Terms of Service

Please read these Terms of Service carefully before using our website or placing any order with Pizza Factory. By accessing or using our website at pizzafactorynow.rest, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement 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 pizzafactorynow.rest (the "Website") and all related services, including but not limited to online ordering, delivery, catering inquiries, and any other food-related services we provide (collectively, the "Services").

By accessing our Website, creating an account, placing an order, or otherwise engaging with our Services in any manner, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least eighteen (18) years of age or are accessing the Website under the supervision of a parent or legal guardian who agrees to these Terms;
• You have the legal authority to enter into this Agreement on behalf of yourself or the entity you represent;
• You consent to the collection and use of your information as described in our Privacy Policy, which is incorporated by reference into these Terms.

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 all references to "you" in these Terms shall apply to both you individually and that entity.

These Terms apply to all visitors, registered users, customers, and any other persons who access or use our Services. Pizza Factory reserves the right to refuse service to anyone for any lawful reason at any time.

2. Description of Services

Pizza Factory is a food service establishment operating in the United States that offers a variety of food and beverage products, including but not limited to pizzas, appetizers, salads, desserts, beverages, and other menu items ("Products"). Our Services include, but are not limited to:

• Online Ordering: Customers may browse our menu and place orders for pickup or delivery through our Website;
• Dine-In Services: Where available at our physical locations, customers may dine in our restaurant;
• Delivery Services: We may offer delivery services either directly or through third-party delivery platforms within designated service areas;
• Catering Services: We may offer catering for events and group orders, subject to availability and separate terms that may apply;
• Loyalty Programs: We may offer rewards, loyalty programs, or promotional offers, which may be subject to additional terms and conditions;
• Customer Support: We provide customer service through our contact channels to assist with orders, complaints, and general inquiries.

The availability of specific Services may vary based on your geographic location, time of day, weather conditions, staffing availability, or other operational factors. We reserve the right to modify, suspend, discontinue, or restrict access to any part of our Services at any time without notice, and we shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

All menu items and prices displayed on our Website are subject to change without prior notice. Images displayed on our Website are for illustrative purposes only and may not exactly represent the final product. Actual product appearance may vary based on ingredient availability, preparation methods, and portion sizes.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain and promptly update your account information to keep it accurate and complete;
• Keep your account credentials confidential and not share your password with any third party;
• Notify us immediately of any unauthorized use of your account or any other security breach;
• Be present at the delivery address at the agreed time or make appropriate arrangements for receiving your order;
• Pay all applicable fees, charges, taxes, and tips in full and in a timely manner;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our Services;
• Treat our employees, delivery personnel, and other customers with respect and dignity;
• Use our Website and Services only for lawful, personal, and non-commercial purposes unless expressly authorized by us in writing.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities while using our Website or Services:

• Using our Website or Services for any fraudulent, unlawful, or unauthorized purpose;
• Providing false, inaccurate, or misleading information at any time;
• Attempting to gain unauthorized access to any portion of our Website, our servers, or any systems or networks connected to our Website;
• Using any automated means, bots, scrapers, crawlers, or similar technologies to access or collect data from our Website without our express written consent;
• Transmitting any viruses, malware, ransomware, or other harmful or destructive code through our Website;
• Engaging in any activity that could damage, disable, overburden, or impair the functionality of our Website or servers;
• Attempting to reverse engineer, decompile, disassemble, or otherwise discover the source code of our Website;
• Collecting or harvesting any personally identifiable information from our Website without authorization;
• Using our Website to send unsolicited communications, spam, or commercial messages of any kind;
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Posting or transmitting any defamatory, obscene, offensive, or otherwise objectionable content through our Website;
• Placing fraudulent orders, chargebacks, or disputes without legitimate basis;
• Reselling or redistributing our Products or Services without our express written authorization;
• Violating any intellectual property rights belonging to Pizza Factory or any third party;
• Interfering with or disrupting the integrity or performance of our Services or the data contained therein;
• Using our Services in any manner that could create liability for Pizza Factory or harm our reputation.

Violation of any of the above prohibitions may result in immediate termination of your account, cancellation of pending orders, and may subject you to civil or criminal liability. Pizza Factory reserves the right to report any illegal activity to appropriate law enforcement authorities.

4. Intellectual Property Rights

All content, materials, and intellectual property available on or through our Website, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, digital downloads, data compilations, menu designs, trade names, trademarks, service marks, trade dress, and software (collectively, "Content"), are owned by or licensed to Pizza Factory and are protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and other applicable state and federal laws.

