Terms of Service

Please read these Terms of Service carefully before using the website located at modpizzameal.digital (the "Website") or any services offered through it. By accessing or using our Website, you agree to be bound by these Terms of Service.

1. Acceptance of Terms

Welcome to Mod Pizza ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Mod Pizza, governing your access to and use of the website located at modpizzameal.digital, including all content, features, functionality, and services offered through the Website (collectively, the "Services").

By accessing, browsing, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable federal, state, and local laws and regulations of the United States. If you do not agree with any part of these Terms, you are expressly prohibited from using the Website and must discontinue use immediately.

These Terms apply to all visitors, users, customers, and any other persons who access or use the Website or Services. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes.

If you are using the Website 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 the terms "you" and "your" shall refer to that entity.

2. Description of Services

Mod Pizza operates as a food service business providing customers with access to information about our food products, menu offerings, promotions, online ordering capabilities, and related food and dining services (collectively, the "Services"). Our Website may include, but is not limited to, the following features and offerings:

• Online menu browsing and food ordering services
• Promotional offers, discounts, and loyalty program information
• Location finder and store information services
• Customer account creation and management
• Nutritional information and allergen disclosures
• Catering and bulk order request services
• Customer support and feedback submission
• Gift card purchasing and redemption
• Newsletter and marketing communications subscription

We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict access to any portion of the Services at any time, with or without notice and without liability to you or any third party. We do not guarantee that the Website or any feature thereof will be available at all times.

The Services are intended for personal, non-commercial use unless otherwise expressly permitted by us in writing. Any use of the Services for commercial purposes without our prior written consent is strictly prohibited.

3. Eligibility and User Requirements

To use our Website and Services, you must meet the following eligibility requirements:

• You must be at least thirteen (13) years of age. If you are under the age of eighteen (18), you must have the permission of a parent or legal guardian to use the Website.
• You must be a resident of the United States or otherwise authorized to access and use services governed by United States law.
• You must not be prohibited from receiving services under the laws of the United States or any applicable jurisdiction.
• You must provide accurate, current, and complete information when registering for an account or submitting any order.

By using the Website, you represent and warrant that you satisfy all of the eligibility requirements stated above.

4. User Account Registration

Certain features of the Website may require you to register for an account. When creating an account, you agree to:

• Provide truthful, accurate, current, and complete information as prompted by the registration form
• Maintain and promptly update your account information to keep it accurate and complete
• Keep your login credentials, including your password, confidential and secure
• Accept responsibility for all activities that occur under your account
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security

We reserve the right to suspend or terminate your account at any time, for any reason, including if we believe that the information you have provided is inaccurate, incomplete, or fraudulent, or if you have violated any provision of these Terms.

5. User Obligations and Prohibited Activities

As a condition of your use of the Website and Services, you agree to comply with all applicable federal, state, and local laws and regulations. You further agree that you will not:

5.1 General Prohibited Conduct

• Use the Website for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Use the Website in any manner that could damage, disable, overburden, or impair the Website or servers or networks connected to the Website
• Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, or any server, computer, or database connected to the Website
• Engage in any data mining, scraping, crawling, or similar data gathering or extraction methods on any part of the Website
• Use automated scripts, bots, or other means to collect information from or otherwise interact with the Website
• Post or transmit any content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
• Post or transmit any material that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability
• Interfere with or disrupt the integrity or performance of the Website or the data contained therein
• Upload or transmit viruses, malware, trojan horses, or any other malicious code that may harm the Website or its users

5.2 Commercial Restrictions

• Use the Website for any commercial solicitation without our express prior written consent
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission from us
• Create derivative works based on the Website or any content contained therein without our prior written authorization

5.3 Order and Transaction Restrictions

• Submit fraudulent, unauthorized, or otherwise false orders through the Website
• Abuse discount codes, promotional offers, or loyalty program benefits
• Engage in chargebacks or payment disputes in bad faith

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including reporting such users to law enforcement authorities.

6. Intellectual Property Rights

All content, materials, and information available on or through the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and all related intellectual property rights (collectively, "Content"), are the exclusive property of Mod Pizza or its content suppliers and are 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.

6.1 Limited License

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

• Sell, resell, or commercially exploit any Content
• Collect and use any product listings, descriptions, or prices for the benefit of a competing business
• Make any derivative use of the Website or Content
• Download or copy account information for the benefit of another merchant
• Use data mining, robots, or similar data gathering and extraction tools

6.2 User-Submitted Content

If you submit, post, or transmit any content to us through the Website, including reviews, comments, photographs, feedback, or other materials ("User Content"), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, translate, distribute, perform, and display such User Content in connection with operating and promoting our Services. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not violate any third-party rights or applicable laws.

7. Payment Terms

Where our Website facilitates online ordering, purchases, or payment transactions, the following terms apply:

7.1 Pricing and Fees

All prices displayed on the Website are in U.S. dollars and are subject to change without prior notice. We reserve the right to modify prices at any time. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price and notify you accordingly.

7.2 Payment Methods

We accept payment through major credit cards, debit cards, and other payment methods as indicated on the Website at the time of checkout. By submitting a payment, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the total amount to that payment method.

7.3 Taxes

All applicable federal, state, and local taxes will be added to your order total at checkout, in accordance with applicable United States tax laws and regulations.

