Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at modpizza-delivery.click (the "Site") or any services offered through it. These Terms constitute a legally binding agreement between you and the operator of this website ("Company," "we," "us," or "our") governing your access to and use of our online food ordering and delivery services.

1. Acceptance of Terms

By accessing or using the Site, placing an order, creating an account, or otherwise engaging with any services provided through modpizza-delivery.click, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must immediately cease using the Site and all associated services. Your continued use of the Site following any posted modification to these Terms constitutes your acceptance of those changes.

You represent and warrant that you are at least eighteen (18) years of age, have the legal capacity to enter into a binding contract under applicable United States law, and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.

If you are using the Site 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 such case the terms "you" and "your" shall refer to that entity.

2. Description of Services

The Site provides an online platform through which customers may browse menu items, customize pizza orders and other food products, place orders for delivery or pickup, and make payments for those orders. Our services include, but are not limited to:

• Online browsing of available menu items, including pizzas, salads, beverages, and desserts;
• Customization and configuration of food orders based on available ingredients and options;
• Secure online payment processing for orders placed through the Site;
• Scheduling of delivery and pickup orders;
• Customer account creation and management;
• Order tracking and status notifications;
• Customer support services related to orders and account inquiries.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you. We may also impose limits on certain features or restrict your access to parts or all of the services without notice or liability.

All food items are subject to availability. Menu items, prices, and availability may vary by location. We do not guarantee the availability of any particular item at any given time. Nutritional information is provided as a general guide and may vary based on customization and preparation.

Delivery services may be subject to geographic limitations, and delivery times are estimates only. We are not responsible for delays caused by factors beyond our reasonable control, including but not limited to traffic conditions, weather events, or third-party delivery provider issues.

3. User Obligations and Prohibited Activities

3.1 Account Registration

To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately at [email protected] 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 comply with this obligation.

3.2 Acceptable Use

By using the Site, you agree to use it solely for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations. You agree that you will not:

• Use the Site for any fraudulent, misleading, or deceptive purpose;
• Submit false, inaccurate, or misleading order information, including fraudulent payment information;
• Attempt to gain unauthorized access to any portion of the Site, other user accounts, or any related systems or networks;
• Use any automated means, including bots, scrapers, crawlers, or data mining tools, to access, scrape, or extract data from the Site without prior written consent;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious code into the Site or its underlying systems;
• Engage in any activity that interferes with or disrupts the Site or the servers and networks connected to it;
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Site or any software associated with it;
• Post, upload, or transmit any content that is unlawful, harmful, harassing, defamatory, obscene, or otherwise objectionable;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
• Collect or harvest personal information of other users without their express consent;
• Use the services for any commercial purpose other than as expressly permitted by us in writing;
• Violate any applicable federal, state, or local law, rule, or regulation, including but not limited to those governing consumer protection, food safety, and electronic commerce.

3.3 Order Accuracy

You are responsible for reviewing your order before submission to ensure accuracy. Once an order is placed and confirmed, changes may not always be possible. We encourage you to carefully review all order details, including items, quantities, customizations, delivery address, and payment information prior to completing your purchase.

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 compilation and arrangement thereof (collectively, the "Content"), is the property of the Company or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The trademarks, service marks, and logos used and displayed on the Site are registered and unregistered trademarks of the Company and its affiliates or licensors. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the prior written permission of the trademark owner.

You are granted 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 placing food orders through the platform. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any Content;
• Use any Content for commercial purposes without express written consent;
• Remove or alter any copyright, trademark, or other proprietary notices;
• Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information.

Any unauthorized use of the Content or the Site may violate copyright, trademark, and other applicable laws and could result in civil and criminal penalties. We reserve all rights not expressly granted in these Terms.

5. Payment Terms

5.1 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Applicable taxes, delivery fees, and service charges will be calculated and displayed at checkout prior to the completion of your order. You agree to pay all charges associated with your order, including any applicable taxes and fees.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on the Site. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your selected payment method for the total amount of your order, including all applicable taxes and fees.

5.3 Authorization and Processing

Payment is processed at the time your order is placed. We use industry-standard encryption and security measures to protect your payment information. We are not responsible for any fees charged by your bank or payment provider in connection with your transaction.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you believe your order was incorrect, incomplete, or unsatisfactory, please contact us at [email protected] within twenty-four (24) hours of receiving your order. We will review your claim and, at our sole discretion, may issue a refund, credit, or replacement order. Refunds, if approved, will be applied to the original payment method.

5.5 Pricing Errors

In the event of a pricing error on the Site, we reserve the right to cancel any orders placed at an incorrect price, even if the order has been confirmed. We will notify you of such an error as soon as practicable and will offer you the option to re-place your order at the correct price or receive a full refund.

6. Disclaimers

THE SITE AND ALL CONTENT, SERVICES, PRODUCTS, AND INFORMATION MADE AVAILABLE THROUGH THE SITE 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, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE SITE;
• WARRANTIES RELATED TO THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS ORDERED THROUGH THE SITE.

We do not warrant that the results obtained from the use of the Site will be accurate or reliable. You use the Site and its services at your own risk. It is your responsibility to review all allergen and nutritional information before placing an order. We make no guarantee that our products are free from allergens, and we strongly encourage individuals with food allergies or dietary restrictions to contact us directly before ordering.

