Terms & Conditions

Last Updated: June 21, 2024

Welcome to our Site. All Sites, including but not limited to the sites bernatellos.com and shopbernatellospizza.com (each, a “Site”), linking to these Terms of Use (“Terms of Use”) are owned and/or operated by Bernatello’s Pizza, Inc. and/or its affiliates (collectively, “Company”). These Terms of Use contain the terms, covenants, conditions, and provisions upon which you may access and use the Site that you are on or accessing and the content displayed thereon (“Content”), as well as the terms and conditions that govern the sale or provision of products and/or services you order from Company. Certain services, promotions and features may have additional terms and conditions, and those additional terms and conditions are incorporated herein by reference.

These Terms of Use apply to any Company mobile application or Company content on third-party Sites or social media services (e.g., a Company Facebook®, Instagram®, TikTok® page, channel or other social media platform) that reference these Terms of Use. In such instances, the term “Site”, as used herein, shall include the applicable mobile application, platform or Company content.

By visiting the Site, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions, and to the Privacy Policy, which is incorporated herein by reference. Any products ordered or services used through the Site are also governed by these Terms of Use. Company reserves the right to revise these Terms of Use from time to time by posting a revised version. YOUR CONTINUED USE OF THE SITE NOW AND AFTER COMPANY POSTS ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS OF USE IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU. If you do not agree to these Terms of Use, you shall neither access nor use this Site. If you register with this Site, the user agreement you enter into as part of that registration process, if any, rather than these Terms of Use, will govern your use of this Site, otherwise these Terms of Use govern.

NOTE: THIS TERMS OF USE CONTAINS AN ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS TERMS OF USE AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND COMPANY OR ITS AFFILIATES.

1. YOUR USE OF THE SITE

When using the Site to order goods or services you agree to provide Company with a current email address and accurate name and address information and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Except as expressly authorized hereunder, the Site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without Company’s prior written authorization. Company reserves the right to alter or discontinue the Site, in whole or in part, at any time in its sole discretion.

Subject to and conditioned upon your compliance with these Terms of Use, Company grants to you a non-exclusive, non-transferable, revocable, limited right and license, without right of sublicense, to access and use the Site, solely for personal and non-commercial use, and on an occasional and irregular basis, copy, print, download and use portions of the Content (images, text, graphics, sounds, data, links) on the Site solely for personal and non-commercial use, and to store such Content only to the extent reasonably needed for such purposes. Except as expressly authorized by these Terms of Use or Company prior written consent, you may not a) obscure, alter, remove or delete any copyright or other proprietary notices or disclosures contained in the Content, b) modify, create derivatives of, export, repackage, disseminate, broadcast, reproduce, license, transfer, sell or re-sell (directly or indirectly), mirror, frame, “deep link”, “scrape” or data mine any information or Contant obtained from or through the Site, c) use the Site or any Content therein to develop, improve, train or retrain any software program or database, including, but not limited to, for any artificial intelligence, machine learning or natural language processing software, algorithm, methodology and/or model, d) access or use the Site for any purpose by means of any automated program, expert system, electronic agent “bot,” “spider” or similar tool, or e) post any Content from the Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites. While using the Site or any of Company’s services, you agree to not:

Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
Restrict or inhibit any other user from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
Violate any applicable laws or regulations;
Upload to, transmit through, or display on the Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by Company);
Engage in spamming;
Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the Site;
Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site.
Display pornographic material or inappropriate child nudity.
Upload photographs of people who have not given permission for their photographs to be uploaded.
Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence.

If you fail to comply with the above rules, such failure will constitute a violation of these Terms of Use, and in addition to any other rights or remedies Company may have, Company may immediately terminate your access to and use of the Site.

Some features of the Site may enable you to send and receive transmissions. You acknowledge that Company has no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. Company reserve the right, in its sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through the Site and/or the amount of storage space available for transmissions or for any feature made available through the Site.

2. MAKING PURCHASES

If you wish to purchase any products or services through the Site, Company will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in the Privacy Policy. All information that you provide to Company or its third-party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to Company acceptance of any order.

Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and Company current prices can be found on the Site. Company makes reasonable efforts to accurately display the attributes of products; however, the actual features you see will depend on your computer system, and Company cannot guarantee that your computer will accurately display such products. The inclusion of any products or services on Company’s Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

Title and risk of loss for any purchases pass to you upon delivery to Company’s carrier. Company reserves the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

3. THIRD-PARTY SITES, SOFTWARE AND SERVICES

A Site may direct you to sites, software or services owned or operated by third parties (“Third Party Properties”). Company has not reviewed all of the Third Party Properties to which you may be directed and Company has no control over such Third Party Properties. Company has no control over and is not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that a Site directs you to such Third Party Properties does not indicate any approval or endorsement of any such Third Party Properties. Company directs you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable fees and charges (and subject to the terms and conditions of the Third Party Properties). Accordingly, Company strongly encourages you to become familiar with the terms of use and practices of any such Third Party Properties.

Other sites may provide links to Company Site with or without Company authorization. Company does not endorse such sites, and is not and will not be responsible or liable for any links from those sites to Company Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY PROPERTIES, SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES. Company and its directors, officers, employees, agents, representatives, licensors and suppliers (together, the “Company Parties”) expressly disclaim any responsibility for these Third Party Properties, including, without limitation, for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these Third Party Properties. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.

Company has the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

4. SUBMISSIONS

Company welcomes your feedback and suggestions, including about how to improve this Site or Company products. Company and/or its service providers may make available through the Site certain services to which you are able to post comments, information and/or feedback (for example, message boards, blogs, chat features, messaging and/or comment functionalities) and to upload any photos or videos. Any ideas, suggestions, information, feedback, know-how, photos, videos, material, and any other content (collectively, “Submissions”) posted and/or received through this Site, will be deemed to include a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, nonexclusive, transferable and fully sublicensable (through multiple tiers) right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive (a) any claim to the contrary; and (b) any “moral rights” associated with your Submissions. You represent and warrant that you have all rights necessary for you to grant the foregoing license, and that each Submission you provide to the Site complies with all applicable laws, rules and regulations. You are and remain responsible and liable for the content of any Submission. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT POST, TRANSMIT OR OTHERWISE MAKE ANY SUBMISSION. ANY SUBMISSIONS MADE ARE DONE SO AT YOUR OWN RISK. Please note, Company does not control any of the user-submitted Submissions, the Submissions do not reflect the opinion of Company, and Company does not guarantee their accuracy or endorse any of the opinions expressed. The Company Parties are not responsible or liable for (i) any Submissions, including, without limitation, any errors or omissions in such Submissions, links or images embedded therein, or results obtained by using any of the same; or (ii) any loss or damage caused by the Submissions or resulting from the use (including without limitation republication) or misuse thereof by any third party, including your reliance thereon. You represent and warrant that you own or otherwise possess all necessary rights with respect to the Submissions, and that the Submissions do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property or proprietary right of any third party, and that the Submissions are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable. You have no privacy interests or expectation of privacy in any Submissions, and Company may use such Submissions without limitation.

5. INDEMNIFICATION

You agree to indemnify and hold harmless Company, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of the Site or any breach by you of these Terms of Use.

6. COPYRIGHT MATTERS

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site or products produced therefrom infringes your copyright, you (or your agent) may send to Company a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding the Site should be sent to (Company suggest that you consult your legal advisor before filing a notice or counter-notice):

Bernatello’s Pizza, Inc.,
Attn: Copyright Notice
200 Congress St W
Maple Lake, MN 55358

Phone: 1-800-622-6935
E-mail: [email protected]

7. DISCLAIMER OF WARRANTIES

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, COMPANY PRODUCTS AND SERVICES, INCLUDING ALL CONTENT INCORPORATED THEREIN OR PRODUCED THEREBY, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY AND ITS DIRECTORS, OFFICERS, MEMBERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS OF USE.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER THE COMPANY PARTIES NOR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE “BERNATELLO’S PIZZA, INC. PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE BERNATELLO’S PIZZA, INC. PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE BERNATELLO’S PIZZA, INC. PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY OR DAMAGES FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE BERNATELLO’S PIZZA, INC. PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE BERNATELLO’S PIZZA, INC. PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO ITS PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

YOU MUST USE ALL REASONABLE EFFORTS TO MITIGATE ANY LOSS OR DAMAGE WHATSOEVER (AND HOWSOEVER ARISING) AND NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO RELIEVE OR ABROGATE YOU OF ANY SUCH DUTY TO MITIGATE ANY LOSS OR DAMAGE.

