Terms of Use

Terms Of Use

Effective date: October 1, 2022

Acceptance of Terms Of Use

These Terms of Use affect your rights and you should read them carefully. These Terms of Use govern your use of the content and functions available through the inthesaucebrands.com domain name and other websites and apps on which these terms reside or are linked from (collectively the "Sites") that are operated by In The Sauce Brands, Inc. ("Gambino’s Pizza"). By using, visiting, or browsing the Sites, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Sites. These Terms of Use are an ongoing contract between you and Gambino’s Pizza and apply to your use of the Gambino’s Pizza Sites.

Changes to Terms Of Use

Gambino’s Pizza reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of the Terms of Use will supersede all previous versions. Your use of the Gambino’s Pizza Sites after changes are made means that you agree to be bound by such changes.

Privacy and Personal Information

On certain areas of our Sites, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this Sites. View our Privacy Policy at www.inthesaucebrands.com/privacy.

Third-Party Content

These Terms of Use apply to all users of the Sites, including users who are also contributors of video content, information, and other materials or services on the Sites. The Sites may contain links to third-party sites that are not owned or controlled by Gambino’s Pizza. Gambino’s Pizza has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party platforms. In addition, Gambino’s Pizza will not and cannot censor or edit the content of any third-party site. By using the Sites, you expressly release Gambino’s Pizza from any and all liability arising from your use of any third-party sites. Accordingly, when you leave the Sites or submit information to a third-party platform accessible from the Sites, the terms and conditions and privacy policy of that other platform will apply.

Communications via Calls, SMS, and MMS Messages

By subscribing to marketing messages from 316-330-2824, you agree to receive recurring marketing SMS/MMS messages from Gambino’s Pizza. Message frequency varies. Message and Data Rates may apply. You also agree to the Privacy Policy available at www.inthesaucebrands.com/privacy. 

You can unsubscribe at any time from all messages from this numbers by sending STOP to 316-330-2824.

Site Access 

Gambino’s Pizza hereby grants you permission to use the Sites as set forth in these Terms of Use, provided that:

1. your use of the Sites as permitted is solely for your personal, noncommercial use;
2. you will not copy or distribute any part of the Sites, including content on the Sites provided by Gambino’s Pizza or its licensors, including  graphics, images, text, digitally downloadable files, trademarks, logos, product and program names, or slogans (“Gambino’s Pizza Content”), in any medium without Gambino’s Pizza prior written authorization;
3. you will not alter or modify any part of the Sites other than as may be reasonably necessary to use the Sites for its intended purpose;
4. you will not use any electronic communication feature of the Sites for an purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;
5. you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
6. you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (vii) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; and
7. you will otherwise comply with the terms and conditions of these Terms of Use.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Sites in a manner that sends more request messages to the Gambino’s Pizza servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Gambino’s Pizza grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Gambino’s Pizza reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Sites, nor to use the communication systems provided by the Sites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Sites with respect to their user submissions.

Limitations of Liability

THIS SITES (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION CONTAINED HEREON) IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITES OR ANY INFORMATION OR SOFTWARE THEREIN. IN NO EVENT SHALL GAMBINO’S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAMBINO’S PIZZA SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GAMBINO’S PIZZA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT GAMBINO’S PIZZA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF USER OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Gambino’s Pizza makes no representations about the reliability of the features of the Sites, the content, or any other feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Gambino’s Pizza makes no representations regarding the amount of time that any content will be preserved.

The Sites are controlled and offered by Gambino’s Pizza from its facilities in the United States of America. Gambino’s Pizza makes no representations that the Gambino’s Pizza Sites are appropriate or available for use in other locations. Those who access or use the Gambino’s Pizza Sites from other jurisdictions do so at their own volition and are responsible for compliance with local law. 

Indemnity

You agree to defend, indemnify and hold harmless Gambino’s Pizza, its parent corporations, affiliates officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

1. your use of and access to the Sites;
2. your violation of any term of these Terms of Use;
3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
4. any claim that one of your user submissions is offensive, defamatory, obscene or otherwise objectionable or caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Sites.

Ability to Accept Terms Of Use

You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Gambino’s Pizza Sites are not intended for children under 13. If you are under 13 years of age, then please do not use the Gambino’s Pizza Sites.

Miscellaneous

These Terms of Use will be governed by and construed in accordance with the internal laws of Kansas without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms of Use will be subject to the courts located in Sedgwick County, Kansas. These Terms of Use operate to the fullest extent permissible by law. If Gambino’s Pizza fails to act with respect to your breach or anyone else's breach on any occasion, Gambino’s Pizza is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and Gambino’s Pizza regarding the use of the Sites.