Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at food-modpizza.rest (the "Website") 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 this Website, 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 and all applicable laws and regulations of the United States. If you do not agree to these Terms, you must immediately cease using this Website and all associated services.

1. Acceptance of Terms

By visiting, browsing, using, or placing an order through food-modpizza.rest, you expressly agree to these Terms of Service in their entirety. Your continued use of this Website following the posting of any changes to these Terms constitutes acceptance of those changes. These Terms apply to all visitors, users, customers, and others who access or use our Website or services.

If you are using this Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and in that case, "you" and "your" will refer to that entity. If you do not have such authority, you must not accept these Terms or use the Website on behalf of the entity.

You must be at least eighteen (18) years of age to use this Website, place orders, or enter into this Agreement. By using this Website, you represent and warrant that you are at least 18 years old. If you are under 18 years of age, you may only use this Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

This Website provides an online platform through which customers may browse our food menu, place orders for pickup or delivery, view promotional offers, manage their accounts, and engage with other services associated with our food business (collectively, the "Services"). Specific services available may include, but are not limited to:

• Online ordering for food and beverages, including customization of menu items;
• Account registration and profile management;
• Loyalty and rewards program participation (if applicable);
• Viewing nutritional information, allergen disclosures, and ingredient details;
• Receiving promotional communications, deals, and coupon offers;
• Customer support and feedback submission;
• Gift card purchase and redemption (if applicable);
• Catering order requests and event-based food service inquiries.

We reserve the right at any time and from time to time to modify, suspend, or discontinue any part of the Services (or the Website in its entirety) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any portion thereof.

The availability of menu items, ingredients, promotions, and pricing may vary by location and is subject to change without prior notice. While we endeavor to maintain the accuracy of our online menu, we do not guarantee that all items listed will be available at all times.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using this Website and our 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 immediately notify us of any unauthorized use of your account;
• Use the Website and Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations;
• Treat all communications conducted through the Website with appropriate professionalism and respect;
• Promptly pay for all orders and services rendered through the Website in accordance with the payment terms set forth herein.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities in connection with your use of this Website or Services:

• Using the Website for any fraudulent, deceptive, or unlawful purpose, including but not limited to submitting false orders, exploiting promotions, or misrepresenting your identity;
• Attempting to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, any server, or any services offered through the Website;
• Using any automated means, including robots, spiders, scrapers, or similar data gathering or extraction tools, to access, collect, monitor, copy, or distribute any content from the Website without express written permission;
• Transmitting any spam, unsolicited advertising, or promotional materials through the Website;
• Engaging in any activity that could damage, disable, overburden, or impair the Website or servers or networks connected to the Website;
• Circumventing, disabling, or otherwise interfering with security-related features of the Website;
• Uploading, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Infringing upon or violating our intellectual property rights or the intellectual property rights of others;
• Collecting or harvesting any personally identifiable information from the Website without authorization;
• Using the Services to conduct any commercial solicitation or competitive analysis without our prior written consent;
• Impersonating any person or entity or falsely claiming an affiliation with any person or entity;
• Violating any applicable local, state, national, or international law or regulation.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including without limitation removing the offending content, suspending or terminating your account, and reporting you to appropriate law enforcement authorities.

4. Account Registration

Certain features or services on the Website may require you to register for an account. When registering, you agree to provide truthful, accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account login credentials. You are fully responsible for all activities that occur under your account, whether or not you have authorized such activities.

You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to refuse registration, cancel accounts, or remove or edit content at our sole discretion.

5. Online Ordering and Payment Terms

5.1 Order Placement

When you place an order through our Website, you agree to provide accurate and complete information, including your name, delivery address (if applicable), contact information, and payment details. An order confirmation sent to your email address constitutes acceptance of your order by us. We reserve the right to refuse or cancel any order for any reason, including but not limited to unavailability of products, errors in pricing or product information, or suspected fraudulent activity.

5.2 Pricing and Taxes

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without prior notice. Applicable federal, state, and local taxes will be calculated and added to your order at checkout, as required by law. You are responsible for paying all applicable taxes associated with your purchases.

5.3 Payment Methods

We accept various payment methods as indicated on the checkout page of the Website. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the payment information provided is accurate and complete. You authorize us to charge your selected payment method for the total amount of your order, including applicable taxes and fees.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally considered final once an order has been accepted and preparation has begun. If you have concerns about the quality or accuracy of your order, please contact us at [email protected] as soon as possible. Refunds, credits, or replacements will be issued at our sole discretion and on a case-by-case basis.

5.5 Delivery and Pickup

Delivery and pickup times are estimates only and are not guaranteed. We are not responsible for delays caused by factors outside our reasonable control, including but not limited to traffic conditions, weather, or third-party delivery service issues. Risk of loss and title for food items pass to you upon delivery or pickup, as applicable.

6. Intellectual Property Rights

All content on this Website, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, data compilations, software, and the compilation thereof (collectively, "Content"), is the property of the Company or its content suppliers and is protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

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

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with the Services. This license does not include the right to:

• Resell or make any commercial use of the Website or its Content;
• Collect and use any product listings, descriptions, or prices;
• Make any derivative use of the Website or its Content;
• Download or copy account information for the benefit of another merchant;
• Use any data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use terminates the permission or license granted by the Company. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.

7. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the accuracy, reliability, or completeness of any information or content available on third-party websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to review the terms of service and privacy policies of any third-party websites you visit.

8. Disclaimers and "As-Is" Basis

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER 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 WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS;
• ANY ERRORS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.

