Privacy policy
PRIVACY POLICY
This privacy policy applies to Lupoli Hospitality restaurants Bosa and 34 Park.
Registration Data and other information, including, without limitation, personally identifiable information, about Users will be treated in accordance with this Privacy Policy. In addition to the restrictions on disclosure of Registration Data as outlined in the Privacy Policy, Site Operator will not disclose any personally identifiable information of a User unless authorized by that User or unless Site Operator is required to do so by law or in the good faith belief that such action is necessary to: (a) conform with applicable laws or comply with legal process; (b) protect and defend the rights or property of Site Operator or its licensors; or (c) enforce the Terms of Use.
We value the trust you place in Lupoli Hospitality DBA Double N Inc., and we want you to be aware of the safeguards we have in place to respect your privacy. This Privacy Policy describes what information Lupoli Hospitality collects, how and why we collect it, and how we strive to protect it.
This Privacy Policy applies only to information collected by Lupoli Hospitality when you use our Sites, any of the Services, or that you provide when you visit our retail locations or otherwise communicate or interact with Lupoli Hospitality. For the purposes of this Privacy Policy, “you” or “your” shall refer to you as a User of the Sites. Capitalized terms used but not defined in this Privacy Policy will have the meanings ascribed to them in the Terms of Use, available here (the “Terms of Use”).
Before submitting information through the Sites or any of the Services, please review this Privacy Policy carefully. BY USING OR ACCESSING THE SITES OR ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU ACCEPT THE PRACTICES AND POLICIES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE OR ACCESS THE SITE OR ANY OF THE SERVICES.
If you prefer that we not collect any personal information from you, please do not provide us with any such information and limit your use of the Sites and Services. When you submit your personal information and other information to us, you consent to the collection, use, and disclosure of such information as outlined in this Privacy Policy.
How We Collect Information
Lupoli Hospitality collects information from you in the following ways:
Lupoli Hospitality collects information that you voluntarily provide when you use certain aspects of the Sites or the Services or when you visit one of our locations. Such information may include, without limitation, your name, phone number, and/or e-mail.
When you use the Sites or the Services, technological tools, including, without limitation, “cookies,” collect certain information automatically, as explained in the following section.
What Information We Collect
Lupoli Hospitality gathers Personal Information from you to provide superior service, customize our communications to you, and administer our business. “Personal Information” is information that can personally identify you.
Information you Choose to Give Us - If you choose to place an order, apply for a job, refer a potential employee, sign up for our rewards program or text message program, or submit a site for a potential restaurant to us online, or otherwise interact with Lupoli Hospitality we may request certain Personal Information such as your name, residential and email addresses, and phone number. If you are interested in a franchise and would like to complete a franchise application online, we request not only your name, residential and email address, and phone number but also your birthdate, social security number, immigration status, criminal history, and information regarding your assets and liabilities.
Providing your Personal Information to us is your choice. If you choose not to provide us with certain Personal Information, you may not be able to take advantage of all the features of the Sites (including, without limitation, the Services).
Email
In addition, when you send an email to us, we may retain your email address and the contents of the email you send.
Information Collected Automatically
When you visit the Sites, we may automatically monitor your activity and collect general non-personal information, such as browser information, operating system information, search terms used to locate the Sites, IP address, the date, time and length of stay, specific web pages accessed by you during your visit to the Sites, the website that you go to when you leave the Sites and any downloading you performed while on the Sites.
Cookies and Tracking Technologies
When ordering online or viewing the Sites, we may use tracking technology (“Cookies”) or similar technology to recognize your computer, store some information on your computer to, among other things, track what you order, and help make the Sites more user-friendly, efficient, and secure. Cookies should not harm your PC or contain any viruses. With most Internet browsers, you can erase the type of cookies you use from your computer hard drive, block our cookies, or receive a warning before our cookie is stored. We do not guarantee the effectiveness of browser cookie-blocking technologies, however. Please note that while you may still use the Sites and the Services, your actions in connection with such functions will interfere with the Sites and the Services functioning properly. As a result, to make it easier to use the Sites, we recommend that your browser settings accept Cookies on the Sites.
