Terms of Service

Please read these Terms of Service carefully before using the website pizzafactory.digital or any services offered by Pizza Factory. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be legally bound by these Terms of Service. If you do not agree to these terms, you must immediately discontinue use of our website and services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Pizza Factory ("Company," "we," "us," or "our"), governing your access to and use of the website located at pizzafactory.digital (the "Site") and all related services, features, content, and functionality offered by Pizza Factory.

By accessing the Site, creating an account, placing an order, subscribing to any service, or otherwise interacting with Pizza Factory in any capacity, you affirm that:

• You are at least eighteen (18) years of age, or if you are a minor, you have obtained verifiable parental or legal guardian consent;
• You have the legal authority and capacity to enter into a binding agreement;
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference;
• You will comply with all applicable federal, state, and local laws and regulations in connection with your use of our services.

Your continued use of the Site after any modification to these Terms constitutes your acceptance of the revised Terms. If you are accessing the Site on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Services

Pizza Factory is a food service business operating in the United States, offering a wide range of food products and related services, including but not limited to:

• Online Food Ordering: Customers may browse our menu and place orders for pizza, beverages, side dishes, desserts, and other food items through our website at pizzafactory.digital.
• Delivery Services: We offer food delivery to designated service areas. Delivery availability, minimum order amounts, and delivery fees may vary by location and are subject to change.
• Pickup/Carryout Orders: Customers may place orders online and collect them at our physical location(s) during operating hours.
• Catering and Group Orders: We provide catering services for events, corporate gatherings, and large group orders. Specific terms for catering engagements may be subject to separate agreements.
• Promotional Offers and Loyalty Programs: From time to time, we may offer discounts, promotions, coupons, or loyalty reward programs. These are governed by their own specific terms and conditions in addition to these Terms.
• Nutritional and Allergen Information: We endeavor to provide accurate nutritional and allergen information on our Site, though this information is provided for general guidance only and may not account for cross-contamination or variations in preparation.
• Customer Account Services: Users may register for an account to manage orders, save preferences, access order history, and receive personalized communications.

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

Our services are intended for personal, non-commercial use only unless otherwise agreed in writing. Any commercial resale, redistribution, or unauthorized use of our food products, content, or services is strictly prohibited.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of our Site 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 and promptly notify us of any unauthorized access or security breach;
• Update your account information to keep it accurate and current;
• Use the Site and services only for lawful purposes and in compliance with all applicable laws;
• Pay all charges, fees, and taxes associated with your orders in a timely manner;
• Be present or designate an authorized recipient for delivery orders;
• Comply with any additional policies or guidelines we publish from time to time on our Site.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Site for any fraudulent, deceptive, or unlawful purpose, including but not limited to submitting false orders, providing fraudulent payment information, or making false claims regarding orders or refunds;
• Impersonate any person or entity, misrepresent your identity or affiliation, or falsely claim a relationship with Pizza Factory;
• Attempt to gain unauthorized access to any portion of the Site, our servers, or any connected systems or networks;
• Engage in any activity that interferes with, disrupts, or places an unreasonable burden on our servers, networks, or services;
• Use automated tools, bots, scrapers, or other mechanisms to access, collect, or harvest data from the Site without our express written permission;
• Post, transmit, or distribute any content that is defamatory, obscene, threatening, harassing, abusive, or otherwise objectionable;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our services, products, or content without our express written consent;
• Attempt to reverse engineer, decompile, or disassemble any software or technology used on the Site;
• Circumvent, disable, or interfere with any security-related features of the Site;
• Engage in conduct that may expose Pizza Factory to legal liability or reputational harm;
• Violate any applicable federal, state, or local law, regulation, or ordinance.

Pizza Factory reserves the right to investigate any suspected violations of these Terms and may take appropriate legal or administrative action, including suspension or termination of your account, reporting to law enforcement, or seeking injunctive relief.

