Terms of Service

Please read these Terms of Service carefully before using our website or services. By accessing or using goodmodpizza.rest, you agree to be bound by these Terms of Service in their entirety.

1. Acceptance of Terms

Welcome to Mod Pizza (hereinafter referred to as "Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Mod Pizza governing your access to and use of the website located at goodmodpizza.rest (the "Site"), including all content, features, services, and functionality offered through the Site.

By visiting, browsing, registering, or otherwise using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease all use of the Site and our services.

These Terms apply to all visitors, users, customers, and any other individuals who access or use our services. We reserve the right to modify, update, or revise these Terms at any time, and your continued use of the Site following any changes constitutes your acceptance of the revised Terms.

You represent and warrant that you are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), that you have obtained verifiable parental or legal guardian consent to use our services. Individuals under the age of thirteen (13) are strictly prohibited from using this Site.

2. Description of Services

Mod Pizza is a food service business engaged in the preparation, sale, and delivery of pizza and related food and beverage products. Through our Site, we offer the following services and features:

• Online Menu Browsing: Users may view our full menu, including descriptions, pricing, ingredients, and nutritional information for all available food and beverage items.
• Online Ordering: Users may place orders for pickup or delivery through our digital platform, subject to availability and delivery zone restrictions.
• Account Registration: Users may create a personal account to manage orders, save preferences, and access loyalty rewards or promotional offers.
• Customer Support: We provide customer service via email and other available channels to address inquiries, complaints, and order-related concerns.
• Promotional Communications: With your consent, we may send promotional emails, newsletters, and special offers related to our food products and services.
• Catering and Group Orders: We may offer catering services and bulk ordering options for events, corporate functions, and group gatherings, subject to advance notice and availability.

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. Availability of menu items, pricing, and delivery zones may vary and are subject to change without prior notice.

All food items offered are subject to availability and applicable local health codes, food safety regulations, and standards set by the United States Food and Drug Administration (FDA) and relevant state and local health authorities. We make reasonable efforts to accommodate dietary restrictions and allergen concerns; however, we cannot guarantee that any food item is completely free from allergens due to shared preparation environments.

3. User Accounts and Registration

To access certain features of our Site, including online ordering and loyalty programs, you may be required to create a user account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, including your username and password.

You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to protect your account information.

We reserve the right to suspend or terminate your account at our sole discretion, without notice, if we reasonably believe that you have violated these Terms or engaged in any fraudulent, abusive, or otherwise harmful activity.

4. User Obligations and Prohibited Activities

By using our Site and services, you agree to use them solely for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations, including but not limited to the Federal Trade Commission Act (FTC Act), the Computer Fraud and Abuse Act (CFAA), and any applicable state consumer protection laws.

4.1 User Obligations

You agree to:

• Provide accurate, truthful, and current information when registering, placing orders, or communicating with us.
• Use the Site only for personal, non-commercial purposes unless expressly authorized in writing by Mod Pizza.
• Comply with all applicable laws and regulations in connection with your use of our Site and services.
• Promptly pay all charges, fees, and applicable taxes associated with orders placed through the Site.
• Maintain the security of your account credentials and notify us of any unauthorized access.
• Treat all Company personnel, agents, and representatives with respect and courtesy.

4.2 Prohibited Activities

You are expressly prohibited from engaging in any of the following activities:

• Using the Site for any fraudulent, deceptive, or misleading purpose, including placing false or fictitious orders.
• Attempting to gain unauthorized access to any portion of the Site, server, or network connected to the Site.
• Introducing any virus, malware, spyware, ransomware, or other harmful code into our systems or network.
• Scraping, crawling, or otherwise extracting data from the Site using automated tools without our express written consent.
• Impersonating any person or entity, including Mod Pizza employees, representatives, or other users.
• Circumventing, disabling, or interfering with security-related features of the Site.
• Using the Site in any manner that could damage, disable, overburden, or impair its functionality or infrastructure.
• Engaging in any conduct that restricts or inhibits any other user's ability to use or enjoy the Site.
• Posting, transmitting, or distributing any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable.
• Reselling, reproducing, or commercially exploiting any portion of our Site, services, or content without prior written authorization.
• Using our services to engage in any activity that constitutes a criminal offense or gives rise to civil liability.
• Violating any applicable federal, state, or local laws, regulations, or ordinances.

