Anthonino’s Taverna, LLC

Welcome to Anthonino’s Taverna, LLC (“Anthonino’s” ) website. Anthonino’s is a full service restaurant with real time sit-down dining, arranged catering, curbside pickup, and delivery services. Its restaurant and catering services include a full liquor license with provision of alcoholic beverages. This Website, the Marketplace website, curbside pickup and delivery services do not include the provision of alcoholic beverages. This Website does not govern any portion of the agreement for provision of restaurant activities, which are controlled by You and Anthonino’s when you engage in sit-down dining activities at the Anthonino’s facility at 2225 Macklind, St. Louis Mo. 63110.

Use of Website Constitutes Agreement

By accessing or using the Anthonino’s website (the “Website”) or the electronically linked websites (collectively, the “Sites”) you agree to be bound by this Agreement and all of the terms required by the linked Sites which you use, or which are otherwise incorporated herein by reference. Each purchase by You will constitute a separate agreement, and if during the time between purchases, Anthonino’s or the Sites change any of the provisions of the Sites, you understand that the next purchase by you will be governed by the changed provisions then in effect. If you do not agree, you may not access or use the Sites or order, receive or use the ingredients or other products or services made available through the Sites.

Independent Contractors

Anthonino’s contracts with several other electronic services to provide on-line food delivery services to You. These providers include Microsoft, ChowNow, Square, MobileBytes, SinglePlatform, Resy, DoorDash, Google, and others, and such other providers may change from time to time. These providers are made available through embedded electronic links on our Website pages to their Sites. Each Site identifies the electronic provider who is operating the linked Site, and each such provider is a separate entity from Anthonino’s. You agree and understand that these other providers are contracted as independent contractors to Anthonino’s and have there own terms, privacy policies and disclosures. To the extent such terms and policies are made part of each contract You agree to such terms and to the uses and disclosures set forth in such other privacy policies.

Third Party Content

Anthonino’s may display content, advertisements and promotions from other entities through the Sites or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.

You

You represent that you are an adult with capacity to contract in Missouri and in the jurisdiction from which you are ordering or directing delivery of product or other contract performance, and that own or have the legal right to engage in the use of the Sites, and that unless otherwise stated you are contracting in your own behalf as a principal and assume all responsibility for the use, content, contractual liability which results from your access.. If you are using the Sites on behalf of another person (including any entity or non-entity), you represent and warrant that you are authorized to accept this Agreement as agent for such person and that such person is an adult resident of the continental United States acting under no disability or incapacity. Minors and incapacitated persons are not permitted to access this website and you agree to prevent any such access by minors and incapacitated persons who might secure access through You.

Changes to the Agreement

Anthonino’s, LLC reserves the right to change the provisions of this Agreement at any time and in our sole discretion. Since each use of the Sites constitutes a new contract, such changes will only control prospective new contracts. If we make changes to the Anthonino’s Website we will provide notice of such changes by posting the new provisions on the Website and updating the Revision Date shown in our Privacy Policy. Changes to the linked Sites will be controlled by announcements and postings as set forth on each individual entity’s Site, and not in the Anthonino’s Website, and you agree to be bound by such Site changes and exercise such diligence as you must to ascertain such changes. By continuing to access or use the Sites you confirm your acceptance of the changed provisions and all of the terms incorporated therein by reference.

Notices

You also consent to receive electronic communications from Anthonino’s by posting notices to the Sites. You agree that any notices, agreements, disclosures or other communications that we make in this manner will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

Sale Price; Effect of Advertising and Promotional Communications

The product price for all products you agree to purchase is set out in the menu portion of this Website or an accompanying pages. These product prices are fixed and are not amended or controlled by any other document, including other advertising or promotional communications which do not have a pricing code which you may use on the Sites. The word “Price” includes all sales and use tax, delivery and shipping charges, bank charges, credit/convenience charges, electronic transmission, telephone, ISP, data, and other service charges. The addition of such other charges to the product price is a matter which is solely controlled by the transaction between You and the linked Sites and does not involve Anthonino’s, and thus any disputes You may have over such additional charges must be resolved by You with such other linked service provider. You agree that Anthonino’s is entitled to enforce this agreement at the total price represented to Anthonino’s by its linked provider handling the purchase and billing. All prices are in US dollars.

Sales and Use Tax

All sales are subject to sales tax or use tax imposed by the jurisdiction in which the sales order is made, received or delivered. The linked Sites will determine which jurisdictional tax is imposed, the amount thereof, and you conclusively authorize such determination and agree to pay the amount so determined. In the event that a complaint is made that such tax was incorrectly determined or charged such complaint may only be asserted against the particular linked Site entity which made such determinations or billed such charges and you agree to hold harmless and indemnify Anthonino’s for any loss or expense, including attorney fees and expenses, incurred directly or indirectly as a result of such complaint.

Shipping, Delivery, and Product Acceptance

If shipping charges are added to the price of your order, such addition will be determined by the linked provider Site upon which your order is placed and by completion or your order, you conclusively authorize such determination and agree to pay the amount so determined. In the event that a complaint is made that the shipping charges are incorrect, such complaint may only be asserted against the particular linked Site entity which provided the determination and/or billing thereof and you agree to hold harmless and indemnify Anthonino’s for any loss or expense, including attorney fees and expenses, incurred directly or indirectly as a result of such complaint. This website authorizes delivery only to addresses within the continental United States (“CONUS”). Any orders for shipment or delivery of Product outside the CONUS must be contracted separately from use of this website.

Billing

Billing is not controlled by Anthonino’s but by one or more of the linked Sites. You agree to the provisions of each Site provision relating to such payment. In the event that a complaint is made that such billing is in violation of the US Fair Credit Billing Act, such complaint may only be asserted against the particular linked Site entity which provided the Billing and you agree to hold harmless and indemnify Anthonino’s for any loss or expense, including attorney fees and expenses, incurred directly or indirectly as a result of such complaint.

Payment

The means of payment are not controlled by Anthonino’s but by one or more of the linked Sites. You agree to the provisions of each Site provision relating to such payment. In the event that you fail to pay as agreed, in addition to all other remedies, you agree to pay such unpaid charges, together with the attorney fees and expenses of Anthonino’s and any other provider entitled to such payment seeking to enforce such duty to pay, whether suit is filed or not.

Credit

Anthonino’s does not extend credit by means of its Website for any contract resulting from use of the Sites. If credit is extended it is extended in accordance with the provisions of the linked Sites or by a separate agreement. You agree to the provisions of each Site provision relating to such payment. In the event that a complaint is made that such billing is in violation of the US Fair Credit Reporting Act, such complaint may only be asserted against the particular linked Site entity which provided the Billing and you agree to hold harmless and indemnify Anthonino’s for any loss or expense, including attorney fees and expenses, incurred directly or indirectly as a result of such complaint.

Delivery

If product must be delivered, it is your responsibility to correctly identify the physical delivery destination where the product is to be delivered. You understand that food is perishable. Anthonino’s represents that refrigerated products which are delivered as such will remain safe to consume for at least 1 hour after delivery. At your peril you authorize the deposit of the product to the destination address when no person is present to accept it at the time of delivery. Title to the product to you at the time of delivery deposit at the destination address unless sooner accepted. You assume all risk of damage, theft, adulteration, pilferage, degradation, spoilage, vandalism, or other loss to the product once title passes. Unless you provide notice in advance during your order process that acceptance of the order by only certain authorized persons or methods, which are agreed to by Anthonino’s or the Order Site, you warrant and represent that any person who accepts delivery at the destination address is authorized by you to do so. In the event that a complaint is made that the delivery was to the wrong address or untimely, or was not the product ordered, such complaint may only be asserted against the particular linked Site entity which provided the delivery and you agree to hold harmless and indemnify Anthonino’s for any loss or expense, including attorney fees and expenses, incurred directly or indirectly as a result of such complaint, unless Anthonino’s was at fault (separately from such provider). Anthonino’s disclaims any responsibility for the product once the product is accepted after delivery, and you agree that revocation of acceptance of food products is practically impossible due to the rapid possibility that such product may become unusable after delivery, and therefore may not be asserted as a defense to payment or rejection of the product.

Cancellation of Executory Contracts

If the linked Sites have stated terms which govern the effect of you cancelling any or part of a contract previously made, such Site terms control this matter. In the event that a complaint is made that the cancellation was permitted and that a refund is due you, such complaint may only be asserted against the particular linked Site entity which billed for the payment and you agree to hold harmless and indemnify Anthonino’s for any loss or expense, including attorney fees and expenses, incurred directly or indirectly as a result of such complaint, unless Anthonino’s was at fault (separately from such provider). In the event that there is no such cancellation policy, then Anthonino’s will allow and you agree that:

• if cancellation is prior to the preparation of any portion of the Order, that up to 90% of the price shall be refunded.
• if cancellation is after preparation of a portion of the Order, that, in the absolute discretion of Anthonino’s a proportionate refund not exceeding 50% of the price may be refunded, and no delivery of the product will be made.
• if cancellation is after complete preparation of the Order, no refund will be made and no delivery of the product will be made.