We or our partners may also use Flash cookies (also known as Local Stored Objects) or other similar technologies. A Flash cookie is a small data file placed on a computer using Adobe Flash or similar technology that may be built into your computer or downloaded or installed by you to your computer. We use these technologies to personalize and enhance your online experience, facilitate processes, and personalize and store your settings. They may be recognized by other sites or by our marketing or business partners. Flash cookies are different from browser cookies and the cookie management tools provided by your browser may not remove Flash cookies.
Visit www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html to learn how to manage privacy and storage settings for Flash cookies. If you disable Flash cookies or other similar technologies, please be aware that you may not have access to certain features and services that make your online experience more efficient and enjoyable.
Lupoli Hospitality uses Google Analytics to monitor our Site activity. To learn how Google Analytics collects and processes data, please visit: How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners.
If you access our mobile website or have downloaded our mobile app, we may also automatically collect information when you use our mobile website or download our mobile app about the type of mobile device you use, your mobile device identifier, your mobile operating system, pages you visit on our mobile websites, search terms, the type of mobile internet browsers you use and information about the way you use our mobile website and mobile applications. Our mobile applications also may collect geo-location information, including from the GPS, Wi-Fi, or Bluetooth functions on your mobile device. We may use this information in a variety of ways, including to determine which of our locations may be closest to you, whether you are within the allowed geographical ordering range of one of our locations, and to offer products and services to you. You may be able to opt out of sharing your geo-location information by changing the settings on your mobile device. If you choose to opt out, it may disable certain features of our mobile applications, including ordering.
How We Use the Information We Collect
Except as specified in this Privacy Policy, Lupoli Hospitality does not rent, sell, trade, or disclose your Personal Information to third parties without your consent. We use the information you provide to us only for the purpose for which it is requested. For example, when you place an order online, the information you provide will be used only to fill, bill, and deliver your order to you at the address specified and, if necessary, to contact you about your order. The Personal Information you provide regarding your employment and your financial background, we use to evaluate your candidacy as either a potential employee or potential franchisee, depending upon the application you have submitted. Except as specified in this Privacy Policy, we do not sell or divulge your Personal Information to any third party, unless of course, the law requires us to do so (as set forth below) or you have otherwise consented to such disclosure. We have established internal procedures to guarantee and ensure that the information you provide to us is used only for these purposes.
In addition, Lupoli Hospitality may use your Personal Information to:
Customize, analyze, adjust, and improve the Sites and the Services to better meet your needs.
Respond to your inquiries.
Enforce Lupoli Hospitality user policies and other agreements with you.
Provide you with important administrative information regarding the Sites and the Services, such as changes to this Privacy Policy, the Terms of Use, or our other policies, and to, more generally, facilitate communication between Lupoli Hospitality and you; and
Prevent fraud and other prohibited or illegal activities.
In addition, Lupoli Hospitality may aggregate de-identified user data and information collected by Lupoli Hospitality in connection with your use of the Sites or the Services, with non-identifiable anonymous data from other users and customers to create anonymous aggregated data that does not identify you (“Aggregated Data”). Lupoli Hospitality shall solely own all rights in and to any Aggregated Data, and has the irrevocable right to maintain, store, use, disclose or sell such Aggregated Data. Lupoli Hospitality may use Aggregated Data for its internal purposes, including, without limitation, to perform statistical analyses, and for Lupoli Hospitality other legitimate business purposes.
Disclosure of the Information We Collect
We will not disclose your Personal Information without your consent, except as follows:
We may retain other companies and individuals to perform functions on our behalf. Such third parties may be provided with access to Personal Information needed to perform their functions, in each case consistent with this Privacy Policy, but may not use such information for any other purpose.
We may disclose any information, including, without limitation, Personal Information, we deem necessary, in our sole discretion and without your prior permission, to comply with any applicable law, regulation, legal process or governmental request, or to protect the interests or safety of our visitors and customers, employees or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Lupoli Hospitality reserves the right to disclose your Personal Information if we believe you have or are violating this Privacy Policy or any other User policy available on the Sites, or to protect or defend Lupoli Hospitality rights or property, even without a subpoena, warrant or other court order. We may grant access to certain customer information (including Personal Information), subject to confidentiality restrictions, in connection with a sale, merger, liquidation, dissolution or insolvency proceeding involving a location, division or part or all of Lupoli Hospitality or its assets.
