Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at pizzasmod.rest (the "Site") or any services offered by Mod Pizza ("Company," "we," "us," or "our"). By accessing or using our Site and services, you agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must not access or use our Site or services.

1. Acceptance of Terms

By accessing, browsing, or using the Site at pizzasmod.rest, placing an order, creating an account, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Mod Pizza.

You represent and warrant that you are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), that you have obtained verifiable parental or guardian consent to use this Site. Individuals under the age of thirteen (13) are strictly prohibited from using this Site or our services without direct parental supervision and consent.

If you are accessing or using the Site on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the legal authority to bind such entity to these Terms, and in such case, "you" and "your" shall refer to both you individually and such entity.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically.

2. Description of Services

Mod Pizza operates as a food service business providing customers with the ability to browse our menu, place online food orders, schedule pickups or deliveries, and engage with our brand through our website located at pizzasmod.rest. Our services include, but are not limited to, the following:

• Online Ordering: Customers may place orders for pizza and other food and beverage items through our Site for pickup or delivery, subject to availability and geographic limitations.
• Menu Browsing: Users may browse our current menu offerings, nutritional information, pricing, and promotional items.
• Account Services: Users may create and manage personal accounts to store preferences, order history, and contact information.
• Loyalty and Promotional Programs: We may offer loyalty rewards, promotional codes, coupons, and special offers from time to time, subject to separate terms and conditions applicable to each program.
• Customer Support: We offer customer support via email at [email protected] to assist with order inquiries, complaints, and general questions.
• Catering and Group Orders: We may offer catering services and group ordering functionality, which may be subject to additional terms disclosed at the time of such service engagement.

We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict access to any portion or all of our services at any time, with or without notice, and without liability to you or any third party. We make no guarantee that any particular service, feature, or content will remain available on a continuous or uninterrupted basis.

Our food products are subject to availability and may vary by location. Menu items, pricing, and ingredients are subject to change without prior notice. We strive to provide accurate information regarding allergens and nutritional content; however, we cannot guarantee the absence of any particular allergen from our food preparation environment. Customers with severe food allergies are advised to contact us directly at [email protected] before placing an order.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Site and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security of your account credentials and promptly notify us of any unauthorized access or suspected breach of your account;
• Use the Site and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations while using our Site and services;
• Treat our staff, agents, and representatives with courtesy and respect during all interactions;
• Accept responsibility for all activities that occur under your account.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities while using our Site or services:

• Fraudulent Conduct: Using false, misleading, or inaccurate information to create an account, place an order, or obtain a refund, credit, or other benefit;
• Unauthorized Access: Attempting to access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;
• Scraping and Data Mining: Using automated tools, bots, scrapers, spiders, or similar technologies to access, collect, or copy data from the Site without our express written consent;
• Interference: Attempting to disrupt, damage, or interfere with the proper functioning of the Site, servers, or networks connected to the Site, including but not limited to denial-of-service attacks;
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software underlying our Site;
• Intellectual Property Infringement: Copying, reproducing, distributing, publicly performing, publicly displaying, or creating derivative works based on our content, trademarks, or other intellectual property without express written permission;
• Impersonation: Impersonating any person or entity, including our employees, representatives, or other users;
• Spam and Unsolicited Communications: Using our Site or contact information to send unsolicited communications or commercial messages;
• Harmful Content: Uploading, transmitting, or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
• Circumvention: Attempting to circumvent any technological measures we use to protect the Site or our services;
• Resale: Reselling or attempting to resell any products or services obtained through our Site without our prior written consent.

Any violation of these prohibited activities may result in immediate termination of your account, cancellation of pending orders, and may expose you to civil and/or criminal liability under applicable federal and state laws, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state computer crime statutes.