Contract Completion/Unavailable Product

The contract for an order using the Sites is not complete until Anthonino’s or the Site upon which the Order is placed confirms that the product is available for delivery on the requested date at the desired price. If no such confirmation is electronically received by you, it is your obligation to contact Anthonino’s and/or such Site until you receive such confirmation. If no such confirmation is provided within a reasonable time the Order is considered not accepted by Anthonino’s, there is not contract, and no complaint may be made by you.

Contact Information

Anthonino’s may be reached by email to: anthony@anthoninos.com and if available, by electronic portal provided on the Website. Anthonino’s may also be contacted by mail at Anthonino’s, 2225 Macklind, St. Louis Mo, 63110.

No Resale

You are not permitted to resell or otherwise transfer the Products for consideration.

License to Access and Use Our Sites and Content, and to Refrain from Infringing, Damaging, or Disparaging Our Trademarks, Copyrights, Trade Names, Trade Dress, Trade Secrets and other Intellectual Property

“Anthonino’s,” the Anthonino’s logo and any other Anthonino’s Product or service names, logos or slogans that may appear on the Sites or Products are trademarks of Anthonino’s and may not be copied, imitated or used, in whole or in part, without our prior written permission. Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the Anthonino’s logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Anthonino’s or our licensors or users, as applicable, and are protected by U.S. and international trademark, tradename, and copyright laws.

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, unassignable, license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited.

All other trademarks, registered trademarks, Product names and company names or logos mentioned on the linked Sites or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Anthonino’s. The linked Sites include additional separate licensing terms which govern use of and access to such software components.

You agree to abide by such limitations of use. You may not use any metatags or other “hidden text” utilizing “Anthonino’s” or any other name, trademark or Product or service name of Anthonino’s without our prior written permission. In addition, the look and feel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the copyright, service mark, trademark or trade dress of Anthonino’s and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use a Anthonino’s logo or other proprietary graphic of Anthonino’s to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Anthonino’s trademark, logo or other proprietary information, including the images found on the Sites or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent.

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites, and more specifically that You will not:

• Engage in any harassing, threatening, intimidating, violent, hateful, predatory or stalking conduct; or
• Use or attempt to use another user’s account without authorization from such user and Anthonino’s; or
• Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner; or
• Reverse engineer, disassemble, deconstruct, decompile, decrypt, hack, emulate, or exploit any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites; or
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access; or
• Pirate, steal, or appropriate any software, trade secret, program, algorithm, formula, or other intellectual property; or
• Develop any third party applications that interact with User Content or the Sites without our prior written consent; or
• Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; or
• Engage in phishing, spamming, or misidentify yourself ; or
• Bypass or ignore instructions contained in the file that controls all automated access to the Sites; or
• Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms; or
• Disparage Anthonino’s, its employees or contractors, or employ the Sites to engage in competition with Anthonino’s.

You further agree not to create, post, share, distribute, multiply, or store any content directly or indirectly relating to Anthonino’s or is or connected with the Sites, that :

• is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• impersonates, or misrepresents your affiliation with, any person or entity;
• references or depicts Anthonino’s or our Products but fails to disclose your material connection to us, if you have one (for example, if you are a Anthonino’s employee or paid blogger);
• contains any unsolicited promotions, political campaigning, advertising or solicitations;
• contains any private or personal information of a third party without such third party’s consent;
• advocates irresponsible or illegal use of alcohol or other mind-altering substances, including use by minors;
• contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Products, or that may expose Anthonino’s or others to any harm or liability of any type.

Any breach of such agreement will automatically terminate the license granted herein without notice, authorize the grant of relief for violation of any applicable laws (statutes, regulations and rules), including, without limitation, laws pertaining to copyright, trademark, other intellectual property, and electronic communications. The remedies authorized in this paragraph are cumulative to other remedies you authorize in this Agreement and not limited to this paragraph. This license is revocable at any time.

Termination of Access and License

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. All claims by Anthonino’s against You which are not resolved at the time of such termination will survive the termination of your right of access and license.

Rights in User Content

Although we have no obligation to screen, edit or monitor User Content (which includes Feedback), we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.

We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Sites or to our pages or feeds on third party social media platforms (e.g., Anthonino’s’s Facebook page, Instagram page or Twitter feed), you hereby grant Anthonino’s a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.

By uploading, posting or submitting User Content to Anthonino’s through the Sites or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, © you authorize Anthonino’s to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Anthonino’s, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, “Anthonino’s Parties”), from and against all actual or alleged Anthonino’s or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Sites, Content or Products by you or any third party you authorize to access or use such Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, © any Feedback you provide, (d) your violation of these Terms, and (e) your violation of the rights of another. You agree to promptly notify Anthonino’s of any third party Claims, cooperate with the Anthonino’s in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the Anthonino’s Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Anthonino’s.

