Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at pizzafactory-meal.rest (the "Website") or any services offered by Pizza Factory ("Company," "we," "us," or "our"). By accessing or using our Website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

1. Acceptance of Terms

By accessing, browsing, or using the Website at pizzafactory-meal.rest, placing an order, creating an account, or otherwise engaging with any service offered by Pizza Factory, you ("User," "Customer," or "you") expressly agree to be legally bound by these Terms of Service, our Privacy Policy, and any other policies or guidelines incorporated herein by reference.

If you do not agree with any part of these Terms, you must immediately discontinue your use of the Website and services. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes.

You represent and warrant that you are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), that you have obtained the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Pizza Factory does not knowingly collect personal information from children under the age of thirteen (13) in accordance with the Children's Online Privacy Protection Act (COPPA).

These Terms constitute a legally binding contract between you and Pizza Factory. By accepting these Terms, you also confirm that you have the legal authority and capacity to enter into this Agreement, and that you will use our services only for lawful purposes consistent with these Terms and all applicable federal, state, and local laws and regulations.

2. Description of Services

Pizza Factory operates as a food service business providing customers with the ability to browse our menu, place orders for food and beverages, arrange for delivery or in-store pickup, and engage with various features offered through our Website at pizzafactory-meal.rest.

Our services include, but are not limited to:

• Online ordering of pizzas, appetizers, beverages, desserts, and other menu items;
• Delivery services to eligible addresses within our designated service area;
• In-store and curbside pickup options;
• Customer account management, including order history and preferences;
• Promotional offers, loyalty programs, and special discounts;
• Customer support and communications via email and other channels;
• Display of nutritional and allergen information as available.

Pizza Factory reserves the right to modify, suspend, or discontinue any aspect of its services at any time, with or without notice, and without liability to you or any third party. We may also impose limits on certain features or restrict your access to parts or all of our services at our sole discretion.

Menu items, prices, availability, and service areas are subject to change without prior notice. Not all items may be available at all times, and certain products may be subject to seasonal or regional availability.

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 confidentiality of your account credentials and promptly notify us of any unauthorized use;
• Use the Website and services only for their intended, lawful purposes;
• Comply with all applicable federal, state, and local laws and regulations, including but not limited to those related to food ordering, consumer protection, and electronic commerce;
• Ensure that the delivery address you provide is accurate and accessible;
• Be present or designate a responsible adult to receive delivery orders, especially those containing age-restricted products;
• Pay all applicable charges, fees, taxes, and tips associated with your orders in a timely manner.

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 the Website for any fraudulent, deceptive, or unlawful purpose;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Using automated scripts, bots, scrapers, crawlers, or similar tools to access, monitor, or copy content from our Website without our express written permission;
• Attempting to gain unauthorized access to any portion of our Website, systems, servers, or databases;
• Introducing viruses, malware, Trojan horses, or other harmful code into our systems;
• Engaging in any activity that could damage, disable, overburden, or impair the functioning of our Website or servers;
• Harvesting or collecting personal data of other users without authorization;
• Using our services to send unsolicited commercial communications (spam);
• Engaging in any conduct that is harassing, abusive, threatening, defamatory, or otherwise objectionable toward our staff, delivery personnel, or other customers;
• Placing fraudulent orders or chargebacks without legitimate cause;
• Reselling or commercially exploiting any portion of our services without prior written consent;
• Violating any applicable export laws, regulations, or restrictions.

Pizza Factory reserves the right to investigate any suspected violations of these Terms and to take appropriate action, including suspension or termination of your account, reporting to law enforcement authorities, or pursuing civil remedies as permitted by applicable law.

4. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, menu designs, software, and the overall look and feel of the Website (collectively, "Content"), is the exclusive property of Pizza Factory or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Pizza Factory name, logo, and all related names, logos, product and service names, designs, slogans, and trade dress are trademarks of Pizza Factory or its affiliates or licensors. You may not use such marks without the prior written permission of Pizza Factory.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal, non-commercial purposes in connection with using our food ordering services. This license does not include the right to:

• Modify, reproduce, distribute, or create derivative works based on our Content;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Download or copy account information for the benefit of any third party;
• Use our Content for any commercial purpose without our express written consent.

Any unauthorized use of our intellectual property will result in the immediate termination of your license to use our services and may subject you to civil and criminal liability under applicable law, including the Digital Millennium Copyright Act (DMCA) and the Lanham Act.

