Legal & Privacy
Legal & Privacy
Rusty's Terms of Use
ACCEPTANCE OF TERMS OF USE
These Terms of Use govern your use of the Rusty's Pizza Parlor, Inc. and its affiliates ("Rusty's Pizza") Website (collectively, including all Content available through the RustysPizza.com domain name and subdomain, the "Rusty's Website" or the "Website") operated by Rusty's Pizza ("Rusty's")). By using or accessing the Rusty's Pizza Website or the Rusty’s Pizza Online Ordering website in any way, you accept and agree to be bound by these Terms of Use and the terms and conditions of Rusty’s Privacy Policy which are incorporated herein by this reference. If you do not agree to these Terms of Use, you should not use the Rusty's Pizza Website. These Terms of Use are an ongoing contract between you and Rusty's Pizza. These Terms of Use affect your rights and you should read them carefully.CHANGES TO TERMS OF USE
Rusty's Pizza reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Rusty's Pizza Website. The most current version of the Terms of Use will supersede all previous versions. Your use of the Rusty's Pizza Website after changes are made means that you agree to be bound by such changes.PRIVACY AND PERSONAL INFORMATION
Rusty's Pizza is committed to protecting the privacy of the personal information you provide us on our Website. Any information submitted on the Rusty's Pizza Website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.YOUR ACCOUNT
If you use the Rusty's Pizza Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, including product orders made therefrom. The Rusty's Pizza Website sells products to adults, who can purchase with a credit card. If you are under 18, you may use the Rusty's Pizza Website only with involvement of a parent or guardian. Rusty's Pizza and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.RUSTY’S PIZZA WEBSITE
These Terms of Use apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Rusty's. Rusty's has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Rusty's will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Rusty's from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.WEBSITE ACCESS
A. Rusty's hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Rusty's prior written authorization; (iii) you will not alter or modify any part of the Website; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use and Rusty’s Privacy Policy.B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Rusty's immediately of any breach of security or unauthorized use of your account. Although Rusty's will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Rusty's or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Rusty's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Rusty's grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Rusty's reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
RUSTY’S PIZZA’S INTELLECTUAL PROPERTY RIGHTS
The content on the Rusty's Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, html code, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Rusty's, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. These marks are used to distinguish Rusty's Pizza's quality products and services. These marks and related proprietary property are protected from reproduction and simulation. Rusty's reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE RUSTY’S WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RUSTY’S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. RUSTY’S MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY. The Rusty's Pizza Website may link to sites not maintained by or related to Rusty's Pizza. Rusty's Pizza makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this Website. The Website is controlled and offered by Rusty's from its facilities in the United States of America. Rusty's makes no representations that the Rusty's Website is appropriate or available for use in other locations. Those who access or use the Rusty's Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.LIMITATION OF LIABILITY
IN NO EVENT SHALL RUSTY’S, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) 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 RUSTY’S WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS 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 RUSTY’S SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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.INDEMNITY
You agree to defend, indemnify and hold harmless Rusty's, its affiliates, officers, directors, 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) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third parties’ rights, including without limitation any copyright, property or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.ABILITY TO ACCEPT TERMS OF USE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Rusty's Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Rusty's Website - there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Rusty's without restriction.GENERAL
You agree that: (i) the Rusty's Website shall be deemed solely based in California; and (ii) the Rusty's Website shall be deemed a passive website that does not give rise to personal jurisdiction over Rusty's, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Rusty's that arises in whole or in part from the Rusty's Website shall be decided exclusively by a court of competent jurisdiction located in Santa Barbara County, California. These Terms of Use, together with the Rusty's Website Privacy Policy and any other legal notices published by Rusty's on the Website, shall constitute the entire agreement between you and Rusty's concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Rusty's to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND RUSTY'S AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RUSTY'S WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.Rusty's Privacy Policy
Safeguarding your privacy and the security of your personal information is important to us. Please take a few minutes to read the following policy so that you understand how we treat your personal information. As we continuously improve and expand our services, this policy might change, so please check it periodically. If you have questions about our privacy policy, please email us at comments@rustyspizza.comPurpose
Rusty’s Pizza has adopted this Privacy Policy in order to inform you of its policies with respect to information collected from the online and mobile web site (collectively, the "Web Sites") and our forthcoming tablet and smartphone applications (the "Application" or collectively the "Applications"). Your use of the Web Sites or Applications constitutes your acceptance of this Privacy Policy and your consent to the practices it describes.Personally Identifiable Information
Personally Identifiable Information is any information that concerns you individually and would permit someone to contact you, for example, your name, address, telephone number, email address or any information you submit to rustyspizza.com or the Applications that identifies you individually.
The Web Sites or the Applications will not collect any personally identifiable information about you unless you provide it.
Therefore, if you do not want us to obtain any personally identifiable information about you, please do not submit it to us.
You can visit and browse the Rusty’s Pizza Web Sites and the Applications without revealing personally identifiable information about yourself. You may also choose to disclose personally identifiable information about yourself, which may be maintained as described below. The Web Sites and the Applications may collect personally identifiable information about you by methods such as the following:
- Transactions and Activity - If you become a registered user or if you conduct transactions through the Web Sites or an Application, we will collect information about the transactions you engage in while on the Web Sites or Application and your other activity on the site or Application. This information may include, without limitation, areas of the Web Sites or Application that you visit, transaction type, content that you view, download or submit, transaction amount, payment, and billing information as well as the nature, quantity and price of the goods or services you exchange and the individuals or entities with whom you communicate or transact business.
