Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at modpizza-eat.rest (the "Website") or any services provided by Mod Pizza ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

1. Acceptance of Terms

By accessing, browsing, or using the Website at modpizza-eat.rest, or by clicking "I Agree," placing an online order, creating an account, or otherwise interacting with any feature of our digital or physical services, you ("User," "you," or "your") enter into a legally binding agreement with Mod Pizza and agree to comply with and be bound by these Terms of Service, our Privacy Policy, and any other policies incorporated herein by reference.

If you do not agree to these Terms in full, you must immediately discontinue use of this Website and all associated services. These Terms apply to all visitors, users, customers, and others who access or use the Website or any related services.

You represent that you are at least eighteen (18) years of age, or if you are between thirteen (13) and seventeen (17) years of age, that you are accessing the Website under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Use of this Website by individuals under the age of thirteen (13) is strictly prohibited.

Your continued use of the Website following the posting of any revisions to these Terms constitutes your acceptance of and agreement to those revisions. It is your responsibility to check this page periodically for changes.

2. Description of Services

Mod Pizza operates as a food service business offering customers the ability to browse menu items, place online food orders, schedule pickups or deliveries, participate in loyalty programs, and access promotional content through the Website located at modpizza-eat.rest.

Our services include, but are not limited to:

• Online ordering of food and beverages, including customizable pizza options, salads, beverages, and other menu offerings;
• In-store and curbside pickup services;
• Third-party delivery facilitation where applicable;
• Account creation and management for returning customers;
• Loyalty rewards programs and promotional campaigns;
• Customer support and feedback services;
• Informational content regarding our menu, ingredients, nutritional data, and allergen information;
• Gift card purchase and redemption services where available.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. Availability of specific menu items, promotions, and pricing may vary by location and are subject to change without notice.

Mod Pizza does not guarantee that food or beverage items advertised on the Website will be available at all times or at all locations. Menu availability is subject to supply chain conditions, seasonal variations, and local store policies.

3. User Accounts and Registration

Certain features of our Website may require you to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate and current;
• Maintain the security and confidentiality of your login credentials, including your password;
• Accept full responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account at our sole discretion if we determine that you have provided false or misleading information, violated these Terms, or engaged in any activity that may harm the Company, its users, or third parties. You may not create multiple accounts or transfer your account to another individual without our prior written consent.

4. User Obligations and Prohibited Activities

As a condition of your use of this Website and our services, you agree to use them only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit the use and enjoyment of the Website by any third party.

You agree that you will NOT:

• Use the Website for any unlawful purpose or in violation of any local, state, federal, or international law or regulation, including but not limited to laws governing food safety, consumer protection, and electronic commerce;
• Post, transmit, or submit any false, misleading, defamatory, obscene, offensive, or otherwise objectionable content;
• Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website;
• Use any automated means, including robots, scrapers, spiders, or data mining tools, to access, download, or copy content from the Website without our express written consent;
• Introduce any viruses, malware, ransomware, Trojan horses, or other malicious code into the Website or our systems;
• Engage in any activity that disrupts, damages, or interferes with the proper functioning of the Website or servers and networks connected to it;
• Impersonate any person or entity, or falsely represent your affiliation with a person or entity;
• Collect or harvest any personally identifiable information from the Website without express authorization;
• Use the Website or services for any commercial solicitation purposes without prior written authorization from Mod Pizza;
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying structure of the Website;
• Abuse, manipulate, or exploit our loyalty programs, discount systems, or promotional offers;
• Place fraudulent orders or provide false payment information;
• Engage in any form of price manipulation or attempt to circumvent our pricing structures.

Violation of these prohibitions may result in immediate termination of your access to the Website and services, and may expose you to civil and/or criminal liability under applicable federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the Federal Trade Commission Act (15 U.S.C. § 45).

