D'AMATO'S | TERMS & CONDITIONS

Last Updated January 17, 2019

These Terms of Use apply to the website at https://www.damatos.com (the “Site”), and any related, application, service or tool (collectively, the “Services”). The Services are owned and/or operated by Heritage Restaurant, LLC dba D’Amato’s (“D’Amato’s”). BY USING THE SITE OR THE SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE OR THE SERVICES. We may amend these Terms of Use and/or our Privacy Policy from time to time by posting the amended Terms of Use and/or Privacy Policy within the Services or otherwise by written notice sent to you. Any amendments to these Terms of Use and/or the Privacy Policy shall be effective immediately upon posting or delivery of such written notice. Your continued use of the Services following posting of amended Terms of Use and/or Privacy Policy constitutes your acceptance of the posted amendment.

We are firmly committed to protecting the privacy of our users. Click here to review our Privacy Policy which also governs your use of the Services.

Use of Materials

All materials furnished in or through the Services, including, without limitation, all text, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, files, documents, images, software code or other materials (collectively, the "Materials"), including but not limited to the design, structure, selection, coordination, expression, compilation, "look and feel" and arrangement of such Materials contained on the Services are owned by D’Amato’s or other parties that have licensed their materials D’Amato’s, and are protected by copyright, trademark, and other intellectual property and unfair competition laws. D’Amato’s disclaims any proprietary interest in copyrights, trademarks, service marks, logos, slogans, domain names and trade names other than its own.

Except as expressly provided in these Terms of Use, no part of the Services and no Materials may be copied, scraped, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for compilation, publication or distribution or for any commercial enterprise, without D’Amato’s's express prior written consent. You may not use any data mining, bots, scraping, or similar data gathering and extraction tools on the Materials, frame any portion of the Services or Materials, or circumvent any mechanisms included in the Materials for preventing the unauthorized access to, copying, scraping, reproduction or distribution of the Materials.

You may download one copy of the Materials found on the Services on a single computer for your personal, non-commercial internal use only, provided that you (1) do not remove any proprietary notices in such Materials, (2) do not copy or post such Materials on any networked computer or broadcast it in any media, (3) make no modifications to any such Materials, and (4) do not make any additional representations or warranties relating to such Materials. All rights not expressly granted in these Terms of Use by D’Amato’s to you are reserved by D’Amato’s and/or its licensors.

D’Amato’s Trademarks

The name and mark D’Amato’s in word and logo forms, and related names, marks and logos are trademarks and service marks owned and used by D’Amato’s or its licensors. All other trademarks and service marks you may see within the Services are the property of their respective owners. You are not authorized to use any D’Amato’s name, mark, logo, design or slogan without the prior written consent of D’Amato’s.

Use of Site

You represent and warrant that you are at least 18 years old or visiting the Site only while under the supervision of a parent or guardian. A. D’Amato’s’s policy prohibits you from providing any personal information to us if you are younger than thirteen (13) years old. D’Amato’s will treat any personal information that you submit through the Site in accordance with its Privacy Policy located here.

You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site, the Materials or any portion of the site or the Materials unless expressly permitted by D’Amato’s in writing. You may not make any commercial use of any of the information provided on the Site or the Materials or make any use of the Site or the Materials for the benefit of another business unless explicitly permitted by D’Amato’s in advance. D’Amato’s reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if D’Amato’s believes that customer conduct violates applicable law or is harmful to D’Amato’s's interests.

You may not submit content to the Site or use the Services in any manner that:

Is offensive, violent, promotes racism, bigotry, hatred, harassment or physical harm of any kind against any group or individual;

Is libelous or slanderous;

Is intended to cause commercial harm to us or to benefit a third party at our expense;

Exploits people in a sexual or violent manner, is pornographic or contains nudity, violence or offensive subject matter or contains a link to a website containing such material;

Involves any automated use of the system such as, but not limited to, using scripts to add friends or send comments or messages;

Collects others' names, personal information or contact information by electronic or other means for the purpose of sending unsolicited communications;

Constructs any links from any page on our website to any other site on the internet, or frames any page from our website on any other website;

Uses any automated or computerized process we have not previously authorized to access, obtain, scrape or download any Materials, data or content;

Circumvents or modifies, attempts to or assists another in circumventing or modifying any security technology or software that is part of our website;

Interferes with or modifies any standard technical measures used by copyright owners to identify and protect copyrighted works;

Transmits or disseminates any kind of material that contains viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of any computer software or hardware or telecommunication systems of third parties, interrupt the normal execution of communications, interfere with or interrupt the services provided on this website otherwise permits the unauthorized use of or access to a computer or a computer network; or

Uses the Site and its Services in a manner inconsistent with any and all applicable laws and regulations.

We have the right, but no obligation, to remove any submitted content for any reason. We may, at our sole discretion, remove any content that violates these terms and or is deemed to be objectionable or inappropriate for any reason.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of your identification. You shall immediately notify D’Amato’s of any unauthorized use of this Site or any other breach or threatened breach of this Site's security.

Right to Discontinue or Change Products and Services

D’Amato’s reserves the right to modify or discontinue the Services, or any portion thereof, and to change, add, substitute or delete any products offered for sale via the Site (“Products”) without notice to you or any third party.