If you believe that any content on our Website infringes your copyright, please contact us at [email protected] with a detailed description of the alleged infringement, as required by the DMCA.

5. Payment Terms

5.1 Pricing and Payment Methods

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable sales tax as required by federal, state, and local law. Prices are subject to change at any time without prior notice. The price displayed at the time you complete your order will be the price charged to you.

We accept the following forms of payment:

• Major credit cards (Visa, Mastercard, American Express, Discover);
• Debit cards with a Visa or Mastercard logo;
• Digital payment methods as made available through our Website;
• Cash payments for in-store purchases or eligible cash-on-delivery orders.

5.2 Order Confirmation and Charges

By placing an order, you authorize Pizza Factory to charge the payment method you have provided for the total amount of your order, including food items, delivery fees, applicable taxes, and any gratuity you choose to add. You represent and warrant that you are authorized to use the payment method provided.

Order confirmation does not guarantee availability of all ordered items. In the event an item is unavailable after your order is placed, we will contact you to offer a substitution or refund for that item.

5.3 Refunds and Cancellations

Once an order has been submitted and confirmed, cancellations may not be possible if food preparation has already begun. Refund requests for incorrect, missing, or unsatisfactory items will be evaluated on a case-by-case basis. To request a refund or report an issue with your order, please contact us promptly at [email protected].

Chargebacks initiated without first contacting Pizza Factory may result in suspension of your account. Pizza Factory reserves the right to dispute chargebacks that it reasonably believes are fraudulent or without legitimate basis.

5.4 Promotional Offers

Promotional codes, coupons, and discount offers are subject to individual terms and conditions and may not be combined with other offers unless explicitly stated. Pizza Factory reserves the right to modify or revoke promotional offers at any time without prior notice.

6. Delivery Terms

Delivery is available within our designated service area. Estimated delivery times are provided as approximations only and are subject to change based on order volume, weather conditions, traffic, and other factors beyond our control. Pizza Factory does not guarantee delivery within any specific timeframe.

A delivery fee may apply and will be disclosed prior to the completion of your order. Pizza Factory shall not be liable for any delays, losses, or damages arising from delivery circumstances beyond our reasonable control, including but not limited to adverse weather, traffic accidents, or force majeure events.

Upon delivery, you or a designated adult must be available to receive the order. If no one is available to receive the order at the designated address, Pizza Factory may charge you for the full value of the order.

7. Disclaimers and "As-Is" Basis

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES, CONTENT, AND PRODUCTS PROVIDED BY PIZZA FACTORY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY 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 THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES;
• WARRANTIES CONCERNING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCT FOR ANY PARTICULAR DIETARY NEED OR PREFERENCE.

Nutritional and allergen information provided on our Website is based on standard recipes and may vary due to preparation methods, ingredient substitutions, or supplier changes. Customers with food allergies or specific dietary requirements are strongly encouraged to contact us directly before ordering. Pizza Factory cannot guarantee that any food item is free from allergens, including nuts, gluten, dairy, eggs, soy, shellfish, or other common allergens.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the greatest extent permitted by applicable law.

8. Limitation of Liability

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

• Loss of profits, revenue, data, goodwill, or other intangible losses;
• Personal injury or property damage arising from your use of or inability to use our services;
• Any unauthorized access to or alteration of your transmissions or data;
• Conduct of any third party on our Website;
• Any other matter relating to your use of our Website or services.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIZZA FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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

The limitations set forth in this section shall apply even if any limited remedy set forth in these Terms fails of its essential purpose. Some states do not allow certain limitations on liability, so the above limitations may not fully apply to you.

9. Indemnification

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

• Your use of or access to our Website or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights, privacy rights, or consumer protection laws;
• Any content, information, or data you submit, post, or transmit through our Website;
• Your negligence or willful misconduct;
• Any dispute between you and a third party arising from your use of our services.

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 Pizza Factory in the defense of any such matter. This indemnification obligation will survive the termination of these Terms and your use of our services.

10. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or our services shall be governed by and construed in accordance with the laws of the United States and applicable state law, without regard to conflict of law principles.

To the extent that any dispute is not subject to mandatory arbitration as described in Section 11, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the United States for the resolution of any such dispute.