Subject to your compliance with these Terms, Pizza Factory grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Content solely for your personal, non-commercial use in connection with our Services. This license does not include:

• The right to copy, reproduce, modify, adapt, translate, distribute, or create derivative works based on our Content;
• The right to use our trademarks, trade names, logos, or service marks without our prior written consent;
• The right to sublicense or transfer any rights granted to you under this license;
• Any commercial exploitation of our Content or Services.

Any unauthorized use of our intellectual property is strictly prohibited and may violate copyright, trademark, and other applicable laws. Such violations may result in civil and criminal penalties. If you believe that any content on our Website infringes your intellectual property rights, please contact us immediately at [email protected].

By submitting any reviews, feedback, comments, suggestions, or other content to us ("User Content"), you grant Pizza Factory a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, translate, distribute, and display such User Content in any media for any business purpose, including marketing and promotional materials. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not violate any third-party rights.

5. Payment Terms

5.1 Pricing and Fees

All prices for our Products and Services are displayed in United States Dollars (USD) and are subject to applicable federal, state, and local sales taxes. Prices are subject to change without notice. The price applicable to your order will be the price displayed at the time you complete your purchase.

Additional fees may apply, including but not limited to delivery fees, service charges, convenience fees, and applicable taxes. These fees will be clearly disclosed before you complete your order. Gratuity or tips for delivery personnel, while encouraged, are voluntary unless otherwise stated.

5.2 Payment Methods

We accept various forms of payment, which may include major credit cards, debit cards, digital wallets, and other payment methods as made available through our Website. By providing 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 applicable fees to your designated payment method.

5.3 Order Confirmation and Cancellations

An order is considered confirmed only upon receipt of our written or electronic confirmation. We reserve the right to cancel or refuse any order at our sole discretion, including cases of suspected fraud, unavailability of Products, pricing errors, or operational constraints. In the event of cancellation by us, you will receive a full refund to your original payment method.

5.4 Refunds and Disputes

If you are dissatisfied with your order due to an error on our part, such as an incorrect item, missing item, or food quality issue, please contact us within twenty-four (24) hours of receiving your order at [email protected]. We will review your claim and, at our sole discretion, offer a refund, replacement, or store credit. We are not responsible for dissatisfaction based on personal taste preferences.

Initiating chargebacks or payment disputes without first contacting us in good faith may result in the suspension or termination of your account. We reserve the right to contest any chargebacks we believe to be fraudulent or unwarranted.

6. Disclaimers and "As-Is" Basis

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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 OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON OUR WEBSITE;
• WARRANTIES THAT OUR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF OUR FOOD PRODUCTS FOR ANY PARTICULAR DIETARY NEEDS OR RESTRICTIONS.

ALLERGEN NOTICE: Our food products are prepared in a kitchen environment where allergens including, but not limited to, wheat/gluten, dairy, eggs, nuts, soy, and shellfish are present. We cannot guarantee that any menu item is completely free from allergens. Customers with food allergies or dietary restrictions are strongly advised to contact us directly before placing an order to discuss their specific needs. Pizza Factory shall not be liable for any allergic reactions or adverse health effects resulting from consumption of our Products.

Pizza Factory does not warrant, endorse, guarantee, or assume responsibility for any third-party services, products, or websites that may be linked to or from our Website. Your use of any third-party services is at your own risk and subject to the terms and conditions of those third parties.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING WITHOUT LIMITATION THE LAWS OF THE UNITED STATES, PIZZA FACTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• DAMAGES ARISING FROM INTERRUPTION OR CESSATION OF OUR SERVICES;
• DAMAGES ARISING FROM ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH OUR WEBSITE BY THIRD PARTIES;
• DAMAGES ARISING FROM ERRORS OR OMISSIONS IN ANY CONTENT OR FROM ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICES.

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

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for certain types of damages. To the extent such exclusions or limitations are not permitted under applicable law, the exclusions or limitations set forth in this section shall apply to the maximum extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Pizza Factory, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, licensors, and representatives (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, losses, damages, liabilities, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

• Your access to or use of our Website or Services;
• Your violation of these Terms or any applicable 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 our Website;
• Your negligence, fraud, willful misconduct, or misrepresentation;
• Any dispute between you and a third party arising in connection with our Services;
• Your failure to comply with any applicable federal, state, or local laws or regulations.

Pizza Factory reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with us in asserting any available defenses. This indemnification obligation shall survive the termination of these Terms and your use of our Services.

9. Governing Law and Jurisdiction

These Terms of Service 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 Pizza Factory's principal place of business is located, without regard to any conflicts of law principles that would require the application of the laws of a different jurisdiction.

To the extent that any dispute is not subject to mandatory arbitration as described in Section 10 below, you agree to submit to the exclusive personal jurisdiction of the federal and state courts located in the United States for the purpose of litigating any such dispute. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

If our business is located in or primarily serves customers in the State of California, certain provisions of the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), may apply to the collection and use of your personal information. Please refer to our Privacy Policy for more details.

