Province Cafeteria, Inc., doing business as Sam LaGrassa’s, is pleased to provide you with the products, services, content, tools and information on this web site. Your use of this web site is subject to the following Terms of Use ("Terms"). These terms are a binding contract between you and Sam LaGrassa’s.
By using or accessing this web site, you accept and agree to be bound by these terms. Your use of the web site is governed by the version of the Terms in effect on the date in which this web site is accessed by you. Sam LaGrassa’s may modify these Terms at any time and without prior notice. Your use of this web site signifies your acceptance of any changes terms.
1. Intellectual Property Policy
The materials and services provided for and depicted on this web site are protected by copyright, trademark and other intellectual property laws. All content on this site is the property of Sam LaGrassa’s.
2. Access and Interference
You agree not to:
a. Use any robot, spider, scraper or automatic device, process or means to access this web site for any purpose without Sam LaGrassa’s express written permission;
b. Take any action that imposes (in Sam LaGrassa’s sole discretion) an unreasonable or disproportionately large load on our infrastructure;
c. Implement any manual processes to monitor or copy content from this web site without the express written permission of Sam LaGrassa’s.
d. Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of this web site.
3. User Account Access
Access to user accounts is accomplished through the use of a Login Name and a Password, which you create. Your password should be kept in strict confidence to prevent unauthorized use. You are solely responsible for all activities that occur in connection with your Login Name and Password.
4. Privacy Policy
Sam LaGrassa’s is committed to safeguarding your privacy. To that end Sam LaGrassa’s adheres to strict consumer privacy guidelines. Sam LaGrassa’s will never sell, rent, loan or otherwise distribute any of your personal information to any third party without your prior expressed written consent.
5. Orders
Sam LaGrassa’s reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
6. Payments
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your Login Name and Password. In the event a check is returned or electronic payment is denied, Sam LaGrassa’s may impose a fee to cover the cost of any charges incurred. If you fail to pay any invoices or charges on account, when due, Sam LaGrassa’s may charge such amount directly to the credit card identified in your customer profile and Sam LaGrassa’s may suspend or terminate your access to Sam LaGrassa’s web site services. You shall be responsible and liable for any fees, including attorney’s fees and collection costs, that Sam LaGrassa’s may incur in its efforts to collect any unpaid balances from you. Your right to use the Sam LaGrassa’s on-line web site services is subject to limits established by Sam LaGrassa’s. If payment cannot be charged to your credit card or a payment is returned for any reason, including chargeback, Sam LaGrassa’s reserves the right to suspend or terminate your access to its on- line web site services and your customer account. Sam LaGrassa’s also reserves the right to establish a credit limit for your account.
7. Liability Limitations
IN NO EVENT SHALL SAM LAGRASSA’S BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SAM LAGRASSA’S WEB SITE, SERVICES, OR WEB SITE CONTENT; (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SAM LAGRASSA’S SITE; OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY COMPONENT OF THE SERVICES OR THE SAM LAGRASSA’S SITE.
8. Disclaimer of Warranty
THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE SAM LAGRASSA’S WEB SITE, INCLUDING THE SERVICES AND THE WEB SITE CONTENT, ARE PROVIDED TO USER ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. SAM LAGRASSA’S DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE WEB SITE, THE WEB SITE CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
9. Indemnification
As a condition of your use of this web site, you agree to indemnify and hold Sam LaGrassa’s from and against all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from your use of this web site, or from your violation of these Terms.
10. Severability
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
11. No Assignment
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by User, but may be so transferred, assigned or delegated by Sam LaGrassa’s.
12. Waiver
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construes as a continuing waiver not create an expectation of non-enforcement of that or any other provision or right.
13. Jurisdiction
This Agreement is made under and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any choice of law provisions. The parties hereby consent to the jurisdiction of the state and federal courts located in Suffolk County, Massachusetts.
