Terms of Service

Please read these Terms of Service carefully before using the website located at meal-modpizza.rest or any related services offered by Mod Pizza. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you are prohibited from using or accessing this site.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Mod Pizza ("Company," "we," "us," or "our"), governing your access to and use of the website meal-modpizza.rest, including all content, features, functionality, and services offered through the website (collectively, the "Services").

By visiting our website, placing an order, creating an account, subscribing to our communications, or otherwise engaging with our Services in any manner, you expressly agree to these Terms. Your continued use of the website after any modifications to these Terms constitutes your acceptance of the revised Terms. These Terms apply to all visitors, users, customers, and others who access or use the Services.

If you are using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case, "you" and "your" will refer to that entity. If you do not have such authority, or if you do not agree with these Terms, you must not use our Services.

These Terms incorporate by reference our Privacy Policy, which is also available on our website. Together, these documents govern your relationship with Mod Pizza.

2. Description of Services

Mod Pizza operates as a food service business providing customers with the ability to browse our menu, place food orders for pickup or delivery, make reservations or inquiries, and engage with our brand through our digital platforms. Our Services include, but are not limited to:

• Online ordering of food and beverages through our website
• Display and promotion of our current menu, pricing, and nutritional information
• Customer account creation and management
• Loyalty program participation and rewards tracking
• Promotional offers, coupons, and discount code redemption
• Customer support and communication channels
• Gift card purchase and redemption services
• Catering inquiry and order placement services
• Email newsletters and marketing communications (with opt-in consent)

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 or any third party. We may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.

Our food and beverage offerings are subject to availability. Menu items, pricing, ingredients, and nutritional information may vary by location and are subject to change without notice. Images displayed on our website are for illustrative purposes only and may not exactly represent the final product.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the confidentiality of your account credentials and accept responsibility for all activities that occur under your account
• Use the Services only for lawful purposes and in compliance with these Terms
• Comply with all applicable federal, state, and local laws, regulations, and ordinances
• Notify us immediately of any unauthorized use of your account or any other breach of security
• Be at least 13 years of age to use our Services; if you are under 18, you must have parental or guardian consent
• Pay for all orders placed through our Services in full and in a timely manner

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities when using our Services:

• Using our website for any unlawful purpose or in violation of any federal, state, or local law or regulation
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity
• Engaging in any fraudulent activity, including but not limited to submitting false orders, using stolen payment credentials, or abusing refund policies
• Attempting to gain unauthorized access to any portion or feature of our website, or to any other systems or networks connected to our website
• Using any automated means, including bots, scrapers, spiders, or data mining tools, to access, collect, or copy any content from our website without our prior written consent
• Interfering with or disrupting the integrity or performance of our Services or the data contained therein
• Uploading, posting, or transmitting any content that is harmful, offensive, defamatory, obscene, fraudulent, or otherwise objectionable
• Attempting to reverse engineer, decompile, or disassemble any software used in connection with our Services
• Collecting or harvesting any personally identifiable information from our website without authorization
• Using our Services to send unsolicited communications (spam) to any person
• Reproducing, duplicating, copying, selling, or exploiting any portion of our Services for commercial purposes without our express written permission
• Circumventing, disabling, or otherwise interfering with any security-related features of our website
• Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of our Services

We reserve the right to terminate your access to our Services immediately, without prior notice, if we determine in our sole discretion that you have violated any of these prohibitions or any other provision of these Terms.

4. Intellectual Property Rights

All content on the meal-modpizza.rest website, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the compilation thereof (collectively, "Content"), is the property of Mod Pizza or its content suppliers 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 names, logos, product and service names, designs, and slogans are trademarks of Mod Pizza or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the website and its Content solely for your personal, non-commercial use in connection with our Services. This license does not include:

• Any resale or commercial use of the website or its Content
• Any collection and use of any product listings, descriptions, or prices
• Any derivative use of the website or its Content
• Any downloading or copying of account information for the benefit of another merchant
• Any use of data mining, robots, or similar data gathering and extraction tools

Any unauthorized use terminates the permission or license granted by Mod Pizza. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this website or any portion of it unless expressly permitted by us in writing.