Additionally, these Terms are subject to compliance with all applicable federal consumer protection laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which prohibits unfair or deceptive acts or practices in commerce, and any applicable regulations promulgated by the Federal Trade Commission (FTC).

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Pizza Factory at [email protected] and attempt to resolve the dispute informally. We will use reasonable efforts to resolve the dispute within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within that time period, either party may pursue the dispute resolution procedures set forth below.

10.2 Binding Arbitration

Except for disputes that qualify for small claims court, you and Pizza Factory agree that any dispute, claim, or controversy arising out of or relating to these Terms, our Services, or the breach, termination, enforcement, interpretation, or validity thereof shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

The arbitrator shall have authority to award any remedy that would otherwise be available in court. However, you and Pizza Factory agree that:

• Any arbitration shall be conducted on an individual basis only, and not as a class, collective, or representative action;
• The arbitrator may not consolidate proceedings or preside over any form of class or representative proceeding;
• Each party shall bear its own costs and attorneys' fees unless the arbitrator determines that applicable law requires otherwise.

10.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST PIZZA FACTORY. You agree that you may only bring claims against Pizza Factory in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

10.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim is within that court's jurisdiction and meets all applicable requirements. This small claims court exception shall not apply to any claim seeking injunctive or other equitable relief.

11. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use our Website or Services. Pizza Factory reserves the right, in its sole discretion, to:

• Terminate or suspend your access to our Website or Services, with or without cause and with or without notice;
• Delete your account and any associated data in accordance with our Privacy Policy;
• Cancel any pending or future orders associated with your account;
• Take any other action we deem necessary or appropriate to enforce these Terms or protect our interests and the interests of other users.

Grounds for termination include, but are not limited to, violation of these Terms, fraudulent or illegal activity, abusive behavior toward our staff or other users, repeated chargebacks without legitimate basis, or any other conduct that Pizza Factory, in its sole judgment, determines to be harmful to us, our customers, or our operations.

You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to use our Website and Services will immediately cease. Termination shall not relieve you of any obligations you have incurred prior to termination, including payment obligations.

The following sections of these Terms shall survive any termination: Intellectual Property Rights, Payment Terms (with respect to outstanding amounts), Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

12. Changes to Terms

Pizza Factory reserves the right to modify, update, revise, or replace these Terms of Service at any time and for any reason, at our sole discretion. We will provide notice of material changes by:

• Posting the updated Terms on our Website with a new "Last Updated" date;
• Sending an email notification to the email address associated with your account (if applicable); and/or
• Displaying a prominent notice on our Website for a reasonable period following the update.

Your continued use of our Website or Services after the effective date of any revised Terms constitutes your acceptance of those revised Terms. If you do not agree to the updated Terms, you must immediately discontinue your use of our Website and Services. It is your responsibility to review these Terms periodically for any changes.

We encourage you to review these Terms each time you use our Services to ensure you understand the terms and conditions that apply. No amendment to these Terms shall be valid unless made in writing and posted on our Website as described above, except that Pizza Factory may update the contact information in Section 14 at any time without constituting a material change.

13. General Provisions

13.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction or an arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be deemed severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect, and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision. The parties agree that the invalid or unenforceable provision should be modified to reflect the parties' original intent as closely as possible.

13.2 Entire Agreement

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

13.3 Waiver

No waiver by Pizza Factory 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, and any failure of Pizza Factory to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver is only effective if made in writing and signed by an authorized representative of Pizza Factory.

13.4 Assignment

You may not assign or transfer these Terms or any of your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. Pizza Factory may freely assign or transfer these Terms or any of its rights or obligations hereunder without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

13.5 Force Majeure

Pizza Factory 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 acts of God, natural disasters, pandemics, epidemics, government orders, labor disputes, supply chain disruptions, power outages, internet or telecommunications failures, terrorism, or civil unrest. In such cases, our obligations will be suspended for the duration of the force majeure event.

13.6 No Third-Party Beneficiaries

These Terms are for the sole and exclusive benefit of you and Pizza Factory. Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

13.7 Headings

The section headings used in these Terms are included for convenience of reference only and shall not affect the interpretation or construction of these Terms.

14. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, our Services, or your experience with Pizza Factory, please do not hesitate to contact us using the information provided below. We are committed to addressing your inquiries promptly and professionally.

For matters relating to your legal rights under these Terms, including disputes or formal legal notices, please submit your correspondence in writing to the email address above with the subject line "Legal Notice — Terms of Service." We will respond to formal legal inquiries within a reasonable time in accordance with applicable law.

For general customer service inquiries, order issues, or feedback, please email us at [email protected], and our team will be happy to assist you.