Terms of Use

Pizza Hut BOOK IT! Program Terms of Use

Your use of the Pizza Hut BOOK IT! Website or mobile application ("Site") are subject to these Terms of Use (“Terms”) and is a legally binding agreement between you and Pizza Hut, LLC (“Pizza Hut”). The use of the Site and its features are governed by these Terms. Pizza Hut reserves the right to revise the information, services and the resources contained in the Site from time to time, and make such changes without obligation to notify past, current or prospective users of the Site. By continuing to use or access the Site after changes have been made constitutes your acceptance of any new or amended Terms in full. If you disagree with these Terms or any part of these Terms, you must not use or access the Site. In no event shall Pizza Hut be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein.

 

THESE TERMS INCLUDE A DISPUTE RESOLUTION SECTION, INCLUDING AN ARBITRATION AGREEMENT, THAT REQUIRES THAT DISPUTES (WITH LIMITED EXCEPTION AS SET FORTH BELOW) BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. IF YOU WANT TO OPT-OUT OF THIS ARBITRATION AGREEMENT, THERE ARE SPECIFIC PROCEDURES SET FORTH BELOW THAT YOU MUST FOLLOW TO DO SO.

 THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

 

 

NO WARRANTY / LIMITATION ON LIABILITY
Pizza Hut strives to ensure that the information contained in the Site is accurate and reliable. However, mobile operating systems and the World Wide Web (or Web Site Host) are not infallible, and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to applicable law, Pizza Hut makes no representations about the reliability of the features of the Site, the BOOK IT! Content (defined below), third-party content, or any other Site feature. You acknowledge any reliance on such material and/or systems will be at your own risk. Pizza Hut makes no representations regarding the amount of time any BOOK IT! Content will be preserved.

 

Pizza Hut disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the Site, including without limitation the merchantability or fitness for any particular purpose. Pizza Hut is not liable or responsible for any damages or injuries caused by use of the Site (such as viruses, omissions or misstatements). THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARE MADE WITH RESPECT TO THE SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PIZZA HUT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, NOR SHALL PIZZA HUT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PIZZA HUT'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE'S RECORDS, PROGRAMS OR SERVICES. In no event shall Pizza Hut's total liability for all damages, losses and causes of action exceed five dollars (U.S. $5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM, ACTION OR PROCEEDING RELATED IN ANY WAY TO THE SITE OR THESE TERMS MUST BE PROVIDED WITHIN 1 YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.

 

SITE ACCESS

A. Pizza Hut hereby grants you permission to use the Site as set forth in these Terms, provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without Pizza Hut's prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. Pizza Hut reserves the right to withdraw or amend access, and any service or material provided on the Site, in its sole discretion with or without notice, including but not limited to restricting access to some parts of the Site, or the entire Site for any reason, including based on the program in which a user participates.

 

B. In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must Contact Us immediately of any breach of security or unauthorized use of your account. Although Pizza Hut will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Pizza Hut or others due to such unauthorized use.

 

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Pizza Hut servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. Notwithstanding the foregoing, Pizza Hut 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. Pizza Hut 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 Site, nor to use any communication systems provided by the Site for any commercial solicitation purposes.

 

COMMUNICATING WITH US
On certain areas of our Site, you may be given the ability to contact us by electronic mail, for example, to sign up for services such as e-mail notifications and messaging about our products and services, to register for a particular sweepstakes or contest, or to participate in our interactive forums, like chat rooms and message boards. The information you provide to us through the Site is governed by our Privacy Policy, which is expressly incorporated by reference.

 

These areas are designed to give teachers and parents the ability to contact us with questions or concerns. They are not intended for, and should not be used to, submit unsolicited ideas. It is Pizza Hut’s policy not to accept such unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or similar materials from outside parties. By using the Site you acknowledge and agree any materials, ideas or other communications you provide to us in any manner and for any reason will not be treated as confidential or proprietary. It is Pizza Hut’s policy not to accept, and to return, any unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other similar materials. Nevertheless, should you submit such materials, you understand you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.

 

PIZZA HUT PROPERTY
The Site contains many valuable trademarks owned and used by Pizza Hut LLC and its subsidiaries and affiliates throughout the world including the BOOK IT! program. These trademarks are used to distinguish Pizza Hut and BOOK IT!'s quality products and services. "Pizza Hut Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Pizza Hut uses in connection with its products and services. You may not remove or alter any Pizza Hut Trademarks, or co-brand your own products or material with Pizza Hut or the Pizza Hut BOOK IT! program Trademarks without Pizza Hut's prior express written permission. You acknowledge Pizza Hut's rights in Pizza Hut Trademarks and agree that any use of Pizza Hut Trademarks by you shall inure to Pizza Hut's sole benefit. You agree not to incorporate any Pizza Hut Trademarks into your marks, company names, internet addresses, domain names, or any other similar designations. The text, graphics and html code contained in the Site are the exclusive property of Pizza Hut ("BOOK IT! Content"). Pizza Hut's BOOK IT! Content is protected from reproduction and simulation under national and international laws and except where otherwise noted, is not to be copied, distributed, displayed, reproduced or transmitted in any form, by any means, without the prior express written permission of Pizza Hut.

 

Third-party content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights, is the property of the third parties that market or license that content, and is used by Pizza Hut subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law.

 

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Contact Us page and follow the instructions.

 

INDEMNIFICATION
You agree to indemnify and hold Pizza Hut, its parents, subsidiaries, officers, directors, employees, agents, licensors, suppliers, partners and Site contractors and each of their officers, employees and agents harmless from any claims, demands, damages and expenses, including reasonable attorneys' fees, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of the Site.

 

HYPERLINKS
This Site may link to sites not maintained by or related to the Pizza Hut BOOK IT! program. Hypertext links are provided as a service to users and are not sponsored by or affiliated with the Site or Pizza Hut. Pizza Hut has not reviewed the sites hyperlinked to or from the Site and is not responsible for the content of any other site. These links are to be accessed at the user's own risk. Pizza Hut makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyperlinked to or from the Site. Furthermore, Pizza Hut does not implicitly endorse third-party sites hyperlinked to or from the Site.

 

PRIVACY POLICY
Pizza Hut respects your right to privacy. You can view our Privacy Policy that, as referenced above, is expressly incorporated by reference.

 

DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER; JURY TRIAL WAIVER)

Please read this Dispute Resolution section carefully. It affects your legal rights. It provides for the resolution of most claims and disagreements between you and Pizza Hut through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration, or litigation to the fullest extent permitted by applicable law.

(a) Mandatory Informal Dispute Resolution Process

• There might be an occasion in which a Dispute (as defined below) arises between you and Pizza Hut. Should such a situation arise, Pizza Hut is committed to working with you to resolve the Dispute. Therefore, for any Dispute that arises between you and Pizza Hut, both parties agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding as set forth below.
• The informal Dispute resolution process requires that the party raising the Dispute send a personally signed, written notice to the other party, providing all of the following information: (i) name and contact information (address, telephone number, and email address); (ii) sufficient information to enable you or Pizza Hut to identify any account and transaction at issue; and (iii) a detailed description of (a) the nature and basis of the Dispute and any claims, and (b) the nature and basis of the relief sought, with a detailed calculation for it. You agree to send the foregoing notice to the following email address: phlegal@yum.com or via certified mail to: Pizza Hut Legal Department, 7100 Corporate Drive, Plano, Texas 75024. Our notice to you will be sent to you based on the most recent contact information that you have provided to us. The time period referenced below begins to run upon receipt of a completed written notice.
• You and Pizza Hut then agree to negotiate in good faith about the Dispute, including through an informal and individualized telephonic settlement conference between you and Pizza Hut if the party receiving the notice requests such a conference. If either party to the Dispute is represented by counsel, that party’s counsel may participate in this conference, but the party also must personally attend the conference. This process should lead to resolution of the Dispute, but if it is not resolved within 60 days after receipt of the completed notice detailed above (which period can be extended by agreement of the parties), you and Pizza Hut agree to the further Dispute resolution provisions below.
• This informal Dispute resolution process is a condition precedent and prerequisite to commencing arbitration or a proceeding in small claims court. The party initiating arbitration must include with a demand for arbitration a personally signed certification of compliance with the informal Dispute resolution process (if you initiate arbitration, then the certification must be signed by you and by your counsel, if you are represented; if we initiate arbitration, then the certification must be signed by a Pizza Hut representative and our counsel, if we are represented.)
• The parties agree that any relevant limitations period (including applicable statutes of limitations) and filing fee or other deadlines shall be tolled while the parties engage in this informal Dispute resolution process. If the sufficiency of a notice or compliance with this informal Dispute resolution process is at issue, it may be decided by a court of competent jurisdiction at either party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Notwithstanding the foregoing, either party retains the right to seek appropriate relief for non-compliance in arbitration.

