Terms of Service

Please read these Terms of Service carefully before using our website or services. By accessing or using modpizza-cheese.rest, you agree to be legally bound by these Terms of Service.

1. Acceptance of Terms

Welcome to Mod Pizza. 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 located at modpizza-cheese.rest (the "Website") and all related food services, online ordering systems, and associated platforms operated by us.

By accessing this Website, placing an order, creating an account, or otherwise interacting with our services in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and any additional guidelines, policies, or rules applicable to specific features or promotions that we may post on the Website from time to time, all of which are incorporated herein by reference.

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

These Terms apply to all visitors, registered users, customers, and any other parties who access or use our Website or services, whether through a computer, mobile device, or any other platform.

2. Description of Services

Mod Pizza operates as a food service business offering customers the ability to browse our menu, place food orders online, schedule pick-up or delivery, manage loyalty accounts, and engage with promotional offerings. Our services include, but are not limited to:

• Online Food Ordering: Customers may place orders for pizza, side dishes, beverages, and other food items available on our menu through the Website or affiliated platforms.
• Menu Information: We provide detailed descriptions, ingredient information, allergen disclosures, and nutritional information for the food items we offer.
• Order Customization: Customers may customize their food orders based on available options at the time of ordering.
• Delivery and Pick-Up Services: We facilitate food delivery to designated service areas and in-store or curbside pick-up, subject to availability and geographic limitations.
• Account Management: Registered users may create personal accounts to track orders, store payment information, manage preferences, and participate in loyalty programs.
• Promotions and Special Offers: We may periodically offer discounts, coupons, loyalty rewards, and special promotions subject to their own terms and conditions.
• Customer Support: We provide customer service assistance via email and other available communication channels.

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any portion of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Our food services are intended solely for personal, non-commercial use. You may not use our ordering platform, menu data, or any other aspect of our services for unauthorized commercial purposes without our express written consent.

3. Eligibility and User Obligations

3.1 Eligibility

By using this Website, you represent and warrant that you are at least eighteen (18) years of age, or that you are accessing the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are using the Website on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" and "your" shall refer to that entity.

3.2 Account Registration

Certain features of our Website may require you to register for an account. When registering, you agree to provide accurate, current, and complete information, and to update that information as necessary to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account.

3.3 User Obligations

As a condition of your use of the Website and our services, you agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to those of the United States of America. You further agree to:

• Use the Website and services only for lawful purposes and in a manner consistent with these Terms;
• Provide accurate and truthful information when placing orders or creating an account;
• Pay all charges incurred in connection with your orders, including applicable taxes and fees;
• Respect the intellectual property rights of the Company and third parties;
• Not engage in any conduct that is harmful, offensive, fraudulent, or deceptive;
• Maintain the confidentiality of your account login credentials;
• Promptly report any errors, inaccuracies, or unauthorized transactions to us.

4. Prohibited Activities

You agree that you will not, under any circumstances, engage in any of the following prohibited activities in connection with your use of the Website or services:

• Violating any applicable local, state, national, or international law or regulation;
• Using the Website for any fraudulent, deceptive, or misleading purpose;
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity;
• Transmitting any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation;
• Uploading, posting, or transmitting any content that infringes, misappropriates, or violates the intellectual property rights of others;
• Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website;
• Using automated means, including bots, scrapers, or crawlers, to access, monitor, or copy any content from the Website without our prior written consent;
• Interfering with or disrupting the integrity or performance of the Website or the data contained therein;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Website or any software component;
• Collecting or harvesting any personally identifiable information from the Website without express authorization;
• Using the Website to transmit any viruses, malware, Trojan horses, or other harmful or malicious code;
• Engaging in any activity that could damage, disable, overburden, or impair the Website or our servers or networks;
• Placing fraudulent orders, using stolen payment information, or engaging in chargebacks without legitimate cause;
• Reselling or redistributing any products or services obtained through the Website for commercial purposes without our written consent.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including without limitation, removing content, terminating accounts, and reporting violators to appropriate law enforcement authorities.

