Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at mod-pizz.rest (the "Site") or any services offered by Mod Pizza ("Company," "we," "us," or "our"). By accessing or using our Site, placing an order, or otherwise engaging with our services, you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations of the United States.

If you do not agree to these Terms in their entirety, you must immediately discontinue use of this Site and our services. Your continued use of the Site following any modifications to these Terms constitutes your acceptance of those modifications.

1. Acceptance of Terms

By visiting, browsing, or using the Site in any manner — including but not limited to placing online food orders, accessing menus, creating an account, or subscribing to promotional communications — you expressly agree to be legally bound by these Terms of Service. This agreement is entered into between you and Mod Pizza, and it governs your entire relationship with our Site and services.

You represent and warrant that you are at least 18 years of age, or if you are between the ages of 13 and 17, that you are using the Site with the knowledge, supervision, and consent of a parent or legal guardian who also agrees to be bound by these Terms. Users under 13 years of age are not permitted to use this Site.

These Terms constitute a legally binding contract under applicable United States federal and state law. If you are using the Site on behalf of an organization or entity, you represent and warrant that you have the authority to bind such organization to these Terms, and references to "you" herein shall apply to both you individually and the organization you represent.

2. Description of Services

Mod Pizza is a food service company operating in the United States that provides customers with the ability to:

• Browse our menu offerings, including pizzas, salads, beverages, and other food and drink items;
• Place online orders for pickup or delivery through our Site or affiliated third-party platforms;
• Create and manage a personal user account for streamlined ordering and personalized experience;
• Access promotional offers, loyalty rewards, and special deals from time to time;
• Receive updates, newsletters, and marketing communications (with your consent where required by law);
• Interact with our customer service team for inquiries, complaints, or support.

Our services are intended for personal, non-commercial use only, unless otherwise expressly authorized in writing by Mod Pizza. We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice, and we shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

All food and beverage items offered through our Site are subject to availability. Prices, menu items, and promotions are subject to change at any time without prior notice. We make every reasonable effort to display accurate information on our Site; however, we do not warrant that menu descriptions, pricing, or availability information are complete, current, or free of errors.

3. User Accounts and Registration

Certain features of our Site may require you to register for a user account. When creating 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 complete;
• Keep your login credentials, including your password, confidential and secure;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any breach of security;
• Accept full responsibility for all activities that occur under your account.

We reserve the right to suspend, terminate, or refuse to create your account at our sole discretion, including but not limited to instances where we believe you have violated these Terms or where we determine that your account poses a risk to the security of our systems or other users.

You may not transfer your account to any other person or entity. You may not use another person's account without their express permission.

4. User Obligations and Prohibited Activities

By using our Site and services, you agree to act in accordance with all applicable laws and these Terms. You further agree not to engage in any of the following prohibited activities:

4.1 General Prohibited Conduct

• Using the Site for any unlawful, fraudulent, or unauthorized purpose;
• Submitting false, misleading, or inaccurate information in any form, including order details, personal information, or payment information;
• Attempting to circumvent, disable, or interfere with the security features of the Site;
• Using any automated means, such as bots, crawlers, scrapers, or data mining tools, to access, collect, or copy data from our Site without our express written permission;
• Transmitting any spam, unsolicited commercial communications, or chain messages to other users or through our Site;
• Impersonating any person or entity, including our employees, agents, or other users;
• Uploading or transmitting any content that is defamatory, obscene, discriminatory, threatening, harassing, or otherwise objectionable;
• Attempting to gain unauthorized access to any portion of the Site, server infrastructure, or related systems.

4.2 Prohibited Commercial Activities

• Reselling or redistributing any products or services purchased through our Site for commercial gain without express written authorization;
• Using our Site to collect or harvest personal information of other users;
• Using our intellectual property, branding, or content for commercial purposes without prior written consent;
• Interfering with or disrupting the proper operation of the Site or the servers and networks connected to it.

Violation of any of these prohibitions may result in immediate termination of your account and access to our services, and may also expose you to civil and/or criminal liability under applicable federal and state law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state computer crime statutes.

