Privacy

Terms of Use

YOU ACCEPT THESE TERMS

Please read this page carefully. This Legal Statement governs your use of www.eatphillysbest.com. By accessing, browsing or using the site, you agree to be bound by these “Terms of Use” and this “Agreement”.

CHANGES TO TERMS OF USE

We reserve the right to change these Terms of Use as necessary and without prior notice at any time. You understand that your use of the site constitutes your acceptance of and agreement to be bound by any such changes.

SITE USE

Individuals may use the Web Site only for lawful purposes. Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are prohibited from violating or attempting to violate the security of the Web Site including, without limitation: (a) accessing data not intended to such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”; or (d) sending unsolicited e-mail, including promotions and/or advertising of products and services. Violations of any system or network security may result in civil or criminal liability. Philly’s Best will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved with such violations.

Philly’s Best specifically prohibits, and all users agree not to use the Web Site, for any other use, including the following:

Providing any incomplete, false or inaccurate biographical information, which is not your own.
Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this Site.
Taking any action which imposes an unreasonable or disproportionately large load of this Web Site’s infrastructure.
If you have a password allowing access to a non-public area of this Web Site, disclosing or sharing your password with any third parties or using your password for any unauthorized purpose.
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Web Site.

COPYRIGHT AND TRADEMARK

Unless otherwise noted, all materials on this Web Site (including articles, text, photographs, images, illustrations, graphics, video material, audio material and software) are protected as copyrights, trade dress, trademarks and/or other intellectual properties owned by Philly Foods, Inc. and/or its subsidiaries and affiliates or by other parties that have licensed their material to Philly Foods, Inc. Additionally, the Web Site itself is protected by copyright as a collective work and/or compilation. Philly Foods, Inc. marks on this site represent some of the marks currently owned or controlled in the United States. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all Philly Foods, Inc. proprietary ownership rights, and Philly Foods, Inc. may not own or control other proprietary rights in one or more countries outside the United States. This Web Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Philly Foods, Inc. You may browse through the site and occasionally download a copy of materials appearing on the site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, not may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Web Site. You may not attempt to alter or modify the content posted on the Web Site. Except as expressly set forth in this paragraph, you may not copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the site itself.

LINKS TO OR FROM OTHER SITES

This site may contain links to or from other sites on the Internet that are owned and operated by third parties, the availability and content of which we have not reviewed or created and which we do not control. Your use of these sites is at your own risk.

DISCLAIMER AND RESTRICTION OF LIABILITY

Philly Foods, Inc. does not make any guarantees as to the accuracy of this Site. Philly Foods, Inc. reserves the right to make changes or corrections from time to time without notice or obligation. PHILLY FOODS, INC. DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND; ANY WARRANTY, EXPRESS OR IMPLIED, IS HEREBY EXCLUDED AND DISCLAIMED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. All materials are provided in this site “AS IS” and “WITH ALL FAULTS.” Some states do not allow limitations on implied warranties, so the above disclaimer may not apply to you.

IT IS UNDERSTOOD AND AGREED THAT PHILLY FOODS, INC. LIABILITY AND USER’S SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED THE AMOUNT THAT YOU (THE USER) PAID TO ACCESS THIS SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, INJURY OR DAMAGES RESULTING FROM USE OF THIS SITE, DAMAGE TO OR LOSS OF EQUIPMENT, ANY INTERRUPTIONS, DEFECTS, DELAYS, OMISSIONS, OR FAILURE OF TRANSMISSIONS, COMPUTER VIRUS, OR FAILURE TO CONNECT, EVEN IF THE COMPANY HAS BEEN NEGLIGENT OR ADVISED OT THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

PROMOTIONAL OFFERS

All promotional offers are for a limited time only and may be discontinued by Philly’s Best at any time. Promotional offers may only apply to orders placed at participation locations.

PRIVACY AND CHILDREN’S INFORMATION

Please see our privacy policy for more information about the steps we take to protect your privacy. This site is directed to adults at least eighteen years old, and when a user discloses personal information on www.eatphillysbest.com, the user is representing to us that he or she is an adult.

SEVERABILITY

If any clause or provision set forth in this Terms of Use agreement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provisions shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

CONTACT US

If you have any questions regarding our Terms of Use agreement, you can email us at yo@eatphillysbest.com.

You can telephone us at 1-949-206-9724, send us a fax at 1-949-206-9723, or you can write to us at Philly’s Best, 13805 Alton Parkway, Suite A, Irvine, CA 92618.