Lupoli Hospitality does not assume, and expressly disclaims, any liability for third parties that have been provided with information as permitted by this Privacy Policy or who have collected information as permitted by this Privacy Policy (such as advertisers using third party cookies).
Controlling Your information
We are committed to our customers, and we respect their privacy. If you tell us that you do not want us to use your Personal Information to contact you, Lupoli Hospitality will respect your wishes. However, you acknowledge that, by opting out of letting us use your Personal Information in accordance with this Privacy Policy, the Sites, or certain Services, or features thereof, may no longer be available to you. In addition, we are not responsible for removing your Personal Information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy. If you would like to modify or delete your Personal Information (including, without limitation, your User Login, email address, contact information, other Personal Information, and user preferences), please send an email to marketing@lupolico.com with clear instructions about the information that you would like to have modified or deleted. You must promptly update your Personal Information if it changes or is inaccurate.
If you have been provided a User Login to access any Restricted Area, you are responsible for all actions taken with your User Login. Therefore, we recommend that you do not disclose such User Login to anyone. You may not allow others to use your User Login to access or use any part of the Sites or any Services. If your User Login has been compromised for any reason, you should contact us immediately to obtain a new User Login.
On your request, we will deactivate your User Login and remove your Personal Information from our active databases. We will retain in our files the Personal Information you have asked us to remove from our active databases to prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our user policies and comply with legal requirements. Therefore, you should not expect that your Personal Information will be completely removed from our databases in response to your requests. However, such Personal Information will only be available to select employees, service providers and governmental persons or entities.
Opt-out Policy
You have the right to have any of the information you provide removed from our database at any time. To remove your information and/or terminate your registration, please email marketing@lupolico.com. If you do not feel comfortable providing Personal Information via the Internet, you may do so by mail at the address provided below. However, we are not responsible for removing your Personal Information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy.
Security
Lupoli Hospitality has implemented appropriate and industry-standard data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Sites. While Lupoli Hospitality strives to protect your information, no data transmission over the Internet is 100% secure and, consequently, we cannot guarantee the security of any information, nor should you expect that your Personal Information, searches, or other communications with Lupoli Hospitality will always remain secure. You should be aware that Lupoli Hospitality has no control over the security of other sites on the Internet that you might visit or interact with even when a link to any such third-party site appears on our Sites.
In the event of a breach of the confidentiality or security of your Personal Information, Lupoli Hospitality will notify you as necessary so you can take appropriate protective steps. Lupoli Hospitality may notify you under such circumstances using the e-mail address(es) that we have on record for you.
Children
The Sites are general audience websites and do not target or intend to collect Personal Information from children. Lupoli Hospitality is concerned about the privacy and safety of children when they use the Internet. We will never knowingly request or collect Personal Information online from minors without prior verifiable parental consent.
To use any Sites or Service, you must be the age of legal majority in your place of residence. By using the Sites or any of the Services, you hereby represent that you are at least the age of legal majority in your place of residence or have otherwise provided us with parental consent. All information provided to Lupoli Hospitality will be treated as if it was provided by an adult, unless we have specific information to the contrary. If we discover that a child under 13 has provided us with Personal Information, we will take all reasonable measures to remove it from our systems immediately.
Links to Other Websites
Lupoli Hospitality may provide links on the Sites to third party websites that we do not own or control. Lupoli Hospitality assumes no responsibility for the information practices of websites you can access through the Sites. These links to other websites do not imply affiliation or endorsement of a linked site. Any access to and use of such linked websites is not governed by this Privacy Policy but, instead, is governed by the privacy policies of those third-party websites. We encourage you to review and understand the terms of use and privacy practices of third-party websites before providing any information to or through them.
