Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at pizzas-mod.digital (the "Site") or any services offered through it. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and the operator of this website ("Company," "we," "us," or "our"). By accessing or using our Site, placing an order, or otherwise interacting with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you do not agree with any portion of these Terms, you must immediately cease using this Site and our services. Your continued use of the Site following any updates to these Terms constitutes your acceptance of the revised Terms.

1. Acceptance of Terms

By visiting, browsing, or using any part of pizzas-mod.digital, you represent and warrant that:

• You are at least eighteen (18) years of age, or the age of majority in your jurisdiction;
• You have the legal capacity to enter into a binding agreement;
• You are not prohibited by any applicable law from receiving or using our services;
• You will comply with all applicable local, state, and federal laws and regulations while using this Site;
• All information you provide to us is accurate, current, and complete.

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

2. Description of Services

Mod Pizza operates as a food service provider, offering customers the ability to browse menu items, place food orders online, access promotional offers, and engage with content related to our products and services through the Site. Our services may include, but are not limited to:

• Online Ordering: Customers may place orders for pizza and other food items for pickup or delivery through our website.
• Menu Browsing: Users may view available menu items, nutritional information, ingredients, and pricing.
• Promotions and Loyalty Programs: We may offer special deals, discounts, coupons, and loyalty reward programs from time to time.
• Account Registration: Users may create a personal account to manage orders, save preferences, and access exclusive features.
• Customer Support: We provide customer service via email and other channels listed on the Site.
• Informational Content: The Site may contain blog posts, news, nutritional guides, and other food-related content for informational purposes.

We reserve the right to modify, suspend, discontinue, or restrict any aspect of our services at any time, with or without notice, and without liability to you. Menu availability, pricing, and delivery areas may vary and are subject to change.

3. User Accounts and Registration

To access certain features of our Site, you may be required to register for an account. When creating an account, you agree to:

• Provide accurate, truthful, and complete registration information;
• Maintain and promptly update your account information to keep it current and accurate;
• Keep your password confidential and not share it with any third party;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account;
• Accept responsibility for all activities that occur under your account, whether or not authorized by you.

We reserve the right to suspend, disable, or terminate your account at our sole discretion, including if we believe you have violated these Terms, engaged in fraudulent activity, or provided false information. You may not create more than one account per person without our express written permission.

4. User Obligations and Prohibited Activities

As a condition of your use of the Site and our services, you agree to comply with all applicable laws and these Terms. You agree that you will not, under any circumstances:

4.1 General Prohibited Conduct

• Use the Site for any unlawful purpose or in violation of any federal, state, or local laws or regulations, including but not limited to U.S. consumer protection laws enforced by the Federal Trade Commission (FTC);
• Engage in any fraudulent activity, including placing false or fictitious orders, submitting fraudulent payment information, or misrepresenting your identity;
• Impersonate any person or entity, or falsely claim affiliation with any person or entity, including our employees, representatives, or affiliates;
• Harass, threaten, abuse, or harm any person through the Site or our services;
• Violate the privacy or intellectual property rights of any third party;
• Transmit or upload any content that is defamatory, obscene, offensive, discriminatory, or otherwise objectionable.

4.2 Technical Prohibited Activities

• Attempt to gain unauthorized access to any portion of the Site, our servers, databases, or connected systems;
• Use automated tools such as bots, scrapers, spiders, or crawlers to access or collect data from the Site without our express written consent;
• Introduce viruses, malware, Trojan horses, ransomware, or any other malicious code designed to interrupt, destroy, or limit the functionality of the Site or our systems;
• Conduct denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks against the Site;
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software used on or in connection with the Site;
• Use the Site in any manner that could damage, disable, overburden, or impair our servers or network infrastructure;
• Circumvent any security or authentication measures implemented on the Site.

4.3 Commercial Prohibited Activities

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or its content for commercial purposes without our prior written authorization;
• Use our trademarks, logos, trade names, or other proprietary designations without our express written consent;
• Place orders for the purpose of resale, commercial distribution, or other business purposes without entering into a separate commercial agreement with us.

