Terms of Service

Please read these Terms of Service carefully before using the website located at pequods-newpizza.click (the "Website") or placing any order through our platform. These Terms of Service constitute a legally binding agreement between you and Pequod's Pizza ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or interacting with our services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations.

1. Acceptance of Terms

By accessing, browsing, or using the Website at pequods-newpizza.click, or by placing an order for our food products and services, you expressly agree to comply with and be bound by these Terms of Service, our Privacy Policy (incorporated herein by reference), and any other policies or guidelines posted on our Website. If you do not agree to these Terms of Service in their entirety, you must immediately discontinue use of the Website and refrain from placing any orders.

These Terms of Service apply to all visitors, users, customers, and others who access or use the Website. By using this Website, 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 are using the Website under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms of Service on your behalf. Persons under the age of thirteen (13) are not permitted to use this Website.

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

2. Description of Services

Pequod's Pizza operates as a food service business offering customers the ability to browse our menu, place orders for pizza and related food and beverage items, and receive those orders via dine-in, carry-out, or delivery services (collectively, the "Services"). The Services may include, without limitation:

• Online ordering of pizzas, appetizers, salads, beverages, and other menu items
• Carryout and delivery order placement and tracking
• Account creation and management for returning customers
• Access to promotions, discounts, coupons, and loyalty rewards (where applicable)
• Customer support and communication regarding orders, menu inquiries, and feedback
• Gift card purchases and redemption (where available)
• Catering inquiry submission and order placement for group or event orders

We reserve the right to modify, suspend, expand, or discontinue any aspect of the Services at any time, with or without notice. The availability of specific menu items, delivery zones, operating hours, and promotions is subject to change without prior notice. We are not liable for any loss or inconvenience resulting from changes to or discontinuation of any aspect of our Services.

Orders placed through the Website are subject to acceptance by Pequod's Pizza. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product description, or suspicion of fraudulent activity. In the event an order is canceled after payment has been processed, we will issue a full refund to the original payment method.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of this Website, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order, including your name, delivery address, contact information, and payment details
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use of your account
• Use the Website only for lawful purposes and in accordance with these Terms of Service
• Comply with all applicable local, state, and federal laws and regulations in connection with your use of the Website and Services
• Be present to receive delivery orders at the address specified or ensure an authorized adult is available to accept the delivery
• Pay all charges associated with your orders, including applicable taxes, delivery fees, and gratuities

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website for any fraudulent, unlawful, misleading, or malicious purpose
• Submit false, inaccurate, or misleading information when placing orders or creating an account
• Attempt to gain unauthorized access to any portion of the Website, server infrastructure, or connected systems
• Engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Website
• Use automated bots, scrapers, crawlers, or other automated means to access, collect data from, or interact with the Website without our express written consent
• Introduce viruses, malware, ransomware, Trojan horses, or other harmful code into the Website or connected systems
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Website or any underlying software
• Copy, reproduce, distribute, or create derivative works based on any content from the Website without our prior written permission
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
• Engage in any activity that could damage, disable, overburden, or impair the Website or servers
• Harvest or collect personal information of other users without their consent
• Use the Website to send spam, unsolicited communications, or chain letters
• Attempt to charge back or dispute valid charges made in connection with orders you received
• Exploit promotions, discount codes, or loyalty rewards in a manner inconsistent with their intended use

We reserve the right to suspend or terminate your access to the Website immediately and without notice if we determine, in our sole discretion, that you have violated any of these prohibitions.

4. Account Registration and Security

Certain features of the Website may require you to create an account. When you create an account, you agree to provide accurate and complete information and to keep that information up to date. 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 Pequod's Pizza immediately at [email protected] if you suspect any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to protect your account credentials. We reserve the right to terminate accounts, remove or edit content, or cancel orders in our sole discretion.

5. Intellectual Property Rights

The Website and all of its contents, features, and functionality — including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, data compilations, digital downloads, software, and the overall design and "look and feel" of the Website — are owned by or licensed to Pequod's Pizza and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

The Pequod's Pizza name, logo, trade dress, and all related names, logos, product and service names, designs, and slogans are trademarks of Pequod's Pizza or its affiliates or licensors. You must not use such marks without the prior written permission of Pequod's Pizza. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with ordering food from Pequod's Pizza. This license does not include:

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

Any unauthorized use of the Website terminates the license granted herein. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent, except as incidentally necessary to view the Website in your browser.