NUTRITIONAL INFORMATION, ALLERGEN DETAILS, AND INGREDIENT DESCRIPTIONS PROVIDED ON THIS WEBSITE ARE BASED ON STANDARD RECIPES AND MAY VARY DUE TO REGIONAL DIFFERENCES, SEASONAL AVAILABILITY, AND MENU ITEM CUSTOMIZATIONS. WE CANNOT GUARANTEE THAT OUR FOOD IS FREE FROM ALLERGENS. CUSTOMERS WITH FOOD ALLERGIES OR DIETARY RESTRICTIONS ARE ADVISED TO EXERCISE CAUTION AND CONTACT US DIRECTLY BEFORE ORDERING.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING THOSE PROVIDED UNDER THE FEDERAL TRADE COMMISSION ACT AND OTHER APPLICABLE CONSUMER PROTECTION STATUTES.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE WEBSITE 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 RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY THAT CANNOT BE LAWFULLY LIMITED OR EXCLUDED UNDER APPLICABLE UNITED STATES LAW.

10. Indemnification

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

• Your violation of these Terms of Service;
• Your use of the Website or Services, including but not limited to any content you submit, post, or transmit;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or proprietary right;
• Any claim that your use of the Website or Services caused damage to a third party;
• Any fraudulent or deceptive conduct by you in connection with the Website or Services.

We reserve the right, at our expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.

11. Privacy Policy

Your use of this Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and share information about you when you use our Website and Services. By using our Website, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

We comply with all applicable federal and state privacy laws, including the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce, and applicable state consumer privacy laws including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) where applicable to California residents. Please review our Privacy Policy for complete details regarding your rights and our data practices.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which our principal place of business is located, without regard to its conflict of law provisions.

Subject to the arbitration provisions set forth in Section 13 below, you irrevocably consent to the exclusive jurisdiction of the federal and state courts located in the United States for the resolution of any disputes arising out of or relating to these Terms or your use of the Website or Services. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

If you are accessing the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your local jurisdiction. We make no representation that the Services or materials on this Website are appropriate or available for use in locations outside the United States.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact us in writing at [email protected] and provide a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice. If the parties are unable to reach a resolution within that period, either party may proceed to arbitration as set forth below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes specifically excluded in Section 13.4, you and the Company agree that any dispute, controversy, or claim arising out of or relating to these Terms, your use of the Website or Services, or any products or services offered through the Website, shall be resolved exclusively by binding arbitration, rather than in court, in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), as amended, which are incorporated herein by reference. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

13.3 Class Action Waiver

YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER THROUGH ARBITRATION, COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. IF A COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER IN THIS SECTION IS UNENFORCEABLE, THEN THE ENTIRE ARBITRATION AGREEMENT IN SECTION 13.2 SHALL BE NULL AND VOID.

13.4 Exclusions from Arbitration

Notwithstanding the foregoing, the following disputes shall not be subject to binding arbitration and may be brought in court:

• Claims for injunctive or other equitable relief related to the infringement or misappropriation of intellectual property rights;
• Small claims court actions, provided the matter remains in such court and proceeds only on an individual basis;
• Claims that applicable law expressly requires to be resolved through litigation.

14. Term and Termination

These Terms shall remain in full force and effect while you use the Website or Services. We reserve the right, in our sole discretion, to:

• Suspend or terminate your access to all or any part of the Website or Services at any time, with or without notice, for any or no reason;
• Delete your account and any content or information associated with your account;
• Take any other action we deem necessary to protect the integrity of the Website, our business, or other users.

Grounds for termination include, but are not limited to, your breach of these Terms, fraudulent activity, violation of applicable law, or your conduct that we believe is harmful to other users, third parties, or the interests of the Company.

You may terminate your account at any time by contacting us at [email protected]. Upon termination of your account, your right to use the Website and Services will immediately cease.

All provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify, update, or replace these Terms of Service at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice to you (such as by sending an email to the address associated with your account or by displaying a prominent notice on our Website).

Your continued use of the Website or Services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to any of the modified Terms, you must stop using the Website and Services immediately. It is your responsibility to check this page periodically for changes.

We will endeavor to provide reasonable advance notice of material changes that significantly affect your rights or obligations; however, changes made to comply with applicable law or to address security vulnerabilities may take effect immediately without prior notice.

16. 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 eliminated or limited to the minimum extent possible so that the remaining provisions of these Terms shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect any other provision, and the Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

In such event, the parties agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision to the maximum extent permissible under applicable law.

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 Website, constitute the entire agreement between you and the Company with respect to your use of the Website and Services, and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and the Company with respect to the Website and Services.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company to be effective.

18. Force Majeure

We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event"), including but not limited to acts of God, natural disasters, pandemic, epidemic, governmental actions, war, terrorism, civil unrest, labor disputes or strikes, power outages, internet or telecommunications failures, or supply chain disruptions.

In the event of a Force Majeure Event, we will use commercially reasonable efforts to mitigate the effects and resume performance as soon as reasonably practicable.

19. No Third-Party Beneficiaries

These Terms of Service are for the sole benefit of you and the Company and do not create any third-party beneficiary rights. Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

20. Electronic Communications

By using this Website, you consent to receiving electronic communications from us. These communications may include notices about your account, order confirmations, promotional materials, and other information concerning or related to the Website or Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

21. Compliance with Laws

You agree to comply with all applicable federal, state, and local laws, statutes, ordinances, regulations, and rules in connection with your use of the Website and Services. Without limiting the foregoing, you represent that your use of the Website and Services will not violate any applicable export control laws, anti-money laundering laws, anti-bribery laws, or other applicable laws of the United States or any other jurisdiction.

22. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please contact us using the information provided below:

We will make every reasonable effort to respond to your inquiry within a reasonable timeframe. For urgent matters, including food safety concerns or issues with an active order, we encourage you to reach out to us directly via email so that we may assist you as promptly as possible.