Terms of Service

Please read these Terms of Service carefully before using the Pizza Factory website or placing any order through our platform. By accessing or using our services, you agree to be bound by these Terms of Service in their entirety.

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 pizza-factory.click (the "Site"), as well as any related services, features, content, applications, and functionality offered by Pizza Factory, including but not limited to online food ordering, delivery services, catering inquiries, and any promotional programs (collectively, the "Services").

By visiting our Site, creating an account, placing an order, subscribing to communications, or otherwise engaging with our Services in any capacity, 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 do not agree to these Terms, you must immediately discontinue use of our Site and Services.

You represent and warrant that you are at least eighteen (18) years of age, or that you are at least thirteen (13) years of age and are accessing the Site under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Use of the Services by individuals under the age of thirteen (13) is strictly prohibited.

These Terms apply to all visitors, users, customers, and others who access or use the Services, whether acting in an individual or representative capacity. If you are using the Services on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and that the entity agrees to be bound herein.

2. Description of Services

Pizza Factory is a food service business engaged in the preparation, sale, and delivery of pizza, pasta, sandwiches, appetizers, beverages, desserts, and related food and beverage products. Our Services are made available to customers through our website at pizza-factory.click and may include, but are not limited to, the following:

• Online Ordering: Customers may browse our menu and place orders for pickup or delivery through our Site.
• Delivery Services: Pizza Factory may offer delivery of food orders to addresses within our designated service area. Delivery availability, minimum order requirements, and delivery fees are subject to change and will be disclosed at the time of checkout.
• Carryout/Pickup Services: Customers may place orders online and pick up their orders at our physical location(s).
• Catering Services: Pizza Factory may offer catering packages for events, corporate gatherings, and private parties. Catering arrangements are subject to separate agreements and availability.
• Promotional Programs: From time to time, Pizza Factory may offer discounts, coupons, loyalty programs, or other promotional incentives. Such programs are governed by their own terms and conditions as communicated at the time of offering.
• Customer Accounts: Users may create and manage personal accounts to streamline the ordering process, save preferences, track orders, and access order history.
• Informational Content: The Site may contain menu information, nutritional data, company news, announcements, and other content related to Pizza Factory's offerings.

Pizza Factory reserves the right to modify, suspend, or discontinue any aspect of its Services at any time, with or without notice, and shall not be liable to you or any third party for any such modification, suspension, or discontinuation. Menu items, prices, hours of operation, and delivery areas are subject to change without prior notice.

All food products offered by Pizza Factory are subject to availability. We reserve the right to substitute ingredients, alter recipes, or remove items from the menu at any time due to supply chain issues, seasonal availability, regulatory requirements, or business considerations. We will make reasonable efforts to notify customers of material changes to menu offerings.

3. User Obligations and Prohibited Activities

As a condition of your use of the Services, you agree to comply with all applicable federal, state, and local laws, regulations, and ordinances. You further agree to use the Services only for lawful purposes and in a manner that does not infringe upon the rights of any third party or restrict or inhibit any other person's use or enjoyment of the Services.

3.1 User Obligations

You agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or communicating with Pizza Factory.
• Maintain the security of your account credentials and notify us immediately of any unauthorized access or suspected breach of your account.
• Take responsibility for all activities that occur under your account, whether or not authorized by you.
• Pay for all orders placed through your account in a timely manner using a valid payment method.
• Provide accurate delivery address information and ensure that someone is available to receive the delivery at the designated address and time.
• Comply with all applicable laws regarding the ordering and consumption of food products, including any applicable age restrictions for certain items.
• Treat Pizza Factory staff, delivery personnel, and other users with respect and courtesy at all times.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Services for any unlawful purpose or in violation of any applicable federal, state, or local laws or regulations.
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Submitting false, fraudulent, or misleading information in connection with an order, account registration, or any other interaction with Pizza Factory.
• Engaging in fraudulent chargebacks, unauthorized payment reversals, or any other form of payment fraud.
• Using automated systems, bots, scrapers, or other technological means to access, monitor, or copy content from our Site without our prior written consent.
• Attempting to gain unauthorized access to any portion of the Site, our servers, or any systems or networks connected to our Services.
• Introducing viruses, malware, Trojan horses, worms, or any other harmful code into our systems or networks.
• Interfering with or disrupting the integrity or performance of the Site or the Services, or the data contained therein.
• Collecting or harvesting personally identifiable information of other users without their express consent.
• Using our Services to send unsolicited communications, spam, or promotional materials to other users.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Services, use of the Services, or access to the Services without our express written permission.
• Posting or transmitting any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable.
• Placing orders with no intent to pay or otherwise engaging in abuse of the ordering system.
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Site or the Services.

Violation of any of the above prohibited activities may result in immediate termination of your account, cancellation of any pending orders, and, where appropriate, referral to law enforcement authorities. Pizza Factory reserves the right to pursue all available legal remedies in connection with any violation of these Terms.