6. Payment Terms

6.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Prices for menu items do not include applicable sales taxes, delivery fees, or service charges unless expressly stated. The total amount charged to your payment method will include the price of all items ordered, applicable taxes, delivery fees, and any other applicable charges as displayed during checkout.

6.2 Payment Methods

We accept major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as displayed at checkout. By submitting your payment information, you represent and warrant that you are authorized to use the payment method provided and that the payment information is accurate and complete.

6.3 Authorization and Charges

By placing an order, you authorize Pequod's Pizza to charge the total order amount to your selected payment method. All transactions are processed through a secure, encrypted payment gateway. Pequod's Pizza does not store complete credit card or debit card numbers on its servers. You are responsible for any applicable bank fees, overdraft fees, or other charges imposed by your financial institution.

6.4 Refunds and Cancellations

Orders may be canceled within a limited window after placement, depending on whether preparation has begun. If you wish to cancel an order, please contact us immediately at [email protected]. Refunds for canceled orders will be issued to the original payment method within five (5) to ten (10) business days, depending on your financial institution. Refunds may also be issued in cases of confirmed order errors, missing items, or significant quality issues, at our sole discretion. We do not guarantee refunds for orders that were delivered as described.

6.5 Promotional Codes and Discounts

Promotional codes, coupons, and discount offers are subject to their specific terms and conditions, including expiration dates, minimum purchase requirements, and restrictions on combinability. We reserve the right to refuse or revoke any promotional code suspected of fraudulent use or misuse.

7. Delivery Terms

Delivery availability, delivery zones, and estimated delivery times are subject to change based on location, weather, demand, and other factors. Estimated delivery times provided are approximations only and are not guarantees. Pequod's Pizza is not responsible for delays caused by factors outside our reasonable control, including traffic conditions, severe weather, or events of force majeure.

You are responsible for providing an accurate delivery address. If a delivery is unsuccessful due to an incorrect address, inaccessible delivery location, or failure to be present to receive the order, Pequod's Pizza reserves the right to retain the order charge without issuing a refund.

8. Disclaimers

8.1 As-Is and As-Available Basis

THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PEQUOD'S PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 No Warranty Regarding Accuracy

We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components, or that any errors or defects will be corrected. We do not warrant that the information provided on the Website, including menu descriptions, prices, nutritional information, or allergen information, is complete, accurate, or up to date. Nutritional and allergen information is provided for general guidance only and may vary based on preparation methods, ingredient substitutions, and other factors. If you have food allergies or dietary restrictions, please contact us directly before placing an order.

8.3 Third-Party Services

The Website may contain links to third-party websites or services, including payment processors and delivery tracking platforms. These links are provided for convenience only. We do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. Your use of third-party websites is governed by those websites' own terms of service and privacy policies.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, IN NO EVENT SHALL PEQUOD'S PIZZA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, the Website or Services
• Any conduct or content of any third party on the Website
• Any food products ordered through the Website, including allergic reactions, illness, or injury resulting from consumption
• Unauthorized access to or alteration of your transmissions or data
• Any interruption or cessation of transmission to or from the Website
• Bugs, viruses, Trojan horses, or similar harmful elements transmitted through the Website
• Errors or omissions in any content on the Website

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PEQUOD'S PIZZA TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO PEQUOD'S PIZZA IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Indemnification

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

• Your violation of these Terms of Service
• Your use of the Website or Services, including your placement of any orders
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property right or privacy right
• Any content or information you submit, post, or transmit through the Website
• Your negligence or willful misconduct
• Any dispute between you and any third party arising out of or related to your use of the Website or Services

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any matter subject to indemnification without our prior written consent.

11. Food Safety and Allergen Notice

Pequod's Pizza takes food safety seriously and strives to comply with all applicable federal, state, and local food safety regulations, including those established by the United States Food and Drug Administration (FDA) and applicable state and local health authorities. Our products are prepared in kitchen environments that handle common allergens including wheat, dairy, eggs, soy, tree nuts, peanuts, shellfish, and sesame. Cross-contact may occur during food preparation.

Allergen and nutritional information provided on the Website is offered for informational purposes only and may not reflect the most current ingredient formulations. We strongly encourage customers with known food allergies, sensitivities, or dietary restrictions to contact us directly at [email protected] before placing an order. Pequod's Pizza is not liable for allergic reactions or adverse health events resulting from the consumption of our products where a customer has failed to disclose known food allergies prior to ordering.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) 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 Pequod's Pizza's principal place of business is located, without giving effect to any choice of law or conflict of law provisions.

