Terms of Service

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

1. Acceptance of Terms

By visiting, browsing, or otherwise using the Website at modpizz.click, placing an order, creating an account, or engaging with any content or services we provide, you enter into a legally binding agreement with Mod Pizza and agree to comply with and be bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference.

These Terms apply to all visitors, users, customers, and others who access or use our services, whether through our Website, mobile-compatible platforms, third-party delivery integrations, or any other channel through which we operate. If you are using our services 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 references to "you" shall refer to that entity.

You must be at least 13 years of age to use our Website. If you are under the age of 18, you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using our services, you represent that you meet these age requirements.

We reserve the right to update, modify, or replace these Terms at any time. Any changes will be effective upon posting to the Website, and your continued use of our services after such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Description of Services

Mod Pizza operates as a food service company providing customers with the ability to view our menu offerings, place online food orders, schedule pickup or delivery, and engage with promotional content and loyalty programs through the Website located at modpizz.click.

Our services include, but are not limited to:

• Online ordering of food and beverage items, including custom-built pizzas, salads, and sides
• Delivery coordination through our platform or third-party delivery service partners
• In-store pickup scheduling and order management
• User account creation and management
• Loyalty and rewards program participation
• Promotional offers, coupons, and special deals
• Customer support services
• Nutritional and allergen information disclosure
• Catering and group order facilitation

We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict access to any portion of our services at any time without prior notice or liability. We do not guarantee that our services will be available at all times, without interruption, or free from errors or technical issues.

Menu availability, pricing, promotional offers, and service options may vary by location, time, and other factors. We make no guarantees regarding the continuous availability of specific menu items or services in any given location or time period.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Website and 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
• Promptly update your account information if it changes
• Use our services only for lawful purposes and in compliance with all applicable federal, state, and local laws
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account at [email protected]
• Comply with all payment obligations associated with orders placed through our platform

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities when using our Website or services:

• Using our Website for any unlawful purpose or in violation of any local, state, federal, or international laws or regulations
• Attempting to gain unauthorized access to our systems, servers, networks, or databases
• Transmitting viruses, malware, spyware, or any other malicious or harmful software or code
• Using automated tools, bots, scrapers, spiders, or similar technologies to access or collect data from our Website without our express written consent
• Engaging in any form of data mining or unauthorized data harvesting
• Submitting false, fraudulent, or misleading orders, reviews, or information
• Impersonating any person, entity, or organization, or falsely representing your affiliation with any person or entity
• Using our services to engage in any form of harassment, abuse, or harm to other users or third parties
• Attempting to circumvent, disable, or interfere with security-related features of our Website
• Copying, reproducing, distributing, or creating derivative works from our content without authorization
• Using our platform to send spam, unsolicited communications, or promotional materials
• Engaging in any activity that could damage, disable, overburden, or impair the proper functioning of our Website
• Reselling or commercially exploiting any portion of our services without our express written consent
• Placing orders with no intent to pay or using fraudulent payment methods

We reserve the right to terminate your access to our services immediately and without notice if we determine, at our sole discretion, that you have engaged in any prohibited activity. We may also report such activity to law enforcement authorities where appropriate.

4. Account Registration and Security

To access certain features of our Website, including online ordering and loyalty program participation, you may be required to create an account. When creating an account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security by contacting us at [email protected]. We will not be liable for any loss or damage arising from your failure to comply with this security obligation. We reserve the right to terminate accounts, remove or edit content, or cancel orders at our sole discretion.

5. Ordering, Payment Terms, and Pricing

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected food and beverage items at the stated price. We reserve the right to accept or reject any order at our sole discretion. Your order is confirmed only when you receive an order confirmation from us, either on-screen or via email.

We make reasonable efforts to ensure that menu items and prices displayed on our Website are accurate and current. However, we reserve the right to correct errors in pricing or item descriptions at any time. If a pricing error is discovered after you have placed an order, we will notify you and give you the option to confirm your order at the correct price or cancel it.

5.2 Payment

All orders must be paid for at the time of placement. We accept major credit cards, debit cards, and other payment methods as indicated on our Website at the time of checkout. By submitting payment information, you represent and warrant that:

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

All payments are processed through secure, third-party payment processors. We do not store your full credit card information on our servers. Payment transactions are subject to the terms and conditions of the applicable payment processor.

5.3 Taxes

Applicable sales taxes will be calculated and added to your order total at checkout in accordance with federal, state, and local tax laws. You are responsible for paying all taxes associated with your purchases.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience an issue with your order, please contact us immediately at [email protected], and we will work with you to resolve the matter, which may include a replacement, credit, or refund at our discretion.

6. Delivery Services

Where delivery services are offered, we may partner with third-party delivery providers to fulfill your order. These third-party providers operate independently and have their own terms of service and privacy policies. We are not responsible for the actions, delays, or errors of third-party delivery providers, though we will make reasonable efforts to assist in resolving any delivery-related issues.

Delivery availability, fees, estimated times, and minimum order amounts may vary by location and are subject to change without notice. We do not guarantee specific delivery times, and delivery estimates provided are approximations only.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Website and all of its content, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof (collectively, the "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. You may 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.

7.2 Limited License

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

• Modify, copy, or create derivative works based on our Content
• Commercially exploit any portion of our Website or its Content
• Use any data mining, robots, or similar data gathering tools
• Download or copy account information for the benefit of any third party
• Use meta tags or other hidden text utilizing our names or trademarks

7.3 User-Submitted Content

If you submit, post, or otherwise provide any content to us through our Website, including reviews, feedback, comments, or photographs ("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 in and to the User Content and that such content does not violate these Terms or any applicable law.

8. Privacy and Data Protection

Your use of our Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information. By using our services, you consent to the data practices described in our Privacy Policy.

To the extent that you are a resident of California, your use of our services is also subject to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as further described in our Privacy Policy. California residents may have additional rights regarding the collection and use of their personal information.

We comply with the Federal Trade Commission (FTC) Act and applicable FTC regulations governing unfair or deceptive acts and practices in commerce. We are committed to transparent and honest data practices.

9. Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOD 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 OUR SERVICES 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 OR INFORMATION ON OUR WEBSITE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

NUTRITIONAL INFORMATION, ALLERGEN DETAILS, AND INGREDIENT LISTS PROVIDED ON OUR WEBSITE ARE INTENDED AS GENERAL GUIDANCE ONLY AND MAY NOT REFLECT VARIATIONS DUE TO REGIONAL SUPPLIER DIFFERENCES, PREPARATION METHODS, OR MENU UPDATES. INDIVIDUALS WITH FOOD ALLERGIES OR DIETARY RESTRICTIONS SHOULD EXERCISE CAUTION AND CONSULT WITH OUR STAFF DIRECTLY BEFORE PLACING AN ORDER.

10. Limitation of Liability

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

• LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
• COST OF SUBSTITUTE GOODS OR SERVICES
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN
• ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL ELEMENTS TRANSMITTED THROUGH OUR SERVICES
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF USING ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICES

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MOD PIZZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN JURISDICTIONS WHERE THE EXCLUSION OR 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 OTHER CASES, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

11. Indemnification

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

• Your violation of these Terms of Service
• Your use or misuse of our Website or services
• Your violation of any applicable law, regulation, or third-party right
• Any User Content you submit, post, or otherwise transmit through our services
• Your fraud, willful misconduct, or negligence
• Any dispute between you and a third-party delivery provider or other third-party service

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

12. 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 our primary place of business is located, without regard to its conflict of law principles.

Any legal action or proceeding arising under or related to these Terms that is not subject to arbitration as described in Section 13 shall be brought exclusively in the federal or state courts located in the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

These Terms and your use of our services are also subject to applicable federal laws, including the Federal Trade Commission Act (15 U.S.C. § 45), the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, and other applicable federal consumer protection regulations enforced by the Federal Trade Commission (FTC).