5. Online Orders, Payment, and Pricing

5.1 Order Placement

When you place an order through our Site, you are making an offer to purchase products subject to these Terms. We reserve the right to accept or decline any order at our sole discretion. An order is confirmed only when you receive a confirmation email or notification from us.

5.2 Pricing and Taxes

All prices displayed on our Site are in United States Dollars (USD) and are exclusive of applicable taxes unless otherwise stated. Applicable sales taxes will be calculated and added to your order total based on the delivery or pickup location and applicable state and local tax law. We reserve the right to change prices at any time without prior notice.

5.3 Payment Methods

We accept various payment methods as indicated on our Site at the time of checkout, which may include major credit cards, debit cards, and other electronic payment methods. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge the full order amount, including taxes and applicable fees, to that payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of our food products, all sales are generally final. If you experience an issue with your order — such as receiving incorrect items or items that do not meet our quality standards — please contact us promptly at [email protected]. We will evaluate each situation on a case-by-case basis and, at our sole discretion, may offer a replacement, store credit, or refund as appropriate. Cancellations may only be made before an order has been prepared. Once preparation has begun, cancellations may not be accepted.

5.5 Promotions and Discounts

Promotional offers, discount codes, and loyalty rewards are subject to their own specific terms and expiration dates. We reserve the right to modify or terminate any promotion at any time without notice. Promotional codes may not be combined unless expressly stated. Abuse of promotional offers, including but not limited to creating multiple accounts to exploit a promotion, is strictly prohibited and may result in account termination.

6. Intellectual Property Rights

All content available on or through our Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, software, data compilations, and other materials (collectively, "Content"), is the exclusive property of Mod Pizza or its licensors and is protected by United States copyright law (17 U.S.C. § 101 et seq.), trademark law (15 U.S.C. § 1051 et seq.), and other applicable intellectual property laws.

The Mod Pizza name, logo, and all related product and service names, design marks, and slogans are trademarks or registered trademarks of Mod Pizza. You may not use any of our trademarks, service marks, or trade dress without our prior written consent. Nothing in these Terms grants you any right or license to use our intellectual property.

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 solely for your personal, non-commercial purposes. This license does not permit you to:

• Reproduce, distribute, publicly display, or create derivative works of any Content;
• Use any Content for commercial purposes without our express written consent;
• Remove or alter any copyright, trademark, or other proprietary notices from any Content;
• Use any data mining, robots, or similar data gathering methods in connection with our Site.

If you believe that any content on our Site infringes your intellectual property rights, please notify us in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) by contacting us at [email protected] with a detailed description of the alleged infringement.

7. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or platforms, including but not limited to delivery platforms, social media sites, and payment processors. These links are provided solely for your convenience and do not constitute an endorsement by Mod Pizza of the content, products, or services available on those third-party sites.

We have no control over the content or policies of third-party websites and are not responsible for any transactions, communications, or disputes that arise between you and any third party. Your interactions with third-party sites and services are governed by their respective terms and privacy policies, and you access them at your own risk.

8. 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 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, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION AVAILABLE ON THE SITE;
• WARRANTIES RELATED TO THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS FOR PERSONS WITH SPECIFIC DIETARY RESTRICTIONS, ALLERGIES, OR MEDICAL CONDITIONS.

We strongly recommend that customers with food allergies, dietary restrictions, or medical conditions consult with our staff directly and exercise appropriate caution when placing orders. While we endeavor to provide accurate allergen and ingredient information, we cannot guarantee that our products are free from cross-contamination.

The disclaimers set forth herein apply to the fullest extent permitted under the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and all other applicable federal and state consumer protection laws.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, OUR SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR DATA;
• BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL CODE TRANSMITTED THROUGH THE SITE BY ANY THIRD PARTY.

In no event shall our total cumulative liability to you for all claims arising out of or related to these Terms or your use of the Site exceed the greater of: (a) the total amount you paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) One Hundred United States Dollars ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of certain categories of damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law. Nothing in this Section shall limit our liability for gross negligence, willful misconduct, fraud, or any liability that cannot be excluded by law.

10. Indemnification

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

• Your violation of these Terms;
• Your use of our Site or services in a manner not authorized by these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any content or information you submit, post, or transmit through our Site;
• Any misrepresentation made by you in connection with the use of our services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate fully with us in asserting any available defenses.