Content and Warranty Disclaimer

All Materials, including all features, content, specifications, products and prices of Products and Services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Materials may include technical inaccuracies or typographical errors. Changes may be periodically incorporated into the Materials. We may make improvements and/or changes in the Services, Products, and/or programs described in the Materials at any time without notice. The Materials, Products and Services are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. D’AMATO’SCANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES OR BE OF SATISFACTORY QUALITY, ACCURATE, AND TIMELY. WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.

Shipping Limitations

When an order is placed for any Product or Products, it will be shipped to an address designated by you as the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for Products purchased from the Site pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

LIMITATION OF LIABILITY

IN NO EVENT SHALL D’AMATO’S, ITS MEMBERS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, AND THEIR RESPECTIVE EMPLOYEES AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE SERVICES OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIALS CONTAINED IN OR ACCESSED VIA THE SERVICES, OR ANY PRODUCTS PURCHASED VIA THE SITE, EVEN IF D’AMATO’SWAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Indemnity

You agree to indemnify, defend and hold harmless D’Amato’s, its members, affiliates, successors, assigns, licensors, and their respective employees and agents for, from, and against any claims, demands, obligations, liabilities, losses, costs, damages, fines, and expenses, including reasonable attorneys' and consultants' fees and court costs, made against D’Amato’s by any third party due to or arising out of or in connection with your use of the Services.

Termination and Effect of Termination

In addition to any other legal or equitable remedies, D’Amato’s may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and D’Amato’s may, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

International Access

This Site may be accessed from countries other than the United States. This Site may contain Products or references to Products that are not available outside of the United States. Any such references do not imply that such Products will be made available outside the United States. D’Amato’s makes no representations that the materials on this Site are appropriate or available for use in other countries besides the United States. If you access and use this Site outside the United States you are solely responsible for complying with your local laws and regulations.

ARBITRATION

Except for claims for injunctive relief or specific performance arising from a breach or threatened breach by you of these Terms of Use (as discussed below under Injunctive Relief), which D’Amato’s may pursue in any court of competent jurisdiction at its sole option, any legal dispute between you and D’Amato’s concerning or arising out of these Terms of Use shall be resolved through binding individual arbitration unless you opt out of arbitration using the process described below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this Arbitration PROVISION. You may opt out of this Arbitration Agreement within the first 60 days after the earliest of the first time you: (a) make a purchase from the Site; (b) sign up for any service provided by D’Amato’s; or (c) purchase an D’Amato’s gift card, by sending a signed letter to Arbitration Opt-Out, Attn: Legal, 306 S. Washington Ave, Ste 212, Royal Oak, MI 48067. The letter should include your printed name, address, and the words “Reject Arbitration.” This is the only method by which you can opt-out of arbitration.

Either party may initiate arbitration, yet we encourage you to call D’Amato’s in advance of filing an arbitration claim to see if the dispute can be settled prior to arbitration. If you intend to seek arbitration you must first send written notice (“Notice”), by first class or certified mail, to Attn: Legal, 306 S. Washington Ave, Ste 212, Royal Oak, MI 48067. If D’Amato’s intends to seek arbitration, D’Amato’s will send a Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the American Arbitration Association (AAA) site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to D’Amato’s at Attn: Legal, 306 S. Washington Ave, Ste 212, Royal Oak, MI 48067, and D’Amato’s will send such copy to the current billing address on your account.

The arbitration will be conducted under the then current rules of the AAA. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be conducted in accordance with the rules of the AAA.

The party who initiates arbitration will pay all filing, administration, and arbitrator fees. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SERVICES, THE PRODUCTS, THE SITE AND/OR THESE TERMS OF USEWILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS ARBITRATION SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR MASS ACTION; AND, (2) EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

This arbitration provision shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms and Conditions, or to any disputes and claims that are covered by the arbitration provision, the law of the State of Michigan will govern. Except as set forth above, if any portion of this arbitration provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

Injunctive Relief

You agree that D’Amato’s's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that D’Amato’s shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that D’Amato’s may be legally entitled to recover.

No Waiver

No instance of waiver by D’Amato’s of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by D’Amato’s.

Severability

If any provision of these Terms of Use is found to be illegal or unenforceable or invalid, the remaining provisions of these Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable.

Entire Agreement

These Terms of Use, together with the D’Amato’s Privacy Policy constitute the entire agreement between you and D’Amato’s with respect to your access and use of this Site and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Electronic Communications

You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and D’Amato’s may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.

Copyright Infringement Claims Procedure. D’Amato’s takes all concerns related to intellectual property seriously. It is D’Amato’s’s policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user’s account if she or he infringes, is alleged to infringe, or appears to infringe the intellectual property rights of others.

If you believe that any Materials on our Site infringe any copyright, or any other valid intellectual property right, please provide the following information to D’Amato’s’s DMCA Agent.

i. A physical or electronic signature affirming that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works on our Site;

iii. Identification of the Material(s) that are claimed to be infringing or to be the subject of infringing activity and that are to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the Material(s);

iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

v. A statement that You have a good faith belief that use of the

Materials(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. 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 provide this information to D’Amato’s’s DMCA Agent, who can be reached as follows, by mail:

Heritage Restaurant, LLC

c/o D’Amato’s DMCA Agent

D’Amato’s

306 S. Washington Ave, Ste 212

Royal Oak, MI 48067

Due to IT concerns, no attachments can be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment may not be received or processed.

Website

All information contained on this Site is property of D’Amato’s unless otherwise noted. Any reproduction without express written consent of D’Amato’s is prohibited.

Contact Us