Terms of Service

Please read these Terms of Service carefully before using the website located at pizza-mod.click (the "Website") or any services provided by Mod Pizza ("Company," "we," "us," or "our"). By accessing or using our Website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately discontinue use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website at pizza-mod.click, placing an order, or engaging with any of our food services, you expressly agree to be legally bound by these Terms of Service, our Privacy Policy (incorporated herein by reference), and all applicable federal, state, and local laws and regulations of the United States. These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Mod Pizza.

If you are using our Website or services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" shall refer to that entity. If you do not have such authority, or if you do not agree to these Terms, you may not use our services.

You must be at least 13 years of age to use our Website. By using our services, you represent and warrant that you meet this age requirement. Users under the age of 18 must have parental or guardian consent to use our Website and make purchases.

2. Description of Services

Mod Pizza operates a food service business offering customers the ability to browse our menu, place food orders, learn about our products, and engage with our brand through the Website at pizza-mod.click. Our services include, but are not limited to:

• Online menu browsing and food ordering capabilities
• Customized pizza and food item creation and ordering
• Order placement, tracking, and management services
• Promotional offers, loyalty programs, and discount information
• Customer support and inquiries via email and other communication channels
• Information about locations, hours of operation, and nutritional content
• Account creation and management for registered users
• Catering and bulk order services as available

We reserve the right to modify, suspend, discontinue, or expand any aspect of our services at any time, with or without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. Menu items, pricing, availability, and service offerings are subject to change without prior notice and may vary by location.

Our services are intended for personal, non-commercial use unless otherwise expressly agreed upon in writing by Mod Pizza. Any commercial use of our services without prior written authorization is strictly prohibited.

3. User Accounts and Registration

Certain features of our Website may require you to create an account. When registering for 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, current, and complete
• Maintain the security and confidentiality of your login credentials
• Accept full responsibility for all activities that occur under your account
• Immediately notify us at [email protected] of any unauthorized use of your account or any other breach of security

We reserve the right to terminate, suspend, or restrict access to any account, at our sole discretion, if we believe that the account has been used in violation of these Terms, applicable law, or for any other reason we deem appropriate. You may not create more than one account per person without our express written consent. Accounts are non-transferable and may not be sold, assigned, or otherwise transferred to any third party.

4. User Obligations and Prohibited Activities

By using our Website and services, you agree to use them only for lawful purposes and in accordance with these Terms. You are responsible for your own conduct and all data, text, information, and other content that you submit or transmit through our Website.

4.1 General Obligations

You agree to:

• Comply with all applicable federal, state, and local laws and regulations
• Provide accurate information when placing orders or creating accounts
• Use the Website in a manner that does not infringe upon the rights of others
• Respect the intellectual property rights of Mod Pizza and third parties
• Promptly pay for all orders placed through our Website or services

4.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Using the Website for any unlawful purpose or in violation of any applicable laws or regulations
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity
• Engaging in any fraudulent activity, including placing false or fraudulent orders
• Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website
• Using any robot, spider, scraper, data mining tool, or other automated means to access, copy, or monitor any portion of the Website
• Transmitting any unsolicited commercial communications (spam) through our Website
• Uploading or transmitting viruses, malware, or any other malicious code intended to disrupt, damage, or limit the functionality of the Website
• Interfering with or disrupting the integrity or performance of the Website or the data contained therein
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Website
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Website or any part thereof
• Using our services to engage in price manipulation, coupon abuse, or any other form of commercial exploitation
• Collecting or harvesting any personally identifiable information from the Website without our express written consent
• Using the Website for any commercial solicitation purposes without prior written approval from Mod Pizza
• Posting or transmitting any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable

Violation of any of the above prohibited activities may result in immediate termination of your access to our services, and may subject you to civil and/or criminal liability under applicable law.

5. Ordering, Payment, and Pricing

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase food products and services subject to these Terms. We reserve the right to accept, decline, or cancel any order at our sole discretion. An order confirmation does not constitute our acceptance of your order; our acceptance occurs upon preparation and dispatch of the food item(s) ordered.