- Email and other voluntary communications - You may also choose to communicate with us through email, via our Web Sites, via the Applications, by telephone, in writing, or through other means. We collect the information in these communications, and such information may be personally identifiable.
Non-Personally Identifiable Information
When you visit the Rusty’s Pizza Web Sites and Applications, like when you visit most other web sites and applications, certain anonymous information about your visit is automatically logged, which may include information about the type of browser you use, the server name and IP address through which you access the internet, the date and time you access the site, the pages you access while at the Rusty’s Pizza Web Sites, and the internet address of the web sites, if any, from which you linked directly to the Rusty’s Pizza site or Application. This information is not personally identifiable.Information Use
Rusty's Pizza may use the personally identifiable information collected through its Web Sites or Applications primarily for such purposes as:- helping to establish and verify the identity of users;
- helping to establish and verify the identity of users;
- opening, maintaining, administering and servicing users' accounts or memberships;
- processing, servicing or enforcing transactions and sending related communications;
- providing services and support to users;
- improving the Web Sites, including tailoring it to users' preferences;
- providing users with product or service updates, promotional notices and offers, and other information about Rusty’s Pizza and its affiliates;
- responding to your questions inquiries, comments and instructions;
- maintaining the security and integrity of its systems.
Disclosure of Information
Rusty’s Pizza does not provide personally identifiable information to unaffiliated third parties for their use in marketing directly to you. Rusty’s Pizza may use unaffiliated companies to help it maintain and operate its Web Sites, Applications or for other reasons related to the operation of its business, and those companies may receive your personally identifiable information for that purpose. These companies may only use such personally identifiable information for the purpose or performing those functions and may not use it for any other purpose. Rusty’s may also disclose personally identifiable information about you in connection with legal requirements, such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted by law.
Children's Privacy
The Web Sites and Applications are directed toward and designed for use by persons aged 13 or older. Rusty’s Pizza will not approve applications of, or establish or maintain registrations for any child whom Rusty’s knows to be under the age of 13. Rusty’s Pizza does not solicit or knowingly collect personally identifiable information from children under the age of 13. If Rusty’s nevertheless discovers that it has received personally identifiable information from an individual who indicates that he or she is, or whom Rusty’s Pizza otherwise has reason to believe is, under the age of 13, Rusty’s will delete such information from its systems. Additionally, a child's parent or legal guardian may request that the child's information be corrected or deleted from our files by requesting this via comments@rustyspizza.com."Cookies" and Advertisers
The Rusty’s Pizza Web Sites' and Applications' server, or the servers of companies that are used to operate the Web Sites and Applications, may place a "cookie" on your computer in order to allow you to use the Web Sites and Applications and to personalize your experience. A "cookie" is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer's hard drive. Cookies allow us to recognize your computer while you are on our Web Sites and Applications and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users, tracking transaction histories and preserving information between sessions. The information collected from cookies may also be used to improve the functionality of the Web Sites and Applications. Most web browser applications (such as Microsoft Internet Explorer and Firefox and Safari etc.) have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, please note that you may not be able to use certain personalized functions of the Web Sites.External Links
The Rusty’s Pizza Web Sites and Applications may contain links to other web sites not maintained or related to Rusty’s Pizza. These links are provided as a service to users and are not sponsored by or affiliated with the Web Sites, Applications, or Rusty’s Pizza. Rusty’s Pizza has not reviewed any or all of the sites hyper-linked to or from the Web Sites or Applications and is not responsible for the content or privacy practices of other web sites. The links are accessed at the user's own risk, and Rusty’s Pizza makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to the Web Sites or Applications. Web sites that are accessible by hyperlinks from the Rusty’s Pizza Web Sites or Applications may use cookies. Rusty’s Pizza encourages you to read the privacy statements provided by other web sites before you provide personally identifiable information to them. Rusty’s Pizza does not implicitly endorse third-party sites hyper-linked to the Web Sites or Applications.Security
Rusty’s Pizza maintains physical, electronic, and procedural safeguards to help guard personally identifiable information. If transactions are offered on the Web Sites or Applications, transaction information is transmitted to and from Rusty’s in encrypted form using industry-standard Secure Sockets Layer (SSL) connections to help protect such information from interception. Rusty’s restricts authorized access to your personal information to those persons who have a legitimate purpose to know that information to provide products or services to you and those persons you have authorized to have access to such information. Please be aware, however, that any email or other transmission you send through the internet cannot be completely protected against unauthorized interception.Choice/Opt-Out
In order to provide service to you, we may send you communications related to your transactions, security or the administration of the Web Sites or Applications. From time to time, Rusty’s Pizza and its affiliates may also wish to send you other messages or updates about our Web Sites, Applications, Rusty’s Pizza, our affiliates, or their promotions and other activities. If you do not wish to receive non-transaction/security related communications from Rusty’s Pizza and its affiliates, please send an email containing your request via comments@rustyspizza.com.Changes to this Privacy Policy
Rusty’s Pizza reserves the right to modify or supplement this policy at any time. If a material change to the terms of this policy is made, Rusty’s will post a notice on its homepage and a link to the new policy.Contacting Us
If you have questions about this privacy statement, the information practices of Rusty’s Pizza or your dealings with our Web Sites or Applications, please email us at comments@rustyspizza.com