5. Intellectual Property Rights

All content available on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall look and feel of the Website (collectively, "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, trade dress, and all related names, logos, product names, and service names are trademarks or registered trademarks of the Company. You may not use such marks without the prior written permission of Mod Pizza. All other trademarks not owned by Mod Pizza that appear on this Website are the property 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 personal, non-commercial purposes in connection with using our services. This license does not include:

• Any resale or commercial use of the Website or its Content;
• Any collection and use of any product listings, descriptions, or prices;
• Any derivative use of the Website or its Content;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Unauthorized use of any Content or materials on this Website may violate copyright laws, trademark laws, laws of privacy and publicity, and other applicable laws and regulations, and could result in criminal or civil penalties.

6. Online Ordering and Payment Terms

When you place an order through our Website, you represent that you are authorized to use the payment method provided and that the information you supply is true, correct, and complete. By submitting an order, you authorize Mod Pizza to charge your designated payment method for the total amount of your order, including applicable taxes, service fees, and delivery charges where applicable.

6.1 Pricing and Availability

All prices listed on the Website are in United States Dollars (USD) and are subject to applicable sales tax as required by state and local law. Prices are subject to change without notice. We reserve the right to correct any pricing errors at any time. In the event of a pricing error, we will contact you at the email address or phone number provided and give you the option to confirm your order at the correct price or cancel the order for a full refund.

6.2 Order Confirmation and Cancellation

An order confirmation does not constitute final acceptance of your order. We reserve the right to refuse or cancel any order at our discretion, including but not limited to orders where we suspect fraudulent activity, orders placed in error, or orders that cannot be fulfilled due to supply limitations. In such cases, you will receive a full refund to your original payment method within a commercially reasonable timeframe.

6.3 Refunds and Disputes

If you are dissatisfied with your order due to quality issues or an error on our part, please contact us at [email protected] within twenty-four (24) hours of receiving your order. Refunds or replacements will be evaluated on a case-by-case basis. We reserve the right to request photographic evidence of any food quality issues.

6.4 Third-Party Payment Processors

We may use third-party payment processors to facilitate transactions. Your use of third-party payment services is subject to the applicable terms and conditions and privacy policies of those providers. We are not responsible for errors or failures arising from third-party payment processing systems.

7. Third-Party Links and Services

The Website may contain links to third-party websites, services, or applications that are not owned or controlled by Mod Pizza. These links are provided for your convenience and informational purposes only. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or terms of any third-party websites or services.

We do not endorse or make any representations about third-party websites or any information, products, or services found on them. If you access third-party websites through links on our Website, you do so at your own risk. We encourage you to review the terms and privacy policies of any third-party websites you visit.

8. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE 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, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED;
• WARRANTIES REGARDING THE SAFETY, ACCURACY, OR RELIABILITY OF NUTRITIONAL OR ALLERGEN INFORMATION PROVIDED ON THE WEBSITE.

Nutritional and allergen information provided on the Website is based on standard recipes and may vary due to regional differences, ingredient substitutions, and preparation methods. Customers with severe food allergies should exercise extreme caution and directly contact their local store before placing an order. Mod Pizza cannot guarantee that any menu item is free of allergens.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MOD PIZZA TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE OR SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE AMOUNT PAID BY YOU TO MOD PIZZA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

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

10. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any 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 in a manner not authorized by these Terms;
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right;
• Your violation of any applicable law, regulation, or governmental order;
• Any content you submit, post, transmit, or otherwise make available through the Website;
• Any misrepresentation made by you in connection with your use of the Website 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 such event, you agree to cooperate fully with us in asserting any available defenses and to not settle any such matter without our prior written consent.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them (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 laws of the state in which the relevant Mod Pizza location is situated, without regard to its conflict of law provisions.

To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Mod Pizza agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States for the purpose of litigating all such disputes. You hereby waive any objection to the laying of venue in such courts and waive any claim that such courts represent an inconvenient forum.