California Residents
If you are a resident of California, in addition to the rights set forth in this Privacy Policy, you have the right to request information from us regarding any disclosure of Personal Information to third parties for their direct marketing purposes. If you wish to make such a request, please send an e-mail to Lupoli Hospitality at marketing@lupolico.com.
Do not Track
Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, the Lupoli Hospitality Sites do not recognize DNT.
United States of America
The Sites are maintained in the United States of America. By using the Sites or any of the Services, you authorize the export of Personal Information to the United States of America and its storage and use by Lupoli Hospitality or its vendors, contractors, and partners, anywhere in the world, as specified in this Privacy Policy.
Privacy Policy Changes
Lupoli Hospitality reserves the right, in its discretion, to change, modify, add, or remove portions from this Privacy Policy at any time by posting such changes here. You should review this Privacy Policy regularly for changes and can easily see if changes have been made by checking the Last Updated date above. However, if at any time in the future we plan to use Personal Information in a way that differs from this Privacy Policy, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use following the posting of any changes to this Privacy Policy means you accept such changes. If you object to any such modification, your sole recourse is to stop using the Sites and/or the Services.
How to Contact Us
If you have any questions or concerns about this Privacy Policy, please contact us at:
Lupoli Hospitality
290 Merrimack Street
Lawrence, MA 01843
marketing@lupolico.com
USER CONDUCT
You agree that when using any Site or Service, you will act in a manner consistent with the goals of such Site or Service, and by way of example, and not as a limitation, you specifically agree that you will not:
a. Intentionally or unintentionally violate any applicable local, state, national, or international laws or regulations;
b. Use any spider, robot or other automated device or automated or manual process to copy, monitor, or keep a database copy of the Content or any portion of the applicable Site or Service;
c. Use such Site or Service to create any fraudulent or false inquiry or account;
d. Transmit or post any abusive, threatening, unlawful, defamatory, libelous, false, misleading indications of origin or statements of fact, vulgar, obscene, indecent, sexually explicit, pornographic, profane, or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by the Terms of Use;
e. Access or use such Site or Service in any way that, in Site Operator’s sole discretion, adversely affects the function or performance thereof or any other networks or computer systems used by Site Operator or any other Users, or infringes on Site Operator’s or any third party’s rights of privacy or publicity or any proprietary rights;
f. Transmit or upload to any Site, or use in connection with such Service, any software, device, or routine that contains viruses, worms, time bombs, Trojan horses, or other computer programming routines that may interfere with or attempt to interfere with, damage or in any way intercept the normal operation of such Site or Service, or take any action that imposes an unreasonable load on the computing platform related thereto;
g. Post information on or download information from a Site or Service unless you have all rights and authority necessary to do so;
h. Falsify or delete any author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material available through the use of such Site or Service;
i. Attempt to “crack,” “hack,” “bomb,” manipulate, or otherwise gain unauthorized access to other User accounts, Site Operator’s servers or software, or any areas of a Site not intended for your access;
j. Post, transmit, or distribute any unsolicited advertising, promotional materials, or other forms of solicitation to Users, individuals, or entities, except in areas designated by the Site Operator for such purposes;
k. Harvest, mine, or otherwise collect or store personal information about other Users, including, without limitation, e-mail addresses and the content of User profiles; or
l. Attempt to do any of the foregoing in this section or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.
Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension, or immediate termination of your account or your access to the Sites or Services, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of Site Operator. You acknowledge that the Site Operator is not responsible for and does not assume any liability for Users’ acts or omissions in connection with the use of any Service, including, without limitation, with respect to the aforementioned activities. If you are or become aware of or experience any Content, activity, or communication through or in connection with any Site or Service that appears to be in violation of the above, or violation of any other provision of the Terms of Use, please inform Site Operator of any such violation by sending notification to marketing@lupolico.com. If you believe your access to any Site or Service has been terminated in error, please contact us at marketing@lupolico.com. Site Operator shall not have any liability to you or any third party in respect of any limitation or suspension of your access to any Site or Service.
