustyPizza.com &
Serph-Enterprises policies,
together with all modifications
thereto, constitute the complete
and exclusive agreement between
You and MyCrustyPizza.com &
Serph-Enterprises concerning
Your use of MyCrustyPizza.com &
Serph-Enterprises Software and
Services, and supersede and
govern all prior proposals,
agreements, or other
communications. All
MyCrustyPizza.com &
Serph-Enterprises policies and
agreements specific to
particular Software and Service
are incorporated herein and made
part of this Agreement by
reference, By purchasing
MyCrustyPizza.com &
Serph-Enterprises Software or
Services, You acknowledge that
You have read, understood, and
agree to be bound by all terms
and conditions of this Agreement
and any other policies or
agreements made part of this
Agreement by reference, as well
as any new, different or
additional terms, conditions or
policies which MyCrustyPizza.com
& Serph-Enterprises may
establish from time to time, and
any agreements that
MyCrustyPizza.com &
Serph-Enterprises is currently
bound by or will be bound by in
the future.
In addition to transactions
entered into by You on Your
behalf, You also agree to be
bound by the terms of this
Agreement for transactions
entered into on Your behalf by
anyone acting as Your Agent, and
transactions entered into by
anyone who uses the account
You've established with
MyCrustyPizza.com &
Serph-Enterprises, whether or
not the transactions were in
Your behalf.
The General Terms in Section A
apply to all customers of
MyCrustyPizza.com & Serph
Enterprises. The
Software and Services Specific
Agreements incorporated in
Section B apply only to
customers who have purchased
those referenced Services.
A. GENERAL TERMS APPLICABLE TO
ALL SOFTWARE AND SERVICES
1. TERM OF AGREEMENT;
MODIFICATIONS.
You agree that MyCrustyPizza.com
& Serph-Enterprises may modify
this Agreement and the Services
from time to time. You agree to
be bound by any changes
MyCrustyPizza.com &
Serph-Enterprises may reasonably
make to this Agreement when such
changes are made. If You have
purchased Services or Software
from MyCrustyPizza.com &
Serph-Enterprises, the term of
this Agreement shall continue in
full force and effect as long as
You take advantage of and use
the Software or Services. In the
event You terminate Your usage,
MyCrustyPizza.com &
Serph-Enterprises will not
refund any amounts You have
paid. You agree that
MyCrustyPizza.com &
Serph-Enterprises shall not be
bound by any representations
made by third parties who You
may use to purchase Services
from MyCrustyPizza.com &
Serph-Enterprises, and that any
statement of a general nature,
which may be posted on
MyCrustyPizza.com &
Serph-Enterprises Web site or
contained in MyCrustyPizza.com &
Serph-Enterprises promotional
materials, will not bind
MyCrustyPizza.com &
Serph-Enterprises.
MyCrustyPizza.com &
Serph-Enterprises may, at times,
offer certain promotions with
different charges and features.
You agree that You will be
responsible for notifying
MyCrustyPizza.com &
Serph-Enterprises should You
desire to terminate Your use of
MyCrustyPizza.com &
Serph-Enterprises Services.
Notification of Your intent to
terminate must be provided to
MyCrustyPizza.com &
Serph-Enterprises no later than
15 days prior to Your billing
date.
2. ACCURATE INFORMATION.
You agree to maintain accurate
information by providing updates
to MyCrustyPizza.com &
Serph-Enterprises, as needed,
while You are using
MyCrustyPizza.com &
Serph-Enterprises Services. You
agree You will notify
MyCrustyPizza.com &
Serph-Enterprises within five
(5) business days when any
change of the information You
provided as part of the
application and/or registration
process changes. Failure by You,
for whatever reason, to respond
within five (5) business days to
any inquiries made by
MyCrustyPizza.com &
Serph-Enterprises to determine
the validity of information
provided by You will constitute
a material breach of this
Agreement.