4. Intellectual Property Rights

All content, materials, and information available on the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and all other content (collectively, "Content"), are the exclusive property of Pizza Factory or its licensors and are protected by applicable intellectual property laws, including United States copyright laws, trademark laws, and other proprietary rights.

The Pizza Factory name, logo, taglines, trade dress, and all related marks, names, and designs are trademarks and service marks of Pizza Factory. Nothing in these Terms grants you any right, title, or license to use any trademark, service mark, logo, or trade name of Pizza Factory without our prior express written consent.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for your personal, non-commercial purposes in connection with using our Services. This license does not include any right to:

• Reproduce, distribute, publicly display, or create derivative works from any Content;
• Use the Content for commercial purposes or for any public display without our express written permission;
• Reverse engineer, decompile, or otherwise attempt to extract source code from any software included in or related to the Services;
• Remove or alter any copyright, trademark, or other proprietary notices from any Content.

Any unauthorized use of our intellectual property may constitute an infringement of our rights and may subject the violating party to civil and criminal penalties under applicable law, including the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and other applicable federal and state intellectual property statutes.

5. Payment Terms

By placing an order through our Site, you agree to pay all charges associated with your order, including the price of the food items selected, applicable taxes, delivery fees (if applicable), service fees, and any gratuity or tip you choose to add. All prices are listed in United States Dollars (USD).

Pizza Factory accepts various forms of payment as displayed on the Site at the time of checkout, which may include major credit cards, debit cards, and other electronic payment methods. By submitting payment information, you represent and warrant that you are authorized to use the payment method provided and that the information is accurate and complete.

All transactions are processed through secure third-party payment processors. Pizza Factory does not store your full payment card information on its servers. By using our payment services, you also agree to the terms and conditions of our payment processing partners.

Prices displayed on the Site are subject to change without notice. Pizza Factory reserves the right to correct pricing errors at any time. In the event of a pricing error, we will notify you and give you the opportunity to confirm the order at the correct price or cancel the order for a full refund.

All sales are final upon confirmation of your order unless otherwise required by applicable law or stated in our Refund Policy. If you have a concern about your order, please contact us at [email protected] within a reasonable time of receiving your order.

Pizza Factory reserves the right to charge a cancellation fee for orders cancelled after preparation has commenced. Orders that cannot be fulfilled due to unavailability of items will be refunded in full to the original payment method.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIZZA FACTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of, or inability to use, the Site or the Services;
• Any errors, mistakes, or inaccuracies of content on the Site;
• Any unauthorized access to or use of our servers or any personal information stored therein;
• Any interruption or cessation of transmission to or from our Site;
• Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Site by any third party;
• Any food safety issues, allergic reactions, or adverse effects resulting from the consumption of our food products, except as provided under applicable law;
• Any delays or failures in delivery due to circumstances beyond our reasonable control;
• Any third-party content or conduct accessible through or linked from our Site.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PIZZA FACTORY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO PIZZA FACTORY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you to the extent prohibited by applicable law. In such jurisdictions, Pizza Factory's liability shall be limited to the fullest extent permitted by law.

7. Disclaimers

THE SITE AND ALL SERVICES 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 LAW, PIZZA FACTORY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Pizza Factory does not warrant that:

• The Site or Services will be uninterrupted, timely, secure, or error-free;
• The results obtained from use of the Services will be accurate, reliable, or complete;
• Any errors or defects in the Site will be corrected;
• The Site is free of viruses or other harmful components;
• Food products will meet your personal taste, dietary preferences, or health requirements.

Allergen Disclaimer: Pizza Factory handles common food allergens, including but not limited to gluten, dairy, eggs, tree nuts, peanuts, soy, fish, and shellfish. While we make reasonable efforts to accommodate allergen-related requests, we cannot guarantee that our food products are free from cross-contamination. Customers with severe food allergies or dietary restrictions should exercise caution and consult with our staff before placing an order. Pizza Factory shall not be liable for any allergic reactions or adverse health effects resulting from consumption of our products.

Nutritional Information Disclaimer: Any nutritional information provided on the Site is approximate and based on standard preparation methods. Actual nutritional content may vary depending on portion size, preparation method, and ingredient substitutions. Such information is provided for general guidance only and should not be relied upon for medical, dietary, or health decisions.

8. Indemnification

You agree to defend, indemnify, and hold harmless Pizza Factory and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation;
• Your use or misuse of the Site or the Services;
• Any content you submit, post, or transmit through the Site;
• Your violation of any rights of a third party, including but not limited to intellectual property rights or privacy rights;
• Any fraud, misrepresentation, or willful misconduct on your part;
• Any dispute between you and a third party relating to our Services.

Pizza Factory reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with Pizza Factory's defense of such claim. You agree not to settle any such matter without the prior written consent of Pizza Factory.