COPYRIGHT NOTIFICATION
Site Operator does not permit copyright infringing activities and other infringement of intellectual property rights on any of its Sites, and Site Operator will remove Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content in any area of a Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Site Operator’s designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an electronic mail address;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact the Site Operator’s designated Copyright Agent at marketing@lupolico.com to send notifications of claimed infringement. You hereby acknowledge and agree that if you fail to comply with all the requirements listed above, your DMCA notice may not be valid.
LINKS
The Sites may provide links to other websites or resources. Site Operator is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Site Operator shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, or services available on such external sites or resources. Site Operator provides these links and references to you only as a convenience. Unless otherwise expressly stated, a link does not imply the Site Operator’s endorsement, sponsorship, or recommendation of, or affiliation with, the linked site or its content, and the Site Operator does not accept any responsibility, therefore. You should carefully review the applicable terms and privacy policy of any such website before use.
CONFIDENTIAL INFORMATION
Content that is provided to or accessible through the Restricted Areas may include confidential information of the Site Operator. Registered Users may only use such confidential information in accordance with the Terms of Use. Registered User is responsible for all unauthorized uses or disclosures of Site Operator’s confidential information by Registered User or any other entity to whom Registered User discloses such confidential information. Registered User agrees that any actual or threatened breach of this Section 9 would cause irreparable harm to Site Operator, that monetary damages will not provide an adequate remedy and that Site Operator is entitled to seek an injunction or other equitable relief in addition to any other remedy or recourse available to Site Operator under the Terms of Use, at law or in equity, and Registered User waives the posting of any bond or surety.
DISCLAIMER OF WARRANTIES
a. THE USE OF ANY OF THE SITES OR SERVICES IS AT THE USER’S SOLE RISK. EACH OF THE SITES AND SERVICES IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. SITE OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR RELIABILITY OF THE CONTENT, THE AVAILABILITY OF THE SITES OR ANY SERVICES AT ANY PARTICULAR TIME OR LOCATION, THE CORRECTION OF ANY DEFECTS OR ERRORS IN THE SITES OR THE SERVICES, OR THAT CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SITE OPERATOR MAKES NO WARRANTY THAT ANY OF THE SITES OR THE SERVICES WILL MEET THE USER’S REQUIREMENTS OR THAT USE OF SUCH SITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ORERROR-FREEE, NOR DOES SITE OPERATOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE THEREOF.
b. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SITE OR SERVICE IS DONE AT THE USER’S DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE SITE OPERATOR OR THROUGH ANY OF THE SITES OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USERS.
LIMITATION OF LIABILITY
a. UNDER NO CIRCUMSTANCES SHALL SITE OPERATOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS), OR ANY OTHER DAMAGES OF ANY KIND, RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR THE INABILITY TO USE ANY OF THE SITES OR SERVICES, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE USER’S DATA, OR FAILURE TO STORE THE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF SITE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. IN EACH CASE, THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE INTENDED TO APPLY REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY OR OTHERWISE AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE A CONDITION OF THE OTHER PARTY ENTERING INTO THE TERMS OF USE.
c. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Site Operator and its affiliates, directors, officers, employees, and agents, from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees and costs, due to or arising out of, or in any way connected with your use of or access to any Site or Service or the Content, your violation of any part of the Terms of Use, or your use, or the use by any other person, of your User ID. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations concerning such matter), and in such case, you agree to cooperate with our defense of such claim.
USER FEEDBACK
Site Operator is pleased to hear from Users and welcomes your comments regarding the Sites and the Services. If you send the Site Operator your feedback, ideas, and materials (collectively, “Feedback”), please understand that by submitting such Feedback to the Site Operator, you irrevocably assign to the Site Operator, free of charge, all worldwide rights, title, and interest in all copyrights and other intellectual property rights in such Feedback. Site Operator will be entitled to use such Feedback for any purpose whatsoever without restriction and without compensating you in any way, and by submitting Feedback, you represent to Site Operator that you have the right to do so.
