Terms of Service

Please read these Terms of Service carefully before using the website located at pizzaspequods.click or any services offered by Pequod's Pizza. By accessing or using our website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please discontinue use of our website and services immediately.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," or "you") and Pequod's Pizza ("Company," "we," "us," or "our"), governing your access to and use of the website pizzaspequods.click (the "Website") and all related services, content, features, and functionality offered by Pequod's Pizza (collectively, the "Services").

By visiting our Website, placing an order, creating an account, subscribing to any communications, or otherwise interacting with any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are using our Services 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 in such case, "you" and "your" will refer to that entity.

You must be at least eighteen (18) years of age to use our Services. By using our Website, you represent and warrant that you meet this age requirement. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including but not limited to if we believe you are under the required age.

Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically to stay informed of any updates.

2. Description of Services

Pequod's Pizza is a food service business dedicated to providing high-quality pizza and related food products to our valued customers. Through our Website and associated Services, we offer the following:

• Online Ordering: Customers may browse our menu, customize food selections, and place orders for pickup or delivery through our Website or affiliated third-party platforms.
• Menu Information: We provide detailed descriptions of our food offerings, including ingredients, pricing, and available customizations, to help customers make informed purchasing decisions.
• Customer Accounts: Users may create an account to manage their orders, save preferences, track order history, and receive personalized communications and promotions.
• Promotions and Loyalty Programs: From time to time, we may offer special promotions, discounts, coupon codes, or loyalty rewards programs, subject to their own terms and conditions.
• Customer Support: We provide customer support via email and other communication channels to assist with inquiries, order issues, and feedback.
• Catering and Special Orders: We may offer catering services or special bulk ordering options for events and gatherings, subject to availability and separate agreements where applicable.
• Informational Content: Our Website may include blog posts, articles, recipes, or other content related to food, pizza-making, and culinary topics for informational and entertainment purposes.

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

Availability of menu items, delivery zones, and service hours may vary based on location, time of day, and operational capacity. We make no guarantee that all menu items will be available at all times.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Services, you agree to:

• Provide accurate, complete, and current information when creating an account or placing an order, including your name, contact information, delivery address, and payment details.
• Maintain the confidentiality of your account credentials and be fully responsible for all activities that occur under your account.
• Notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account.
• Use the Website and Services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
• Comply with all applicable United States laws, including but not limited to the Federal Trade Commission Act, the Computer Fraud and Abuse Act, the CAN-SPAM Act, and any applicable state laws.
• Promptly pay for all orders placed through our Services in accordance with the payment terms set forth herein.
• Treat our employees, contractors, and representatives with respect and refrain from abusive, threatening, or harassing behavior.

3.2 Prohibited Activities

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

• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Using the Website for any fraudulent, deceptive, or unlawful purpose, including placing false or fraudulent orders.
• Attempting to gain unauthorized access to any portion of the Website, server, database, or network connected to the Website.
• Engaging in any form of data mining, scraping, crawling, or harvesting of any content or data from our Website without our prior written consent.
• Uploading, transmitting, or distributing any viruses, malware, spyware, or any other malicious or harmful code through the Website.
• Interfering with or disrupting the integrity, security, or performance of the Website or the servers and networks connected to it.
• Reverse engineering, decompiling, or attempting to extract the source code of any software underlying our Website.
• Using automated systems, bots, or scripts to interact with our Website in a manner that places undue burden on our servers or bypasses our security measures.
• Copying, reproducing, republishing, uploading, posting, or distributing any content from our Website without express written permission.
• Engaging in conduct that could damage, disable, overburden, or impair the Website or Services, or interfere with any other party's use of the Website.
• Submitting false, misleading, or defamatory reviews, ratings, or feedback about our products or Services.
• Using our promotional offers, coupon codes, or loyalty rewards in a manner inconsistent with their intended purpose or in violation of the applicable terms of such promotions.
• Collecting or harvesting any personally identifiable information from the Website without authorization.
• Violating any applicable laws or regulations in connection with your use of the Website or Services.

We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions, including reporting violators to law enforcement authorities where warranted.

4. Intellectual Property Rights

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

The Pequod's Pizza name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Pequod's Pizza. You may not use, copy, reproduce, republish, upload, post, transmit, or distribute any of these marks without our prior written consent. All other trademarks, service marks, and logos used on the Website that are not owned by Pequod's Pizza are the property of their respective owners.