4. Intellectual Property Rights

All content, materials, and features available on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade names, and the overall look and feel of the Site (collectively, "Intellectual Property"), are the exclusive property of Pizza Factory or its licensors and are protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and related statutes.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial use in accordance with these Terms. This license does not include:

• Any resale or commercial use of the Site or its content;
• Any collection or use of product listings, descriptions, or pricing;
• Any derivative use of the Site or its content;
• Any downloading, copying, or sharing of account information for the benefit of any third party;
• Any use of data mining, robots, or similar data extraction tools.

The Pizza Factory name, logo, and all related product names, design marks, and slogans are trademarks of Pizza Factory. You may not use any of our trademarks without our prior written consent. Any unauthorized use of our Intellectual Property may constitute a violation of federal and state trademark and copyright laws and may give rise to claims for damages.

If you believe that any content on our Site infringes upon your copyright, please contact us at [email protected] with a written notice pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on the Site are in United States Dollars (USD) and are subject to applicable state and local sales taxes. Prices may be updated from time to time without prior notice, though we will always display the current price at the time you place your order.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that all payment information is accurate and complete. You authorize us to charge the designated payment method for all amounts due in connection with your order.

5.3 Order Confirmation

Receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product description, or suspected fraudulent activity. In the event we cancel your order after payment has been processed, we will issue a full refund to your original payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of our food products, all sales are generally final once an order has been prepared or dispatched. However, if you receive an incorrect, incomplete, or unsatisfactory order, please contact us within 24 hours of receipt at [email protected] to request a review. Refunds, credits, or replacements are issued at the sole discretion of Pizza Factory.

5.5 Promotions and Discounts

Promotional offers, discount codes, and coupons are subject to specific terms and expiration dates. They may not be combined with other offers unless explicitly stated, and Pizza Factory reserves the right to revoke promotional benefits in cases of suspected abuse or fraud.

6. Food Safety, Allergen, and Nutritional Disclaimers

Pizza Factory takes food safety seriously and complies with applicable federal and state food safety regulations, including guidelines issued by the U.S. Food and Drug Administration (FDA) and applicable state health departments. However, you acknowledge that:

• Our food products are prepared in a kitchen environment where common allergens, including but not limited to gluten, dairy, eggs, nuts, soy, shellfish, and fish, may be present;
• We cannot guarantee that any menu item is completely free of allergens or cross-contamination;
• Nutritional information provided on the Site is approximate and based on standard preparation methods; actual nutritional content may vary;
• Customers with known food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order to discuss their specific needs.

Pizza Factory shall not be liable for any adverse reaction, illness, or injury arising from the consumption of our food products where such reaction is attributable to an undisclosed or unknown allergen sensitivity or where the customer failed to notify us of dietary restrictions.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE UNITED STATES AND THE STATE IN WHICH PIZZA FACTORY OPERATES, PIZZA FACTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES;
• DAMAGES ARISING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR PERSONAL INFORMATION STORED THEREIN;
• DAMAGES ARISING FROM ERRORS, INTERRUPTIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS TRANSMITTED THROUGH THE SITE.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

8. Disclaimers (As-Is Basis)

THE SITE AND ALL SERVICES, CONTENT, AND FEATURES PROVIDED BY PIZZA FACTORY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PIZZA FACTORY EXPRESSLY DISCLAIMS ALL WARRANTIES, 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, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE SITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

Pizza Factory does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website, and we will not be a party to or in any way monitor any transaction between you and third-party providers.

9. Indemnification

You agree to defend, indemnify, and hold harmless Pizza Factory and its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers 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 or any applicable law or regulation;
• Your use of the Site or services, including any data or content you transmit or receive;
• Your infringement of any intellectual property or other rights of any person or entity;
• Any misrepresentation made by you in connection with your use of the Site or services;
• Your interaction with any other user of the Site;
• Any claim that your use of the Site or services caused damage to a third party.

Pizza Factory reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. We will notify you of any such claim, suit, or proceeding promptly 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, 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 laws of the state in which Pizza Factory is registered and principally operates, without regard to conflict of law principles.

You agree that any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby consent to the personal jurisdiction and venue in such courts and waive any objection to the laying of venue in such courts.