4. Intellectual Property Rights

All content available on or through the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the overall look and feel of the Site (collectively, the "Content"), is the exclusive property of Mod Pizza or its content suppliers and is protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

The Mod Pizza name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mod Pizza or its affiliates. You may not use such marks without the prior written permission of Mod Pizza. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for your personal, non-commercial use in connection with accessing our food ordering services. This license does not include the right to:

• Reproduce, distribute, or publicly display any Content;
• Modify or create derivative works from Content;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Download or copy account information for the benefit of any third party;
• Use our Content for any commercial purpose or for any public display, commercial or non-commercial, without express written permission.

Any unauthorized use of our intellectual property terminates the permission or license granted by us and may violate applicable copyright, trademark, and other laws, resulting in civil and/or criminal penalties.

5. Payment Terms and Pricing

When you place an order through our Site, you agree to pay the total amount due, which includes the price of the food items selected, applicable taxes, delivery fees (if any), service charges, and any other fees disclosed at the time of checkout.

5.1 Accepted Payment Methods

We accept various payment methods as indicated on the Site at the time of purchase, which may include major credit cards, debit cards, and other digital payment methods. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the full amount of your order to that payment method.

5.2 Pricing Accuracy

We make every effort to ensure that pricing displayed on the Site is accurate. However, errors may occur. In the event that an item is listed at an incorrect price due to a typographical error or other error in pricing information, we reserve the right to refuse or cancel any orders placed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged and we cancel your order, we will issue a credit or refund to your original payment method.

5.3 Taxes

Prices shown on our Site may not include applicable sales taxes. All applicable federal, state, and local taxes will be calculated and disclosed at the time of checkout. You are responsible for paying all applicable taxes associated with your purchase.

5.4 Refunds and Cancellations

All sales are generally final once an order has been confirmed. However, if you believe there is an error with your order or if there is a quality concern, please contact us promptly at [email protected]. We will evaluate each situation on a case-by-case basis and may, at our sole discretion, offer a refund, store credit, or replacement order. Refunds, if approved, will be processed to the original payment method within a commercially reasonable timeframe.

6. Disclaimers

THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOD PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Site will be available, uninterrupted, timely, secure, or error-free;
• The results that may be obtained from the use of the Site will be accurate or reliable;
• The quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations;
• Any errors in the Site will be corrected.

Any content downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.

No advice or information, whether oral or written, obtained by you from Mod Pizza or through or from the Site shall create any warranty not expressly stated in these Terms.

We also do not make any representations or warranties regarding the accuracy, reliability, or completeness of nutritional information, allergen disclosures, or ingredient lists provided on our Site. Customers with dietary restrictions or food allergies should exercise caution and contact us directly before placing an order.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00 USD), OR (B) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO THE LIABILITY.

The limitations of liability set forth in this section shall apply regardless of the form of the action, whether based in contract, tort (including negligence), strict liability, or any other legal or equitable theory, and regardless of whether Mod Pizza has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you in full. In such cases, our liability shall be limited to the maximum extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza, its officers, directors, employees, agents, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use or misuse of the Site or our services;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your infringement or misappropriation of any third party's intellectual property or other proprietary rights;
• Any content you submit, post, transmit, or make available through the Site;
• Your violation of any rights of another person or entity, including but not limited to privacy rights or publicity rights;
• Your fraudulent, negligent, or willful misconduct in connection with your use of the Site or services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Mod Pizza is registered and operates, without regard to any conflict of law principles that would require or permit the application of the laws of another jurisdiction.

In addition to federal law, these Terms are subject to applicable consumer protection laws and regulations, including but not limited to:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which prohibits unfair or deceptive acts or practices in commerce;
• The Electronic Communications Privacy Act (18 U.S.C. §§ 2510–2523);
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030);
• The California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA), to the extent applicable to California residents;
• All other applicable federal and state consumer protection statutes and regulations.

Subject to the arbitration provisions below, any legal action or proceeding relating to these Terms or your access to or use of the Site shall be instituted exclusively in the federal or state courts of competent jurisdiction in the United States. You and Mod Pizza each consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of such proceedings in such courts.

10. Dispute Resolution and Arbitration

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy with us informally. To do so, please contact us at [email protected] describing the nature of your dispute and the relief you are seeking. We will attempt in good faith to resolve the dispute within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within that period, either party may proceed to formal dispute resolution as set forth below.