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

• Any resale or commercial use of our Website or its content.
• Any collection and use of any product listings, descriptions, or prices for competitive purposes.
• Any derivative use of our Website or its content.
• Any downloading or copying of account information for the benefit of another merchant.
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of our intellectual property terminates the permission or license granted by us. If you believe that any content on the Website infringes your intellectual property rights, please contact us at [email protected] with detailed information about the alleged infringement.

To the extent you submit any content, feedback, suggestions, reviews, or other materials to us through our Website (collectively, "User Content"), you grant Pequod's Pizza a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, reproduce, modify, publish, distribute, and display such User Content in connection with our Services and business operations. 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.

5. Payment Terms

When you place an order through our Website or any affiliated ordering platform, you agree to pay all fees and charges associated with your order at the time of purchase. The following payment terms apply:

5.1 Pricing

All prices listed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, delivery fees, service charges, or gratuity unless expressly stated. You are responsible for all taxes and fees applicable to your order based on your jurisdiction.

5.2 Payment Methods

We accept major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and other payment methods as indicated on our Website or ordering platform. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

5.3 Authorization

By placing an order, you authorize Pequod's Pizza to charge your designated payment method for the total amount of your order, including applicable taxes and fees. Payment is processed at the time of order placement. We reserve the right to cancel or refuse any order if payment cannot be successfully processed.

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. Refunds or credits may be issued at our sole discretion in cases of incorrect orders, food quality issues, or other circumstances where we determine a refund is warranted. To request a refund, please contact us at [email protected] within twenty-four (24) hours of your order. We reserve the right to resolve complaints through replacement orders, account credits, or refunds as we deem appropriate.

5.5 Promotional Offers

Coupon codes, discounts, and promotional offers are subject to their own terms and conditions, may not be combined with other offers unless expressly permitted, and are valid only for the specified time period and applicable menu items. Pequod's Pizza reserves the right to modify or revoke promotional offers at any time.

6. Disclaimers and As-Is Basis

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

PEQUOD'S 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, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE.
• WARRANTIES THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED.

We do not warrant or make any representations regarding the use of, or the results of the use of, the materials on this Website in terms of their correctness, accuracy, reliability, or otherwise.

6.1 Food Allergy and Dietary Disclaimer

Our food products are prepared in a kitchen environment that handles common allergens, including but not limited to wheat/gluten, dairy, eggs, nuts, soy, and other allergens. While we make reasonable efforts to accommodate dietary restrictions and allergen concerns, we cannot guarantee that our products are completely free from any particular allergen. Customers with severe food allergies or dietary restrictions should exercise caution and contact us directly at [email protected] before placing an order. Pequod's Pizza shall not be liable for any adverse reactions resulting from undisclosed allergens or cross-contamination.

6.2 Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, or services, including delivery platforms. These links are provided for your convenience only. We have no control over the content or practices of these third-party sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of third-party services is subject to their respective terms of service and privacy policies.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEQUOD'S PIZZA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenues, or business opportunities.
• Loss of data or information.
• Damage to goodwill or reputation.
• Cost of substitute goods or services.
• Physical injury or property damage arising from your use of our Services, unless caused by our gross negligence or intentional misconduct.
• Unauthorized access to or alteration of your transmissions or data.
• Any other matter relating to our Services.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PEQUOD'S PIZZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PEQUOD'S PIZZA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO PEQUOD'S PIZZA IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Pequod's Pizza, its owners, officers, directors, employees, agents, contractors, licensors, service providers, 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 of the Website or Services in a manner not authorized by these Terms.
• 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 rights of publicity.
• Any User Content you submit, post, or transmit through our Website.
• Any false or inaccurate information you provide to us.
• Any negligent or wrongful conduct by you in connection with your use of our Services.

We reserve 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 these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. 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 and the applicable laws of the state in which Pequod's Pizza operates, without regard to conflict of law provisions that would cause the application of laws of any other jurisdiction.

You agree that any legal action or proceeding arising under these Terms that is not subject to the arbitration clause set forth below shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

These Terms shall be interpreted and enforced in compliance with applicable United States federal law, including the Federal Trade Commission Act, which prohibits unfair or deceptive acts or practices in commerce. To the extent that state consumer protection laws apply, including the California Consumer Privacy Act (CCPA/CPRA) for California residents, we will comply with those requirements as set forth in our Privacy Policy.

If you access or use our Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws applicable to your use of our Services.