These Terms are also subject to applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce, and, where applicable, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), if you are a California resident.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Pizza Factory at [email protected] and provide a written description of the dispute, the basis for your claim, and the specific relief you seek. The parties agree to make a good-faith effort to resolve any dispute informally within thirty (30) days of the written notice.

11.2 Binding Arbitration

If the parties are unable to resolve a dispute through informal means, any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding upon both parties.

The arbitration shall take place in the United States at a location mutually agreed upon by the parties, or via remote proceedings where feasible. Each party shall bear its own costs and attorney's fees, except as otherwise required by applicable law or the AAA rules.

11.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive your right to participate in any class action lawsuit or class-wide arbitration against Pizza Factory.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute through arbitration. Claims involving intellectual property infringement, unauthorized use of proprietary information, or violations of computer fraud laws may be brought in a court of competent jurisdiction.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect for as long as you continue to access or use the Site or services. Certain provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

12.2 Termination by Pizza Factory

Pizza Factory reserves the right, at its sole discretion, to suspend or terminate your account and access to the Site and services at any time, with or without notice and with or without cause, including but not limited to situations where we believe you have violated these Terms, applicable law, or have engaged in conduct harmful to Pizza Factory, other users, or third parties.

12.3 Termination by User

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment of any outstanding amounts owed.

12.4 Effect of Termination

Upon termination, your right to access and use the Site and services will immediately cease. Pizza Factory shall have no liability to you or any third party for any termination of your access or account. Any data or content associated with your account may be deleted in accordance with our data retention policies and Privacy Policy.

13. Changes to Terms

Pizza Factory reserves the right to modify, update, or replace these Terms at any time at its sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and may, at our option, provide notice via email, a prominent notice on our Site, or other reasonable means.

It is your responsibility to review these Terms periodically. Your continued use of the Site or services following the posting of any changes to these Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must discontinue your use of the Site and services and, if applicable, terminate your account.

We encourage you to bookmark and periodically review this page at pizzafactory.digital to stay informed of any updates.

14. Third-Party Links and Services

The Site may contain links to third-party websites, platforms, or services that are not owned or controlled by Pizza Factory. These links are provided for convenience only and do not constitute an endorsement, sponsorship, or recommendation of those third-party sites. Pizza Factory has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.

We strongly encourage you to review the terms and privacy policies of any third-party site you visit. Your interactions with third-party sites are solely between you and the applicable third party, and Pizza Factory shall have no liability for any loss or damage arising from your use of any third-party site, service, or content.

15. Privacy Policy

Your privacy is important to us. Our Privacy Policy, available on our Site, describes how we collect, use, store, and disclose information about you when you use our Site and services. By accepting these Terms, you also acknowledge and agree to the practices described in our Privacy Policy.

If you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), including the right to know, delete, correct, and opt-out of the sale or sharing of personal information. Please refer to our Privacy Policy for details on how to exercise these rights.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law, the remaining provisions of these Terms shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving the original intent of the parties to the greatest extent possible.

The failure of Pizza Factory to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision of these Terms shall be effective only if made in writing and signed by an authorized representative of Pizza Factory. No waiver of any breach of these Terms shall be deemed a continuing waiver of any subsequent breach.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Pizza Factory on the Site, constitute the entire agreement between you and Pizza Factory with respect to your use of the Site and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site and services.

No modification, amendment, or waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of Pizza Factory. These Terms may not be assigned by you without the prior written consent of Pizza Factory, but may be assigned by Pizza Factory without restriction.

18. Force Majeure

Pizza Factory shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure arises from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, civil unrest, strikes or labor disputes, supply chain disruptions, power outages, internet or telecommunications failures, or other circumstances beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will make reasonable efforts to notify affected customers and resume normal operations as soon as practicable.

19. Electronic Communications and Notices

By using our Site and services, you consent to receiving electronic communications from Pizza Factory, including but not limited to order confirmations, promotional emails, service updates, and legal notices. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Notices to Pizza Factory under these Terms must be sent in writing to our contact information provided below. We will endeavor to respond to all inquiries within a reasonable timeframe during regular business hours.

20. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us for any purpose related to your use of our Site or services, please reach out to us using the following contact information: