SAUCE PIZZA AND WINE
MOBILE APPLICATION END USER LICENSE AGREEMENT
Effective Date: 7/29/2024
Welcome to Sauce Pizza and Wine, where our mission is to consistently exceed our guests’ expectations. BBQ Holdings, LLC dba Sauce Pizza and Wine (“we,” “us,” “our,” or “Sauce Pizza and Wine”) licenses a mobile application (together with all documentation and updates, the “App”) that application end users (“you,” “your,” or “Users”) may download, install, and use. The App is available through the iTunes and Google Play stores. This Mobile Application End User License Agreement (together with any documents referred to therein) (collectively, this “Agreement”) governs your use of our App.
By downloading, installing, or using the App, you accept and agree that: (a) you have read and understand this Agreement; (b) you represent that you are 13 years of age or older; and (c) you accept this Agreement and are legally bound by its terms. If you do not agree to the terms of this Agreement, do not use, access, download, or install the App and delete it from your mobile device.
A separate Privacy Policy and User Agreement governs your use of and orders made through the website https://saucepizzaandwine.olo.com/ and through the App.
License Grant and Restrictions
Subject to the terms of this Agreement, Sauce Pizza and Wine grants to Users a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you strictly in accordance with the App’s documentation.
Through use of the App, User consents to automatic software updates of the App. Upon termination by Sauce Pizza and Wine, for any reason, User’s access to the App may be terminated. The App is only licensed for Users’ use for the purposes for which Users are authorized and on the devices for which Users are authorized to administer. Users may uninstall the App at any time by using the standard uninstall procedures offered with Users’ mobile device’s operating system.
As a condition of User’s use of the App, User warrants that they will not use the App for any purpose that is unlawful or prohibited by this Agreement. User may not use the App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the App. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App. User may not: (a) modify the App or any portion thereof; (b) reverse engineer, disassemble, decompile the App (or any element thereof) or otherwise attempt to discover the source code or structure, sequence and organization of the App or any element thereof (except to the extent reverse engineering restrictions are expressly prohibited by applicable local law, and then only to the extent so prohibited or controlled); (c) make copies, redistribute or sell the App; (d) remove, alter or obscure any trademark, copyright, confidentiality, proprietary or other notices or legends contained on or within the App (or any copy or portion thereof); (e) access the App via any means other than through authorized distributor platforms; (f) transmit content that is, without limitation: unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent; invasive of another’s privacy; is tortious; (g) propagate software that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network; (h) engage in any activity that otherwise interferes with the use and enjoyment of the App by others, including without limitation: using the App in any way that may damage, disable, overburden, or impair our servers or networks; or transmitting, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages).
Your Account
Use of parts of the App may require that you create an account with a username and a password. You are solely responsible for the activity on your account. To create an account, you must:
- Be 13 years of age or older.
- Provide accurate information; and
- Keep your log-in and password secure.
You may delete your account by contacting us at https://www.saucepizzaandwine.com/contact/ or in the “More” section of the App.
Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, we may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to our Mobile App Privacy Policy. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Mobile App Privacy Policy.
Access to the System
We reserve the right to delete or amend the App and any service or material we provide on the App, in our sole discretion, without notice or liability. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App or the entire App.
Updates
Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Sauce Pizza and Wine has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
Term and Termination
This Agreement commences when you download the App and remains in force so long as User continues to access or use the App or until terminated by any party. Sauce Pizza and Wine may terminate this Agreement for any reason at any time and User may terminate by uninstalling the App and discontinuing all of Sauce Pizza and Wine services. Sauce Pizza and Wine reserves the right, in its sole discretion, to suspend or terminate Users’ accounts and access to or use of the App at any time if Sauce Pizza and Wine believes Users have acted in violation of this Agreement, the Mobile App Privacy Policy, or applicable law, or have attempted to interfere with the App, or have acted with intent to annoy, abuse, threaten, or harass any other person. Upon termination, Users’ access to the App will cease.
Upon termination, (a) all rights granted to you under this Agreement will also terminate; and (b) you must cease all use of the App and delete all copies of the App from your mobile device and account. Termination will not limit any of Sauce Pizza and Wine’s rights or remedies at law or in equity.
Intellectual Property
Sauce Pizza and Wine is the exclusive owner of all right, title and interest to and in the App and all content and services offered through the App; including, without limitation, any and all patents, copyrights, trademarks, service marks, trade secrets and any other proprietary rights related to the App or its content. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, of this Agreement. The license to use the App does not grant you any right to use the trademarks, service marks or logos of Sauce Pizza and Wine or its licensors. Sauce Pizza and Wine reserves all rights to modify, remove or otherwise change any of the content provided through the App.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App. Our content is not for resale. Your use of the App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by this Agreement.
Links to Other Websites and Connecting through Social Media
The App may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website or social media icon on the App does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the App to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
Indemnification
You agree to indemnify, defend, and hold harmless Sauce Pizza and Wine, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or mis use the App, your violation of this Agreement.
Disclaimer of Warranties
SAUCE PIZZA AND WINE AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SAUCE PIZZA AND WINE AND/OR ITS AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE APP AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SAUCE PIZZA AND WINE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT (I) THE APP OR ITS CONTENT WILL OPERATE IN AN ERROR FREE OR UNINTERRUPTED MANNER; (II) THE APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (III) THE APP WILL SATISFY THE USER’S REQUIREMENTS; (IV) THE APP ARE COMPATIBLE WITH SYSTEMS, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTY PERSONS OR ORGANIZATIONS; (V) THE RESULTS OBTAINED FROM THE USE OF THE APP WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (VI) THE APP WILL PREVENT THE UNAUTHORIZED DISCLOSURE OF, UNAUTHORIZED USE OF, UNAUTHORIZED ACCESS TO, MISAPPROPRIATION OF, LOSS OF, OR ALTERATION OF ANY DATA OR INFORMATION; OR (VII) ANY ERRORS OR DEFECTS IN THE APP WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Geographic Restrictions
The App is controlled, operated, and administered by Sauce Pizza and Wine in the United States. We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law, Venue and Jurisdiction
This Agreement shall be governed by the laws of the State of Minnesota without regard to conflict of law principles. Any claim or dispute related to the App or under this Agreement must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.
Miscellaneous Terms
This Agreement, together with our Mobile App Privacy Policy and any other document referred to in this Agreement or the Mobile App Privacy Policy, are the entire agreement between you and us related to your use of the App.
No waiver of these terms by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
Contact Information
To contact us, visit https://www.saucepizzaandwine.com/contact/.