Disclaimers and Food Safety; Limitation of Liability

You are responsible for inspecting all Products you receive from us for any product identity, damage, defrosting, indications of decomposition, odor, color, decay, fitness for consumption, seal integrity, weight, size, volume, quantity, or other issues upon delivery. If you believe that the Product is not suitable for consumption, contact Anthonino’s and do not allow the product to be consumed. We will advise you whether to discard the item or preserve it for further analysis. Failure to promptly notify Anthonino’s of any such defect constitutes a complete waiver of any claim for breach of contract or tortious damage thereafter.

Our sauces are vacuum packed and until opened do not require refrigeration.

Otherwise, unless you intend to immediately intend to consume a refrigerated product, you should refrigerate it upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety and handling. Cooking instructions, where appropriate are included with the product packaging.. Failure to follow these procedures will increase the risk of foodborne illness, which may affect pregnant women, young children, elderly, and individuals with compromised immune systems more severely than others.

Anthonino’s is not a food manufacturer. Anthonino’s labels all products with the types of ingredients. You are solely responsible for knowing about any food allergies you may have and verifying the products and their contents before handling, preparing, using or consuming such products . You understand, acknowledge and agree that our products may contain common allergens such as milk, wheat, egg, soy, fish, shellfish, gluten, peanuts and tree nuts. You are solely responsible for, and assume all risks related to, the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the products you receive from us.

We do not guarantee the accuracy of nutritional labeling.

EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

ANTHONINO’S DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM.

The Anthonino’s Parties shall NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or use of the sites or content (including, but not limited to, user content, third party content and links to third party sites), or the order, receipt or use of any product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any Anthonino’s Party, or from events beyond their reasonable control, such as site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the anthonino’s parties’ records, programs or systems), regardless of the form of action, whether based in contract, statute, tort (including, but not limited to, strict liability; active, passive or imputed negligence,) or any other legal or equitable theory, and regardless of whether such damages were foreseeable.

The MAXIMUM AGGREGATE LIABILITY of the Anthonino’s Parties (jointly) arising out of or in any way related to the order, receipt or use of products purchased from the Anthonino’s Market may NOT EXCEED THE AMOUNT PAID for such products. The foregoing limitation shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute the Anthonino’s Parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory.

Release

YOU, On behalf of your heirs, executors, administrators, legal and personal representatives, hereby RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE ANTHONINO’S PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH ANTHONINO’S PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.

The limitations set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by products you purchase from us, or for our fraud, gross negligence, or intentional, willful, malicious or reckless misconduct.

Dispute Resolution, JURY WAIVER; No Class Action; Choice of Law, Venue, LIMITATION OF Action

You agree that:

ANY AND ALL DISPUTES WHICH MAY ARISE BETWEEN YOU AND ANTHONINO’S SHALL BE RESOLVED BY A COURT-TRIED CASE IN WHICH YOU WAIVE YOUR STATUTORY AND COMMON LAW RIGHTS TO A JURY TRIAL. THIS JURY WAIVER APPLIES TO FEDERALLY BASED CLAIMS WHICH COULD BE TRIED IN A FEDERAL COURT AND IN WHICH A STATUTE EXPRESSLY PROVIDES A COMPLAINANT THE RIGHT TO A JURY TRIAL, AS WELL AS TO STATE BASED CLAIMS WHETHER ORIGINATING FROM A STATUTORY RIGHT OR OTHERWISE; and

The intellectual property rights and good will of Anthonino’s creates unique property rights incapable of measurement in monetary damages, and therefore, in cases where such property is placed at risk by You, injunctive, and other equitable relief may be the only remedy available; and

Any Dispute is a unique and personal matter between you and Anthonino’s and that such Dispute will be resolved solely through individual litigation and will not be brought as a class action or any other type of representative proceeding. You and Anthonino’s agree that there will be no action in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals; and

The substantive law of Missouri shall control all issues and disputes regardless of any choice of law or conflicts of law rules in effect in the forum of litigation.; and

The venue of the County of St. Louis, State of Missouri is the only venue in which a claim may be filed and litigated, and that no change of venue may occur therefrom except for “cause”; and

ANY CLAIM FOR TORTIOUS PERSONAL INJURY BY EITHER PARTY MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE FIRST MANIFESTATION OF INJURY ARISING FROM THE CONDUCT SOUGHT TO BE ACTIONABLE.

Severability

If any provision of this Agreement is held unenforceable, and provided the Court does not find that the remaining provisions of the Agreement do not sufficiently reflect the intentions of the parties to support a contract, it is the parties intention that such remaining terms be enforced as their Agreement, as amended by the deletion of the unenforceable portion.

Waiver Not Implied

No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Anthonino’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

No Third Party Beneficiary

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.