7.4 Refunds and Cancellations

Refunds and cancellations are handled in accordance with our Refund Policy, which is incorporated herein by reference. Generally, food orders that have been prepared are non-refundable. If you have an issue with your order, please contact us promptly at [email protected].

7.5 Promotional Codes and Discounts

Promotional codes, coupons, and discount offers are subject to their individual terms and conditions and may not be combined unless expressly stated. We reserve the right to revoke or invalidate any promotional code at any time in the event of suspected fraud or misuse.

8. Food Safety and Allergen Notice

We take food safety seriously and are committed to complying with all applicable federal and state food safety regulations, including those administered by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA). Our menu items may contain common allergens, including but not limited to gluten, dairy, eggs, nuts, soy, and shellfish.

While we make reasonable efforts to provide accurate allergen and nutritional information on our Website, we cannot guarantee that our kitchen environments are completely free from cross-contamination. Customers with severe food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order to discuss their individual needs.

DISCLAIMER: The nutritional and allergen information provided on our Website is for general informational purposes only. It is not intended to constitute medical or dietary advice. Customers with specific health concerns should consult a qualified healthcare professional.

9. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS 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 PERMITTED BY APPLICABLE UNITED STATES LAW, MOD PIZZA EXPRESSLY 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 WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, OR LINKS PROVIDED ON THE WEBSITE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR SERVERS MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, our disclaimers shall apply to the fullest extent permitted by law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, IN NO EVENT SHALL MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE
• ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE WEBSITE
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE

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

The limitations set forth in this section shall apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and shall survive any failure of the essential purpose of any limited remedy.

11. 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 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 or any applicable law or regulation
• Your use or misuse of the Website or Services
• Your User Content or any content you submit, post, or transmit through the Website
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Any dispute or issue between you and any third party
• Any fraud or misrepresentation on your part

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

12. 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 or represent the offerings of any of these businesses or individuals or their websites.

You acknowledge and agree that Mod Pizza 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 the 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 and conditions and privacy policies of any third-party websites or services that you visit.

13. 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 in compliance with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) where applicable, and the Federal Trade Commission (FTC) Act. Please review our Privacy Policy carefully. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy.

14. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their 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 applicable state laws where our business is domiciled, without regard to its conflict of law principles.

To the extent that any dispute is not subject to arbitration as set forth in Section 15 below, you agree that any legal action or proceeding relating to your access to or use of the Website or Services shall be instituted in the federal or state courts of competent jurisdiction within the United States. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

Our Services are designed and intended for use by residents of the United States. We make no representation that the Website or its content is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk and are responsible for compliance with local laws to the extent applicable.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy informally by contacting us at [email protected] and providing a written description of the dispute. We will attempt to respond and resolve the matter within thirty (30) days of receiving your written notice.

15.2 Binding Arbitration

If informal resolution is unsuccessful, you and Mod Pizza agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Website or Services, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitration shall be conducted in the English language. The award rendered by the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND MOD PIZZA AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and Mod Pizza agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

15.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

16. Term and Termination

These Terms 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 and Services, with or without notice
• Delete your account and all associated data
• Cancel any pending orders associated with your account
• Take any other action we deem necessary to protect our interests or those of our users

Grounds for termination include, without limitation, your violation of these Terms, your engagement in fraudulent or illegal activity, or any conduct that we believe is harmful to us, other users, or third parties. Upon termination, your right to use the Website and Services will immediately cease.

All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitation of liability, and dispute resolution provisions.

17. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, provide you with notice via email or a prominent notice on the Website.

Your continued use of the Website or Services after any changes to these Terms become effective constitutes your binding acceptance of those changes. If you do not agree to the revised Terms, you must discontinue your use of the Website immediately.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check this page regularly for any changes.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable United States law by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, and the remainder of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law.

19. Entire Agreement and Waiver

These Terms, together with our Privacy Policy and any other policies or agreements incorporated herein by reference, constitute the entire agreement between you and Mod Pizza with respect to the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and Services.

Our failure to exercise or 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 Mod Pizza.

20. No Agency Relationship

Nothing in these Terms shall be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Mod Pizza. You do not have any authority to bind us in any manner whatsoever.

21. Force Majeure

Mod Pizza shall not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including, without limitation, acts of God, fire, flood, earthquake, natural disaster, epidemic, pandemic, war, terrorism, riot, embargoes, acts of civil or military authorities, power outages, internet service provider failures, or third-party service provider disruptions.

22. Digital Millennium Copyright Act (DMCA) Policy

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), we will respond promptly to claims of copyright infringement that are reported to our designated copyright agent.

If you believe that any content on our Website infringes your copyright, please send a written notification containing the following information to our contact email at [email protected]:

• A physical or electronic signature of the copyright owner or person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and its location on the Website
• Your contact information, including address, telephone number, and email address
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or law
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

23. Accessibility

Mod Pizza is committed to ensuring that our Website is accessible to all users, including those with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 and applicable provisions of the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act. If you experience any difficulty accessing our Website, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

24. Consumer Rights and FTC Compliance

As a consumer in the United States, you may have rights under applicable federal and state consumer protection laws, including rights enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.). Nothing in these Terms is intended to limit or waive any rights you may have under applicable consumer protection laws that cannot legally be waived by contract.

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), which are further described in our Privacy Policy.

25. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you need to reach us for any other reason, please contact us using the information below:

We will make every reasonable effort to respond to your inquiries in a timely manner, generally within five (5) to seven (7) business days.