Terms of Service

Please read these Terms of Service carefully before using the website pizzafactory-eat.digital or any services offered by Pizza Factory. By accessing or using our website and services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our services.

1. Acceptance of Terms

By accessing, browsing, or using the website located at pizzafactory-eat.digital (hereinafter referred to as the "Website"), placing an order, creating an account, or otherwise engaging with any service provided by Pizza Factory (hereinafter referred to as "Company," "we," "us," or "our"), you (hereinafter referred to as "User," "Customer," or "you") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (hereinafter referred to as "Terms"), our Privacy Policy, and any additional guidelines, policies, or rules applicable to specific features of our services.

These Terms constitute a legally binding agreement between you and Pizza Factory. Your continued use of the Website or services following the posting of any changes to these Terms shall be deemed your acceptance of those changes. If you are using our services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

You must be at least 18 years of age (or the age of majority in your state of residence) to use our services without parental or guardian consent. By using our Website and services, you represent and warrant that you meet the applicable age requirement. Minors between the ages of 13 and 17 may use the Website only with verifiable parental or legal guardian consent and supervision.

2. Description of Services

Pizza Factory is a food service business operating in the United States. We offer the following services to our customers through our Website and physical locations:

2.1 Online Ordering

Our Website enables customers to browse our menu, customize food items, place orders for pickup or delivery, and make payments electronically. We offer a variety of pizza products, beverages, sides, desserts, and other food and beverage items as displayed on our current menu.

2.2 Delivery Services

We provide delivery services within designated geographic areas. Delivery availability, estimated delivery times, and delivery fees are subject to change based on location, order volume, time of day, weather conditions, and other operational factors. Delivery times are estimates only and are not guaranteed.

2.3 In-Store and Pickup Services

Customers may place orders through our Website or in person at our physical location for in-store dining or pickup. Pickup orders will be available for collection at our designated location as indicated during the ordering process.

2.4 Catering and Special Orders

Pizza Factory may offer catering services for events, group orders, and special occasions. These services may be subject to additional terms, minimum order quantities, advance notice requirements, and separate pricing. Please contact us directly to inquire about catering availability.

2.5 Loyalty and Promotional Programs

From time to time, we may offer loyalty programs, promotions, discounts, and special offers. These programs are subject to their own terms and conditions, which will be communicated at the time of the offer. We reserve the right to modify, suspend, or terminate any promotional program at any time without prior notice.

We reserve the right to modify, expand, reduce, or discontinue any services offered at our sole discretion, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

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, placing orders, or otherwise interacting with our services;
• Maintain the confidentiality of your account credentials and immediately notify us of any unauthorized use of your account;
• Use the Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our services;
• Treat our staff, delivery personnel, and other users with respect and courtesy;
• Promptly pay for all orders and services rendered in accordance with our payment terms;
• Ensure that your device and network connection meet the technical requirements necessary to use our Website;
• Keep your account information up to date, including contact information and payment details.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Using the Website or services for any fraudulent, deceptive, or unlawful purpose;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Submitting false, misleading, or fraudulent orders, reviews, or any other content;
• Attempting to gain unauthorized access to our systems, servers, databases, or other computer systems connected to the Website;
• Using automated scripts, bots, crawlers, scrapers, or other automated means to access, collect, or harvest information from the Website;
• Interfering with or disrupting the integrity or performance of the Website or services;
• Uploading, transmitting, or distributing any viruses, malware, spyware, or any other malicious code;
• Engaging in any activity that places an unreasonable or disproportionately large load on our infrastructure;
• Reproducing, duplicating, copying, selling, or exploiting any portion of the Website or services for commercial purposes without our express written permission;
• Collecting or storing personal data about other users without their express consent;
• Posting or transmitting any content that is defamatory, obscene, offensive, harassing, or otherwise objectionable;
• Violating any applicable federal, state, or local laws, including but not limited to those related to food safety, consumer protection, and electronic commerce;
• Placing orders with no intent to pay or accept delivery;
• Using our services to engage in any activity that violates the rights of Pizza Factory or any third party.

We reserve the right to investigate any suspected violations of these Terms and to take appropriate action, including suspending or terminating your account, refusing service, and reporting violations to appropriate law enforcement authorities.

4. Account Registration and Security

To access certain features of our Website, including online ordering and loyalty programs, you may be required to create an account. When registering, you agree to provide truthful, accurate, and complete information. You are solely responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account.

