Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at pequods-pizz.click (the "Site") or placing any order through our online platform. These Terms constitute a legally binding agreement between you ("Customer," "User," "you," or "your") and Pequod's Pizza ("Company," "we," "us," or "our"). By accessing the Site, creating an account, placing an order, or otherwise interacting with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable federal and state laws.

1. Acceptance of Terms

By accessing or using the Site or any services offered by Pequod's Pizza, you expressly agree to be legally bound by these Terms of Service, our Privacy Policy (incorporated herein by reference), and any additional guidelines, policies, or rules posted on the Site. If you do not agree to these Terms in their entirety, you must immediately discontinue your use of the Site and our services.

These Terms apply to all visitors, users, customers, and others who access or use the Site. Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes. If you are using the Site on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the term "you" shall refer to both you individually and that entity.

You must be at least eighteen (18) years of age to use this Site or place an order. By using this Site, you represent and warrant that you are at least 18 years old. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

2. Description of Services

Pequod's Pizza is a food service business operating in the United States, offering customers the ability to browse our menu, place food orders online, schedule pickup or delivery, and interact with promotional content. Our services include, but are not limited to:

• Online ordering of pizzas, appetizers, beverages, and other menu items;
• Delivery and carry-out ordering services;
• Account creation and management for returning customers;
• Digital loyalty or promotional programs, where available;
• Access to nutritional and allergen information for menu items;
• Customer support via email and other designated channels;
• Any other features, content, or applications offered through the Site from time to time.

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

Pequod's Pizza does not guarantee that the Site will always be available, uninterrupted, secure, or error-free. We may perform maintenance, updates, or other activities that temporarily affect the availability of our services. We will make reasonable efforts to notify users of planned outages where practicable.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of the Site and our services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security and confidentiality of your account credentials and not share your password with any third party;
• Promptly update your account information if it changes;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account;
• Comply with all applicable local, state, and federal laws and regulations when using our Site and services;
• Use the Site only for lawful purposes and in a manner consistent with these Terms;
• Treat our staff, agents, and other users with respect and courtesy in all interactions.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Site for any unlawful purpose or in violation of any applicable local, state, federal, or international laws or regulations;
• Use automated tools, bots, scrapers, crawlers, or similar technologies to access, monitor, or copy any portion of the Site without our prior written consent;
• Attempt to gain unauthorized access to any portion of the Site, including but not limited to our servers, databases, or other computer systems;
• Interfere with or disrupt the integrity or performance of the Site, including introducing viruses, malware, or other malicious code;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Collect or harvest any personally identifiable information from the Site without express consent;
• Submit false, misleading, or fraudulent orders, reviews, or other information;
• Use our services for commercial solicitation, spam, or unsolicited marketing communications;
• Engage in conduct that is harassing, abusive, threatening, defamatory, or otherwise objectionable toward any person;
• Attempt to reverse-engineer, decompile, or disassemble any software or technology underlying the Site;
• Use our intellectual property, including our name, logo, or content, without prior written permission;
• Engage in any activity that could damage, overburden, or impair the infrastructure supporting our Site or services;
• Place fraudulent orders with the intent to refuse delivery, dispute charges improperly, or otherwise abuse our ordering system.

Violation of any of the above prohibitions may result in immediate termination of your account, cancellation of orders, and potential legal action under applicable law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and relevant state laws.

4. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, photographs, images, audio and video clips, digital downloads, data compilations, menus, product descriptions, software, and the overall "look and feel" of the Site, is the exclusive property of Pequod's Pizza or its content suppliers and is protected by applicable United States and international intellectual property laws, including copyright, trademark, and trade dress laws.

The Pequod's Pizza name, logo, and all related product and service names, design marks, and slogans are trademarks or registered trademarks of Pequod's Pizza. You are not authorized to use any of these marks without our prior written consent. Unauthorized use of our trademarks or other intellectual property may violate federal and state trademark laws, copyright laws, and other regulations.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for the purpose of placing orders and using our services as intended. This license does not include the right to:

• Download or copy the Site's content for commercial use;
• Modify, distribute, transmit, display, perform, reproduce, publish, or create derivative works from any portion of the Site;
• Use data mining, robots, or similar data gathering and extraction tools;
• Frame or mirror any portion of the Site without our express written consent.

