Terms of Service

Please read these Terms of Service carefully before using our website located at piz-mod.rest or any services offered by Mod Pizza. By accessing or using our website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the website at piz-mod.rest (the "Site") or any services provided by Mod Pizza ("Company," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Mod Pizza. Your continued use of our Site or services following any modifications to these Terms shall constitute your acceptance of the revised Terms. If you are using our Site or services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

You must be at least 13 years of age to use our Site. By using our Site, you represent that you are at least 13 years of age. Users under the age of 18 must have parental or guardian consent to use our services, particularly for any financial transactions.

2. Description of Services

Mod Pizza is a food service business operating in the United States. Through our Site at piz-mod.rest, we offer the following services:

• Online Menu Browsing: Users may browse our current menu offerings, including pizzas, salads, beverages, and other food items.
• Online Ordering: Users may place orders for food items for pickup or delivery, subject to availability and location.
• Account Registration: Users may create personal accounts to manage orders, save preferences, and access loyalty or reward programs.
• Customer Support: Users may contact our customer support team through designated communication channels.
• Promotions and Offers: We may, from time to time, offer special promotions, discounts, or loyalty programs through our Site.
• Nutritional Information: We provide nutritional and allergen information to help users make informed food choices.
• Location Services: We may offer store locator features to help users find the nearest Mod Pizza location.

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. Menu items, pricing, availability, and promotional offers are subject to change without prior notice.

All food items are subject to availability. We do not guarantee that any specific menu item will be available at any given time or location. Nutritional information provided on our Site is approximate and may vary depending on preparation methods, portion sizes, and ingredient substitutions.

3. User Accounts and Registration

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

• Provide accurate, current, and complete information as prompted during the registration process.
• Maintain and promptly update your account information to ensure it remains accurate, current, and complete.
• Keep your password secure and confidential, and not share it with any third party.
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate your account at our sole discretion if we believe that you have violated these Terms or engaged in fraudulent or harmful activity. You may delete your account at any time by contacting us at [email protected].

4. User Obligations and Prohibited Activities

By using our Site and services, you agree to comply with all applicable federal, state, and local laws and regulations. You further agree to the following obligations and acknowledge that the following activities are strictly prohibited:

4.1 User Obligations

• Use our Site and services only for lawful purposes and in accordance with these Terms.
• Provide accurate and truthful information when placing orders or creating an account.
• Honor any orders placed through our Site, including being present for delivery or pickup as scheduled.
• Treat our staff, delivery personnel, and other users with respect and dignity.
• Comply with all applicable food safety guidelines and regulations regarding the receipt and storage of food products.

4.2 Prohibited Activities

You agree that you will NOT:

• Use our Site or services for any fraudulent, illegal, or unauthorized purpose.
• Attempt to gain unauthorized access to any portion of our Site, other accounts, computer systems, or networks connected to our Site.
• Use automated tools, bots, scrapers, or similar technologies to access, collect, or copy data from our Site without express written permission.
• Transmit any viruses, malware, spyware, or other malicious code through or to our Site.
• Engage in any activity that interferes with or disrupts the integrity or performance of our Site or the servers and networks connected to it.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Submit false, misleading, or fraudulent orders, reviews, or information.
• Use our Site to send unsolicited communications (spam) to other users or third parties.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our services without our express written permission.
• Attempt to reverse engineer, decompile, or disassemble any software or technology used on our Site.
• Collect or harvest any personally identifiable information from our Site without authorization.
• Use our Site in any manner that could damage, disable, overburden, or impair our servers or networks.
• Violate any applicable federal, state, or local law, regulation, or ordinance.
• Engage in any conduct that restricts or inhibits any other user's enjoyment of our Site.

Any violation of the above prohibitions may result in immediate termination of your access to our Site and services, and may subject you to legal action under applicable state and federal law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the FTC Act.

5. Intellectual Property Rights

All content, materials, and intellectual property available on or through our Site, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the overall design and compilation of our Site (collectively, "Content"), are the exclusive property of Mod Pizza or its content suppliers and are protected by applicable United States and international intellectual property laws, including copyright, trademark, and trade secret laws.