9. INTELLECTUAL PROPERTY RIGHTS

The Sites and all Content therein, unless otherwise indicated, are protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The Site, its Content, layout and design are the exclusive property of Company or its licensors and, except as expressly provided herein, Company does not grant any express or implied right in any such Content to you. Notwithstanding anything to the contrary in these Terms of Use, including with respect to any rights expressly provided to you herein, you may not use scraping tools or other computer automation to copy or extract any Content contained on this Site for any purpose. Company owns the copyright in the Site as a collective work and/or compilation, any and all databases accessible on the Site, and in the selection, coordination, arrangement, and enhancement of the Content on the Site. Bernatello’s and all other names, logos, and icons identifying Company and/or Company products and services are proprietary marks of Company or its licensors. Third-party trademarks displayed on the Site are the property of their respective owners.

10. JURISDICTIONAL ISSUES

The Site is controlled and operated from the United States. The Site is not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

11. MISCELLANEOUS

These Terms of Use are governed by and construed in accordance with the laws of the State Minnesota, United States of America, without regards to its conflict of law provisions and without regard to the U.N. Convention on Contracts for the International Sale of Goods. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Wright County, Minnesota, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms of Use, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to b e invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms of Use, and the remainder of these Terms of Use and such provisions as applied to other persons, places and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms of Use may not be modified or amended except as set forth in the introductory section of these Terms of Use. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms of Use, please contact [email protected]

Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Company of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. Any rights not expressly granted herein are reserved.

Please see Company Privacy Policy available at www.bernatellos.com for a summary of Company personal data collection and use practices with respect to the Site.

12. TERM AND TERMINATION

These Terms of Use will take effect when you first commence using the Site. Company reserves the right at any time and for any reason to deny you access to the Site or any portion thereof. Termination will be effective without notice.

13. ARBITRATION AGREEMENT

THIS PARAGRAPH CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE THE RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW CAREFULLY. Company is reachable via the contact information at the end of these Terms to address any concerns you may have regarding your use of the Sites. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to you initiating a lawsuit or arbitration against Company. Any matter or dispute relating in any way to your use of the Sites or these Terms of Use, which is not so resolved shall be submitted to binding confidential arbitration as provided below. Any dispute, controversy or claim arising out of or relating to these Terms of Use, including any disputes relating to the Content on Site, whether in contract, tort, statute or otherwise, shall be finally resolved by arbitration if not settled after pre-dispute consultation as described above, and subject to Company right to seek injunctive relief in court as provided below. Any claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”), except in the event that five (5) or more individuals seek to initiate (or do initiate) arbitration proceedings against Company in a coordinated or related manner (e.g., coordination among plaintiffs or their counsel in regard to similar claims), then Company may elect in its discretion to consolidate such arbitrations before a single arbitrator and otherwise in accordance with the arbitration provisions herein. The parties expressly waive any ability to maintain any Class Action in any forum. The arbitration shall be conducted by one arbitrator in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be in Maple Lake, MN. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. Notwithstanding the foregoing, if you bring a claim subject to arbitration, Company, if so requested by you, will pay the cost of fees and deposits imposed upon you by the American Arbitration Association or other arbitrator to the extent that such cost exceeds the amount you would have had to pay as filing fees and initial court costs if you had filed suit in a court of competent jurisdiction. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in Wisconsin for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, Company may seek preliminary injunctive relief from a court of law (exclusively in the state and federal courts of Wisconsin) in the event of a breach by you of these Terms of Use. You consent to such jurisdiction, and waive any objection to the laying of venue of any such suit, action or proceeding in the state and federal courts of Wisconsin. You expressly waive your right to a trial by jury.

14. CONTACT

If you would like to contact Company regarding these Terms of Use or the Privacy Policy, please contact:

Bernatello’s Pizza
200 Congress St W
Maple Lake, MN 55358

Phone: 1-800-622-6935
E-mail: [email protected]

If you choose to contact Company via e-mail regarding these Terms of Use or the Privacy Policy, respectively, please mark the subject heading of your e-mail “Terms of Use Inquiry” or “Privacy Inquiry.”