Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at pequods-food.digital (the "Website") or any services offered by Pequod's Pizza ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you ("User," "Customer," or "you") agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue your use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or using the Website at pequods-food.digital, or by placing an order for food products or services offered by Pequod's Pizza, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding contract between you and Pequod's Pizza.

You represent and warrant that you are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), that you are using the Website with the knowledge, consent, and supervision of a parent or legal guardian who also agrees to these Terms. If you are using the Website on behalf of a business entity or organization, you represent that you have the authority to bind that entity to these Terms, and all references to "you" shall mean both you individually and that entity.

Your continued use of the Website following the posting of any modifications to these Terms shall constitute your acceptance of such changes. We encourage you to review these Terms periodically to stay informed about your rights and obligations.

2. Description of Services

Pequod's Pizza is a food service business operating in the United States, specializing in the preparation, sale, and delivery of pizza and related food and beverage products. Through our Website at pequods-food.digital, we offer the following services:

• Online Ordering: Customers may browse our menu, customize food items, and place orders for pickup or delivery directly through our Website.
• Menu Information: We provide detailed descriptions, pricing, nutritional information (where available), and allergen disclosures for our food products.
• Account Management: Users may create personal accounts to manage orders, track order history, save preferences, and access loyalty rewards or promotional offers.
• Customer Support: We offer support services via email and other contact methods for inquiries related to orders, billing, and general information.
• Promotional Offers: From time to time, we may offer discounts, coupons, loyalty programs, or special promotions subject to additional terms and conditions.
• Third-Party Delivery Partnerships: In certain cases, delivery services may be fulfilled by third-party delivery platforms. Your use of those platforms is subject to their separate terms of service.

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

3. User Accounts and Registration

Certain features of our Website, including online ordering and access to order history, 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 account login credentials, including your password.
• Accept full responsibility for all activities that occur under your account.
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other security breach.

We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, if we believe you have violated these Terms, engaged in fraudulent activity, or if your account has been inactive for an extended period. You may not create multiple accounts for the purpose of circumventing any restrictions or to abuse promotional offers.

4. User Obligations and Prohibited Activities

By using our Website and services, you agree to use them only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations. You agree that you will not:

4.1 General Prohibited Conduct

• Use the Website for any fraudulent, unlawful, or unauthorized purpose.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• Engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Website.
• Use the Website to transmit, distribute, post, or submit any information or material that is false, misleading, harassing, abusive, defamatory, obscene, or otherwise objectionable.
• Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website.

4.2 Technical Prohibitions

• Use any robot, spider, scraper, crawl, or other automated means to access the Website for any purpose without our express written permission.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to decompile, reverse engineer, disassemble, or hack the Website, or attempt to defeat or overcome any encryption or other security measures.
• Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Website.
• Use the Website in any manner that could damage, disable, overburden, or impair the Website's servers or networks.

4.3 Order-Related Prohibitions

• Place fraudulent, duplicate, or fictitious orders.
• Use stolen or unauthorized payment information to place orders.
• Abuse promotional codes, coupons, or loyalty rewards programs, including but not limited to creating multiple accounts to redeem promotions more than once.
• Misrepresent allergy information or dietary requirements in a manner intended to defraud the Company.

Violation of any of the above prohibitions may result in immediate termination of your account and access to our services, and may also expose you to civil and/or criminal liability under applicable law.

5. Ordering, Pricing, and Payment Terms

5.1 Order Placement and Acceptance

When you place an order through our Website, you are making an offer to purchase the selected food items at the stated price. We reserve the right to accept or reject any order at our sole discretion. An order is not confirmed until you receive a written or electronic confirmation from us. We may cancel orders due to product unavailability, pricing errors, suspected fraud, or any other reason at our discretion, in which case we will notify you and process a full refund if applicable.

5.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable federal, state, and local sales taxes. We strive to ensure that all prices listed are accurate; however, errors may occur. If we discover a pricing error on an item you have ordered, we will notify you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we reserve the right to cancel the order. We reserve the right to change prices at any time without prior notice.