10. Dispute Resolution

10.1 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] with a written description of the dispute, including your name, contact information, and a description of the relief you are seeking. We will attempt to respond to your inquiry within thirty (30) days of receipt. Both parties agree to negotiate in good faith to resolve the dispute.

10.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Services, shall be resolved by binding individual arbitration, rather than in court, except as provided below. You waive your right to participate in a class action lawsuit or class-wide arbitration.

The arbitration shall be administered by a recognized arbitration organization under its then-current rules for consumer disputes. The arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The arbitration shall be conducted in the English language.

10.3 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or to address other matters where immediate court action is necessary to prevent irreparable harm. Additionally, either party may bring individual claims in small claims court if the dispute qualifies and the matter remains in such court.

10.4 Class Action Waiver

YOU AND PEQUOD'S PIZZA EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND PEQUOD'S PIZZA WAIVE ANY RIGHT TO A JURY TRIAL.

10.5 Time Limitation on Claims

Any claim or cause of action you may have arising out of or relating to these Terms or your use of the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such claim or cause of action shall be permanently barred, to the extent permitted by applicable law.

11. Term and Termination

These Terms of Service shall remain in full force and effect while you use our Website or Services. We reserve the right, in our sole discretion, to:

• Suspend or terminate your account or access to all or part of our Services at any time, with or without notice, for any reason or no reason, including but not limited to your violation of these Terms.
• Refuse service to any individual or entity at our sole discretion, consistent with applicable law.
• Remove or disable access to any content on our Website at any time, for any reason.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Please note that termination of your account does not relieve you of any obligations to pay outstanding amounts owed for orders placed prior to termination.

Upon termination of your account or access to our Services for any reason:

• Your right to access and use the Website and Services will immediately cease.
• Any unfulfilled orders may be cancelled at our discretion, and refunds will be issued where appropriate.
• We may retain your account information and order history as required by applicable law or for legitimate business purposes.

Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections covering Intellectual Property Rights, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.

12. Changes to Terms

Pequod's Pizza reserves the right to modify, update, or revise these Terms of Service at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. We may also, in our discretion, notify you of material changes by sending an email to the address associated with your account, posting a notice on our Website, or through other reasonable means of communication.

Your continued use of our Website or Services following the posting of any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately discontinue your use of the Website and Services and, if applicable, close your account.

We encourage you to review these Terms periodically to remain informed about our current practices and policies. It is your responsibility to check for updates to these Terms, and your continued use of our Services after changes are posted constitutes your binding acceptance of such changes.

No modification or amendment to these Terms by you shall be valid or binding unless made in writing and signed by an authorized representative of Pequod's Pizza.

13. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, such provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect.

The parties intend that these Terms shall be construed as broadly as possible to give maximum effect to the lawful purposes and intentions expressed herein. In the event any provision is deemed unenforceable, the parties agree that the court or arbitrator shall have the authority to modify the provision to reflect the parties' original intent as closely as possible in a mutually acceptable manner, so that the transaction contemplated by these Terms may be consummated as originally intended to the fullest extent possible.

14. Additional Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by us on the Website, constitute the entire agreement between you and Pequod's Pizza with respect to your use of the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

14.2 Waiver

No waiver by Pequod's Pizza of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure by Pequod's Pizza to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.3 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. Pequod's Pizza may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

14.4 Force Majeure

Pequod's Pizza shall not be liable for any failure or delay in 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 natural disasters, acts of God, fire, flood, epidemic, pandemic, war, acts of terrorism, governmental actions, labor disputes, power outages, internet or telecommunications failures, or supply chain disruptions. In such events, we will make reasonable efforts to resume normal operations as quickly as possible.

14.5 Electronic Communications

By using our Website or Services, you consent to receive electronic communications from Pequod's Pizza, including order confirmations, receipts, promotional materials (subject to your preferences), and legal notices. You agree that any notices, agreements, disclosures, or other communications sent to you electronically by Pequod's Pizza satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

14.6 Accessibility

Pequod's Pizza is committed to making our Website accessible to all users, including those with disabilities. If you experience any difficulty accessing our Website or Services, please contact us at [email protected] so we can assist you and work to address any accessibility barriers.

15. Contact Information

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

We will make reasonable efforts to respond to all inquiries in a timely manner. For urgent matters related to food safety, allergen concerns, or order issues, please contact us directly via email for the fastest response.

For legal notices required under these Terms, please submit them in writing to the email address provided above with the subject line "Legal Notice – Terms of Service." Legal notices sent by any other means may not be considered valid under these Terms.