Pizza Factory operates in compliance with applicable federal laws, including but not limited to:

• The Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., prohibiting unfair or deceptive acts or practices in commerce;
• The Electronic Communications Privacy Act (ECPA);
• The CAN-SPAM Act of 2003 governing commercial email communications;
• The Children's Online Privacy Protection Act (COPPA);
• The Americans with Disabilities Act (ADA) to the extent applicable to our online services;
• All applicable state consumer protection statutes and food safety regulations.

For customers located in California, your use of our services may also be subject to the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), as further described in our Privacy Policy. California residents may have additional rights under these statutes, including the right to know, delete, correct, and opt out of the sale or sharing of personal information.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal dispute proceedings, you agree to first contact Pizza Factory at [email protected] and provide a written description of your dispute, including your name, contact information, and a detailed explanation of the claim. Pizza Factory will attempt to resolve the dispute within thirty (30) calendar days of receiving your notice.

11.2 Binding Arbitration

IF THE PARTIES ARE UNABLE TO RESOLVE THE DISPUTE INFORMALLY, YOU AND PIZZA FACTORY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR YOUR USE OF OUR SERVICES (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT.

Arbitration shall be conducted by a recognized arbitration organization, such as the American Arbitration Association (AAA) or JAMS, in accordance with the applicable rules in effect at the time arbitration is commenced. The arbitration shall take place in the United States or via telephonic or video hearing, and the arbitrator's decision shall be final and binding.

11.3 Class Action Waiver

YOU AND PIZZA FACTORY AGREE THAT EACH PARTY 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 ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. Claims for intellectual property infringement may also be pursued in court.

12. Term and Termination

These Terms shall remain in full force and effect while you use our Website or services. Pizza Factory reserves the right, in its sole discretion and without notice or liability, to suspend, restrict, or terminate your access to all or any portion of our Website and services at any time, for any reason or no reason, including but not limited to:

• Violation of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Failure to make timely payment for orders;
• Extended periods of account inactivity;
• Any reason deemed appropriate in Pizza Factory's sole discretion.

You may also terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for completed orders.

Upon termination, all rights and licenses granted to you under these Terms will immediately cease. The following sections shall survive termination of these Terms: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive.

13. Changes to Terms

Pizza Factory reserves the right to modify, update, or revise these Terms of Service at any time, at its sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email to the address associated with your account or by posting a prominent notice on our Website.

Your continued use of our Website or services after such changes have been posted constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using our services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check this page for changes. Pizza Factory shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

14. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or content that are not owned or controlled by Pizza Factory. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to review the terms of service and privacy policies of any third-party websites you visit.

Pizza Factory does not endorse or assume responsibility for any product, service, or content offered by third parties. Your interactions with third-party websites and services are solely between you and those third parties, and Pizza Factory shall have no liability for any losses or damages you may incur as a result of such interactions.

15. 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 its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, civil disturbances, strikes, power failures, internet outages, or other events of force majeure. In such circumstances, Pizza Factory shall be excused from performance for the duration of the force majeure event.

16. Electronic Communications

By using our Website and services, you consent to receiving electronic communications from Pizza Factory, including order confirmations, receipts, promotional messages (if you have opted in), and legal notices. You agree that any agreements, notices, disclosures, or other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of promotional email communications at any time by clicking the "unsubscribe" link in any promotional email or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, you will still receive transactional emails related to your orders and account.

17. Privacy Policy

Your use of our Website and services 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 in accordance with applicable law, including the FTC Act and, where applicable, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). Please review our Privacy Policy carefully before using our services.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Pizza Factory on the 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 agreements, representations, warranties, and understandings with respect to such subject matter.

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, and any failure by Pizza Factory to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Severability

If any provision of these Terms of Service is found to be invalid, illegal, unenforceable, or void by a court or arbitrator of competent jurisdiction under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be deemed severed and deleted from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired by the invalidity, illegality, or unenforceability of the severed provision.

The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction, nor shall it affect the validity or enforceability of any other provision of these Terms.

20. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of Pizza Factory. Pizza Factory may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without restriction. These Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

21. No Waiver

The failure of Pizza Factory to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any breach of these Terms shall not constitute a waiver of any subsequent or continuing breach, and shall not affect the other terms of these Terms.

22. Headings

The section headings used in these Terms are for convenience and organizational purposes only and shall not affect the interpretation or construction of any provision of these Terms.

23. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, your account, an order, or any aspect of our services, please do not hesitate to contact us using the information below:

We will endeavor to respond to all inquiries within a reasonable timeframe. For urgent matters related to food safety or order issues, please contact us as soon as possible so that we may address your concern promptly.