TERMS & CONDITIONS

The following Terms of Use (“Terms”) govern your use of the website www.cicis.com, and the collection of online resources that are included on the website (collectively referred to as the “Site”). The Site is owned by CICI Enterprises, LP (“Cicis,” “We,” “Us”). This is an agreement between you and Cicis. Please read it carefully as it is binding on you. Your access and use of the Site signifies your agreement and complete acceptance of these Terms. Should you object to any provision or condition contained within these Terms, Cicis Privacy Policy, or any other requirement or guideline posted by Cicis, your only recourse is to immediately discontinue using or accessing the Site.

With the exception of content or materials posted by users of the Site, all of the content included on the Site, including all materials, software, HTML or other code, documents, text, designs, graphics, logos, images, audio and video (“Content”) is the property of Cicis and protected by United States copyright laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit the Content for any commercial purpose. None of the Content may be reverse-engineered, disassembled, decompiled, transcribed, resold, redisplayed or redistributed without Cicis specific prior written consent. Your use of the Content is limited to one copy for personal, non-commercial viewing and use only, and you acknowledge that you do not acquire any ownership rights by downloading or accessing the Content. Additionally, some material included on the Site is copyrighted by third parties, and you may not modify, copy, distribute, transmit, display or reproduce any of this third party content without the prior written consent of Cicis. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, image audio, and/or video on the Site shall not be broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any media, nor stored in a computer, except for personal and non-commercial use. Notably, Cicis aggressively enforces its intellectual property rights to the highest extent provided by law.

The trademarks, service marks and logos (the “Trademarks”) used and displayed on the Site are the registered and unregistered Trademarks of Cicis. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark, without the prior written permission of Cicis. Cicis prohibits the use of any of its logos as part of a link to or from any website, unless such link is approved in advance by Cicis in writing. Further, the design and layout of the Site is protected as CiCi’s trade dress and may not be copied or imitated in whole or in part. Notably, Cicis aggressively enforces its intellectual property rights to the fullest extent provided by law.

Cicis makes no representations regarding the accuracy or propriety of the information posted by its consumers or users to the “In the Community” section of the Site (“Community Site”). Cicis relies on its users to independently assess such information’s usefulness, accuracy and completeness. All such information is presented on an “as is” basis. By using and posting any materials onto the Community Site (“User Content”) you have an independent obligation and hereby agree not to include in any User Content any information or material which is protected by third party proprietary rights, including copyright, trademark, rights of privacy or publicity. Music is not permitted in any posting. Submission of User Content is evidence of your representation and warranty that the User Content complies with our Community Posting Guidelines and can be used by Cicis, and any other third party, in any manner or medium, without restriction as to manner, frequency or duration of use on a worldwide, perpetual basis. By submitting or uploading User Content to the Community Site, you hereby agree that Cicis, its successors, and any of its users, agents or assigns, may freely, and without restriction, use, edit, distribute, access, view, store, publish and revise any such User Content for any commercial purpose, in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the User Content without your prior approval or the payment of any compensation. You also grant each user of the Community Site a non-exclusive license to access your User Content as permitted through the functionality of the Site. You understand that we reserve the right, but not the obligation, to monitor, review, revise, reject, or remove any User Content which we feel violates our Community Posting Guidelines, is unlawful, threatening, pornographic, violent, political, or otherwise inappropriate, or for any other purpose in our sole discretion and without notice. We have the right to view and monitor any User Content posted to the Community Site and we reserve the right, but not the obligation, to monitor, edit or remove any material, at any time and without notice if: (i) we believe that the User Content violates our Community Posting Guidelines (incorporated herein by reference), (ii) such removal is necessary to protect the rights, property or personal safety of Cicis, our users and the public, (iii) required to do so by law, or (iv) we believe in our sole discretion that doing so will improve our Site and the experience of our users. We may, at our sole discretion, immediately terminate your access to the Community Site should your conduct fail to conform to the Community Posting Guidelines. In addition, you understand that you are personally responsible for your behavior while on the Community Site and agree to indemnify and hold Cicis, and our affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to your access, use or posting to the Community Site.

In accordance with the terms of the Digital Millennium Copyright Act (the “Act”), Cicis has registered an agent with the United States Copyright Office, and avails itself of the protections under the Act. Cicis reserves the right to remove any material or information on the Community Site, which allegedly infringe another person’s copyright. Notices to Cicis regarding any alleged copyright infringement on the Site should be directed to: Cicis Pizza, Attn: Guest Concerns, 1080 West Bethel Road, Coppell, TX 75019, or via e-mail to GuestServices@cicispizza.com.

UNDER NO CIRCUMSTANCES SHALL CICIS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CICIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR FROM MISTAKES, OMISSIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE OF ANY KIND, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM THE INABILITY TO USE THE SITE OR THE INTERRUPTION, SUSPENSION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED THROUGH THE SITE OF ANY LINKS ON THE SITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, THE AGGREGATE LIABILITY OF CICIS AND ANY OTHER PARTY INVOLVED IN CREATING, ADMINISTRATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO $50.00.

These Terms shall be governed by and construed in accordance with the laws of the state of Texas without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and Cicis (“Dispute”) shall lie in the state courts located in Dallas, Texas or the federal courts located in Dallas, Texas. You hereby waive any right you might have to resolve any Dispute on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to Cicis, or the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred.

The products displayed on the Site are available through the Site and in select Cicis stores across the United States. Product availability is subject to change without notice and may vary from store to store and on the Site. The prices displayed at the Site are quoted in U.S. Dollars and must be paid in U.S. Dollars. Cicis reserves the right to modify or discontinue, at any time, some or all of the products or services available on the Site, with or without notice.

This Site is governed by the terms and conditions set out in our Privacy Policy.

If you use the Site to order products from Cicis, you are responsible for maintaining the confidentiality of your account, and for restricting unauthorized access to your computer. You agree to accept responsibility for all activities that occur under your account. The Site sells products to adults, who may purchase products with a credit card. If you are under 18, you may use the Site only with involvement of a parent or guardian. Cicis reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

These Terms, Cicis Privacy Policy and the Community Posting Guidelines constitute the entire agreement between you and Cicis and govern your use of the Site, superseding any prior agreements between you and Cicis. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of Cicis to partially or fully exercise any rights or Cicis waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Cicis or be deemed a waiver by Cicis of any subsequent breach by you of the same or any other provision of these Terms. The rights and remedies of Cicis under these Terms and any other applicable agreement between you and Cicis shall be cumulative, and the exercise of any such right or remedy shall not limit Cicis right to exercise any other right or remedy.

You agree that we may terminate, modify, discontinue or abandon the Site with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this agreement is terminated for any reason, the provisions titled Proprietary Rights – Trademark, Proprietary Rights – Copyright, User Content, Disclaimer of Warranties, Limitations of Liability, and General Information shall survive any such termination.

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms from time to time. Such modifications shall be effective as of the Effective Date. Please visit the Terms area each time you visit the Site to keep up to date with the current terms regarding your use of the Site. Your continued use of the Site constitutes an affirmative acknowledgment of the revised Terms and your agreement to abide and be bound by the Terms as modified. How to Contact Us. If you have any questions about this Site or Cicis products or services, please call us at (972) 745-4200, or write to us at: 1080 W. Bethel Rd., Coppell, TX 75019.