Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at pequodspizza.click (the "Website") or any services offered by Pequod's Pizza ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or using this Website in any manner, you ("User," "Customer," or "you") agree to comply with and be legally bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and Pequod's Pizza.

You represent and warrant that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you are accessing our Website or services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "you" and "your" shall refer to such entity.

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

2. Description of Services

Pequod's Pizza is a food service business operating in the United States. Through our Website at pequodspizza.click, we offer the following services and features:

• Online browsing of our menu items, including pizzas, appetizers, beverages, and other food and drink offerings;
• Online ordering for delivery, carryout, or dine-in reservations, where available;
• Information about our restaurant locations, hours of operation, and contact details;
• Access to promotional offers, coupons, loyalty programs, and special deals;
• Customer account creation and management;
• Catering and group ordering inquiries;
• Gift card purchases and redemption;
• Customer feedback and communication services.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you. Menu items, pricing, availability, and service offerings are subject to change without prior notice and may vary by location.

Pequod's Pizza does not guarantee that any particular menu item will be available at all times. Certain items may be seasonal, limited in quantity, or subject to regional availability. We reserve the right to substitute ingredients or items when necessary due to availability constraints.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a condition of your use of our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or interacting with our Website;
• Maintain the confidentiality of your account credentials and accept responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account;
• Use our Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations when using our Website;
• Respect the intellectual property rights of Pequod's Pizza and third parties;
• Conduct yourself in a respectful and lawful manner when interacting with our staff, representatives, or other users.

3.2 Prohibited Activities

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

• Fraudulent Orders: Placing false, fraudulent, or duplicate orders with no intention of completing payment or taking receipt of the food items;
• Unauthorized Access: Attempting to gain unauthorized access to any portion of our Website, servers, databases, or associated systems;
• Data Mining: Using automated tools, scripts, bots, scrapers, or other means to extract data from our Website without express written permission;
• Malicious Content: Uploading, transmitting, or distributing viruses, malware, spyware, or any other harmful or disruptive code or content;
• Interference: Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure or interferes with the proper functioning of the Website;
• Misrepresentation: Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity;
• Harassment: Harassing, threatening, intimidating, or abusing our staff, customer service representatives, or other users;
• Unlawful Use: Using our Website or services for any unlawful purpose, including but not limited to money laundering, fraud, or any activity that violates applicable law;
• Reverse Engineering: Attempting to reverse engineer, decompile, or disassemble any software or systems underlying our Website;
• Circumventing Security: Circumventing, disabling, or otherwise interfering with security-related features of the Website;
• Commercial Exploitation: Using our Website content or services for commercial purposes without our express written consent;
• Promotional Abuse: Manipulating, abusing, or exploiting promotional codes, coupons, loyalty points, or discount programs in a manner not intended by Pequod's Pizza.

Violation of any of these prohibitions may result in immediate termination of your account and access to our services, and may subject you to civil or criminal liability under applicable law.

4. Account Registration and Security

To access certain features of our Website, you may be required to create a user account. When registering for an account, you agree to provide truthful, accurate, and complete information. You are solely responsible for maintaining the confidentiality of your username, password, and any other account credentials.

You agree to immediately notify Pequod's Pizza at [email protected] of any unauthorized use of your account or any other breach of security. Pequod's Pizza will not be liable for any losses arising from unauthorized use of your account resulting from your failure to keep your credentials secure.

We reserve the right to refuse registration, cancel accounts, or remove or edit content at our sole discretion.

5. Ordering, Payment, and Pricing

5.1 Placing Orders

When you place an order through our Website, you are making an offer to purchase the selected items subject to these Terms. Pequod's Pizza reserves the right to accept or decline any order at its sole discretion. An order is considered confirmed only when you receive a confirmation via email or through the Website. We reserve the right to limit quantities of items per order or per customer.

5.2 Pricing

All prices displayed on our Website are listed in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales tax, delivery fees, service charges, or gratuity unless expressly stated. The total amount due will be displayed prior to the completion of your order. We make every effort to ensure pricing accuracy, but in the event of a pricing error, we reserve the right to cancel your order and refund any payment made.