11. Privacy and Data Protection

Your use of our Site is also governed by our Privacy Policy, which is incorporated herein by reference. By using our Site, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. We comply with all applicable federal and state privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act as it pertains to unfair or deceptive practices in data handling.

For any privacy-related inquiries or requests, please contact us at [email protected].

12. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or your use of our Site and services shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Mod Pizza maintains its principal place of business, without regard to its conflict of law provisions.

Subject to the arbitration provisions set forth in Section 13 below, you and Mod Pizza agree to submit to the exclusive personal jurisdiction of the state and federal courts located within the United States for the resolution of any disputes not subject to arbitration. You waive any objection to venue in such courts based on improper venue or inconvenient forum.

To the extent any claim is brought by or against a California resident, such claim may also be subject to additional protections under the California Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.) and other California consumer protection statutes, which shall be applied in accordance with their terms.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal action, you agree to first contact us at [email protected] and attempt to resolve any dispute informally. We will use good faith efforts to resolve any dispute within thirty (30) days of receiving your written notice describing the nature and basis of the claim and the relief sought.

13.2 Binding Arbitration

If informal resolution is unsuccessful, and except as expressly provided below, 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 your use of our services, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive the termination of these Terms.

13.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MOD PIZZA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. Additionally, claims that fall within the jurisdiction of small claims courts may be brought in such courts, provided the dispute qualifies and remains in such court on an individual basis.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use or access our Site or services. We reserve the right, in our sole discretion and without prior notice, to:

• Suspend or terminate your access to the Site or any portion thereof;
• Delete or deactivate your user account;
• Refuse service to any individual or entity;
• Discontinue any feature or service offered through the Site.

Upon termination of your account or access for any reason, all licenses and rights granted to you under these Terms will immediately cease. Sections of these Terms that by their nature should survive termination — including but not limited to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution — shall survive any termination or expiration of these Terms.

You may also terminate your account at any time by contacting us at [email protected] and requesting account deletion, subject to the resolution of any outstanding orders or obligations.

15. Changes to These Terms

We reserve the right to update, amend, or modify these Terms at any time, in our sole discretion, without prior individual notice to you. When we make material changes to these Terms, we will indicate the updated effective date at the top of this page and, where feasible, provide notice through our Site or via email.

Your continued use of our Site or services after any such changes have been posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of your rights and obligations. If you do not agree to the revised Terms, you must discontinue use of our Site and services immediately.

Changes to these Terms shall not apply retroactively to disputes that arose before the effective date of the revised Terms, unless expressly agreed upon by both parties.

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 remaining provisions of these Terms shall continue in full force and effect and shall be construed as if such invalid, illegal, or unenforceable provision had never been included.

The parties agree that a court or arbitrator shall have the authority to modify any invalid provision in a manner that most closely approximates the intent of the original provision, consistent with applicable law.

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 Site, constitute the entire agreement between you and Mod Pizza with respect to your use of the Site and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

No waiver of any provision of these Terms by Mod Pizza shall be deemed a further or continuing waiver of such provision or any other provision, and Mod Pizza's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

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, pandemics, epidemics, government actions, civil unrest, labor disputes, telecommunications failures, power outages, or supply chain disruptions. In such events, our obligations will be suspended for the duration of the force majeure event, and we will use reasonable efforts to resume performance as soon as practicable.

19. Electronic Communications

By using our Site or communicating with us electronically, you consent to receive communications from us in electronic form, including via email or through notices posted on our Site. You agree that all terms, conditions, agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.).

20. Accessibility

Mod Pizza is committed to making our Site accessible to individuals with disabilities in compliance with applicable federal law, including the Americans with Disabilities Act (ADA, 42 U.S.C. § 12181 et seq.) and relevant Web Content Accessibility Guidelines (WCAG). If you experience difficulty accessing any portion of our Site due to a disability, please contact us at [email protected], and we will make reasonable efforts to assist you.

21. Contact Information

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

We will make every reasonable effort to respond to all inquiries within five (5) business days. For urgent matters related to food safety or order emergencies, please contact us directly via email and mark your subject line as "URGENT."