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 applicable laws of the state in which Pizza Factory is registered and operates, without regard to its conflict of law principles. To the extent that federal law governs any particular aspect of these Terms or the Services, such federal law shall control.

Relevant federal laws that may apply to your use of our Services include, without limitation:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive trade practices;
• The Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.);
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.);
• The Digital Millennium Copyright Act (17 U.S.C. § 512);
• The CAN-SPAM Act (15 U.S.C. § 7701 et seq.) with respect to electronic communications.

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), as detailed in our Privacy Policy.

Subject to the Dispute Resolution provisions set forth in Section 10 below, any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States, and you hereby consent to the personal jurisdiction and venue of such courts.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Pizza Factory at [email protected] and provide a written description of the dispute, your contact information, and the relief sought. Pizza Factory will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute is not resolved within that period, either party may pursue formal dispute resolution as set forth below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims that qualify for resolution in small claims court, and except as otherwise expressly provided herein, you and Pizza Factory agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, or any aspect of the relationship between you and Pizza Factory shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You and Pizza Factory agree that each party will bear its own costs in the arbitration, except that Pizza Factory will pay all AAA filing, administration, and arbitrator fees for claims not exceeding $10,000, provided the claim is not frivolous.

10.3 Class Action Waiver

YOU AND PIZZA FACTORY AGREE THAT EACH PARTY 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. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

10.4 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PIZZA FACTORY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

11. Term and Termination

These Terms shall remain in full force and effect while you use the Site or the Services. Pizza Factory reserves the right, in its sole discretion, to suspend or terminate your account and access to the Services at any time, for any reason or no reason, including but not limited to:

• Violation of these Terms or any applicable law;
• Fraudulent, abusive, or inappropriate conduct;
• Extended periods of account inactivity;
• Requests by law enforcement or government agencies;
• Discontinuation of the Services in whole or in part.

Upon termination of your account or access to the Services:

• Your license to access and use the Site and Services will immediately terminate;
• Pizza Factory may delete your account and associated data, subject to our Privacy Policy and applicable law;
• Any pending orders may be cancelled, subject to applicable refund policies;
• Any accrued rights or obligations of either party prior to termination shall survive.

You may terminate your account at any time by contacting us at [email protected] with a request to deactivate your account. Termination of your account shall not relieve you of any obligations incurred prior to termination, including payment for orders placed.

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

12. Changes to Terms

Pizza Factory reserves the right to modify, amend, or update these Terms of Service at any time in its sole discretion. Any changes will be effective immediately upon posting of the revised Terms on the Site, unless a later effective date is specified. We will update the "Last Updated" date at the top of this page to reflect the date of the most recent revision.

We will make reasonable efforts to provide advance notice of material changes to these Terms, which may include posting a notice on the Site, sending an email to registered users, or displaying a prominent notice upon login. However, it is your responsibility to periodically review these Terms to stay informed of any updates.

Your continued use of the Site or Services following the posting of revised Terms constitutes your acceptance of and agreement to the revised Terms. If you do not agree to the revised Terms, you must cease using the Site and Services immediately.

Pizza Factory may also, in the future, offer new services, features, or tools as part of the Site. Such new features shall be subject to these Terms unless expressly stated otherwise.

13. Additional Legal Provisions

13.1 Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unlawful, void, or unenforceable for any reason, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect to the greatest extent permitted by applicable law.

13.2 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements posted by Pizza Factory on the Site, constitute the entire agreement between you and Pizza Factory regarding your use of the Site and Services, and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between you and Pizza Factory relating to the subject matter herein.

13.3 Waiver

No waiver by Pizza Factory of any breach or default of any provision of these Terms shall be deemed a waiver of any subsequent breach or default, and shall not affect the other terms of these Terms. No waiver shall be effective unless made in writing and signed by an authorized representative of Pizza Factory.

13.4 Assignment

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

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 that such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders or restrictions, labor strikes, supply chain disruptions, power outages, or failures of third-party service providers. In such circumstances, Pizza Factory will make commercially reasonable efforts to resume normal operations as soon as practicable.

13.6 Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Pizza Factory. We provide such links for your convenience only and have no control over the content, privacy practices, or policies of any third-party sites. Pizza Factory assumes no responsibility for the content, terms, or practices of any third-party websites, and your use of such sites is at your own risk. We encourage you to review the terms of service and privacy policies of any third-party sites you visit.

13.7 Electronic Communications

By using our Services, you consent to receive electronic communications from Pizza Factory, including order confirmations, receipts, updates, promotional offers, and service-related notices. You agree that any notices, agreements, disclosures, or other communications that Pizza Factory sends to you electronically will satisfy any legal communication requirements, including 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 directly.

13.8 Headings

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

14. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact Pizza Factory using the following information:

We will make every effort to respond to your inquiries in a timely and professional manner. For order-related concerns, please include your order number and a description of the issue in your communication to facilitate a prompt resolution.