5.3 Payment Methods

We accept various forms of payment, including major credit cards, debit cards, and any other payment methods indicated on the Website at the time of purchase. By providing your payment information, you represent and warrant that you are authorized to use the payment method provided and that all payment information is accurate. You authorize us to charge your payment method for the total amount of your order, including applicable taxes and any delivery or service fees.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you experience an issue with your order, such as receiving incorrect items or a product that does not meet our quality standards, please contact us at [email protected] within a reasonable time following receipt of your order. We will review each situation on a case-by-case basis and may offer a refund, credit, or replacement at our discretion. Chargebacks initiated without first contacting us may be considered a violation of these Terms.

6. Food Allergen and Dietary Information

Pequod's Pizza takes food safety seriously; however, we cannot guarantee that any of our products are free from allergens, including but not limited to gluten, nuts, dairy, eggs, soy, fish, or shellfish. Our kitchen environment may involve shared equipment and preparation surfaces, and cross-contamination is possible. Any allergen or nutritional information provided on our Website is provided in good faith but may not be fully comprehensive or up to date.

If you have a severe food allergy or specific dietary requirement, we strongly encourage you to contact us directly at [email protected] before placing an order to discuss your needs. By placing an order, you acknowledge and assume all risks associated with food allergies and dietary sensitivities. Pequod's Pizza shall not be liable for any adverse reactions resulting from allergen exposure unless caused by our gross negligence or willful misconduct.

7. Intellectual Property Rights

All content available on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, menu designs, and software, is the exclusive property of Pequod's Pizza or its content suppliers and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.

The Pequod's Pizza name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pequod's Pizza or its affiliates or licensors. You are not permitted to use such marks without our prior written consent. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

7.1 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal, non-commercial purposes in accordance with these Terms. This license does not include any right to:

• Reproduce, distribute, publicly display, or publicly perform any content on the Website.
• Modify or create derivative works based on any content on the Website.
• Use the Website for any commercial purpose or for any public display, commercial or non-commercial.
• Use any data mining, robots, or similar data gathering or extraction methods.
• Download or copy account information for the benefit of any third party.

Any unauthorized use of the Website's content or services may violate copyright laws, trademark laws, and other laws, and could result in civil and criminal liability.

7.2 User-Generated Content

If you submit reviews, comments, feedback, photographs, or any other content to our Website or social media channels ("User Content"), you grant Pequod's 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 otherwise control all rights to the User Content you submit, and that such content does not violate these Terms or any applicable law.

8. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications, including delivery platforms, payment processors, and social media platforms. These links are provided for your convenience only. We do not control these third-party websites and are not responsible for their content, privacy practices, or terms of service. The inclusion of any link does not imply our endorsement of the linked website or any association with its operators. We strongly advise you to review the privacy policies and terms of service of any third-party websites you visit. Your use of third-party websites is at your own risk.

9. Disclaimers — Services Provided "As Is"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

PEQUOD'S PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, 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 THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, RELIABLE, OR COMPLETE.
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INCLUDING MENU ITEMS, PRICING, NUTRITIONAL INFORMATION, OR AVAILABILITY.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you in its entirety. In such cases, the disclaimers shall apply to the maximum extent permitted by applicable law in your jurisdiction.

10. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
• DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
• DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES.
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
• DAMAGES RESULTING FROM ANY FOOD-RELATED ADVERSE REACTIONS EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ALL CASES, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PEQUOD'S PIZZA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

11. Indemnification

You agree to defend, indemnify, and hold harmless Pequod's Pizza and its respective officers, directors, employees, agents, affiliates, successors, and assigns 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 or misuse of the Website or our services.
• 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 publicity rights.
• Any User Content you submit, post, or transmit through the Website.
• Any fraudulent, negligent, or wrongful acts or omissions by you in connection with your use of our services.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses. You shall not settle any claim without our prior written consent.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website, or the services provided by Pequod's 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 our business operations are based, without giving effect to any choice of law or conflict of law provisions.

These Terms are further subject to applicable federal laws, including the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., which governs unfair or deceptive acts or practices in commerce, as well as other applicable federal consumer protection statutes. To the extent you are a resident of the State of California, certain rights may also be afforded to you under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as well as the California Consumers Legal Remedies Act (CLRA) and other state-specific consumer protection laws.