We are not responsible for the actions, omissions, errors, or representations of any third-party delivery providers, payment processors, or other third parties involved in fulfilling your order.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING BUT NOT LIMITED TO THE CONSUMER PROTECTION PROVISIONS OF THE FEDERAL TRADE COMMISSION ACT (15 U.S.C. § 45 ET SEQ.), THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• 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 ALTERATION OF YOUR ACCOUNT OR PERSONAL INFORMATION;
• DAMAGES ARISING FROM ERRORS, OMISSIONS, INTERRUPTIONS, OR DEFECTS IN THE SITE OR ITS CONTENT;
• DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES.

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

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and service providers 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 or misuse of the Site or services;
• Your violation of any applicable federal, state, or local law, rule, or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any content you submit, post, or transmit through the Site;
• Your fraudulent or harmful conduct in connection with the use of the services;
• Any dispute between you and another user of the Site or a third-party delivery provider.

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 with us in asserting any available defenses. You will not settle any matter without our prior written consent.

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 and the laws of the state in which the Company is registered and operates, without regard to its conflict of law provisions.

Subject to the dispute resolution provisions set forth below, you agree that any legal action or proceeding relating to these Terms or your use of the Site shall be brought exclusively in the federal or state courts of competent jurisdiction located within the United States. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such action or proceeding in such courts.

Our services are governed by applicable United States federal law, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) concerning unfair or deceptive acts or practices, and the Electronic Communications Privacy Act (18 U.S.C. §§ 2510–2523), among other applicable statutes. Users located in California may also have rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as applicable.

10. Dispute Resolution

10.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site or services (collectively, "Disputes"), you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the Dispute informally by contacting you via email within thirty (30) days of receipt of your notice. If the dispute is not resolved within thirty (30) days after receipt of the initial notice, either party may proceed to formal dispute resolution as set forth herein.

10.2 Binding Arbitration

If informal resolution fails, any Dispute shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, which are incorporated herein by reference. The arbitration shall be conducted in the English language. The arbitrator shall have the authority to award any remedy available at law or in equity, subject to the limitations set forth in these Terms. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You and we agree that the arbitration shall be conducted on an individual basis and not as a class action, collective action, or representative proceeding. Neither you nor we shall have the right to participate in a class action or seek class-wide relief.

10.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in 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. Nothing in this section shall be deemed to waive either party's right to seek such relief.

10.4 Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. UNLESS WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

11. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Site or maintain an account with us. We reserve the right, in our sole discretion and without notice or liability, to:

• Suspend or terminate your account and access to the Site for any violation of these Terms;
• Refuse service to any person or entity for any reason not prohibited by applicable law;
• Discontinue or modify any aspect of the Site or services at any time;
• Remove or disable any content or feature of the Site at any time.

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 incurred prior to termination.

Upon termination, the following provisions shall survive: Intellectual Property Rights, Payment Terms (with respect to outstanding obligations), Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and all other provisions that by their nature should survive termination.

12. Changes to Terms

We reserve the right to modify, update, or replace 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 by email or by posting a prominent notice on the Site.

Your continued use of the Site or services following the posting of any changes to these Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must stop using the Site immediately.

We will not retroactively apply material changes to Terms in a manner that is unfair to users with respect to disputes that arose before the effective date of such changes, except where required by applicable law.

13. Third-Party Links and Services

The Site may contain links to third-party websites, services, or platforms 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 or make any representations regarding the accuracy, completeness, or reliability of any content found on third-party sites.

We encourage you to review the terms and privacy policies of any third-party websites you visit. The inclusion of any link does not imply our endorsement of the linked site or service. Your use of third-party sites is at your own risk and subject to the terms and conditions of those sites.

14. Food Safety and Allergen Information

We take food safety seriously and strive to comply with all applicable federal, state, and local food safety regulations, including those administered by the U.S. Food and Drug Administration (FDA) and applicable state health departments. However, we cannot guarantee that our products are free from all allergens, including but not limited to gluten, nuts, dairy, eggs, soy, fish, and shellfish.

If you have a food allergy, intolerance, or dietary restriction, we strongly urge you to contact us directly before placing an order to discuss your specific needs. By placing an order through the Site, you acknowledge that you have reviewed the allergen information provided and accept the associated risks.

Nutritional information provided on the Site is intended as a general guide only and may not account for variations due to customization, preparation methods, or ingredient substitutions.

15. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. By using the Site, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy. We encourage you to read our Privacy Policy carefully to understand our practices.

To the extent you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know, the right to delete, the right to opt-out of the sale or sharing of personal information, the right to correct inaccurate personal information, and the right to limit the use of sensitive personal information, as more fully described in our Privacy Policy.

16. Severability

If any provision of these Terms is found 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 enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any particular provision shall not affect the validity or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect.

Any failure by us to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any right or provision will only be effective if in writing and signed by our authorized representative.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines published by us on the Site, constitute the entire agreement between you and the Company with respect to your use of the Site and services, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, between you and the Company relating to the subject matter hereof.

No course of dealing, course of performance, or trade usage shall be used to modify, supplement, or explain any term used in these Terms. Headings used in these Terms are for reference purposes only and shall not affect the interpretation of any provision.

18. Force Majeure

We shall not be liable for any delay or failure to perform any obligation under these Terms where such delay or failure results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemic, pandemic, fire, flood, war, terrorism, government action, labor disputes, power outages, internet or telecommunications failures, or any other event beyond our reasonable control (collectively, "Force Majeure Events"). In the event of a Force Majeure Event, we will use commercially reasonable efforts to resume performance as soon as practicable.

19. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, or if you need to contact us for any reason related to your use of the Site or services, please reach out to us using the information below:

We will make every effort to respond to your inquiry in a timely manner. For urgent matters relating to food safety or order issues, please contact us directly via email and clearly indicate the nature of your concern in the subject line.