You agree to notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account. We will not be liable for any loss or damage arising from unauthorized use of your account credentials where such unauthorized use results from your failure to safeguard your login information.

We reserve the right to terminate or suspend accounts that we reasonably believe have been created using false information, have been compromised, or are being used in violation of these Terms.

5. Intellectual Property Rights

5.1 Ownership

The Website and all of its content, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the overall design and layout of the Website (collectively, "Content"), are the exclusive property of Pizza Factory or its content suppliers and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

5.2 Trademarks

The name "Pizza Factory," our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pizza Factory. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

5.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with using our services. This license does not include the right to:

• Reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Website or Content;
• Use the Website or Content for any commercial purpose or public display;
• Remove any copyright, trademark, or other proprietary notices from the Website or Content.

5.4 User-Submitted Content

If you submit reviews, comments, photos, feedback, or other content to our Website or social media pages ("User Content"), you grant Pizza Factory a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or control all rights in and to the User Content you submit and that such content does not violate these Terms or any applicable law.

6. Payment Terms

6.1 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes unless expressly stated. You are responsible for paying all applicable sales taxes, fees, and charges associated with your orders.

6.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed on our Website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order, including taxes and delivery fees.

6.3 Order Confirmation

Upon placement of an order, you will receive an electronic confirmation. This confirmation does not constitute acceptance of your order. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to situations involving errors in pricing, unavailability of items, suspected fraud, or other issues.

6.4 Refunds and Cancellations

Orders may be canceled within a limited time window after placement, as indicated on the Website. Once food preparation has begun, cancellations may not be possible. Refunds for canceled orders will be processed to the original payment method within a reasonable time frame. If you receive an incorrect, incomplete, or unsatisfactory order, please contact us immediately at [email protected] so we can address the issue appropriately. We reserve the right to issue refunds, store credits, or replacement orders at our discretion on a case-by-case basis.

6.5 Delivery Fees and Minimum Orders

Delivery fees, minimum order requirements, and service charges will be clearly disclosed at the time of checkout. These fees are subject to change and may vary based on your location, order size, and time of order.

7. Food Allergies and Dietary Information

Pizza Factory makes every effort to provide accurate menu and ingredient information. However, our food is prepared in facilities that handle common allergens including but not limited to wheat, dairy, eggs, tree nuts, peanuts, soy, and shellfish. We cannot guarantee that any menu item is completely free from allergens. If you have a food allergy or dietary restriction, please contact us directly before placing an order. We disclaim all liability for any adverse reactions arising from undisclosed allergens or cross-contamination unless we have been expressly informed of your allergy and have confirmed the ability to accommodate your needs.

8. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES 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 APPLICABLE UNITED STATES LAW, PIZZA FACTORY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION, ERRORS, OR VIRUSES;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS ORDERED THROUGH OUR SERVICES, BEYOND WHAT IS REQUIRED BY APPLICABLE FOOD SAFETY LAW;
• WARRANTIES THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED.

Some states do not allow the exclusion of implied warranties or limitations on consumer rights, so the above exclusions may not apply to you in their entirety. In such cases, any implied warranties are limited to the shortest period permitted by applicable state law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIZZA FACTORY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF OUR SERVICES, EXCEPT WHERE REQUIRED BY LAW;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DELAYS OR INTERRUPTIONS IN DELIVERY OR SERVICE;
• ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE;
• ANY OTHER MATTER RELATING TO OUR SERVICES.

IN ALL CASES, PIZZA FACTORY'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PIZZA FACTORY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

This limitation of liability reflects a reasonable allocation of risk between the parties. The limitations in this section apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Pizza Factory has been advised of the possibility of such damages.

Certain states, including New Jersey, do not permit the exclusion or limitation of consequential or incidental damages in consumer contracts, so the above limitations may not fully apply to you depending on your state of residence.

10. Indemnification

You agree to defend, indemnify, and hold harmless Pizza Factory and its owners, 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;
• Your use of the Website or services;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any intellectual property or other rights of any person or entity;
• Any User Content you submit, post, or transmit through the Website;
• Your negligent or intentional misconduct;
• Any claim by a third party arising from your use of our services.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claims. You shall not settle any claim subject to this indemnification without our prior written consent.

11. Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Website and services, you consent to the collection and use of your information as described in our Privacy Policy. Our privacy practices are designed to comply with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, as well as the Federal Trade Commission Act (FTC Act) and other applicable federal and state privacy regulations.

12. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services 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 websites or services. We encourage you to review the terms and privacy policies of any third-party services you access through our Website. The inclusion of a link to a third-party website does not constitute our endorsement of that website or its content.

We may use third-party service providers to facilitate aspects of our services, including payment processing, delivery logistics, and marketing. These third-party providers are subject to their own terms and privacy policies and may have access to your information only to the extent necessary to perform their services on our behalf.

13. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms or your use of our Website or services 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 operates, without regard to conflict of law principles.

Subject to the Dispute Resolution provisions below, 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 in the United States, and you hereby irrevocably consent to personal jurisdiction and venue in such courts.

These Terms are also subject to applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices in commerce, and all other applicable federal consumer protection statutes and regulations.

For customers residing in California, additional rights may apply under the California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.), the California Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), and other applicable California statutes.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first attempt to resolve any dispute informally by contacting Pizza Factory directly at [email protected]. We will make a good-faith effort to resolve the dispute within thirty (30) calendar days of receiving your written notice describing the nature of the dispute and the resolution sought.

14.2 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, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by a recognized arbitration body in the United States, such as the American Arbitration Association (AAA) under its applicable rules, before a single arbitrator. The arbitration shall be conducted in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND PIZZA FACTORY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

14.4 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 completion of arbitration. You may also assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

14.5 Opt-Out

You may opt out of the binding arbitration provision by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, neither party shall be bound by the arbitration provision.

15. Term and Termination

These Terms are effective from the date you first access or use our Website or services and continue until terminated in accordance with this section.

15.1 Termination by You

You may terminate your account and your use of our services 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 for completed orders.

15.2 Termination by Us

We reserve the right to suspend, restrict, or terminate your access to the Website and services, with or without notice, for any reason at our sole discretion, including but not limited to:

• Violation of these Terms or any applicable law;
• Fraudulent, abusive, or illegal activity;
• Non-payment for services rendered;
• Actions that harm the interests of Pizza Factory, our employees, or other customers;
• Any other reason we determine in our reasonable judgment.

15.3 Effect of Termination

Upon termination of these Terms or your account for any reason, your right to use the Website and services will immediately cease. The following provisions shall survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

16. Changes to These Terms

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

• Posting the updated Terms on our Website with a new "Last Updated" date;
• Sending an email notification to the address associated with your account, where applicable;
• Displaying a prominent notice on our Website.

Your continued use of the Website or services after the effective date of any updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must cease using our Website and services and, if applicable, close your account. We encourage you to review these Terms periodically to stay informed of any changes.

For significant changes, we may require you to affirmatively accept the updated Terms before continuing to use our services.

17. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, or unenforceable for any reason, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving to the greatest extent possible the original intent and economic effect of the original provision. The remaining provisions of these Terms shall continue in full force and effect.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published on our Website, constitute the entire agreement between you and Pizza Factory 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, with respect to the subject matter hereof.

No waiver of any term or provision of these Terms shall be deemed a further or continuing waiver of such term or provision or any other term or provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Force Majeure

Pizza Factory shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, civil unrest, terrorism, labor disputes, power outages, internet service disruptions, supply chain disruptions, or any other event constituting force majeure. In such circumstances, our obligations under these Terms shall be suspended for the duration of the force majeure event, and we shall take reasonable steps to resume normal operations as soon as practicable.

20. Electronic Communications

By using our Website and services, you consent to receive electronic communications from Pizza Factory, including but not limited to order confirmations, receipts, promotional offers, and notices regarding these Terms. These electronic communications satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time by following the unsubscribe instructions included in such communications or by contacting us at [email protected], provided that we may still send you transactional and administrative communications related to your orders and account.

21. Accessibility

Pizza Factory is committed to ensuring that our Website is accessible to all users, including individuals with disabilities, in accordance with applicable United States accessibility standards and the Americans with Disabilities Act (ADA). 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.

22. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, our services, or any other matter, please contact us using the information below:

We will make every effort to respond to your inquiries within five (5) business days of receipt. For urgent matters related to food safety or order issues, please contact us immediately via email.