If you believe that any content on our Site infringes upon your copyright, please contact us at [email protected] with a detailed description of the alleged infringement. We will investigate and respond in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Online Ordering and Payment Terms

5.1 Order Placement

When you place an order through our Site, you are making an offer to purchase the selected food items at the prices indicated, subject to availability. We reserve the right to accept or decline your order at our sole discretion. Your order is confirmed only when you receive a confirmation email or notification from us. Prices displayed on the Site are in U.S. dollars (USD) and are subject to change without prior notice.

5.2 Pricing and Taxes

All prices listed on our menu are subject to applicable federal, state, and local taxes, including sales tax as required by law. The applicable tax rate will be calculated at checkout based on the delivery or pickup location. Prices do not include delivery fees, service charges, or gratuity, which may be displayed separately at checkout.

5.3 Payment Methods

We accept various forms of payment as indicated on the Site, including major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other digital payment methods where available. By submitting your payment information, you authorize us to charge the indicated amount to your selected payment method. You represent and warrant that you are authorized to use the payment method provided.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once your order has been confirmed and preparation has begun. If you experience a problem with your order, such as receiving incorrect items or items that do not meet our quality standards, please contact us immediately at [email protected]. We will review your concern and, at our sole discretion, may offer a replacement, store credit, or refund. Chargebacks or payment disputes filed without first contacting us may result in suspension of your account and may be contested.

5.5 Delivery Terms

Delivery is available within designated service areas only. Estimated delivery times are provided as approximations and are not guaranteed. Delivery times may vary based on order volume, traffic, weather conditions, and other factors. We are not liable for delays caused by circumstances beyond our reasonable control. You are responsible for providing accurate delivery address information. If a delivery cannot be completed due to incorrect address information provided by you, we are not obligated to issue a refund.

6. User-Generated Content

If we permit you to post reviews, comments, photos, or other content on our Site or social media channels, 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 content worldwide in any media. You represent and warrant that you own or have the necessary rights to such content and that it does not infringe the rights of any third party.

You agree not to post content that is false, defamatory, misleading, unlawful, offensive, threatening, harassing, or otherwise objectionable. We reserve the right to remove any user-generated content at our sole discretion and without prior notice.

7. Disclaimers and As-Is Basis

THE SITE AND ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PEQUOD'S PIZZA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, 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 SECURE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Pequod's Pizza makes no warranty regarding the quality, safety, accuracy, or completeness of any food items, nutritional information, or allergen disclosures provided on the Site. Customers with severe food allergies are strongly encouraged to contact us directly before placing an order. We cannot guarantee that our kitchen facilities are completely free from allergen cross-contamination.

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

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEQUOD'S PIZZA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, ANY FOOD PRODUCTS PURCHASED THROUGH THE SITE, ANY CONTENT OBTAINED FROM THE SITE, OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00 USD) OR (B) THE AMOUNT ACTUALLY PAID BY YOU TO PEQUOD'S PIZZA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations of liability set forth above are fundamental elements of the basis of the bargain between you and Pequod's Pizza. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

9. Indemnification

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

• Your violation of these Terms of Service;
• Your use or misuse of the Site or our services;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or rights of publicity;
• Any content or information you submit, post, or transmit through the Site;
• Any fraudulent, deceptive, or harmful activities conducted by you through our platform;
• Any dispute between you and a third party arising from your use of our services.

We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully with our defense of such claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which Pequod's Pizza is registered and primarily operates, without regard to any conflict of law principles that would require or permit the application of the laws of any other jurisdiction.

You agree that any legal action or proceeding arising under or relating to these Terms, the Site, or our services shall be brought exclusively in the federal or state courts located within the applicable U.S. jurisdiction where Pequod's Pizza maintains its principal place of business. You hereby irrevocably consent to personal jurisdiction and venue in such courts and waive any objection to the laying of venue of any such suit, action, or proceeding in such courts.

These Terms are subject to applicable federal laws including, without limitation:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) regarding consumer protection and unfair or deceptive trade practices;
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030);
• The Digital Millennium Copyright Act (17 U.S.C. § 512);
• The Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.);
• Any other applicable federal, state, and local food safety, consumer protection, and e-commerce laws and regulations.

For customers located in California, additional rights may be available to you under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), the California Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), and other applicable California statutes. Please refer to our Privacy Policy for further details.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services by contacting us informally at [email protected] with a written description of the dispute and your proposed resolution. We will use good faith efforts to resolve the dispute within thirty (30) days of receiving your written notice. If the dispute cannot be resolved informally within that period, either party may proceed to formal dispute resolution as set forth below.