(b) Arbitration Agreement

• Arbitration. Any Dispute between you and Pizza Hut that cannot be resolved informally as detailed above shall be resolved through individual arbitration. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY TO THE FULLEST EXTENT PERMITTED BY LAW.
• Notwithstanding the foregoing, either you or Pizza Hut may elect to have a Dispute heard in small claims court on an individual basis if the Dispute qualifies for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance and for a court of competent jurisdiction to otherwise decide.
• “Dispute” shall be interpreted broadly and include, but not be limited to any dispute or claim arising out of or relating to these Terms, your access to or participation in the Loyalty Program, or your relationship with Pizza Hut, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Dispute shall include, but not be limited to, (i) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (ii) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (iii) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (i) issues that are specifically reserved for a court in these Terms; (ii) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (iii) issues that relate to the arbitrability of any Dispute.
• These Terms constitute a transaction in interstate commerce and this arbitration provision shall be governed by the Federal Arbitration Act and federal arbitration law (not state arbitration law). The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the then-current Consumer Arbitration Rules of the American Arbitration Association (“AAA”) pursuant to its AAA Rules as modified by this arbitration agreement. You can obtain the AAA Rules from the AAA by visiting its website (https://adr.org/). If there is a conflict between this arbitration agreement and the AAA Rules, this arbitration agreement shall govern. You and we understand that the AAA made an administrative determination that this arbitration provision comports with the Consumer Due Process Protocols. That determination is final and you and we agree that neither a court nor an arbitrator shall have the authority to revisit it.
• If the AAA is unable or unwilling to administer a proceeding consistent with this arbitration agreement as written, the parties shall agree on a substitute arbitration organization that will do so. If the parties cannot agree, the parties shall mutually petition a court of competent jurisdiction to appoint an arbitration organization that will administer the arbitration consistent with this arbitration agreement.
• To begin an arbitration proceeding, after satisfying the informal process identified in the Mandatory Informal Dispute Resolution Process section above, you or we must (i) send a personally signed (by the initiating party and your or our counsel, if represented) demand for arbitration that complies with the AAA Rules and describes in detail (a) the nature and basis of the claims, and (b) the nature and basis of the relief sought, including a detailed calculation for it; (ii) send the personally signed certification of completion described in the Mandatory Informal Dispute Resolution Process section; and (iii) contact the AAA and follow the appropriate procedures to commence the arbitration. By signing the arbitration demand, counsel certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (i) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. Your demand for arbitration must be sent to Pizza Hut Legal Department, 7100 Corporate Drive, Plano, Texas 75024. Our demand for arbitration to you will be sent to you based on the most recent contact information that you have provided to us.
• You may choose to have the arbitration conducted by phone, video, in-person or through written submissions, except any Dispute over $25,000 shall have an in-person or video hearing. You and Pizza Hut reserve the right to request a hearing in any matter from the arbitrator. If you initiate arbitration, then you agree to personally appear at any in-person, video, or telephonic hearing (along with your counsel, if you are represented). If we initiate arbitration, then Pizza Hut agrees to have a representative appear at any in-person, video, or telephonic hearing (along with our counsel, if we are represented). If an in-person arbitration hearing is required, then it will be conducted at a location that is reasonably convenient to you or at another mutually agreed location. The arbitrator shall be located in reasonable proximity to you or the mutually agreed location if a hearing is required or requested consistent with the above.
• A single arbitrator will resolve the Dispute consistent with these Terms and according to applicable law and facts based upon the record and no other basis. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. If, after exhaustion of all appeals, any of these prohibitions on non- individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. An arbitrator must follow and enforce these Terms of Use as a court would. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.
• Payment of filing and other fees shall be governed by the AAA Rules unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); but if applicable arbitration rules or laws require Pizza Hut to pay a greater portion or all of such fees and costs in order for this arbitration provision to be enforceable, then Pizza Hut will have the right to elect to pay the fees and costs and proceed to arbitration. In addition, the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award.
• Additional Procedures for Mass Arbitrations. You and Pizza Hut agree that the following additional procedures shall apply to Mass Arbitrations (as defined below). If 25 or more similar Disputes (including yours) are asserted against Pizza Hut by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitrations”), you understand and agree that these additional procedures apply and that the resolution of your Dispute might be delayed or that it might ultimately proceed in court. If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
• STAGE ONE: Counsel for the claimants and counsel for Pizza Hut shall each select up to 50 claims (per side) (100 claims total) to proceed first in individual arbitration proceedings as part of a staged process. Each of these cases shall be assigned to a different arbitrator and proceed individually. The number of Disputes to be selected in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those Disputes until they are selected to proceed to individual arbitration proceedings as part of a staged process. After this initial set of proceedings, if counsel for the parties are unable to resolve the remaining Disputes at this time, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected Stage One, and Pizza Hut shall pay the mediator’s fee.
• STAGE TWO: If the parties are still unable to resolve the remaining Disputes at the conclusion of the mediation following Stage One, each side shall select 100 claims (per side) (200 claims total) to proceed as cases in individual arbitration proceedings as part of a second staged process. No more than 5 cases may be assigned to a single arbitrator to proceed individually. The number of Disputes to be selected in Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually in Stage Two). If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those Disputes. After this second set of staged proceedings, counsel for the parties shall engage in a second global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and Pizza Hut shall pay the mediator’s fee.
• Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms, including the other provisions of this Dispute Resolution section. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitrations, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
• The Additional Procedures for Mass Arbitrations provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitrations apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms, including the other provisions of this Dispute Resolution section.
• Future Changes to the Binding Arbitration Agreement. If we make any future changes to the arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice via certified mail to:

Pizza Hut Legal Department

7100 Corporate Drive

Plano, Texas 75024

Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Pizza Hut in accordance with this version of the arbitration agreement.

(c) Class Action Waiver

• You and Pizza Hut each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

(d) Jury Trial Waiver

• You and Pizza Hut waive any right to a jury trial to the fullest extent permitted by applicable law.

APPLICABLE LAW AND VENUE

Except with respect to the application of the Federal Arbitration Act and federal arbitration law as set forth above, these Terms and your access to or participation in the Services are governed by the laws of the state of Texas without regard to Texas conflict of laws rules. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration and cannot be brought in small claims court, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in the Northern District of Texas for purposes of any legal action arising out of or related to access to or participation in the Services or these Terms (including for any challenge to the enforceability of any of the provisions of the Terms) and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.

 

 

MISCELLANEOUS
These terms constitute the entire agreement between you and Pizza Hut and govern your use of the Pizza Hut Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Pizza Hut with respect to the Site and services. Both you and Pizza Hut acknowledge and agree that no partnership is formed, and neither you nor Pizza Hut has the power or the authority to obligate or bind the other.

 

The failure of Pizza Hut to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' original intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

 

Software that may be available in connection with the Site is subject to United States export controls. No software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.

 

The failure of Pizza Hut to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Pizza Hut, shall not be deemed a breach of this Agreement. If Pizza Hut fails to act with respect to your breach or anyone else's breach on any occasion, Pizza Hut is not waiving its right to act with respect to future or similar breaches.

 

The validity, interpretation and performance of these Terms shall be controlled and construed under the laws of the State of Texas. The parties agree that any claim or dispute one party has against the other party arising under or relating to these Terms (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved under the Dispute Resolution / Arbitration section of these Terms must be resolved exclusively by the state courts located in Dallas County, Texas, or the federal district courts located in the Northern District of Texas. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them. Some jurisdictions do not allow some of the provisions contained in these Terms, in which case one or more of such provisions may not apply to you.

 

The headings in this Agreement are for your convenience and reference. These headings do not limit or affect this Agreement.

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.

 

This Agreement constitutes a binding agreement between you and Pizza Hut, and is accepted by you upon your use of the Site. This Agreement constitutes the entire agreement between you and Pizza Hut regarding the use of the Site and the features therein.