Last Updated: 12/11/19
1. Proprietary Rights and Restrictions
The Sites and their content, including without limitation all informational text, headers, custom graphics and button icons, photographs, audio, video, messages, files, documents, sound, images, or other materials (collectively referred to as “content”) are the property of Paciguo or its licensors. The Sites and their respective content are protected by U.S. and international copyright laws. The Sites and their respective content is intended solely for personal, noncommercial use by the users of our Sites. The content on the Sites may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means. Any modification of the content, use of the content on any website, mobile device, or networked computer environment, or use of content for any purpose other than personal, noncommercial use is a violation of the copyright, trademark, and other proprietary rights in the content and is strictly prohibited.
We appreciate your comments, feedback and remarks. By submitting content to the Sites, including remarks, suggestions, ideas, graphics, or other information communicated to us though you, the submission will become our property, including future rights associated with such submissions. You acknowledge that you are responsible for the material you submit, and you, not us, have full responsibility for the message, including reliability, appropriateness, originality, and copyright.
You agree to access and use the Sites only for lawful purposes. Conduct that we believe is harmful or disruptive to our Sites or which could breach any agreement between us is prohibited. We reserve the right to terminate or suspend your access in whole or in part to the Sites for any conduct that we believe is harmful to us or our suppliers, vendors, service providers, or guests, or is in violation of any applicable law.
Any Services available through the Sites are subject to change without notice. We reserve the right to modify the Sites and Services, at any time. This includes the right to modify, discontinue or remove any content, postings, links, pages, Services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension or discontinuance of any Sites, Services, or content.
The Sites and Services are not directed at children under the age of 13 and we do not knowingly collect personal information from children under 13. If you are under the age of 13, do not use the Sites or provide any personal information to us. If we receive actual knowledge we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information and not use or disclose that information except as required by law. If you believe we may have any information about a child under 13, please contact us at firstname.lastname@example.org and use “COPPA Information Request” in the subject line of your communication.
9. Employment Opportunities
The positions listed on the Sites may include employment opportunities with locations owned and operated by our franchisees, as well as locations owned and operated by Paciugo. The positions and franchise locations may be subject to different terms and conditions including but not limited to benefits, employment policies, etc. We accept no responsibility or liability with respect to the terms and conditions of employment with a franchised restaurant. Any postings on the Sites do not represent an offer of employment. Any employment offer must be made by an authorized representative of Paciugo, for company-operated locations, or a Paciugo® franchisee, for franchised locations.
10. Franchise Opportunities
Some materials on the Sites describe Paciugo’s franchise program. They do not constitute an offer or sale of a franchise. Such offering is only commenced by delivering you a prospectus in compliance with applicable law, including, without limitation, the Federal Trade Commission’s guidelines on franchising and various state laws regulating the sale of franchise opportunities.
11. No Waiver
13. Governing law, Indemnification, Limit on Liability
14. Dispute Resolution
This section effects legal rights that you may have. It requires binding arbitration of most disputes instead of litigation in court and includes CLASS ACTION and JURY TRIAL WAIVERS.
Notwithstanding the previous paragraph, we and you may bring suit in a federal or state court to enjoin infringement or other misuse of intellectual property rights. In addition, we and you may seek relief in small claims court for disputes within the court’s jurisdiction. Any such claim that is not subject to this arbitration clause will be subject to the exclusive jurisdiction of the state courts of Dallas County, Texas and the U.S. District Court for the Northern District of Texas.
BOTH WE AND YOU WAIVE ALL RIGHTS TO ARBITRATION OF DISPUTES AS A CLASS ACTION OR IN A REPRESENTATIVE CAPACITY. WE AND YOU FURTHER AGREE THAT DISPUTES MAY NOT BE AGGREGATED OR CONSOLIDATED, UNLESS WE AND YOU OTHERWISE AGREE IN WRITING. TO THE FULLEST EXTENT PERMITTED BY LAW, ARBITRATION OF ALL DISPUTES SHALL PROCEED ON AN INDIVIDUAL BASIS. BY AGREEING TO THIS ARBITRATION CLAUSE, YOU ARE ALSO WAIVING YOUR RIGHT TO A TRIAL BY JURY.
This arbitration clause does not amend or modify any rights or obligations under any franchise agreement, development agent agreement, or any other contract that you might have with us. Any dispute arising from or related to those agreements are governed by the dispute resolution provisions of those agreements.
15. No agency relationships
The franchisees of Paciugo Franchise International, LLC have no agency relationship with Paciugo Franchise International, LLC. Each entity acts independently of one another.
16. Text Messaging (“SMS”)
SMS offers are only accessible on smartphone devices and we may change the SMS offer without notice. If you have opted in to receive text messages, we do not charge you for the text message. Standard messaging and data rates will apply to each text message you receive as provided by your wireless carrier. We do not require you to agree to receive text messages as a condition of making any purchase. If you have agreed to receive text messages from us, you have agreed to receive marketing messages from us on your mobile device. Factors beyond the control of the participating carriers may interfere with text message delivery for which the carrier is not responsible. We and your wireless carrier do not guarantee that text messages will be delivered. To opt out of receiving text messages from us reply to our text with STOP or contact us using the information below. If you opt out, you will receive 1 final text message confirming your decision to unsubscribe. These terms do not apply to any text marketing programs offered by our franchisees which are independently responsible for their legal compliance.
17. Contact Information
Paicugo Gelato Caffè
1215 Viceroy Drive
Dallas, Texas 75247