You agree that MyCrustyPizza.com
& Serph-Enterprises may use and
rely on any such information
provided by You for all purposes
in connection with Your
Services, subject to
MyCrustyPizza.com &
Serph-Enterprises Privacy
Policy. If You provide any
information that is inaccurate,
not current, false, misleading
or incomplete, or if
MyCrustyPizza.com &
Serph-Enterprises has reasonable
grounds to suspect that Your
information is inaccurate, not
current, false, misleading or
incomplete, MyCrustyPizza.com &
Serph-Enterprises has the
absolute right, in its sole
discretion, to terminate its
Services and close Your account.
3. PRIVACY.
You can view MyCrustyPizza.com &
Serph-Enterprises Privacy
Policy., which is incorporated
herein by reference, as it is
applicable to all Company
Software and Services. The
Privacy Policy provides Your
rights and Company’s
responsibilities with regard to
Your personal information.
Company will not use Your
information in any way
inconsistent with the purposes
and limitations provided in the
Privacy Policy.
4. ACCOUNT SECURITY.
You agree You are entirely
responsible for maintaining the
confidentiality of Your customer
number/login, password, credit
card number, and shopper PIN
(collectively, the "Account
Access Information"). You agree
You are entirely responsible for
any and all activities that
occur under Your account. You
agree to notify
MyCrustyPizza.com &
Serph-Enterprises immediately of
any unauthorized use of Your
account or any other breach of
security. You agree
MyCrustyPizza.com &
Serph-Enterprises will not be
liable for any loss that You may
incur as a result of someone
else using Your Account Access
Information, either with or
without Your knowledge. You
further agree You could be held
liable for losses incurred by
MyCrustyPizza.com &
Serph-Enterprises or another
party due to someone else using
Your Account Access Information.
For security purposes, You
should keep Account Access
Information in a secure location
and take precautions to prevent
others from gaining access to
Your Account Access Information.
You agree that You will be
responsible for all activity in
Your account, whether initiated
by You, or by others on Your
behalf, or by any other means.
MyCrustyPizza.com &
Serph-Enterprises specifically
disclaims liability for any
activity in Your account,
whether authorized by You or
not.
5. NO UNLAWFUL CONDUCT OR
IMPROPER USE.
As a condition of Your use of
MyCrustyPizza.com &
Serph-Enterprises Software and
Services, You agree not to use
them for any purpose that is
unlawful or prohibited by these
terms and conditions, and You
agree to comply with any
applicable local, state, federal
and international laws,
government rules or
requirements. You agree You will
not be entitled to a refund of
any fees paid to
MyCrustyPizza.com &
Serph-Enterprises if, for any
reason, MyCrustyPizza.com &
Serph-Enterprises takes
corrective action with respect
to Your improper or illegal use
of its Services.
MyCrustyPizza.com &
Serph-Enterprises reserves the
right at all times to disclose
any information as
MyCrustyPizza.com &
Serph-Enterprises deems
necessary to satisfy any
applicable law, regulation,
legal process or governmental
request, or to edit, refuse to
post or to remove any
information or materials, in
whole or in part, in
MyCrustyPizza.com &
Serph-Enterprises sole
discretion.
If You have purchased Services,
MyCrustyPizza.com &
Serph-Enterprises has no
obligation to monitor Your use
of the Services.
MyCrustyPizza.com &
Serph-Enterprises reserves the
right to review Your use of the
Services and to cancel the
Services in its sole discretion.
MyCrustyPizza.com &
Serph-Enterprises reserves the
right to terminate Your access
to the Services at any time,
without notice, for any reason
whatsoever.
MyCrustyPizza.com &
Serph-Enterprises reserves the
right to terminate Services if
Your usage of the Services
results in, or is the subject
of, legal action or threatened
legal action, against
MyCrustyPizza.com &
Serph-Enterprises or any of its
affiliates or partners, without
consideration for whether such
legal action or threatened legal
action is eventually determined
to be with or without merit.
MyCrustyPizza.com &
Serph-Enterprises may review
every account for excessive
space and bandwidth utilization
and to terminate or apply
additional fees to those
accounts that exceed allowed
levels.
Except as set forth below,
MyCrustyPizza.com &
Serph-Enterprises may also
cancel Your use of the Services,
after thirty (30) days, if You
are using the Services, as
determined by MyCrustyPizza.com
& Serph-Enterprises in its sole
discretion, in association with
spam or morally objectionable
activities. Morally
objectionable activities will
include, but not be limited to:
activities designed to defame,
embarrass, harm, abuse,
threaten, slander or harass
third parties; activities
prohibited by the laws of the
United States and/or foreign
territories in which You conduct
business; activities designed to
encourage unlawful behavior by
others, such as hate crimes,
terrorism and child pornography;
activities that are tortuous,
vulgar, obscene, invasive of the
privacy of a third party,
racially, ethnically, or
otherwise objectionable;
activities designed to
impersonate the identity of a
third party; illegal access to
other computers or networks
(i.e., hacking); distribution of
Internet viruses or similar
destructive activities; and
activities designed to harm or
use unethically minors in any
way. Notwithstanding anything to
the contrary herein, in the
event MyCrustyPizza.com &
Serph-Enterprises cancels Your
Services during the first thirty
(30) days after You purchase the
Services, You will receive a
refund of any fees paid to
MyCrustyPizza.com &
Serph-Enterprises in connection
with the Services being
canceled. In the event
MyCrustyPizza.com &
Serph-Enterprises deletes Your
Services because they are being
used in association with spam or
morally objectionable
activities, no refund will be
issued. You agree You will not
be entitled to a refund of any
fees paid to MyCrustyPizza.com &
Serph-Enterprises if, for any
reason, MyCrustyPizza.com &
Serph-Enterprises takes
corrective action with respect
to Your improper or illegal use
of its Services.
6. NO SPAM; LIQUIDATED DAMAGES.
You agree MyCrustyPizza.com &
Serph-Enterprises may
immediately terminate any
account which it believes, in
its sole discretion, is
transmitting or is otherwise
connected with any spam or other
unsolicited bulk email. In
addition, if actual damages
cannot be reasonably calculated
then You agree to pay
MyCrustyPizza.com &
Serph-Enterprises liquidated
damages of $1 for each piece of
spam or unsolicited bulk email
transmitted from or otherwise
connected with Your account,
otherwise You agree to pay
MyCrustyPizza.com &
Serph-Enterprises actual
damages. You acknowledge You
have read and understand and
agree to be bound by the terms
and conditions of
MyCrustyPizza.com &
Serph-Enterprises Anti-spam
Policy. Such terms and
conditions are applicable to the
use of all MyCrustyPizza.com &
Serph-Enterprises Software and
Services and are incorporated
herein.
7. INTELLECTUAL PROPERTY.
You agree that MyCrustyPizza.com
& Serph-Enterprises holds all
rights, title and interest in
all Software and Services and
all intellectual property,
including other rights related
to intangible property, unless
otherwise indicated. You
acknowledge that no title or
interest in such Intellectual
Property Rights is being
transferred to You and You agree
to make no claim of interest in
any such Services or Software.
You understand and agree that
all content and materials
contained in this Agreement,
other policies, the
MyCrustyPizza.com &
Serph-Enterprises Web site, and
any affiliated Web sites, are
protected by the various
copyright, patent, trademark,
service mark and trade secret
laws of the United States, as
well as any other applicable
proprietary rights and laws, and
that MyCrustyPizza.com &
Serph-Enterprises expressly
reserves its rights in and to
all such content and materials.
You further understand and agree
that You are prohibited from
using, in any manner whatsoever,
any of the content or materials
described above without the
express written permission of
MyCrustyPizza.com &
Serph-Enterprises. No license or
right under any copyright,
patent, trademark, service mark
or other proprietary right or
license is granted to You or
conferred upon You by this
Agreement or otherwise.
8. FEES AND PAYMENT.
As consideration for the
Software or Services purchased
by You and provided to You by
MyCrustyPizza.com &
Serph-Enterprises, You agree to
pay MyCrustyPizza.com &
Serph-Enterprises at the time
You order. All fees are due
immediately and are
non-refundable unless otherwise
expressly noted, even if Your
Services are suspended,
terminated, or transferred prior
to the end of the Services term.
MyCrustyPizza.com &
Serph-Enterprises expressly
reserves the right to modify
pricing through email
notification and/or notice on
its Web site. Payment may be
made by You by providing either
a valid credit card, an online
check, a personal check , or a
business check. If You signed up
for a monthly payment plan, Your
monthly billing date will be
determined based on the day of
the month You purchase the
Services unless that date falls
after the 28th of the month in
which case Your billing date
will be the 28th of each month.
If You signed up for monthly (or
longer) payment plan, and You
elected the automatic renewal
option, MyCrustyPizza.com &
Serph-Enterprises will
automatically renew Your
Services when they come up for
renewal and will take payment
from the Payment Method You have
on file with MyCrustyPizza.com &
Serph-Enterprises, at
MyCrustyPizza.com &
Serph-Enterprises then current
rates.
If for any reason
MyCrustyPizza.com &
Serph-Enterprises is unable to
charge Your Payment Method for
the full amount owed
MyCrustyPizza.com &
Serph-Enterprises for the
Services provided, or if
MyCrustyPizza.com &
Serph-Enterprises is charged a
penalty for any fee it
previously charged to Your
Payment Method, You agree that
MyCrustyPizza.com &
Serph-Enterprises may pursue all
available remedies in order to
obtain payment. If You pay by
credit card and if for any
reason MyCrustyPizza.com &
Serph-Enterprises is unable to
charge Your credit card with the
full amount of the Services
provided, or if
MyCrustyPizza.com &
Serph-Enterprises is charged
back for any fee it previously
charged to the credit card You
provided, You agree that
MyCrustyPizza.com &
Serph-Enterprises may pursue all
available remedies in order to
obtain payment. You agree that
among the remedies
MyCrustyPizza.com &
Serph-Enterprises may pursue in
order to effect payment, shall
include but will not be limited
to, immediate cancellation
without notice to You of any
Products or Services registered
or renewed on Your behalf.
MyCrustyPizza.com &
Serph-Enterprises reserves the
right to charge a reasonable
administrative fee for
administrative tasks outside the
scope of its regular Services,
including additional costs that
it may incur in providing the
Services and pass along to You.
These include, but are not
limited to, customer service
issues that cannot be handled
over email but require personal
service, fees incurred by third
parties You have elected to use
as payment methods, including
PayPal and Other Methods, and
disputes that require legal
services. These charges will be
billed to the Payment Method we
have on file for You. You may
change Your Payment Method at
any time by Contacting DOP
(Director Of Operations) at
Serph-Enterprises.com.
You agree that You are solely
liable for arranging that Your
Services are renewed, and that
MyCrustyPizza.com &
Serph-Enterprises shall not be
liable to You or any third party
if it is unable to charge Your
Payment Method in order to renew
Your Services.
While all purchases are
processed in US dollars,
MyCrustyPizza.com &
Serph-Enterprises may provide an
estimated conversion price to
currencies other than US
dollars. You acknowledge and
agree that the pricing displayed
during the checkout process is
an estimate. Due to potential
slight time delays between
actual purchase and the payment
settlement, the actual price
charged may fluctuate.
Accordingly, MyCrustyPizza.com &
Serph-Enterprises makes no
representations or warranties
that the actual price will be
the same or substantially
similar to the actual price You
will pay and You waive any and
all claims based upon any
discrepancy between the estimate
and the actual price. In
addition, you may be charged
VAT, based on the country
indicated in Your billing
address section. Any amounts to
be charged will appear on your
recipt.
B. Payment By Check
By using MyCrustyPizza.com &
Serph-Enterprises pay by check
option ("Pay By Check"), You can
purchase MyCrustyPizza.com &
Serph-Enterprises
Services using a personal or
business check. In consideration
for the Software and Services
purchased by You and provided to
You by MyCrustyPizza.com &
Serph-Enterprises, You agree to
allow Chase Bank to debit the
full amount of this transaction
from Your checking account,
which is non-refundable. Chase
will create an electronic funds
transfer (EFT) or bank draft
which will be presented to Your
bank or financial institution
for payment from Your checking
account. The checking account
must be at a financial
institution in the United
States, and the check must be
payable in U.S. dollars.
