Terms of use. Last Revised: February 10th, 2021
PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE. By accessing, browsing, downloading,registering, and/or using the services posted on the web site, mobile application, and all content, data, and information contained therein(collectively “Sites”), and your purchase of any products or services from the Sites, you are deemed to have agreed to be bound by the following terms. If you do not wish to be bound by these terms,please do not access, browse, or use the services. We may periodically update the terms, so please check them from time to time as your continued use of the site signifies your agreement to any changed terms.
LOYALTY PROGRAM & GIFT CARDS.
Loyalty Program & Digital Gift Cards – Pita Pita Inc. (“Pita Pita Inc”) has partnered with AppFront to provide and administer our digital loyalty program and service through our app, available at this Web site. Pita Pita Inc has also partnered with Valutec to provide and administer digital Gift Cards. As such, AppFront connects to portions of this Web site and provides the technology needed to provide these services for Pita Pita Inc customers.
Pita Pita Inc has partnered with Valutec to provide and administer physical Gift Cards.
Our digital and physical Gift Cards never expire, and we do not charge any fees. Actual cash loaded on a Gift Card is not redeemable or refundable for cash unless required by law. We are not responsible if your card is lost,stolen, destroyed or used without your permission. Cash equivalents, earned as a reward through purchases or through other promotions may be redeemed at participating Pita Pita restaurants for great food and beverages, but do not have any actual cash value, are not redeemable or refundable for cash, are not transferable, and maybe subject to expiration or termination without notice, in the discretion of either AppFront or Pita Pita Inc.
Pita Rewards service and Gift Cards are only valid at participating Pita Pita restaurants in the US and its Territories.
By participating in a loyalty or gift card offering, you additionally consent to Terms of Use and Privacy Policy of the entities providing and administering those services.
PURCHASES AND PAYMENTS. All prices for products on the Sites are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. All orders for any purchases are subject to Pita Pita’s acceptance.
All sales are final. Exchanges and refunds are not permitted.
Payments and related services within the Pita Pita Sites, including digital gifts,digital gift cards and digital stored value, are managed and provided by AppFront, and are subject to AppFront’s separate Terms of Use governing payments.
COPYRIGHT AND TRADEMARK. Unless otherwise noted, all materials on this site are protected as the copyrights, trade dress,trademarks and/or other intellectual properties owned or used by Pita Pita Inc and/or its affiliates or by other parties that have licensed their material to Pita Pita Inc.
Pita PIta Inc is a service mark owned and registered by Pita Pita Inc. The display of these marks and notices associated with these marks is not intended to be a comprehensive compilation of all of Pita Pita Inc proprietary ownership rights, and Pita Pita Inc may own or control other proprietary rights.
All rights not expressly granted are reserved.
PERSONAL USE. Your use of the materials included on this site is for informational purposes only. You agree you will not distribute, publish,transmit, modify, display or create derivative works from or exploit the contents of this site in any way. You agree to indemnify, defend and hold harmless Pita Pita Inc, as well as its parent company, affiliates, and subsidiaries, for any and all unauthorized uses you may make of any material on the site. You acknowledge the unauthorized use of the contents could cause irreparable harm to Pita Pita Inc and that in the event of an unauthorized use of Pita Pita Inc’s marks, Pita Pita Inc shall be entitled to an injunction in addition to any other remedies available at law or in equity.
LINKS. Some links on the site will allow you to connect with sites that are not under our control. Pita Pita Inc is providing these links only as a convenience. The appearance of a link does not imply an endorsement by Pita Pita Inc, nor is Pita Pita Inc responsible for the contents of any linked site. You access them at your own risk.
PRIVACY AND SECURITY. For an explanation of Pita Pita Inc’s practices and policies related to the collection, use and storage of our online guests’ information, please read our Privacy Policy, the terms of which are incorporated herein.
DISCLAIMER. ALL CONTENTS OF THE SITE ARE OFFERED ON AN”AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER EITHER EXPRESSED OR IMPLIED. Pita Pita Inc DOES NOT MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Pita Pita Inc does not guarantee the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or that defects will be corrected even if Pita Pita Inc is aware of them.
MINORS. YOU MUST BE AT LEAST 13 YEARS OLD TO USE PITA PIT’S WEBSITE. If you are under the age of 13, please talk with your parents about helping you find websites better suited for you.
MANDATORY DISPUTE RESOLUTION –Individual Arbitration; No Court Trial; No Jury; No Class Action.
Claims – Any legal or equitable dispute between you and Pita Pita Inc and/or its franchisees (“we” or “us”), whether arising under federal or state law,relating in any way to this Website, our loyalty program and its app, and/or our online ordering platform , that is capable of forming the basis of a legal Complaint in a court of law or equity, is a “Claim”.
Excepted and Covered Claims – Individual claims that can be brought and completely resolved in small claims court and/or claims related to the ownership of Pita Pita Inc intellectual property are “Excepted Claims”. All Claims, other than Expected Claims, are“Covered Claims.”
AAA as Arbitrator – You and Pita Pita Inc agree to mandatory, binding arbitration of Covered Claims by the American Arbitration Association (“AAA”). More information about the AAA can be found at www.adr.org. Arbitration must be filed with the AAA at www.adr.org/support or by such means as AAA makes available. All issues are for AAA to decide, except that disputes relating to the scope, application, and enforceability of these Mandatory Dispute Resolution Terms are for a Court to decide (if you and Pita Pita Inc cannot agree).
Related Court Proceedings – You and Pita Pita Inc agree to be subject to the personal jurisdiction of the courts of Idaho with respect to any Covered Claim. You and Pita Pita Inc submit to the jurisdiction of the federal and State courts in Las Angeles County, California to (i) enforce the terms of this Mandatory Dispute Resolution Agreement, (ii) to address disputes regarding the scope, application, and enforceability of these Mandatory Dispute Resolution Terms, (iii) for the appointment of a substitute arbitrator as needed, and (iv) to enter any award rendered by the arbitrator.
Rules to Apply – AAA will adjudicate the Covered Claims in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.
No Class Actions – You and Pita Pita Inc agree not to bring or participate in any class action regarding a Claim. You and we agree that AAA only has authorization to conduct arbitration of Covered Claims on an individual basis. You and we do not give AAA permission to arbitrate your Claim in conjunction with any Claim asserted by anyone else.
Substitute Arbitrator – In the event that AAA cannot or will not perform arbitration in accordance with the provisions of this Terms of Use,either (i) the parties may agree to another arbitrator or, if no such agreement is had, (ii) a court will appoint one according to the provision of the Federal Arbitration Act, 9 U.S. Code § 5.