5. Intellectual Property Rights

5.1 Ownership

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, icons, images, audio and video clips, data compilations, software, and the design, selection, and arrangement thereof — are owned by Mod Pizza, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with placing food orders and using our services as intended. This license does not include the right to:

• Reproduce, duplicate, copy, sell, resell, or otherwise exploit the Website or any portion thereof for any commercial purpose;
• Modify or create derivative works based upon the Website or its content;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Frame or utilize framing techniques to enclose any trademark, logo, or proprietary information of the Company.

5.3 Trademarks

The Mod Pizza name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mod Pizza or its affiliates 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.

5.4 User-Submitted Content

If you submit any reviews, comments, feedback, photographs, or other content to the Website ("User Content"), you grant us 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 to the User Content you post.

6. Online Ordering and Payment Terms

6.1 Order Placement

When you place an order through our Website, you are making an offer to purchase food items subject to these Terms. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in the description or price of the product, or suspected fraudulent activity.

6.2 Pricing and Taxes

All prices listed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable state and local sales taxes, which will be calculated and added to your total at checkout in accordance with applicable law. You are responsible for all taxes applicable to your transactions.

6.3 Payment Methods

We accept various payment methods as indicated on the Website at the time of purchase. By submitting your payment information, you authorize us to charge the applicable amount to your designated payment method. You represent and warrant that you have the legal right to use any payment method you provide.

6.4 Order Confirmation

Upon successful placement of an order, you will receive a confirmation via email or through the Website. This confirmation does not constitute acceptance of your order but rather a confirmation that we have received it. We reserve the right to cancel confirmed orders in circumstances such as item unavailability, errors in pricing, or suspected fraud.

6.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you receive an order that is incorrect or does not meet reasonable quality standards, please contact us at [email protected] within a reasonable time frame so we may address the issue appropriately. Refunds, credits, or replacements are issued at our sole discretion on a case-by-case basis.

7. Delivery Terms

Delivery services are subject to geographic availability and may be fulfilled by us directly or through third-party delivery partners. Estimated delivery times are provided as a courtesy and are not guaranteed. We are not responsible for delays caused by traffic, weather, or other circumstances beyond our reasonable control. Risk of loss and title to food items passes to you upon delivery to the address specified in your order.

8. Disclaimers and "As-Is" Basis

YOUR USE OF THE WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND OTHER MATERIALS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOD PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, 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 WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

We do not warrant that the nutritional information, allergen disclosures, or ingredient lists provided on the Website are complete or error-free. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the above exclusions may not apply to you. In that event, such warranties are limited to the minimum warranty period required by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE;
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR PERSONAL INFORMATION STORED THEREIN;
• DAMAGES RESULTING FROM ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• DAMAGES RESULTING FROM ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE WEBSITE;
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF MOD PIZZA TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU PAID TO MOD PIZZA IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. THESE LIMITATIONS APPLY EVEN IF MOD PIZZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza, its affiliates, licensors, service providers, employees, agents, officers, directors, and successors (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or 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, including but not limited to any information you provide or submit;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any User Content you submit, post, or transmit through the Website;
• Your negligent or wrongful conduct;
• Any claim that your User Content caused damage to a third party.

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 case you agree to cooperate fully with our defense of such claim. You must not settle any such claim without our prior written consent.

11. 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 business is principally located, without regard to its conflict of law provisions or your actual state or country of residence.

These Terms are also subject to applicable federal laws and regulations of the United States, including but not limited to the Federal Trade Commission Act ("FTC Act"), which prohibits unfair or deceptive acts or practices in commerce, and other applicable consumer protection statutes enforced by the Federal Trade Commission ("FTC").

If our business is located in or principally operates from California, the California Consumer Privacy Act ("CCPA") and the California Privacy Rights Act ("CPRA") may also apply to your personal information, and we comply with those requirements accordingly.

Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts. You agree to waive any objections to the exercise of personal jurisdiction over you by such courts.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us directly to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services. You may contact us at [email protected]. We will make good faith efforts to resolve the dispute within thirty (30) days of receiving your notice. This informal dispute resolution process is a prerequisite to initiating any formal legal proceedings.

12.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or our services, including any question regarding the existence, validity, or termination of these Terms, shall be determined by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"), as modified by these Terms. The arbitration shall be conducted in English, in the United States, and shall be subject to the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq.

The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of law, but shall have no authority to award punitive damages, treble damages, or any other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

12.3 Class Action Waiver

YOU AND MOD PIZZA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Mod Pizza agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of the arbitration agreement shall be null and void.

12.4 Small Claims Court Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies and the matter remains in such court.

13. Term and Termination

13.1 Term

These Terms of Service shall remain in full force and effect for as long as you access or use the Website or our services, or maintain an account with us, whichever is longer.

13.2 Termination by You

You may terminate your account and your relationship with us at any time by discontinuing your use of the Website and contacting us to request deletion of your account at [email protected]. Termination does not relieve you of any obligations incurred prior to the date of termination, including payment for any outstanding orders.

13.3 Termination by Us

We reserve the right, in our sole discretion and without prior notice, to suspend or terminate your access to the Website and services, remove your account, and delete any associated content, for any reason or no reason, including but not limited to:

• Your breach of any provision of these Terms;
• Fraudulent, deceptive, or illegal activity associated with your account;
• Requests by law enforcement or other government agencies;
• Extended periods of account inactivity;
• Discontinuation or material modification of our services.

13.4 Effect of Termination

Upon termination for any reason, all licenses and rights granted to you under these Terms shall immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including without limitation, intellectual property provisions, disclaimers, indemnification obligations, limitation of liability, and dispute resolution provisions.

14. Changes to Terms

We reserve the right to revise and update these Terms of Service at any time and at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. We will notify you of material changes by updating the "Last Updated" date at the top of these Terms, by sending an email notification to the address associated with your account, or by posting a prominent notice on the Website.

Your continued use of the Website and our services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If you do not agree with the revised Terms, you must immediately stop using the Website and our services.

15. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources 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.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

16. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information. By using the Website, you consent to the data practices described in our Privacy Policy. We comply with applicable federal and state privacy laws, including the FTC Act and, where applicable, the CCPA/CPRA.

17. Allergen and Food Safety Notice

Mod Pizza takes food safety seriously; however, we cannot guarantee that our products are completely free from any particular allergen. Our food is prepared in facilities that may handle nuts, gluten, dairy, eggs, soy, shellfish, and other common allergens. Cross-contamination may occur during food preparation. If you have a food allergy or dietary restriction, you assume the risk of adverse reactions by consuming our products and are strongly encouraged to speak with our team directly before ordering.

18. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with any law, the validity, legality, and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired, and such provision shall be modified to the minimum extent necessary to make it enforceable. The remainder of the Terms shall continue in full force and effect.

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and a waiver of any breach or default under these Terms shall not constitute a waiver of any subsequent breach or default. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

19. Entire Agreement

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 with respect to the subject matter hereof, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

No amendment or modification of these Terms shall be binding unless made in writing and duly executed by an authorized representative of Mod Pizza. If there is any conflict between these Terms and any other policies posted on our Website, these Terms shall control unless otherwise expressly stated.

20. Force Majeure

We shall not be liable for any failure or delay in the performance of our obligations under these Terms to the extent such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, government actions, war, terrorism, labor disputes, power outages, internet failures, or supply chain disruptions. In the event of any such occurrence, we will make commercially reasonable efforts to resume performance as soon as reasonably practicable.

21. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you wish to report a violation or submit a legal notice, please contact us using the information below:

We endeavor to respond to all inquiries within five (5) business days. For urgent matters related to food safety, health concerns, or fraudulent activity, please contact us immediately via email and indicate the urgency of your request in the subject line.