For customers located in the State of California, your use of our Website and services may be subject to additional rights and protections afforded under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), California Civil Code, and other applicable California statutes. Nothing in these Terms shall be construed to limit any rights you have under California law.

These Terms are also subject to the Federal Trade Commission Act (15 U.S.C. § 45) and other applicable federal consumer protection laws. Any rights you have under applicable federal law are not waived by these Terms.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact Mod Pizza at [email protected] and provide a written description of the dispute, including your name, contact information, and the nature of your claim. The parties agree to use good faith efforts to resolve the dispute informally within thirty (30) days of the date of the initial notice. If the dispute cannot be resolved informally within that period, either party may proceed to formal dispute resolution as described below.

12.2 Binding Arbitration

EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE WEBSITE OR SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding on both parties.

The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision. Judgment on any arbitration award may be entered in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND MOD PIZZA AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING. Unless both you and Mod Pizza expressly agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information. Small claims court actions may be brought in lieu of arbitration where eligible.

13. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Website or maintain an account with us. We reserve the right, in our sole and absolute discretion, to:

• Terminate your access to all or part of the Website, with or without notice, for any reason, including but not limited to breach of these Terms;
• Suspend or delete your account and any associated data;
• Refuse service to any individual or entity at any time for any lawful reason;
• Discontinue the Website or any service offered thereon, at any time and without liability to you.

Upon termination, your right to use the Website and services shall immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations or liabilities arising prior to the termination date.

14. Changes to These Terms

Mod Pizza reserves the right to modify, update, or replace these Terms of Service at any time and 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 to the address associated with your account or by displaying a prominent notice on the Website.

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

We may also, in the future, offer new services or features through the Website, which shall be subject to these Terms as amended from time to time.

15. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable for any reason, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by such modification or severance.

The invalidity or unenforceability of any particular provision shall not affect the validity or enforceability of any other provision of these Terms, and these Terms shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein, except to the extent that removal of such provision would cause a material failure of consideration.

16. Waiver

No waiver by Mod Pizza of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Mod Pizza to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Mod Pizza on the Website, shall constitute the entire agreement between you and Mod Pizza concerning your use of the Website and services. These Terms supersede all prior and contemporaneous negotiations, discussions, agreements, representations, and warranties, whether written or oral, between you and Mod Pizza with respect to the subject matter hereof.

In the event of any conflict between these Terms and any other policy or document published on the Website, these Terms shall prevail unless expressly stated otherwise.

18. Force Majeure

Mod Pizza shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, war, terrorism, civil unrest, government actions or regulations, labor disputes, power or internet outages, supply chain disruptions, or other events of force majeure. In such circumstances, our obligations shall be suspended for the duration of the force majeure event, and we shall endeavor to resume performance as soon as reasonably practicable.

19. California Residents — Additional Rights

If you are a California resident, you have certain rights under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA), including the right to know what personal information we collect about you, the right to delete your personal information, the right to opt out of the sale or sharing of your personal information, and the right to non-discrimination for exercising your privacy rights.

Additionally, under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

For further details regarding our data practices and your privacy rights, please refer to our Privacy Policy available on the Website.

20. Accessibility

Mod Pizza is committed to making our Website accessible to all users, including those with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA and applicable requirements under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience any difficulty accessing our Website, please contact us at [email protected] and we will work to provide you with the information or functionality you need through alternative means.

21. Electronic Communications

By using this Website and providing us with your contact information, you consent to receive electronic communications from Mod Pizza, including but not limited to emails, text messages, and push notifications relating to your orders, account, promotional offers, and updates to our policies. You acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you wish to opt out of marketing communications, you may do so by following the unsubscribe instructions included in any promotional email or by contacting us directly at [email protected]. Please note that opting out of marketing communications will not affect transactional communications related to your orders or account.

22. Contact Information

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

We will make every effort to respond to your inquiry within a reasonable timeframe, and in any event within the timeframes required by applicable law.