Violation of any of the above prohibitions may result in immediate termination of your account, denial of service, and potential legal action as permitted by applicable law.

5. Intellectual Property Rights

All content available on or through the Site, including but not limited to text, graphics, logos, images, photographs, video clips, audio recordings, menu designs, software, data compilations, and the overall look and feel of the Site (collectively, "Content"), is the exclusive property of Mod Pizza or its content suppliers and licensors, and is protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, and patent laws.

The Mod Pizza name, logo, and all related product names, design marks, and slogans are trademarks or service marks of the Company. Nothing in these Terms shall be construed as granting any license or right to use any trademark, service mark, or trade name of Mod Pizza without our prior written consent. All other trademarks and service marks appearing on the Site are the property of their respective owners.

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

• Reproduce, distribute, publicly display, or publicly perform any Content from the Site;
• Modify, adapt, translate, create derivative works from, or reverse engineer any portion of the Site;
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices embedded in the Content;
• Use any Content for commercial purposes without our express written authorization.

Any unauthorized use of our intellectual property may result in legal action and remedies as provided by applicable law, including the Digital Millennium Copyright Act (DMCA) and Title 17 of the United States Code.

6. Payment Terms

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes will be calculated and added to your order total at checkout in accordance with federal, state, and local tax regulations.

By placing an order through our Site, you authorize us to charge the payment method you provide for the total amount of your order, including applicable taxes, service fees, and delivery charges. You represent and warrant that you are authorized to use the payment method provided and that the billing information you submit is accurate and complete.

We accept major credit cards, debit cards, and other payment methods as indicated on the checkout page. All payment transactions are processed through secure, third-party payment processors. We do not store your complete credit card information on our servers.

All sales are final upon confirmation of your order. Refunds or credits may be issued at our sole discretion in cases of order errors attributable to our fault, product quality issues, or other extenuating circumstances. To request a refund or report an issue, please contact us at [email protected] within forty-eight (48) hours of receiving your order.

We reserve the right to cancel any order at our discretion, including in cases of suspected fraud, pricing errors, or unavailability of items. In such cases, a full refund will be issued to the original payment method.

7. Delivery and Pickup

Delivery services are subject to geographic availability and may not be offered in all areas. Estimated delivery times provided at checkout are approximations only and may vary due to weather conditions, traffic, order volume, or other factors beyond our control. We do not guarantee delivery by any specific time and shall not be liable for delays.

If you choose pickup, your order will be prepared according to the estimated time provided at checkout. We are not responsible for any degradation in food quality resulting from delays in pickup after the designated ready time.

8. Disclaimers

THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOD PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, 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 FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION AVAILABLE ON THE SITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED.

We do not warrant that the results obtained from using our services will meet your expectations or requirements. Nutritional and allergen information provided on our Site is offered for informational purposes only and may not be fully accurate due to variations in ingredients, preparation methods, and supplier changes. Users with severe food allergies or dietary restrictions are strongly advised to consult with our staff directly before placing an order.

Nothing in these disclaimers shall limit or exclude any warranty that cannot be excluded under applicable federal or state law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
• ANY CONTENT POSTED, TRANSMITTED, OR RECEIVED FROM OR THROUGH THE SITE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL ELEMENTS TRANSMITTED BY THIRD PARTIES THROUGH THE SITE.

IN NO EVENT SHALL OUR AGGREGATE 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 PAID BY YOU TO MOD PIZZA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, 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.

Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited by applicable law.