5. Payment Terms

5.1 Pricing and Payment

All prices displayed on our website are in United States Dollars (USD) and are subject to change without notice. We reserve the right to modify pricing at any time. The price applicable to your order will be the price displayed at the time you complete your purchase.

We accept various forms of payment, including major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as indicated on our website. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order, including applicable taxes, fees, and delivery charges.

5.2 Taxes

You are responsible for all applicable federal, state, and local taxes associated with your purchase. Where required by law, we will collect and remit sales tax on your behalf.

5.3 Order Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. We reserve the right to accept or decline your order for any reason at any time after receipt of your order. We may require additional verification or information before accepting an order.

5.4 Refunds and Cancellations

Refund and cancellation policies vary depending on the nature of your order. Food orders that have already been prepared may not be eligible for a full refund. If you believe your order was incorrect or unsatisfactory, please contact our customer support team promptly. We will review each situation on a case-by-case basis and may offer a refund, credit, or replacement at our sole discretion. Gift card sales are generally final and non-refundable unless required by applicable law.

5.5 Promotional Offers and Discounts

Promotional offers, discount codes, and coupons are subject to specific terms and conditions and may not be combined with other offers unless expressly stated. We reserve the right to discontinue or modify any promotion at any time.

6. Limitation of Liability

To the fullest extent permitted by applicable law, Mod Pizza, its officers, directors, employees, agents, licensors, suppliers, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) our Services
• Any conduct or content of any third party on our Services
• Any content obtained from our Services
• Unauthorized access, use, or alteration of your transmissions or content
• Any errors, mistakes, or inaccuracies of content on our website
• Personal injury or property damage of any nature whatsoever resulting from your use of our Services
• Any bugs, viruses, trojan horses, or the like which may be transmitted through our Services by any third party
• Any interruption or cessation of transmission to or from our Services

Whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

In no event shall our total aggregate liability to you for all claims arising out of or relating to these Terms or your use of our Services exceed the greater of (a) the total amount you paid to us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

7. Disclaimers

7.1 As-Is Basis

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOD PIZZA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• Our Services will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• Our Services are free of viruses or other harmful components
• The results of using our Services will meet your requirements
• The information provided on our website is accurate, complete, reliable, current, or error-free

7.2 Food and Allergen Information

While we make reasonable efforts to provide accurate nutritional and allergen information, we cannot guarantee that our menu items are free from any specific allergen. Our food is prepared in facilities that handle common allergens including nuts, dairy, gluten, eggs, soy, and others. Customers with food allergies or dietary restrictions should exercise caution and consult with our staff directly before placing an order. We are not responsible for adverse reactions arising from undisclosed allergen sensitivities.

7.3 Third-Party Links

Our website may contain links to third-party websites 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, or practices of any third-party websites or services. We strongly advise you to review the terms and privacy policy of any third-party website you visit.

8. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza and its subsidiaries, affiliates, officers, agents, co-branders, partners, employees, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys' fees) arising from or relating to:

• Your use of and access to our Services
• Your violation of any term of these Terms of Service
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your use of our Services caused damage to a third party
• Your violation of any applicable federal, state, or local law or regulation
• Any fraudulent, false, or misleading information you have provided to us
• Your willful misconduct or gross negligence

This defense and indemnification obligation will survive the termination of these Terms and 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 with our defense of such claims.

9. 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 the applicable laws of the state in which our principal place of business is located, without regard to its conflict of law provisions.

These Terms are subject to applicable federal laws, including the Federal Trade Commission Act (FTC Act) governing unfair or deceptive business practices, and, where applicable, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for users who are California residents.

You agree that any legal action or proceeding between you and Mod Pizza arising out of or relating to these Terms or your use of our Services shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

If you are a consumer in a jurisdiction that requires disputes to be resolved in a specific manner, those local laws may apply to you notwithstanding the foregoing.

10. Dispute Resolution

10.1 Informal Resolution

Before filing a formal legal claim, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within thirty (30) calendar days of receipt of your notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution as described below.

10.2 Binding Arbitration

Except as otherwise provided herein, any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be submitted to and finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are incorporated by reference into this provision. The arbitration shall be conducted in English and in the United States.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The costs of arbitration, including the arbitrator's fees, shall be shared equally by the parties unless the arbitrator determines that a different allocation is appropriate under the circumstances.