You are responsible for reviewing your order carefully before submitting it. Once an order is submitted, modifications may be limited depending on the stage of preparation. Please contact us immediately at [email protected] if you need to make changes or cancel an order.

5.2 Pricing and Fees

All prices listed on our Website are in United States Dollars (USD) and are subject to change without notice. We make every effort to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel the order and notify you of the correct pricing. Applicable taxes, delivery fees, and service charges will be added to your order total at checkout and are clearly displayed before you confirm your purchase.

5.3 Payment Terms

Payment for orders must be made in full at the time of order placement. We accept major credit cards, debit cards, and other payment methods as displayed on our Website at the time of checkout. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided
• The payment information you provide is accurate and complete
• You authorize us to charge the full amount of your order to your designated payment method

We use third-party payment processors and do not store full credit card numbers on our servers. Payment processing is subject to the terms and conditions of our payment processors.

5.4 Refunds and Cancellations

Our refund and cancellation policy is as follows: If you are dissatisfied with your order due to an error on our part, please contact us within 24 hours of receiving your order at [email protected]. Refunds, credits, or replacements will be issued at our sole discretion based on the specific circumstances. We are not obligated to provide refunds for orders that have been correctly prepared in accordance with your specifications.

6. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof (collectively, the "Content"), is the exclusive 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. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

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 Website solely for your personal, non-commercial purposes. This license does not include:

• Any resale or commercial use of the Website or its Content
• Any collection and use of 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 any third party
• Any use of data mining, robots, or similar data gathering and extraction tools

Any unauthorized use of our intellectual property or the Content on this Website terminates the permission or license granted by us. All rights not expressly granted in these Terms are reserved by Mod Pizza.

7. User-Generated Content

If you submit, post, or transmit any content to our Website, including reviews, comments, feedback, photographs, or other materials ("User Content"), you grant Mod Pizza a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that you own or control all rights in and to your User Content, and that such content does not violate these Terms or any applicable laws. You are solely responsible for any User Content you submit, and we take no responsibility and assume no liability for any User Content submitted by you or any third party.

We reserve the right, but are not obligated, to monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

8. Food Safety, Allergen Information, and Nutritional Disclaimers

Mod Pizza makes reasonable efforts to provide accurate nutritional information and allergen disclosures for our menu items. However, please be aware of the following important disclaimers:

Nutritional information provided on our Website is based on standard recipes and standard serving sizes. Actual nutritional content may vary due to factors including customization, ingredient variations, and preparation methods. We do not guarantee that the nutritional information on our Website is completely accurate, and you should not rely solely on this information for medical or dietary decisions.

Customers with serious food allergies or medical dietary requirements are advised to consult with a healthcare professional before consuming our products. Mod Pizza shall not be liable for any adverse reactions or health consequences resulting from consumption of our food products, except as required by applicable law.

9. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE WEBSITE 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 UNDER APPLICABLE LAW, MOD PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Website will be uninterrupted, timely, secure, or error-free
• The results obtained from use of the Website will be accurate or reliable
• The quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations
• Any errors in the Website will be corrected
• The Website is free of viruses or other harmful components

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

We make no representations or warranties regarding the accuracy, completeness, timeliness, or reliability of any Content on the Website. Any reliance you place on such information is strictly at your own risk.

10. Limitation of Liability

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

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF MOD PIZZA TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MOD PIZZA IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability set forth in this section shall apply regardless of the legal theory upon which the claim is based, including contract, tort, negligence, strict liability, or otherwise. Some states do not allow the limitation or exclusion of liability for certain types of damages, so some of the above limitations may not apply to you.

11. Indemnification

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

• Your violation of these Terms of Service
• Your use of the Website or services in any manner not expressly permitted by these Terms
• Your User Content or any content you submit, post, or transmit through the Website
• Your violation of any applicable federal, state, or local law or regulation
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or rights of publicity
• Any misrepresentation made by you
• Your fraudulent conduct or intentional misconduct

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any such matter without our prior written consent.

12. Third-Party Links and Services

Our Website 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, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or individuals, or their websites.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your interaction with third-party websites is at your own risk, and we shall not be liable for any damages or losses arising from your use of such third-party websites or services.