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will use reasonable efforts to resolve any issues within thirty (30) days of receiving your notice. If the dispute is not resolved informally within that period, either party may proceed with formal dispute resolution.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AND MOD PIZZA AGREE THAT ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF OUR SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH OUR WEBSITE WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration will be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 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 PROCEEDING. 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.

13.4 Exceptions to Arbitration

Notwithstanding the arbitration agreement above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Additionally, claims that may be brought in small claims court are exempt from the arbitration requirement.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use our Website or services. We reserve the right, at our sole discretion and without notice or liability, to:

• Terminate your access to all or any part of our services at any time, for any reason, including violation of these Terms
• Suspend or deactivate your account temporarily or permanently
• Remove, edit, or refuse any content you submit to our platform
• Discontinue offering any portion of our services

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

Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers of warranties, limitation of liability, indemnification, and dispute resolution provisions.

15. Changes to Terms of Service

We reserve the right to modify, update, or replace these Terms of Service at any time and at our sole discretion. When we make material changes to these Terms, we will post the revised Terms on this page with an updated effective date and, where required by applicable law, provide additional notice such as an email notification or a prominent notice on our Website.

Your continued use of our Website or services after any changes to these Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using our services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

16. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications that are not owned or controlled by Mod Pizza. These links are provided solely for your convenience and informational purposes. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or terms of any third-party websites or services.

We do not endorse or make any representations about third-party websites, services, or any information, products, or materials found there, or any results that may be obtained from using them. If you decide to access any third-party website or service linked from our Website, you do so entirely at your own risk and subject to the terms and conditions applicable to that website or service.

17. Electronic Communications

By using our Website and services, you consent to receive communications from us electronically, including via email or notices posted 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, to the fullest extent permitted by applicable law.

If you opt in to receive promotional emails, text messages, or push notifications from us, you may opt out at any time by following the unsubscribe instructions included in our communications or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, we may still send you transactional or service-related communications, such as order confirmations and account notifications.

18. Allergen and Dietary Information

We take food safety and customer health seriously. We provide nutritional information and allergen details on our Website as a courtesy to our customers. However, our food is prepared in facilities that handle common allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, and shellfish. Cross-contamination may occur.

We strongly encourage customers with food allergies, intolerances, or special dietary requirements to contact our staff directly before placing an order and to exercise their own judgment regarding the suitability of our products. We cannot guarantee that any of our products are completely free from any particular allergen.

The nutritional information provided on our Website is based on standard recipes and may vary based on preparation methods, portion sizes, and regional ingredient variations. This information is not intended as medical or dietary advice.

19. Force Majeure

We shall not be liable for any failure or delay in performance of our 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 or restrictions, labor disputes, supply chain disruptions, power outages, internet or telecommunications failures, civil unrest, or terrorism. In such events, our obligations will be suspended for the duration of the force majeure event, and we will use reasonable efforts to resume normal operations as soon as practicable.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements or policies expressly incorporated herein, constitute the entire agreement between you and Mod Pizza with respect to your use of our Website and services, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, between you and us regarding the subject matter hereof.

21. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

The failure of Mod Pizza to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision unless acknowledged and agreed to in writing. No waiver of any term or provision of these Terms shall be deemed a further or continuing waiver of such term or provision or a waiver of any other term or provision.

22. Waiver

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. A waiver by us of any default shall not constitute a waiver of any subsequent default.

23. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of this Section shall be null and void. We may freely assign or transfer these Terms or any rights or obligations hereunder to any affiliate, successor, or acquirer, without restriction and without notice to you, except as required by applicable law.

24. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to report a violation of these Terms, please do not hesitate to contact us using the information below:

We are committed to addressing your inquiries and resolving any concerns promptly and professionally. Our team will endeavor to respond to all written correspondence within five (5) business days of receipt.