Subject to the dispute resolution provisions below, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States for the resolution of any disputes not subject to arbitration under these Terms.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting Pequod's Pizza at [email protected]. We will attempt to resolve the dispute informally by contacting you via email. If the dispute is not resolved within thirty (30) days of our receipt of your initial contact, either party may proceed to formal dispute resolution as described below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court, and except for disputes relating to the infringement of Pequod's Pizza's intellectual property rights, all disputes, claims, or controversies arising out of or relating to these Terms or your use of our Website or services shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitration shall be conducted in the English language. 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.

13.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY ARBITRATION OR OTHER LEGAL PROCEEDING SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If this class action waiver is found to be unenforceable, then the arbitration agreement in this Section shall be null and void, and the parties shall resolve any disputes in court.

13.4 Time Limitation on Claims

Any claim or cause of action arising out of or related to these Terms or your use of the Website or services must be filed within one (1) year after such claim or cause of action arose; otherwise, such claim or cause of action is permanently barred. This limitation applies regardless of any statute of limitations to the contrary.

14. Term and Termination

These Terms of Service are effective from the date you first access or use the Website and shall remain in full force and effect while you use the Website or any of our services, unless earlier terminated in accordance with these Terms.

We reserve the right, in our sole discretion, to:

• Terminate or suspend your access to the Website or your account at any time, with or without notice, for any reason, including but not limited to your violation of these Terms.
• Restrict your access to certain features or content on the Website.
• Refuse service to any person or entity at any time, for any reason not prohibited by applicable law.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination of your account, your right to use the Website and services will immediately cease. However, provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimer of warranties, limitations of liability, indemnification, and dispute resolution provisions.

15. Changes to Terms of Service

We reserve the right to modify or update these Terms of Service at any time and at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. In certain circumstances, where changes are material, 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 services following the posting of revised Terms of Service constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must immediately stop using the Website and services. We encourage you to review these Terms periodically to stay informed of any updates. You are responsible for checking this page regularly.

16. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will 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, which shall remain in full force and effect.

Furthermore, the parties agree that any invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that most closely matches the intent of the original provision to the fullest extent possible.

17. 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 Pequod's Pizza concerning your use of the Website and services, and supersede all prior and contemporaneous negotiations, representations, warranties, and understandings between you and Pequod's Pizza with respect to the subject matter herein.

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. A waiver of any breach or default under these Terms shall not be deemed a waiver of any subsequent breach or default, and shall not affect the other terms of these Terms.

Any waiver by Pequod's Pizza of any provision of these Terms must be in writing and signed by an authorized representative of Pequod's Pizza to be effective.

18. Force Majeure

Pequod's Pizza shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions, labor disputes, power outages, internet or telecommunications failures, supply chain disruptions, civil unrest, or any other force majeure event. In the event of such circumstances, we will make commercially reasonable efforts to notify you and to resume normal operations as soon as practicable.

19. Electronic Communications and Notices

By using our Website and providing your email address, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. Notices to Pequod's Pizza must be sent via email to [email protected]. Notices will be deemed received upon acknowledgment from us.

20. Accessibility

Pequod's Pizza is committed to making our Website accessible to individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) and, to the extent applicable, the Americans with Disabilities Act (ADA). If you experience any difficulty accessing our Website or any of its content, please contact us at [email protected] so that we may assist you and address any accessibility concerns.

21. Consumer Rights Notice (California Residents)

If you are a California resident, 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 delete your personal information, the right to opt out of the sale or sharing of your personal information, and the right to non-discrimination for exercising your privacy rights. For a full description of your California privacy rights, please refer to our Privacy Policy or contact us at the information provided below.

Under the California Consumers Legal Remedies Act (CLRA) and California Business and Professions Code § 17200 et seq. (Unfair Competition Law), you may have rights against unfair or deceptive business practices. Nothing in these Terms is intended to limit your statutory rights under California law.

22. 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 the Website or our services, please reach out to us using the following contact information:

We will make every effort to respond to your inquiries within a reasonable timeframe. For urgent matters related to food safety or order issues, please contact us as soon as possible via email at [email protected].