5.3 Payment Methods

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

Payment processing is handled through third-party payment processors. Pequod's Pizza does not store your complete credit card information on its servers. Your payment information is subject to the privacy policy and terms of service of the applicable payment processor.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you believe there is an error with your order or a quality concern, please contact us at [email protected] within a reasonable time of receiving your order. Refunds or credits, if applicable, will be issued at our sole discretion on a case-by-case basis. Orders may only be cancelled before they have entered the preparation stage.

5.5 Promotional Offers

From time to time, Pequod's Pizza may offer promotional discounts, coupons, or special deals. Such promotions are subject to their own terms and conditions, have expiration dates, and may not be combined with other offers unless expressly stated. We reserve the right to modify or terminate any promotional offer at any time without prior notice.

6. Intellectual Property Rights

All content available on or through our Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video, data compilations, software, and the overall design and compilation of the Website (collectively, "Content"), is the proprietary property of Pequod's Pizza or its content suppliers and is protected by United States and international intellectual property laws, including copyright, trademark, trade dress, and other applicable laws.

The Pequod's Pizza name, logo, and all related product and service names, design marks, and slogans are trademarks or registered trademarks of Pequod's Pizza. You may not use any of our trademarks without our prior written consent. Any unauthorized use of our trademarks may violate applicable trademark laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Website solely for your personal, non-commercial use. This license does not include the right to:

• Reproduce, distribute, modify, or create derivative works of our Content;
• Publicly display or perform our Content;
• Use our Content for any commercial purpose;
• Remove any copyright, trademark, or other proprietary notices from our Content;
• Systematically download or store our Content.

Any use of our Website or Content not expressly permitted by these Terms is strictly prohibited and may violate copyright, trademark, and other applicable laws, and could result in civil or criminal penalties.

7. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Pequod's Pizza. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The inclusion of any link does not imply endorsement by Pequod's Pizza of the linked website or service.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your interactions with third-party websites are solely between you and the applicable third party. Pequod's Pizza shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party websites or services.

8. Disclaimers and "As-Is" Basis

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE, SERVICES, AND ALL CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

PEQUOD'S PIZZA 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 THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON OUR WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED;
• WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH OUR WEBSITE.

Pequod's Pizza does not warrant that menu item descriptions, photographs, nutritional information, allergen information, or other content displayed on the Website are accurate, complete, reliable, current, or error-free. It is your responsibility to communicate any dietary restrictions, allergies, or special requirements directly to our staff before placing an order. While we take reasonable precautions, we cannot guarantee that our food preparation environments are entirely free from allergens.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEQUOD'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR WEBSITE OR SERVICES;
• DAMAGES RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH OUR WEBSITE;
• DAMAGES RESULTING FROM ANY CONTENT OBTAINED FROM OUR WEBSITE;
• ANY OTHER MATTER RELATING TO OUR WEBSITE OR SERVICES.

IN NO EVENT SHALL PEQUOD'S PIZZA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO PEQUOD'S PIZZA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

These limitations apply regardless of the legal theory upon which the claim is based, including negligence, strict liability, breach of contract, breach of warranty, or any other legal or equitable theory, and even if Pequod's Pizza has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless Pequod's Pizza and its officers, directors, employees, agents, licensors, contractors, service providers, and suppliers 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 our Website or services, including any data or content you transmit or receive;
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or proprietary right;
• Your violation of any applicable federal, state, or local law or regulation;
• Any claim that content submitted or posted by you caused damage to a third party;
• Any fraudulent, negligent, or wrongful conduct by you in connection with your use of our Website or services.

Pequod's Pizza reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Pequod's Pizza is registered and primarily operates, without regard to its conflict of law principles.

These Terms are subject to applicable federal law, including the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., which governs unfair or deceptive acts or practices in commerce. To the extent applicable, the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and other applicable state consumer protection statutes may also apply depending on your state of residence.