We reserve the right to investigate any suspected violations and to take appropriate legal action, including without limitation, referral to law enforcement authorities, and to terminate or suspend your access to the Site.

5. Intellectual Property Rights

All content published and made available on this Site is the property of Mod Pizza and its licensors, unless otherwise expressly stated. This includes, but is not limited to:

• Text, written copy, articles, and descriptions;
• Photographs, graphics, illustrations, and images;
• Logos, trademarks, service marks, and trade names;
• Audio and video recordings;
• Website design, layout, user interface, and code;
• Menu designs, branding materials, and marketing content.

All intellectual property on this Site is protected under applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable state and federal laws. Unauthorized use of any intellectual property found on this Site may result in civil and criminal liability.

5.1 Limited License to Users

Subject to these Terms, 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 our services. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any content on the Site;
• Use any data mining, scraping, or similar data gathering or extraction methods on the Site;
• Remove any copyright, trademark, or other proprietary notices from the Site's content.

5.2 User-Submitted Content

If you submit reviews, comments, photos, feedback, or any other content to the Site ("User Content"), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media format. You represent and warrant that your User Content does not infringe upon the rights of any third party.

6. Payment Terms and Ordering

When you place an order through our Site, you agree to the following payment terms:

6.1 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to applicable sales taxes, delivery fees, and other charges, which will be disclosed to you at checkout before you confirm your order. We reserve the right to change prices at any time without prior notice. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price and will notify you accordingly.

6.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. By submitting your payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is accurate and complete;
• Charges incurred by you will be honored by your financial institution.

All payment transactions are processed through secure third-party payment processors. We do not store complete credit card or debit card information on our servers.

6.3 Order Confirmation and Cancellation

Upon placing an order, you will receive an order confirmation via email. This confirmation does not constitute acceptance of your order. We reserve the right to refuse or cancel any order at our discretion, including in cases of suspected fraud, pricing errors, or unavailability of items. If your order is cancelled after payment has been processed, you will receive a full refund to your original payment method.

6.4 Refunds

If you are unsatisfied with your order due to a verified error on our part (e.g., incorrect items delivered, food quality issues), please contact us at [email protected] within a reasonable time of receiving your order. Refund decisions are made at our sole discretion. We do not guarantee refunds for change-of-mind cancellations after an order has been prepared.

7. Disclaimers and "As-Is" Basis

YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED;
• WARRANTIES REGARDING THE NUTRITIONAL ACCURACY OF INFORMATION PROVIDED ON THE SITE.

We do not warrant that the Site will meet your requirements or that results obtained from using the Site will be accurate or reliable. Any material downloaded or otherwise obtained through the Site is done at your own discretion and risk. We make no warranty regarding food allergy information; customers with food allergies or dietary restrictions are strongly advised to contact us directly before placing an order.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES FEDERAL AND STATE LAW, IN NO EVENT SHALL MOD PIZZA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES;
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• DAMAGES ARISING FROM ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY;
• DAMAGES ARISING FROM FOOD ALLERGIC REACTIONS DUE TO UNDISCLOSED ALLERGENS, EXCEPT WHERE REQUIRED BY APPLICABLE LAW.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL CASES, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE OF ACTION SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00), OR (B) THE TOTAL AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza, its owners, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys' fees and court costs) arising from or related to:

• Your use of or access to the Site or our services;
• Your violation of any provision of these Terms;
• Your violation of any third-party rights, including without limitation any intellectual property rights, privacy rights, or publicity rights;
• Your violation of any applicable federal, state, or local law or regulation;
• Any content you submit, post, transmit, or otherwise make available through the Site;
• Any fraudulent, negligent, or willful misconduct on your part.

We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This indemnification obligation will survive termination of these Terms and your use of the Site.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which we operate, without regard to conflict of law principles that would cause the application of the laws of any other jurisdiction.

These Terms are also subject to applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which governs unfair or deceptive acts and practices in commerce, and any other applicable federal consumer protection statutes.

If our services are made available in California, the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), may apply to the collection and processing of your personal information. Please review our Privacy Policy for more information.