10. Indemnification

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

• Your violation of any provision of these Terms;
• Your use or misuse of the Site or our services;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your infringement of any intellectual property or other rights of any third party;
• Any content or information you submit, post, or transmit through the Site;
• Your negligent or willful misconduct;
• Any claim by a third party arising out of your use of our services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with our defense of such claims. You shall not settle any claim without our prior written consent.

11. Third-Party Links and Services

Our Site may contain links to third-party websites, applications, or services that are not owned or controlled by Mod Pizza. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party sites or services. We do not endorse or warrant the offerings of any third parties linked through our Site.

Your use of third-party websites is governed by the terms and conditions and privacy policies of those respective sites. We strongly encourage you to review the applicable terms and privacy policies of any third-party site you visit. We shall not be liable for any damages or losses caused by your use of or reliance on any third-party website, product, or service.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without giving effect to any choice or conflict of law provision or rule. Specifically, to the extent applicable based on the location of our operations, the laws of the state in which our principal place of business is located shall govern.

These Terms are also subject to applicable federal laws and regulations, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which prohibits unfair or deceptive acts or practices in commerce, and the Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.).

Any legal action or proceeding arising out of or relating to these Terms or your use of our services that is not subject to binding arbitration as described in Section 13 below shall be brought exclusively in the federal or state courts of competent jurisdiction located within the United States, and you irrevocably consent to personal jurisdiction and venue in such courts. You waive any objection to the laying of venue in such courts and any claim that such courts are an inconvenient forum.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

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

13.2 Binding Arbitration

If the parties are unable to resolve a dispute through informal means, 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 to the use of the Site or services (collectively, "Disputes"), shall be resolved by binding arbitration, rather than in court, except that either party may assert individual claims in small claims court if such claims qualify.

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

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 PROCEEDING. 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 to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction in order to prevent irreparable harm pending the resolution of a dispute through arbitration. Nothing in this section shall prevent us from pursuing claims for the protection of our intellectual property rights in a court of law.

14. Term and Termination

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

• Terminate or suspend your access to the Site or your account at any time, for any reason, including but not limited to violation of these Terms;
• Remove, restrict, or block any content that we determine, in our sole discretion, is in violation of these Terms or otherwise objectionable;
• Discontinue all or any portion of the Site or services, temporarily or permanently.

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

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

15. Changes to These 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 notify you by updating the "Last Updated" date at the top of this page and, where appropriate, by sending a notification to the email address associated with your account.

Your continued use of the Site or services after the effective date of any revised Terms constitutes your acceptance of and agreement to the modified Terms. If you do not agree to the modified Terms, you must discontinue your use of the Site and, if applicable, delete your account.

We encourage you to review these Terms periodically to stay informed about our policies and any changes. In the event of a conflict between a prior version of these Terms and the current version, the current version shall control.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or contrary to applicable law, such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect any other provision, and these Terms shall be construed as if such invalid or unenforceable provision had never been contained herein.

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or of any other term or condition. Our failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement

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

These Terms may not be amended, modified, or supplemented by you except as expressly provided herein. Any purported amendment not made in accordance with these Terms shall be void and of no effect.

18. Force Majeure

Mod Pizza shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, fire, floods, earthquakes, epidemics or pandemics, acts of terrorism, war, civil unrest, strikes or labor disputes, government regulations or restrictions, internet or telecommunications failures, or any other cause beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will use commercially reasonable efforts to mitigate the impact on our services and resume normal operations as soon as practicable.

19. Electronic Communications

By using our Site or communicating with us by electronic means, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or through the Site, satisfy any legal requirement that such communications be in writing.

You further agree that we may send you promotional and informational emails related to our products and services, subject to your right to opt-out of such communications at any time by clicking the "unsubscribe" link in any such email or by contacting us at [email protected].

20. Accessibility

Mod Pizza is committed to ensuring that our Site is accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1, to the extent reasonably practicable. If you experience any difficulty accessing our Site, please contact us at [email protected] so that we may assist you.

21. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, please do not hesitate to contact us using the information provided below. We will make reasonable efforts to respond to your inquiry within a timely manner.