MODIFICATION, WAIVERS, INTEGRATION
Site Operator may modify, add, or remove any portion of the Terms of Use at any time and from time to time. Notification of such changes to the Terms of Use will be posted on the Sites and will be effective immediately thereafter. Your continued use of a Site or Service covered by such Terms of Use after the posting of the modified Terms of Use constitutes your agreement to abide and be bound by such terms, as modified. Should you object to any modification, your sole recourse is to terminate your use thereof. The Terms of Use may not otherwise be modified, except in writing signed by both parties. Site Operator reserves the right to modify or discontinue any Site or Service (or any portion thereof), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Sites. Site Operator shall not be liable to you or any third party if Site Operator exercises its right to modify or discontinue a Site (or any portion thereof). Unless explicitly stated otherwise, any new features that augment or enhance a Site shall be subject to the Terms of Use. No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth. The Terms of Use constitute the entire agreement of the parties concerning the matters contemplated hereby.
NOTICES
Any notice or other communication required or permitted to be made under the Terms of Use may be delivered in person, by facsimile, by United States certified or registered mail, by a nationally recognized overnight courier, or, as provided below, by electronic means. Except as otherwise provided herein, a notice shall be effective (a) upon receipt, if delivered in person; (b) upon receipt (confirmed by automatic answer back or like evidence of receipt), if sent by facsimile during normal business hours at the office of the recipient thereof and otherwise at the opening of business at such recipient’s office on the next business day; (c) three (3) days after deposit into the United States mail, if sent by certified or registered mail, return receipt requested; (d) at 11:00 a.m. on the next business day, if sent by overnight courier; and (e) as provided below, if sent by electronic means. In each case, such notice to any party shall be made to the mailing or e-mail address of such party indicated (i) in the case of the Site Operator, below, (ii) in the case of a Registered User, in the Registration Data, or (iii) in the case of any other User, to the last e-mail address provided by such User, if any (and in the absence thereof, notice will be valid if made in accordance with the last sentence of this Section 15). Either party may from time to time change its address for receiving notices in writing, or its electronic address, by posting a change of address on the Site or by sending a notice to the other party in writing or by electronic means promptly confirmed in writing. Any notice or other communication to be made hereunder, even if otherwise required to be in writing under other provisions of the Terms of Use, may alternatively be made electronically to the electronic addresses set forth (1) in the case of Site Operator, below, (2) in the case of a Registered User, to the e-mail address or other contact information included in the Registration Data, or (3) in the case of any other User, to the e-mail address or other contact information last provided to Site Operator by such User (if any). Any notice or other communication made in electronic form will have the same legal effect and enforceability as if made in non-electronic form. Site Operator may also broadcast notices or messages on the Sites and such broadcasts shall constitute notice to Users.
ASSIGNMENT, SEVERABILITY AND THIRD PARTIES
You shall not assign or otherwise transfer the Terms of Use, in whole or in part, or delegate or subcontract any of its rights or obligations hereunder, without the Site Operator’s prior written consent. Any attempted transfer or delegation by you without the Site Operator’s consent will be void. The Terms of Use will bind and inure to the benefit of each party’s successors and permitted assigns. The invalidity or unenforceability of any one or more sections of the Terms of Use shall not affect the validity or enforceability of its remaining provisions. The Terms of Use shall confer no rights upon any other party other than the parties hereto.
GOVERNING LAW AND JURISDICTION
All matters arising from or relating to the use and operation of the Site will be governed by and interpreted in accordance with laws of the Commonwealth of Massachusetts, without reference to principles of conflicts of law. The parties hereto hereby consent to the non-exclusive jurisdiction of any local, state, or federal court located within the Commonwealth of Massachusetts. The parties waive personal service of all process and agree that all such service of process may be made by certified or registered mail, return receipt requested, directed to such party, at the address indicated in Section 15. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THE TERMS OF USE.
TERMINATION
We may suspend or terminate your account or use of the Sites at any time, for any reason, or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice.
ACKNOWLEDGMENT
You acknowledge that You have read and understand the Terms of Use, and that the Terms of Use have the same force and effect as a signed agreement.
CONTACTING US
If you have any questions about the Terms and Conditions, please call us at (978) 681-7777, e-mail us at marketing@lupolico.com or write to us at the following address:
Lupoli Hospitality
290 Merrimack Street
Lawrence, MA 01843