It is Your responsibility to
keep Your checking account
current, and to have available
funds in it. You agree that
Chase Bank and MyCrustyPizza.com
& Serph-Enterprises will not be
responsible for payments that
fail to go through as a result
of Your checking account if it
no longer exists, or holding
insufficient funds. If for any
reason Chase Bank is unable to
withdraw the full amount owed
for the Services provided, You
agree that Chase Bank and
MyCrustyPizza.com &
Serph-Enterprises may pursue all
available remedies in order to
obtain payment. You agree that
if the EFT or bank draft is
returned unpaid, You will pay a
service charge of $29.00 or the
maximum amount allowed by law,
which may be debited from Your
account using an EFT or bank
draft.
The check may not be for less
than the full amount required at
that time. Personal or business
checks under $1,000 are subject
to the same processing fees as
wire transfers. All personal or
business checks may be delayed
up to fourteen (14) days until
the money is credited, which may
delay Your usage of the Software
or Services.
By clicking the box labeled "I
agree" to the terms of the Pay
by Check terms, You authorize
the information provided to be
used for the creation of an
electronic funds transfer (EFT)
or bank draft, and You authorize
a debit of THE FULL AMOUNT of
this order from Your checking
account.
C. Pay by PayPal
By using MyCrustyPizza.com &
Serph-Enterprises pay by PayPal,
Inc. ("PayPal") option ("Pay by
PayPal"), You can purchase
MyCrustyPizza.com &
Serph-Enterprises Software and
Services using PayPal. In
consideration for the Software
and Services purchased by You
and provided to You by
MyCrustyPizza.com &
Serph-Enterprises, You agree to
allow PayPal to debit the full
amount of this transaction from
Your PayPal account balance or
the Preferred Funding Source You
established with PayPal, which
is non-refundable.
It is Your responsibility to
keep Your PayPal Account
current, to have available funds
in it and to have Your PayPal
account backed by a valid credit
card. You agree that PayPal and
MyCrustyPizza.com &
Serph-Enterprises will not be
responsible for payments that
fail to go through as a result
of Your Funding Source no longer
existing, or holding
insufficient funds. If for any
reason PayPal is unable to
withdraw the full amount owed
for the Services provided, You
agree that PayPal and
MyCrustyPizza.com &
Serph-Enterprises may pursue all
available remedies in order to
obtain payment. You agree that
if the transaction is returned
unpaid, You will pay a service
charge of $29.00 or the maximum
amount allowed by law, which may
be debited from Your account by
PayPal or charged to Your
Preferred Funding Source.
By clicking the box labeled "I
agree" to the terms of the Pay
by PayPal terms, You authorize
the information provided to be
used for the creation of an
electronic funds transfer (EFT),
and You authorize a debit of THE
FULL AMOUNT of Your order from
Your PayPal Account or Preferred
Funding Source.
9. REPRESENTATIONS AND
WARRANTIES.
You, or the individuals who
electronically execute this
Agreement on behalf of You
hereby represent and warrant
that they have the right, power,
legal capacity and appropriate
authority to enter into this
Agreement, and that they own and
have not transferred to any
other person or entity any of
the rights, claims or interests
that are the subject of this
Agreement. You represent and
warrant that You are 18 years of
age or older, or that You have
an agent authorized by law to
represent You who is 18 years of
age or older who is entering
into this Agreement on Your
behalf. You warrant that each
action You make is being done so
in good faith and that You have
no knowledge of it infringing
upon or conflicting with the
legal rights of a third party or
a third party's trademark or
trade name.
MyCrustyPizza.com &
Serph-Enterprises expressly
reserves the right to deny or
cancel any domain name
registered on our network that
it deems necessary, in its
discretion, to protect the
integrity and stability of the
network, to comply with any
applicable laws, government
rules or requirements, requests
of law enforcement, in
compliance with any dispute
resolution process, or to avoid
any liability, civil or
criminal, on the part of
MyCrustyPizza.com &
Serph-Enterprises, as well as
its affiliates, subsidiaries,
officers, directors and
employees. MyCrustyPizza.com &
Serph-Enterprises also reserves
the right to freeze our services
during resolution of a dispute.
10. LIMITATION OF LIABILITY .
IN NO EVENT SHALL
MyCrustyPizza.com &
Serph-Enterprises BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR PUNITIVE DAMAGES,
INCLUDING LOSS OF PROFIT OR
GOODWILL, FOR ANY MATTER,
WHETHER SUCH LIABILITY IS
ASSERTED ON THE BASIS OF
CONTRACT, TORT (INCLUDING
NEGLIGENCE), BREACH OF
WARRANTIES, EITHER EXPRESS OR
IMPLIED, ANY BREACH OF THIS
AGREEMENT OR ITS INCORPORATED
AGREEMENTS AND POLICIES YOUR
INABILITY TO USE THE SOFTWARE OR
SERVICES, YOUR LOSS OF DATA OR
FILES OR OTHERWISE, EVEN IF
MyCrustyPizza.com &
Serph-Enterprises HAS BEEN
ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Some states may not allow such a
broad exclusion or limitation on
liability for damages as
contained herein. In such
states, MyCrustyPizza.com &
Serph-Enterprises liability is
limited to the full extent
permitted by law. You agree that
in no event shall
MyCrustyPizza.com &
Serph-Enterprises maximum
aggregate liability exceed the
total amount paid by You for the
particular Software or Service
in dispute purchased from
MyCrustyPizza.com &
Serph-Enterprises.
11. DISCLAIMER OF WARRANTIES .
MyCrustyPizza.com &
Serph-Enterprises expressly
disclaims all warranties of any
kind, whether express or
implied, including, but not
limited to, the implied
warranties of merchantability,
fitness for a particular purpose
and non-infringement. Services
are provided on an "As Is" and
"As Available" basis.
MyCrustyPizza.com &
Serph-Enterprises makes no
warranty that its services will
meet your requirements, or that
the services will be
uninterrupted, timely, secure,
or error free, or that defects
will be corrected.
MyCrustyPizza.com &
Serph-Enterprises does not
warrant, nor make any
representations regarding the
use, or results of, any of the
services it provides, in terms
of their correctness, accuracy,
reliability, or otherwise.
Some jurisdictions do not allow
the disclaimer of implied
warranties, in which event that
foregoing disclaimer may not
apply to You.
12. INDEMNIFICATION.
You agree to defend, indemnify
and hold harmless
MyCrustyPizza.com &
Serph-Enterprises and its
contractors, agents, employees,
officers, directors,
shareholders, and affiliates
from any loss, liability,
damages or expense, including
reasonable attorneys' fees,
resulting from any third party
claim, action, proceeding or
demand related to Your
(including Your agents
affiliates, or anyone using Your
account, software or services
with MyCrustyPizza.com &
Serph-Enterprises whether or not
on Your behalf, and whether or
not with Your permission) use of
the Software or Services You
purchased from MyCrustyPizza.com
& Serph-Enterprises or Your
breach of this Agreement or
incorporated agreements and
policies. In addition, You agree
to indemnify and hold
MyCrustyPizza.com &
Serph-Enterprises harmless from
any loss, liability, damages or
expense, including reasonable
attorneys' fees, arising out of
any breach of any representation
or warranty provided herein, any
negligence or willful misconduct
by You, or any allegation that
Your account infringes a third
person's copyright, trademark or
proprietary or intellectual
property right, or
misappropriates a third person's
trade secrets. This
indemnification is in addition
to any indemnification required
of You elsewhere. Should
MyCrustyPizza.com &
Serph-Enterprises be notified of
a pending law suit, or receive
notice of the filing of a law
suit, MyCrustyPizza.com &
Serph-Enterprises may seek a
written confirmation from You
concerning Your obligation to
indemnify MyCrustyPizza.com &
Serph-Enterprises. Your failure
to provide such a confirmation
may be considered a breach of
this agreement. You agree that
MyCrustyPizza.com &
Serph-Enterprises shall have the
right to participate in the
defense of any such claim
through counsel of its own
choosing. You agree to notify
MyCrustyPizza.com &
Serph-Enterprises of any such
claim promptly in writing and to
allow MyCrustyPizza.com &
Serph-Enterprises to control the
proceedings. You agree to
cooperate fully with
MyCrustyPizza.com &
Serph-Enterprises during such
proceedings.
You agree to cooperate fully
with MyCrustyPizza.com &
Serph-Enterprises during such
proceedings. You agree You will
not be entitled to a refund of
any fees paid to
MyCrustyPizza.com &
Serph-Enterprises if, for any
reason, MyCrustyPizza.com &
Serph-Enterprises takes
corrective action with respect
to Your improper or illegal use
of its services.
MyCrustyPizza.com &
Serph-Enterprises, in its sole
discretion, may take whatever
action MyCrustyPizza.com &
Serph-Enterprises deems
necessary regarding further
modification, assignment of
and/or control of your account
to comply with the actions or
requirements of the
governmental, administrative or
judicial body until such time as
the dispute is settled.
13. GOVERNING LAW, VENUE; WAIVER
OF TRIAL BY JURY.
This agreement shall be deemed
entered into in the State of
Arizona. You agree that the laws
and judicial decisions of
Maricopa County, Arizona, shall
be used to determine the
validity, construction,
interpretation and legal effect
of this Agreement. You agree
that any action relating to or
arising out of this Agreement
shall be brought in the courts
of Maricopa County, Arizona. You
agree to submit to jurisdiction
and venue in the U.S. District
Court for the District of
Arizona located in Phoenix,
Arizona.
You agree to waive the right to
trial by jury in any proceeding
that takes place relating to or
arising out of this Agreement.
14. NOTICES.
You agree that all notices
(except for notices concerning
breach of this Agreement) from
MyCrustyPizza.com &
Serph-Enterprises to You may be
posted on our Web site. Notices
concerning breach will be sent
either to the email or postal
address You have on file with
MyCrustyPizza.com &
Serph-Enterprises. In either
case, delivery shall be deemed
to have been made five (5) days
after the date sent.
Notices from You to
MyCrustyPizza.com &
Serph-Enterprises shall be made
either by email, sent to the
address provided on the
MyCrustyPizza.com or
Serph-Enterprises Web site, or
first class mail to Serph
Enterprises.com address at:
Serph Enterprises.com, Attn:
Legal Counsel, 7650 S.
McClintock Drive Suite
103-435,Tempe AZ 85284.
15. HEADINGS.
The headings in the Agreement
are descriptive only and in the
event of a conflict between a
heading and the underlying terms
of this Agreement, the terms of
this Agreement shall control.
16. ENTIRE AGREEMENT.
You agree that this Agreement
including the policies and
agreements it refers to (i.e.
our Dispute Resolution Policy,
etc.) constitute the complete
and only Agreement between You
and MyCrustyPizza.com &
Serph-Enterprises regarding the
Services contemplated herein.
17. SEVERABILITY.
You agree that the terms of this
Agreement are severable. If any
part of this Agreement is
determined to be unenforceable
or invalid, that part of the
agreement will be interpreted in
accordance with applicable law
as closely as possible, in line
with the original intention of
both parties to the Agreement.
The remaining terms and
conditions of the Agreement will
remain in full force and effect.
18. WAIVER.
The failure of MyCrustyPizza.com
& Serph-Enterprises to enforce
any of the provisions within
this Agreement or its
incorporated agreements and
policies against You or others
shall not be construed to be a
waiver of the right of
MyCrustyPizza.com &
Serph-Enterprises thereafter to
enforce such provisions.
19. FORCE MAJEURE.
MyCrustyPizza.com &
Serph-Enterprises will make
every effort to keep its Web
site and Services operational.
However, certain technical
difficulties and other factors
outside of its control may, from
time to time, result in
temporary service interruptions.
You agree not to hold
MyCrustyPizza.com &
Serph-Enterprises liable for any
of the consequences of such
interruptions.
20. SURVIVAL.
Sections 1, 7, 11, 12, 13, 14,
15, 16, 17, 18, 19, 20 and 21
shall survive any termination or
cancellation of this Agreement.
21. NO THIRD PARTY
BENEFICIARIES.
Nothing in this Agreement,
express or implied, is intended
to confer upon any third party
any rights, remedies,
obligations, or liabilities
under or by reason of this
Agreement, except as expressly
provided in this Agreement.
B. SOFTWARE AND SERVICES
SPECIFIC AGREEMENTS
If You purchase Services from
MyCrustyPizza.com &
Serph-Enterprises, the following
Software and Services specific
agreements shall apply and are
incorporated within this
Agreement in addition to
Sections 1-21:
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