Any links provided on our Website do not imply endorsement or affiliation with any linked entity unless expressly stated. We reserve the right to remove any third-party links at any time without notice.

13. Privacy and Data Protection

Your use of our Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, share, and protect information about you when you use our Website and services. By using our Website, 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 Federal Trade Commission Act (FTC Act) regarding unfair or deceptive acts and practices, and, to the extent applicable, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for users who are California residents. If you are a California resident, you may have additional rights regarding your personal information as described in our Privacy Policy.

14. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to these Terms, your use of the Website or services, or any products or services provided by Mod Pizza 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 Mod Pizza is registered and operates, without regard to conflict of law principles.

You agree that any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue of any such action in such courts.

Notwithstanding the foregoing, Mod Pizza reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services informally by contacting us at [email protected] with a written description of your complaint. We will attempt to resolve the dispute through informal negotiation within thirty (30) days of receiving your notice. If the dispute cannot be resolved informally within this period, either party may proceed to formal dispute resolution.

15.2 Binding Arbitration

EXCEPT AS PROVIDED BELOW, IF WE CANNOT RESOLVE A DISPUTE INFORMALLY, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OUR WEBSITE OR SERVICES SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

You understand that by agreeing to arbitration, you are waiving your right to a jury trial. The arbitration shall take place in the United States, and the language of the arbitration shall be English. The arbitrator shall apply United States federal law and applicable state law to the substance of the dispute.

15.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR OTHER DISPUTE RESOLUTION PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF A COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER IN THIS SECTION IS UNENFORCEABLE, THE ARBITRATION AGREEMENT SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING.

15.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Additionally, claims that by law cannot be subject to arbitration are excluded from this arbitration agreement.

16. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Website or any of our services. We reserve the right, in our sole discretion, to:

• Terminate or suspend your access to all or part of the Website immediately, with or without cause, with or without notice
• Delete your account and all associated information if we believe you have violated these Terms
• Pursue any other remedies available at law or in equity

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

The following provisions shall survive termination of these Terms: Sections relating to Intellectual Property Rights, User-Generated Content, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination.

17. Changes to These Terms

We reserve the right to modify, update, or revise these Terms of Service at any time, in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. In the case of material changes, we may provide additional notice to you, such as by sending an email to the address associated with your account or by posting a prominent notice on our Website.

Your continued use of the Website or our services following the posting of revised Terms constitutes your acceptance of the changes. It is your responsibility to check this page periodically for changes. If you do not agree with the modified Terms, you must stop using our Website and services immediately.

We will maintain an archive of previous versions of these Terms upon reasonable request. Please contact us at [email protected] if you wish to review a prior version.

18. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or an 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, eliminated from these Terms. The invalidity, illegality, or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms, and all remaining provisions shall continue in full force and effect.

The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of any breach of any provision of these Terms shall not be construed as a waiver of any subsequent breach of the same or any other provision.

19. Entire Agreement and Waiver

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

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mod Pizza. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

20. Force Majeure

Mod Pizza shall not be liable for any failure or delay in performance of our obligations under these Terms arising from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government restrictions, war, terrorism, civil unrest, labor disputes, power outages, internet disruptions, or supply chain interruptions. In such events, our obligations shall be suspended for the duration of the force majeure event, and we shall use reasonable efforts to resume normal operations as soon as practicable.

21. Electronic Communications and Consent

By using our Website and services, you consent to receive electronic communications from us, including emails, text messages, and notifications. 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.

You may opt out of receiving marketing communications from us at any time by following the unsubscribe instructions included in our emails or by contacting us at [email protected]. However, please note that opting out of marketing communications will not affect transactional or service-related communications necessary for your use of our services.

22. Accessibility

Mod Pizza is committed to ensuring that our Website is accessible to individuals with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA). We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience any difficulty accessing our Website or services, please contact us at [email protected] so that we may assist you and work to improve accessibility.

23. Contact Information

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

We will make every effort to respond to your inquiries in a timely manner. For urgent matters regarding food safety or allergic reactions, please contact local emergency services immediately.