5.1 Trademarks

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

5.2 Copyright

The Content on our Site is protected by copyright law under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not copy, reproduce, modify, publish, upload, post, transmit, or distribute in any way any Content from our Site without our prior written permission, except as expressly authorized by these Terms.

5.3 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Site and its Content solely for your personal, non-commercial use. This license does not include any right to:

• Sell or resell any Content or services available on our Site.
• Collect and use any product listings, descriptions, or prices.
• Make any derivative use of our Site or its Content.
• Download or copy account information for the benefit of another merchant or business.
• Use any data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of our intellectual property terminates the limited license granted to you. We reserve all rights not expressly granted in and to our Site and its Content.

6. Payment Terms

When placing orders through our Site, the following payment terms apply:

6.1 Pricing

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes unless expressly stated. You are responsible for paying all applicable federal, state, and local taxes associated with your purchases.

6.2 Payment Methods

We accept major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as indicated at checkout. By providing your payment information, you represent and warrant that:

• You are authorized to use the payment method provided.
• The payment information you provide is accurate and complete.
• You will pay all charges incurred by you at the prices in effect when such charges are incurred.

6.3 Order Confirmation and Billing

Your order is not confirmed until you receive an order confirmation email or notification from us. We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product unavailability, errors in product or pricing information, or suspicion of fraud.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. If you have a concern about the quality of your order or if your order was incorrect, please contact us immediately at [email protected]. We will review your concern on a case-by-case basis and may offer a refund, credit, or replacement at our sole discretion. Refunds, if approved, will be processed using the original payment method within 5-10 business days.

6.5 Promotional Codes and Discounts

Promotional codes and discounts are subject to specific terms and conditions associated with each promotion. They cannot be combined with other offers unless expressly stated. We reserve the right to modify or terminate any promotion at any time without prior notice.

7. Disclaimers and "As-Is" Basis

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

MOD PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied Warranties of Merchantability: We make no warranties that our Site or services will meet your requirements or expectations.
• Fitness for a Particular Purpose: We make no warranties that our Site or services will be suitable for your specific needs.
• Non-Infringement: We do not warrant that our Site or its Content does not infringe the intellectual property rights of any third party.
• Accuracy and Completeness: We do not warrant the accuracy, completeness, or reliability of any information provided on our Site, including nutritional information, pricing, and menu availability.
• Security: We do not warrant that our Site is free from viruses, malware, or other harmful components, though we take reasonable measures to maintain security.
• Uninterrupted Service: We do not warrant that our Site will be available without interruption, delay, or error.

NUTRITIONAL AND ALLERGEN INFORMATION PROVIDED ON OUR SITE IS APPROXIMATE AND BASED ON STANDARD RECIPES. ACTUAL NUTRITIONAL CONTENT MAY VARY. INDIVIDUALS WITH FOOD ALLERGIES OR DIETARY RESTRICTIONS SHOULD EXERCISE CAUTION AND CONSULT WITH OUR STAFF BEFORE ORDERING. WE CANNOT GUARANTEE THAT ANY MENU ITEM IS FREE FROM ALLERGENS DUE TO THE RISK OF CROSS-CONTAMINATION IN OUR KITCHEN ENVIRONMENTS.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, any implied warranties are limited to the minimum scope and shortest duration permitted by applicable law.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OUR SITE OR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MOD PIZZA IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOD PIZZA AND YOU. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR CERTAIN DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers 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 violation of these Terms or any applicable law or regulation.
• Your use of our Site or services in a manner not authorized by these Terms.
• Your violation of any rights of a third party, including intellectual property rights or privacy rights.
• Any content or materials you submit, post, transmit, or make available through our Site.
• Your negligence, willful misconduct, or fraud.
• Any dispute between you and any third party relating to your use of our Site or services.

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, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or content that are not owned or controlled by Mod Pizza. 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 offerings of any third parties or their websites.

