Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at pizz-mods.rest (the "Site") or any services offered by Mod Pizza ("Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Mod Pizza governing your access to and use of our website, online ordering platform, and all related food services.

1. Acceptance of Terms

By accessing or using the Site, placing an order, creating an account, or otherwise engaging with any service provided by Mod Pizza, 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 discontinue your use of the Site and our services. Your continued use of the Site following any modifications to these Terms constitutes your acceptance of the revised Terms.

You represent and warrant that:

• You are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater;
• You have the legal authority and capacity to enter into a binding agreement;
• You are not barred from receiving services under any applicable law;
• All information you provide to us is accurate, complete, and current.

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

2. Description of Services

Mod Pizza is a food service business operating within the United States. We offer the following services through our website and affiliated platforms:

• Online Food Ordering: Customers may browse our menu, customize their orders, and submit orders for pickup or delivery through our Site.
• Menu Information: We provide detailed descriptions of our food offerings, including ingredients, nutritional information (where available), and pricing.
• Loyalty and Rewards Programs: We may offer loyalty points, reward credits, or promotional deals to registered users and returning customers.
• Catering Services: We may offer catering and bulk ordering options for events, businesses, or special occasions.
• Customer Support: We provide customer service assistance via email, phone, and other contact channels.
• Promotional Communications: With your consent, we may send promotional emails, newsletters, and special offer notifications.

We reserve the right to modify, suspend, discontinue, or restrict any portion of our services at any time, without notice and without liability to you. Menu items, prices, and availability are subject to change at any time.

Certain services may be subject to additional terms and conditions, which will be presented to you at the time you use those services. Those additional terms are incorporated into these Terms by reference.

3. User Accounts and Registration

To access certain features of our Site, including placing orders online and participating in loyalty programs, you may be required to create a user account. When registering, you agree to:

• Provide accurate, truthful, and complete information during registration;
• Keep your account credentials, including your username and password, confidential and secure;
• Notify us immediately at [email protected] if you suspect any unauthorized access to your account;
• Accept full responsibility for all activities that occur under your account;
• Not transfer, sell, or assign your account to any third party without our express written consent.

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these Terms or engaged in any conduct that may harm the Company, other users, or third parties. We are not liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials.

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 local, state, and federal laws and regulations. You agree to use the Site solely for lawful, personal, and non-commercial purposes unless you have obtained our prior written consent for commercial use.

4.1 Prohibited Conduct

You expressly agree not to engage in any of the following activities:

• Using the Site for any fraudulent, illegal, or unauthorized purpose;
• Submitting false, misleading, or inaccurate information in any form, including order details, contact information, or payment information;
• Attempting to gain unauthorized access to any portion of the Site, our servers, or any systems connected to our services;
• Using automated means, including bots, scrapers, spiders, or crawlers, to access, collect, or copy any content from the Site;
• Transmitting viruses, malware, or any other malicious or harmful code to or through the Site;
• Interfering with or disrupting the integrity, performance, or security of the Site;
• Impersonating any person or entity, including Mod Pizza employees, representatives, or other users;
• Posting, uploading, or transmitting any content that is defamatory, obscene, offensive, harassing, threatening, or otherwise objectionable;
• Using the Site in a manner that could damage, disable, overburden, or impair our infrastructure;
• Reverse engineering, decompiling, or disassembling any software or technology used in connection with the Site;
• Collecting or harvesting any personally identifiable information from the Site;
• Using the Site to send unsolicited commercial communications (spam);
• Placing fraudulent orders or engaging in chargebacks without legitimate cause;
• Violating any third-party rights, including intellectual property, privacy, or publicity rights.

Any violation of these prohibitions may result in the immediate suspension or termination of your access to the Site and our services, and may expose you to civil or criminal liability.

5. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, photographs, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of Mod Pizza or its content licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Mod Pizza name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Mod Pizza. You may not use any of our trademarks without our prior written permission. All other trademarks, service marks, and logos displayed on the Site belong to their respective owners.

5.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for personal, non-commercial purposes only. This license does not include:

• Modifying, copying, or reproducing any content from the Site;
• Using any content for commercial purposes or for public display;
• Removing any copyright, trademark, or other proprietary notices;
• Transferring the materials to another person or "mirroring" the materials on any other server.

This license terminates automatically upon any violation of these Terms. Upon termination, you must destroy any downloaded or printed materials.

5.2 User-Submitted Content

If you submit, post, or upload any content to the Site, including reviews, feedback, or comments ("User Content"), you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform such content in connection with our services. You represent and warrant that you own or have the necessary rights to grant this license, and that your User Content does not infringe any third-party rights.

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 listed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable state and local taxes, service fees, or delivery charges, which will be calculated and disclosed at checkout prior to your order confirmation.

6.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed on the Site at the time of checkout. By submitting 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;
• You authorize us to charge the full order amount, including taxes and fees, to your designated payment method.

6.3 Order Confirmation and Cancellation

Your order is not confirmed until you receive a written confirmation from us. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, pricing errors, or suspected fraud. If your order is cancelled after payment has been processed, you will receive a full refund to your original payment method within a commercially reasonable timeframe.

6.4 Refunds and Returns

Due to the perishable nature of food products, all sales are generally final. However, if you receive an incorrect order or a product that does not meet reasonable quality standards, please contact us within 24 hours of receipt at [email protected]. We will review your claim and may issue a refund, replacement, or credit at our sole discretion.