10.3 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. 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.

10.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information. Claims of less than $10,000 USD may, at the claimant's election, be resolved through small claims court rather than arbitration.

11. Term and Termination

11.1 Term

These Terms of Service remain in full force and effect for as long as you access or use our Services. Certain provisions of these Terms, by their nature, shall survive termination, including but not limited to intellectual property provisions, disclaimers, indemnification, limitation of liability, and dispute resolution provisions.

11.2 Termination by You

You may stop using our Services at any time. If you have an account with us, you may request deletion of your account by contacting us at [email protected]. Please note that we may retain certain information as required by law or for legitimate business purposes, as described in our Privacy Policy.

11.3 Termination by Us

We reserve the right to terminate or suspend your access to our Services, with or without notice and without liability to you, for any reason, including but not limited to:

• Violation of these Terms of Service
• Engaging in fraudulent, illegal, or abusive behavior
• If we discontinue providing our Services
• At our sole discretion, for any other reason we deem appropriate

11.4 Effect of Termination

Upon termination of your access, your right to use our Services will immediately cease. Any outstanding orders at the time of termination will be handled at our discretion. We shall not be liable to you or any third party for any termination of your access to our Services.

12. Changes to Terms

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. We will notify you of any material changes by posting the new Terms on our website with a revised "Last Updated" date, and in some cases, we may also send you an email notification if you have provided us with your email address.

Your continued use of our Services after any such changes are posted will constitute your acknowledgment of the modified Terms and your agreement to abide by and be bound by the modified Terms. We encourage you to review these Terms periodically to stay informed of any updates.

If you do not agree to the modified Terms, you must stop using our Services immediately. Changes will be effective immediately upon posting unless we indicate otherwise. For material changes that significantly affect your rights, we will endeavor to provide at least thirty (30) days' notice before the changes take effect.

13. California Residents — Additional Rights

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), which may include:

• The right to know what personal information we collect, use, disclose, or sell
• The right to request deletion of your personal information
• The right to opt out of the sale or sharing of your personal information
• The right to non-discrimination for exercising your privacy rights
• The right to correct inaccurate personal information
• The right to limit the use of sensitive personal information

To exercise these rights, please contact us at [email protected]. We will not discriminate against you for exercising any of your privacy rights. For more information, please refer to our Privacy Policy.

14. Children's Privacy

Our Services are not directed to children under the age of 13. We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your child has provided us with personal information without your consent, please contact us immediately at [email protected]. If we discover that a child under 13 has provided us with personal information, we will promptly delete such information from our servers in compliance with the Children's Online Privacy Protection Act (COPPA).

Users between the ages of 13 and 18 may only use our Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

15. Force Majeure

Mod Pizza shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, war, government action, labor disputes, power outages, internet or telecommunications failures, or other events of force majeure. In the event of a force majeure event, our obligations under these Terms shall be suspended for the duration of the event.

16. Electronic Communications

By using our Services and providing your email address, you consent to receive electronic communications from us, including emails regarding your orders, account information, promotional materials (subject to your opt-in consent), and updates to these Terms. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you wish to opt out of promotional communications, you may do so by clicking the "unsubscribe" link in any promotional email or by contacting us directly at [email protected]. Please note that you may still receive transactional communications related to your orders or account even after opting out of promotional communications.

17. Entire Agreement

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

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

18. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions of these Terms will continue in full force and effect and shall not be affected or impaired by the invalidity, illegality, or unenforceability of any individual provision.

The parties intend that these Terms shall be enforced to the maximum extent permissible under applicable law, and that the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision hereof.

19. Waiver

Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. Any waiver of these Terms by Mod Pizza must be in writing and signed by an authorized representative of Mod Pizza to be valid. A waiver by us of any breach or default of any provision of these Terms shall not be construed as a waiver of any subsequent breach or default.

20. Assignment

You may not assign or transfer these Terms or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without such consent shall be null and void. We may freely assign these Terms or any of our rights or obligations hereunder to any affiliate, successor, or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets without notice to you.

21. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, please do not hesitate to contact us through any of the following means:

We will make every effort to respond to your inquiries within a reasonable timeframe. For urgent matters or complaints, we encourage you to contact us by email so that we may address your concerns promptly and efficiently.