Any legal action or proceeding arising under or relating to these Terms that is not subject to mandatory arbitration shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States, and you hereby irrevocably consent to personal jurisdiction and venue therein.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. We will make reasonable efforts to resolve any complaint or dispute within thirty (30) days of receiving your notice. This informal resolution process is a prerequisite to initiating any formal proceedings.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION RATHER THAN IN COURT.

If we are unable to resolve a dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services — including any questions of arbitrability — shall be settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or another mutually agreed-upon arbitration provider. The arbitration shall take place in the United States, and the arbitrator's decision shall be final and binding on both parties.

11.3 Class Action Waiver

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, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a class or representative proceeding.

11.4 Exceptions

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 intellectual property rights, confidential information, or privacy rights.

12. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by us. These links are provided for your convenience only. We have no control over the content, privacy policies, or practices of any third-party websites and accept no responsibility for them. We do not endorse or make any representations about any third-party sites, products, or services. Your use of any third-party site is at your own risk and subject to the terms and conditions of those sites. We strongly encourage you to review the privacy policies and terms of service of any third-party sites you visit.

13. Food Safety and Allergen Disclaimer

We take food safety seriously and strive to maintain the highest standards of food preparation and hygiene. However, please be aware that:

• Our food products are prepared in facilities that handle common allergens, including wheat, dairy, eggs, nuts, soy, and others;
• While we make reasonable efforts to provide accurate allergen and nutritional information, we cannot guarantee that our food is entirely free from cross-contamination with allergens;
• Nutritional information provided on the Site is for informational purposes only and may vary based on portion size, preparation method, and ingredient sourcing;
• If you have a known food allergy or dietary restriction, you are strongly encouraged to contact us directly before placing an order.

By ordering from us, you acknowledge that you have read and understood this allergen disclaimer and accept any associated risks.

14. Term and Termination

These Terms are effective from the date you first access the Site and will remain in effect until terminated. Either party may terminate this Agreement at any time:

• By You: You may terminate your agreement with us by discontinuing use of the Site and, if applicable, closing your user account.
• By Us: We may terminate or suspend your access to the Site and any accounts you hold, with or without notice, for any reason, including if we reasonably believe that you have violated these Terms, engaged in fraudulent conduct, or for any business reason at our sole discretion.

Upon termination:

• Your right to use the Site and our services will immediately cease;
• Any provisions of these Terms that by their nature should survive termination shall so survive, including without limitation, intellectual property provisions, disclaimers, indemnification, limitations of liability, dispute resolution, and governing law provisions.

15. Changes to Terms of Service

We reserve the right to update, modify, or replace any part of these Terms 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, where appropriate, notify you via email or a prominent notice on the Site.

Your continued use of the Site or our services after any changes to these Terms constitutes your binding acceptance of the updated Terms. It is your responsibility to check this page periodically for updates. If you do not agree with the modified Terms, you must stop using the Site and our services immediately.

We encourage you to review these Terms regularly to stay informed about your rights and obligations.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired by such invalidity, illegality, or unenforceability. The invalidity of any provision in one jurisdiction shall not affect the validity of that provision in any other jurisdiction.

17. 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 concerning your use of the Site and our services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site and its content.

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. Any waiver of these Terms must be in writing and signed by an authorized representative of Mod Pizza to be effective. A waiver by us of any breach or default shall not constitute a waiver of any subsequent breach or default.

18. Force Majeure

We shall not be liable for any failure or delay in the performance of our obligations under these Terms if such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government action, labor disputes, power outages, internet or telecommunications failures, or supply chain disruptions. In such events, our obligations under these Terms will be suspended for the duration of the force majeure event, and we will use commercially reasonable efforts to resume normal operations as soon as practicable.

19. Electronic Communications

By using the Site and our services, you consent to receiving electronic communications from us, including email messages, notices, and other information. 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. Electronic communications are deemed received when transmitted to the email address you provided during registration or when posted on the Site.

20. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, or if you wish to report a violation or submit a legal inquiry, please contact us using the information below:

We will make every effort to respond to your inquiry within five (5) to seven (7) business days. For urgent matters, including food safety concerns, please use the email address provided above and clearly mark your message as urgent.