Subject to the dispute resolution provisions set forth in Section 12, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of our Website shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection as to inconvenient forum.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Pequod's Pizza at [email protected] and provide a written description of your complaint, including your name, contact information, and the nature of the dispute. We will use reasonable efforts to resolve your complaint informally within thirty (30) days of receipt.

12.2 Binding Arbitration

If we are unable to resolve your dispute informally, you and Pequod's Pizza agree to resolve any and all disputes, claims, or controversies arising out of or relating to these Terms or our services through binding individual arbitration, rather than in court, except as set forth in Section 12.4 below. The arbitration shall be conducted by a recognized arbitration organization under its applicable rules and procedures. The arbitration shall take place in the United States, and the arbitration proceedings shall be conducted in English.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including whether a claim is subject to arbitration. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND PEQUOD'S PIZZA AGREE THAT EACH 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 OR REPRESENTATIVE ACTION. Unless both you and Pequod's Pizza agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. This exception is intended to preserve the right of each party to seek urgent relief in appropriate circumstances.

13. Term and Termination

These Terms of Service shall remain in full force and effect while you use our Website or maintain an account with us. Pequod's Pizza reserves the right, at its sole discretion and without prior notice or liability, to:

• Suspend or terminate your access to all or part of our Website or services for any reason, including without limitation if we believe you have violated these Terms;
• Discontinue or modify any aspect of our Website or services at any time;
• Delete or deactivate your account and all related information and files in your account.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination of your account, your right to use our Website and services will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

14. Changes to Terms

Pequod's Pizza reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and may provide additional notice through our Website or via email to the address associated with your account.

It is your responsibility to review these Terms periodically for changes. Your continued use of our Website or services following the posting of any revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must stop using our Website and services immediately and may close your account by contacting us.

We will not apply changes retroactively to disputes that arose before the date of the changes.

15. Food Safety and Allergen Notice

Pequod's Pizza takes food safety seriously and adheres to applicable federal, state, and local food safety regulations. However, please be aware of the following:

Nutritional information provided on our Website is approximate and may vary based on preparation methods, ingredient substitutions, portion sizes, and regional differences. The information is provided for general informational purposes only and should not be relied upon as a substitute for professional nutritional or dietary advice.

Consumers who are pregnant, elderly, immunocompromised, or have certain health conditions are advised to consult with a healthcare professional regarding the suitability of our food products.

16. Privacy and Data Protection

Our collection and use 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, use, and sharing of your information as described in our Privacy Policy.

To the extent applicable under the laws of your state of residence, including but not limited to the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, you may have certain rights with respect to your personal information. Please refer to our Privacy Policy for more information about your rights and how to exercise them.

We are committed to protecting your personal information and maintaining the security of our systems in compliance with applicable United States federal and state privacy laws and regulations.

17. Electronic Communications

By using our Website or providing your email address to Pequod's Pizza, you consent to receiving electronic communications from us, including but not limited to order confirmations, receipts, promotional emails, and legal notices. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of receiving promotional emails at any time by clicking the "unsubscribe" link included in such emails or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, you will continue to receive transactional and administrative communications from us.

18. Force Majeure

Pequod's Pizza 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, acts of war or terrorism, civil unrest, labor disputes, governmental actions, utility or internet outages, supply chain disruptions, or any other event beyond our reasonable control (each, a "Force Majeure Event").

In the event of a Force Majeure Event, we will use commercially reasonable efforts to resume performance as soon as practicable. During a Force Majeure Event, we may modify, suspend, or discontinue services without liability to you.

19. Severability

If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving the original intent of the parties to the greatest extent possible.

The failure of Pequod's Pizza to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if made in writing and signed by an authorized representative of Pequod's Pizza.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements or policies expressly incorporated herein, constitute the entire agreement between you and Pequod's Pizza with respect to your use of our Website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing in these Terms shall create or be deemed to create any third-party beneficiary rights.

21. 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 us using the information below: