Terms an Conditions
Terms of Use
The following Terms of Use (the "Terms of Use"), govern your use of this web site (this "Site") operated by AMERICAN PIE, L.L.C. ("AMERICAN PIE") and the material and information accessible on or from this Site. Please read the Terms of Use carefully before accessing any part of this Site. Your access of this Site constitutes your agreement with and acknowledgement of the Terms of Use. If you do not agree with the Terms of Use, you may not access this Site.
AMERICAN PIE reserves the right to modify the Terms of Use without advance notice to you, however, you can review the current version of the Terms of Use by clicking on the "Terms of Use" link at the bottom of every page of this Site. You acknowledge and agree to be bound by such modifications. In the event we make a material change to the Terms of Use, we will post a notice of the material change at the top of the Terms of Use.
- No Representations or Warranties.
AMERICAN PIE does not warrant or make any representations of any kind with respect to the material and information contained on this Site. Your use of this Site is at your own risk. Although AMERICAN PIE attempts to provide accurate material and information, this Site is intended to be for general reference and informational purposes only. Although AMERICAN PIE strives to keep this Site up-to-date, it may contain inaccurate, incomplete, or out-of-date material or information. AMERICAN PIE assumes no responsibility for errors or omissions in the content of this Site, and makes no commitment to update such material or information. Your sole and exclusive remedy for issues relating to the use of, or the material or information on, this Site shall be to discontinue accessing this Site or using the material or information contained herein. You acknowledge and agree that AMERICAN PIE shall not be liable for any damages related to, arising out of, or in connection with this Site or such material or information contained herein.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE AMERICAN PIE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR ACTUAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ACTUAL ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST), EVEN IF AMERICAN PIE IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY), YOUR ACCESS TO (OR INABILITY TO ACCESS) THIS SITE OR THE USE OF ANY MATERIAL OR INFORMATION CONTAINED HEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
- Required Conduct.
AMERICAN PIE requires that you agree to follow the following basic rules of conduct when using this Site:
(1) You will follow the Terms of Use and all applicable local, state, national, or international law;
(2) You will only provide truthful and accurate information;
(3) You will not harass, threaten, or abuse other people when using this Site in any manner;
(4) You will not harm minors in any way;
(5) You will not interfere with or disrupt this Site, or servers or networks connected to this Site, or disobey any requirements, procedures, policies, or regulations of networks connected to this Site; and
(6) You will not e-mail, transmit, or otherwise transfer any material or information that is obscene, or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is unlawful, harmful, threatening, abusive, harassing, tortuous, vulgar, distasteful, or otherwise objectionable; or is defamatory, libelous, or invades another person's privacy or proprietary rights.
You acknowledge that AMERICAN PIE and its designees shall have the right (but not the obligation) to pre-screen any material or information e-mailed, transmitted, or otherwise transferred via this Site. AMERICAN PIE and its designees shall have the right to refrain from e-mailing, transmitting, or otherwise transferring any material or information that violates the Terms of Use or is otherwise objectionable.
- Indemnity.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THIS SITE AND AGREE TO INDEMNIFY, SAVE HARMLESS AND DEFEND AMERICAN PIE, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES, OR OTHER EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS' FEES) THAT AMERICAN PIE MAY INCUR IN CONNECTION WITH ANY THIRD PARTY CLAIM RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY) YOUR USE OF THIS SITE OR ACCESS TO THIS SITE, OR YOUR VIOLATION OF THE TERMS OF USE OR THE RIGHTS OF ANY THIRD PARTY.
- Privacy Policy Statements.
Any information that AMERICAN PIE may collect from you during your use of this Site is subject to our Privacy Policy. For the full text of our Privacy Policy, please click here
- Forward-Looking Statements.
Certain statements and information on this Site and in AMERICAN PIE's press releases and reports are "forward-looking statements." Such statements involve material risks and uncertainties and are subject to change based on factors beyond the control of AMERICAN PIE (certain of such statements are identified by use of words such as "anticipate," "estimate," "intend," "expect," "future," etc.). Accordingly, AMERICAN PIE's actual results may differ materially from those expressed or implied in any such forward-looking statements as a result of various factors, including, without limitation, the benefits of proactive measures being taken to improve results and control costs, the ability to open new points of distribution, changes in general or local economic conditions, the availability of sufficient personnel, AMERICAN PIE's ability to attract and retain clients in franchisees/licensees, and other factors described herein or in such press releases or reports. AMERICAN PIE does not undertake to publicly update or revise its forward-looking statements even if experience or future changes make it clear that any projected results expressed or implied therein will not be realized.
- No Medical, Tax, Investment, or Legal Advice.
The material and information on this Site is for general reference and informational purposes only and is not intended to offer specific medical, tax, investment, legal, or other advice of any kind.
- No Resale of this Site.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of this Site, use of this Site, or access to this Site.
- Links to Other Sites.
AMERICAN PIE may provide links from or to other web sites maintained by third parties. AMERICAN PIE has not reviewed or endorsed these linked web sites, and you hereby acknowledge and agree that AMERICAN PIE shall not be responsible for the content, products, or services offered on such web sites. To the extent applicable, you are responsible for compliance with all local laws regarding material obtained from this Site or any linked web sites.
- Claim Jumper Restaurants inc.
AMERICAN PIE is a licensee of Claim jumper Restaurants, Inc. The CLAIM JUMPER trademark, service mark and logo are the property of Claim Jumper Restaurants inc., and may not be used without the prior written consent of Claim jumper Restaurants, Inc., and without proper acknowledgement.
- Intellectual Property.
The information on this Site, including, without limitation, all design, text, images, photographs, press releases and other information, are protected under United States and other copyright laws and are owned by AMERICAN PIE or used under license from the copyright owner. The information may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner without AMERICAN PIE's prior written consent, except to the extent that such use is authorized under the United States and other relevant copyright laws. AMERICAN PIE's trademarks, logos, images and service marks used on this Site are the property of AMERICAN PIE and may not be used without the prior written consent of AMERICAN PIE and without proper acknowledgment. All other trademarks or logos are the property of their respective owners.
- Equal Employment Opportunity Commission Statement.
AMERICAN PIE does not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, political affiliation, veteran, or status with regard to public assistance, and AMERICAN PIE makes employment decisions in accordance with federal, state and local laws.
- Modification of Site.
AMERICAN PIE reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice to you. You acknowledge and agree that AMERICAN PIE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site.
- Claim Jumper Retail Governing Law.
The internal laws of the State of California, without reference to any choice of law provisions, shall govern any claims related to, arising out of, or in connection with any use of, or material or information on, this Site.
- Severability.
If any term or provision of the Terms of Use is declared unlawful, void, or for any reason unenforceable by any court in any jurisdiction, then such term or provision will be deemed severable from the remaining terms or provisions in such jurisdiction and will not affect the validity and enforceability of such remaining terms or provisions.
- Contact Us.
If you have any questions about the Terms of Use or this Site, please e-mail us at comments@claimjumperretail.com, or write to us (and include your e-mail address) at AMERICAN PIE, LLC at 130 Crossways Park Drive, Woodbury, NY. 11797 , Attention: Director of Operations.