6.5 Promotional Codes and Discounts

Promotional codes and discounts are subject to their own specific terms and conditions and may not be combined unless explicitly stated. We reserve the right to revoke any promotional offer if we suspect misuse or fraud.

7. Food Safety and Allergen Information

Mod Pizza takes food safety seriously and complies with all applicable federal, state, and local food safety regulations, including standards set by the U.S. Food and Drug Administration (FDA) and applicable state health departments.

We endeavor to provide accurate ingredient and allergen information on our Site; however, our food products are prepared in facilities that may handle common allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, shellfish, and fish. We cannot guarantee that any menu item is completely free of allergens.

8. Third-Party Links and Services

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

We encourage you to review the terms and privacy policies of any third-party sites you visit. Your use of third-party services is governed by their respective terms and conditions. We are not responsible for any damages or losses caused by your reliance on any third-party website, product, or service.

9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES PROVIDED BY MOD PIZZA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

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, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED;
• WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, our warranties are limited to the minimum extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE STATE IN WHICH OUR BUSINESS OPERATES, MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE THE SITE OR OUR SERVICES;
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
• DAMAGES ARISING FROM ANY CONTENT OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SITE;
• ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OUR SERVICES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MOD PIZZA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

These limitations apply regardless of the legal theory upon which the claim is based, whether in contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

11. Indemnification

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

• Your use of or access to the Site or our services;
• Your violation of these Terms of Service;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights;
• Any User Content you submit, post, or transmit through the Site;
• Any misrepresentation made by you;
• Any fraudulent or unauthorized use of your account.

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

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to conflict of law principles.

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

In matters involving consumer protection, these Terms are subject to applicable protections under the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., and any applicable state consumer protection statutes. If you are a California resident, you may also have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will make a good-faith effort to resolve the dispute within thirty (30) days of receiving notice.

13.2 Binding Arbitration

If informal resolution is unsuccessful, you and Mod Pizza agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of our services (collectively, "Disputes"), shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may seek emergency equitable relief in court to maintain the status quo pending arbitration.

The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

13.3 Class Action Waiver

13.4 Exceptions to Arbitration

Notwithstanding the above, either party may bring an individual action in small claims court or seek injunctive or other equitable relief in court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

13.5 Opt-Out Right

You may opt out of the arbitration agreement within thirty (30) days of first accepting these Terms by sending written notice to us at [email protected] with the subject line "Arbitration Opt-Out." If you opt out, all disputes will be resolved in court as described in Section 12.

14. Term and Termination

These Terms shall remain in full force and effect while you use the Site or any of our services. We may suspend or terminate your access to the Site and any associated accounts at any time, for any reason, with or without notice, including but not limited to:

• Your breach of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Our decision to discontinue the Site or any services;
• Extended periods of account inactivity;
• Requirements of law or government authority.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Please note that termination of your account does not affect any outstanding orders, obligations, or liabilities incurred prior to termination.

Upon termination, all licenses and rights granted to you under these Terms shall immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law), and 13 (Dispute Resolution).

15. Changes to Terms

We reserve the right to modify, amend, or update these Terms of Service at any time and for any reason, at our sole discretion. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page;
• Post the revised Terms on the Site;
• Where appropriate, notify registered users via email at the address associated with their account.

Your continued use of the Site or our services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Site and our services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be available at pizz-mods.rest.

16. Severability

If any provision of these Terms of Service is found 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 valid, legal, and enforceable. If modification is not possible, the invalid provision shall be severed from these Terms, and all other provisions shall remain in full force and effect.

The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms. The parties further agree to replace any invalid, illegal, or unenforceable provision with a valid provision that as closely as possible reflects the original intent of the parties.

17. Waiver

No waiver by Mod Pizza of any breach or default of any provision of these Terms shall be deemed a waiver of any preceding or subsequent breach or default. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Mod Pizza to be effective.

18. Entire Agreement

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

No oral or written information or advice given by Mod Pizza or any of its authorized representatives shall create a warranty or otherwise alter the scope of these Terms.

19. Force Majeure

Mod Pizza shall not be liable for any failure or delay in performance of our obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders or restrictions, labor disputes, power outages, internet or telecommunications failures, acts of terrorism, or any other event beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will make commercially reasonable efforts to resume performance as soon as practicable, and we will communicate with you regarding any material impacts on your orders or our services.

20. Electronic Communications and Notices

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

All notices to Mod Pizza must be sent to our official contact email address or mailing address as provided below. Notices sent by email are deemed received upon confirmation of transmission. Notices sent by mail are deemed received three (3) business days after mailing.

21. Accessibility

Mod Pizza is committed to ensuring digital accessibility for all users, including those with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our Site or services, please contact us so we can assist you.

22. Children's Privacy

Our Site and services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13 years of age. If we become aware that we have collected personal information from a child under 13 without verifiable parental consent, we will take steps to delete such information promptly. If you believe we may have collected information from a child under 13, please contact us immediately.

23. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us for any reason related to your use of our services, please reach out to us using the following contact details:

We endeavor to respond to all inquiries within five (5) business days. For urgent matters related to your order, please use the email address provided above and include your order number and a detailed description of your concern.