You acknowledge and agree that Mod Pizza 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 your use of or reliance on any content, goods, or services available on or through any third-party websites or services. We strongly advise you to read the terms of service and privacy policies of any third-party websites that you visit.

If you use any third-party services, such as delivery platforms, payment processors, or mapping services, those services are governed by their own terms and privacy policies, not these Terms.

11. Privacy Policy

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

We comply with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) governing consumer protection and data privacy at the federal level.

12. Governing Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, your use of our Site or services, or the breach, termination, enforcement, interpretation, or validity of these Terms shall be governed by and construed in accordance with the laws of the United States and the laws of the applicable state in which Mod Pizza operates, without regard to conflict of law principles.

Subject to the dispute resolution provisions below, you agree that any legal action or proceeding arising from these Terms or your use of our Site shall be subject to the exclusive jurisdiction of the federal and state courts located within the United States. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Our services are intended for use within the United States only. We make no representation that our Site or services are appropriate or available for use outside of the United States.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us informally to attempt to resolve the dispute. Please send a written description of your dispute to [email protected]. We will attempt to resolve the dispute within thirty (30) days of receiving your written notice. If we are unable to resolve the dispute informally within that period, either party may pursue formal dispute resolution 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 claims that qualify for small claims court and except as otherwise specified herein, 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, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.

The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have the authority to award any remedy that would be available in a court of law.

13.3 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 ACTION. Unless both you and Mod Pizza 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.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending the completion of arbitration. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including but not limited to the Federal Trade Commission (FTC).

14. Term and Termination

These Terms shall remain in full force and effect while you use our Site or maintain an account with us. We reserve the right to:

• Suspend or terminate your access to our Site and services at any time, with or without notice, for any reason, including but not limited to a violation of these Terms.
• Refuse service to anyone at any time, for any reason.
• Discontinue any aspect of our services at any time.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use our Site and services will immediately cease.

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, dispute resolution, and governing law.

15. Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. When we make changes to these Terms, we will update the "Last Updated" date at the top of this page. In the event of material changes, we may also notify you by email (if we have your email address on file), by posting a notice on our Site, or by other means as required by applicable law.

Your continued use of our Site or services following the posting of revised Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed about our terms and conditions. If you do not agree to the revised Terms, you must stop using our Site and services.

We will make reasonable efforts to provide advance notice of material changes. However, we are not obligated to provide advance notice for changes that are (a) required by law, (b) necessary for security reasons, or (c) minor clarifications that do not materially affect your rights.

16. Severability

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

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms. The parties agree that any such invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the intent of the original provision.

The failure of Mod Pizza to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any default shall not constitute a waiver of any subsequent default. No waiver of any provision of these Terms shall be binding unless made in writing and signed by an authorized representative of Mod Pizza.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and Mod Pizza concerning your use of our Site and services and supersede all prior and contemporaneous agreements, representations, warranties, and understandings between you and Mod Pizza with respect to the subject matter hereof.

These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Mod Pizza. Neither party shall have the authority to bind the other or incur any obligations on behalf of the other.

18. Force Majeure

Mod Pizza shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, civil unrest, labor disputes, transportation disruptions, internet outages, power failures, or any other event or circumstance that is beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will make reasonable efforts to notify you and to resume performance as soon as reasonably practicable. If a Force Majeure Event continues for more than thirty (30) days, either party may terminate any affected orders or services without liability.

19. Compliance with Laws

You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of our Site and services. Without limiting the foregoing, you agree to comply with:

• The Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., governing unfair or deceptive acts or practices.
• The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, governing unauthorized computer access.
• The CAN-SPAM Act, 15 U.S.C. § 7701 et seq., governing electronic communications.
• The California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), if applicable to you as a California resident.
• All applicable state and local consumer protection laws.
• All applicable food safety and public health regulations.

20. Accessibility

Mod Pizza is committed to ensuring that our Site is accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and applicable state laws. If you experience any difficulty accessing our Site or services due to a disability, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

21. Contact Information

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

We will make every effort to respond to your inquiries within a reasonable time. For urgent food safety concerns or order issues, please contact us immediately at [email protected].