To the extent that any lawsuit or court proceeding is permitted under these Terms of Service, you and Pequod's Pizza agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States for the purpose of litigating all such disputes. You waive any objection to the exercise of jurisdiction over you by such courts and to the venue of such courts.

If you are accessing the Website from outside the United States, you do so at your own risk and are responsible for compliance with your local laws to the extent your local laws are applicable.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact Pequod's Pizza at [email protected] and provide a written description of the dispute, your contact information, and your proposed resolution. We will attempt in good faith to resolve the dispute informally within thirty (30) days of receiving your notice. If the parties are unable to resolve the dispute informally within this period, either party may proceed to formal dispute resolution as described below.

13.2 Binding Arbitration

EXCEPT FOR CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR THE USE OF THE WEBSITE OR SERVICES, SHALL BE DETERMINED BY BINDING ARBITRATION. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) CONSUMER ARBITRATION RULES IN EFFECT AT THE TIME OF THE DISPUTE.

The arbitration shall be conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this arbitration provision.

13.3 Class Action Waiver

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

13.4 Exception for Small Claims

Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided the claim qualifies for small claims court jurisdiction under applicable law.

14. Term and Termination

These Terms of Service are effective from the date you first access or use the Website and shall remain in full force and effect for so long as you continue to access or use the Website or Services, unless terminated earlier in accordance with these Terms of Service.

We reserve the right, in our sole discretion, to terminate your access to all or any part of the Website or Services at any time, with or without cause, with or without notice, effective immediately. Grounds for termination may include, but are not limited to, your breach of any provision of these Terms of Service, conduct that we believe is harmful to other users, third parties, or the business interests of Pequod's Pizza, or where we are required to do so by law.

You may 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 for outstanding orders.

Upon any termination of these Terms of Service, the following provisions shall survive: 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.

15. Changes to Terms of Service

Pequod's Pizza reserves the right to revise and update these Terms of Service at any time in our sole discretion. All changes are effective immediately when posted to the Website and apply to all access to and use of the Website thereafter. We will indicate the date of the most recent revision at the top of this page.

Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you. If you do not agree to the new terms, you must stop using the Website and Services immediately.

For material changes that significantly affect your rights or obligations, we will make reasonable efforts to provide notice, which may include posting a notice on the Website, sending an email to the address associated with your account, or other means we deem appropriate.

16. Force Majeure

Pequod's Pizza shall not be liable for any failure or delay in the performance of our obligations under these Terms of Service to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, earthquake, pandemic, epidemic, government restrictions, war, terrorism, labor disputes, utility failures, internet or telecommunications outages, or supply chain disruptions. In such circumstances, our obligations will be suspended for the duration of the force majeure event, and we will make commercially reasonable efforts to resume normal operations as soon as practicable.

17. Electronic Communications

By using the Website, you consent to receiving electronic communications from Pequod's Pizza. These communications may include emails regarding your orders, account information, promotional offers, and updates to our policies. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional emails at any time by following the unsubscribe link in any promotional email or by contacting us at [email protected]. Transactional communications related to your orders cannot be opted out of while you maintain an active account.

18. Consumer Protection Notice

In accordance with the Federal Trade Commission Act (15 U.S.C. § 45), Pequod's Pizza is committed to fair and honest business practices. We do not engage in unfair or deceptive acts or practices in commerce. If you believe that any of our practices are unfair or deceptive, you may contact the Federal Trade Commission (FTC) at www.ftc.gov or call 1-877-FTC-HELP. Customers in California are additionally protected by the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for more information regarding your California privacy rights.

19. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Terms of Service will continue in full force and effect. The invalidity or unenforceability of any provision shall not affect any other provision, and these Terms of Service shall be construed as if the invalid or unenforceable provision had never been contained herein, provided that the overall intent and purpose of the Terms of Service can still be given effect.

20. Waiver

No failure or delay by Pequod's Pizza in exercising any right, power, or remedy under these Terms of Service shall operate as a waiver of that right, power, or remedy. No waiver of any breach of any provision of these Terms of Service shall be deemed a waiver of any subsequent breach of the same or any other provision. A waiver of any right under these Terms of Service is only effective if it is in writing signed by an authorized representative of Pequod's Pizza.

21. Entire Agreement

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

22. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service or our Services, please contact us using the information below. We will make every effort to respond to your inquiry in a timely manner.