10.2 Binding Arbitration

EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH, TERMINATION, OR VALIDITY THEREOF, SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) THEN IN EFFECT, WHICH RULES ARE INCORPORATED HEREIN BY REFERENCE.

The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of law.

10.3 Class Action Waiver

YOU AND MOD PIZZA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MOD PIZZA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

11. Third-Party Links and Services

Our Site may contain links to third-party websites, applications, or services that are not owned or controlled by Mod Pizza. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or their websites.

We strongly advise you to read the terms and conditions and privacy policy of any third-party website or service that you visit. Our inclusion of any link to a third-party website does not imply our endorsement of that website or its owner, its products, services, or content.

12. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information. By using the Site or our services, you consent to the collection and use of information as described in our Privacy Policy.

To the extent you are a resident of California, your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) are further described in our Privacy Policy, including your rights to know, delete, correct, and opt out of the sale or sharing of your personal information.

13. Term and Termination

13.1 Term

These Terms shall remain in full force and effect for as long as you access or use the Site or our services, or for as long as you maintain an account with us, whichever is longer.

13.2 Termination by You

You may terminate your relationship with us at any time by ceasing to use the Site and our services and, if applicable, by requesting the deletion of your account by contacting us at [email protected].

13.3 Termination by Us

We may, in our sole discretion, with or without cause, and with or without notice, immediately terminate or suspend your access to all or part of the Site and services. Grounds for such termination may include, without limitation:

• Breach of these Terms or any other agreements with us;
• Requests from law enforcement or government agencies;
• A request by you to cancel or delete your account;
• Unexpected technical or security issues or problems;
• Extended periods of inactivity;
• Engagement in fraudulent, deceptive, or illegal activities.

13.4 Effect of Termination

Upon termination of these Terms or your access to the Site, all licenses and rights granted to you in these Terms will immediately cease. The following sections shall survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and all other provisions that by their nature should survive termination.

14. Changes to Terms

We reserve the right to modify, amend, or update these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and may, at our discretion, provide additional notice such as a prominent notification on our Site or an email notification to the address associated with your account.

Your continued use of the Site or our services after any such changes take effect constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must discontinue your use of the Site and services and, if applicable, close your account. We encourage you to review these Terms periodically to stay informed of any updates.

15. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision shall not affect the validity and enforceability of the rest of these Terms, which shall continue in full force and effect.

The invalidity or unenforceability of any specific provision in any particular jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction, nor shall it affect the validity or enforceability of any other provision of these Terms.

16. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and Mod Pizza with respect to your use of the Site and services, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us with respect to the Site and services.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver by us of any provision of these Terms shall not be deemed a continuing waiver or a waiver of any other provision, and shall not affect the validity and enforceability of the remaining provisions.

17. Force Majeure

Mod Pizza shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, war, terrorism, riots, labor disputes, power outages, internet or telecommunications failures, or any other events that are beyond our reasonable control. In such circumstances, our obligations shall be suspended for the duration of the force majeure event.

18. Electronic Communications and Notices

By using our Site or services, you consent to receive communications from us electronically, including via email or notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

For legal notices or formal communications to Mod Pizza, please use the contact information provided in the Contact Information section below. Notices shall be deemed received: (a) if sent by email, when transmitted (provided no error message is received); or (b) if posted on our Site, when posted.

19. No Partnership or Agency

Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee, franchise, or agency relationship between you and Mod Pizza. You do not have any authority of any kind to bind Mod Pizza in any respect whatsoever, and Mod Pizza does not have authority to bind you.

20. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer these Terms, or any of our rights or obligations hereunder, without restriction and without notice to you. Any purported assignment in violation of this section shall be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

21. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, our services, or your experience with Mod Pizza, please do not hesitate to contact us using the information provided below. We are committed to addressing your concerns promptly and professionally.

For all customer inquiries, order concerns, refund requests, or general questions, please email us at [email protected]. We aim to respond to all inquiries within two (2) business days.