11.2 Binding Arbitration

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH, TERMINATION, OR VALIDITY THEREOF, THAT CANNOT BE RESOLVED THROUGH INFORMAL NEGOTIATION SHALL BE SETTLED BY BINDING ARBITRATION. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or JAMS, as mutually agreed upon by the parties, and shall take place in the jurisdiction where Pequod's Pizza is headquartered. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitration shall be conducted on an individual basis. You and Pequod's Pizza each waive any right to participate in a class action lawsuit or class-wide arbitration. If this class action waiver is found to be unenforceable for any reason, then the entire arbitration provision shall be null and void, and the dispute shall be resolved in court.

11.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or stop actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Small claims court actions where the amount in controversy falls within the small claims court jurisdiction limits are also excluded from mandatory arbitration.

11.4 Time Limitation on Claims

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. FAILURE TO FILE WITHIN THIS ONE-YEAR PERIOD SHALL FOREVER BAR ANY SUCH CLAIM OR CAUSE OF ACTION, REGARDLESS OF ANY STATUTE OF LIMITATIONS TO THE CONTRARY.

12. Third-Party Links and Services

The Site may contain links to third-party websites, services, or applications that are not owned or controlled by Pequod's Pizza. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. We strongly recommend that you review the terms and privacy policies of any third-party sites you visit. Your use of third-party websites is at your own risk, and Pequod's Pizza shall not be liable for any harm or damages arising from your use of or reliance on any third-party content, services, or links.

13. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Site or maintain an account with us. We reserve the right, at our sole discretion and without prior notice, to:

• Suspend or terminate your account and access to the Site for any reason, including violation of these Terms;
• Cancel any pending or future orders associated with your account;
• Refuse service to any individual or entity at any time for any lawful reason;
• Remove, edit, or disable any user content at any time.

You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to use the Site immediately ceases. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation intellectual property provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

14. Changes to These Terms

Pequod's Pizza reserves the right to modify, update, or revise these Terms of Service at any time and for any reason, at our sole discretion. We will indicate the date of the most recent revision at the top of this page. When we make material changes to these Terms, we will use reasonable efforts to notify you, which may include posting a notice on our Site, sending an email to the address associated with your account, or through other reasonable means.

Your continued use of the Site or our services following the posting of revised Terms constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Site and our services immediately. We encourage you to review these Terms periodically to stay informed of any changes.

15. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, unenforceable, or contrary to public policy, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be deemed severed from these Terms. The remainder of these Terms shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included. The parties agree to use commercially reasonable efforts to replace any invalid or unenforceable provision with a valid provision that most closely approximates the intent and economic effect of the original provision.

The failure of Pequod's Pizza to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Pequod's Pizza.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published on the Site, constitute the entire agreement between you and Pequod's 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, with respect to such subject matter. No oral or written information or advice given by our employees, agents, or representatives shall create any warranty or otherwise alter these Terms.

17. Force Majeure

Pequod's Pizza shall not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms that is caused by events outside our reasonable control, including but not limited to acts of God, fire, flood, storm, earthquake, pandemic, epidemic, government actions, labor disputes, supply chain disruptions, power outages, internet service provider failures, or other circumstances beyond our reasonable control ("Force Majeure Event"). In such circumstances, our obligations shall be suspended for the duration of the Force Majeure Event, and we will use reasonable efforts to minimize the impact on our services.

18. Privacy and Data Protection

Your use of our Site and services 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 our Site, you consent to the collection and use of your information as described in our Privacy Policy.

If you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to request deletion of your personal information, the right to opt out of the sale of your personal information, and the right to non-discrimination for exercising your privacy rights. Please review our Privacy Policy for full details or contact us at [email protected] to exercise your rights.

19. Accessibility

Pequod's Pizza is committed to making our Site accessible to all users, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA) and applicable Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our Site or services, please contact us at [email protected] so that we may provide you with an alternative means of accessing our services.

20. Electronic Communications

By using our Site and services and providing your email address, you consent to receive electronic communications from us, including order confirmations, promotional offers, service updates, and other communications related to our services. You agree that any agreements, notices, disclosures, or other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time by following the unsubscribe instructions in our emails or contacting us directly at [email protected].

21. Contact Information

If you have any questions, concerns, or inquiries about these Terms of Service, your account, or our services, please contact us using the information below:

We will make every effort to respond to all inquiries within a reasonable time. For urgent matters related to food safety or health concerns, please contact your local health authority in addition to reaching out to us.