Terms of Service

Please read these Terms of Service carefully before using the website located at modpizza-cheese.click (the "Website") or any services offered through it. By accessing or using our Website, you agree to be bound by these Terms of Service in their entirety.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website at modpizza-cheese.click, or by placing an order, creating an account, or engaging with any content or service provided by Mod Pizza (hereinafter referred to as "the Company," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms of Service, you must immediately discontinue use of this Website and all related services. These Terms of Service constitute a legally binding agreement between you ("User," "you," or "your") and the Company.

You represent and warrant that you are at least eighteen (18) years of age, or if you are between thirteen (13) and seventeen (17) years of age, that you are using this Website under the direct supervision of a parent or legal guardian who has reviewed and agreed to these Terms of Service. Use of this Website by individuals under the age of thirteen (13) is strictly prohibited.

By using this Website, you also acknowledge that electronic acceptance of these Terms of Service is legally valid and enforceable under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and applicable state electronic transaction laws.

2. Description of Services

Mod Pizza operates as a food service business providing customers with access to its menu, online ordering capabilities, promotional information, nutritional data, and other food-related services through its Website at modpizza-cheese.click. Our services include, but are not limited to:

• Online menu browsing and food ordering for delivery, pickup, or dine-in (where available)
• Account creation and management for returning customers
• Loyalty program enrollment and reward tracking
• Promotional offers, discount codes, and special event announcements
• Nutritional information and allergen disclosure for menu items
• Customer support and inquiry management via email and other communication channels
• Catering order requests and group ordering services
• Gift card purchasing and redemption (where available)

The Company reserves the right, at its sole discretion, to modify, suspend, discontinue, or restrict access to any portion of the Services at any time, with or without notice. The Company shall not be liable to you or any third party for any such modification, suspension, or discontinuation of services.

All food products described on this Website are subject to availability. Menu items, pricing, and availability may vary by location, season, and other operational factors. We make no guarantee that any specific menu item will be available at any particular time or location.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

By using the Website and Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order
• Maintain the confidentiality of your account credentials and be fully responsible for all activities occurring under your account
• Promptly notify us of any unauthorized use of your account or any other security breach
• Use the Website and Services only for lawful purposes and in accordance with these Terms of Service
• Comply with all applicable federal, state, and local laws, including but not limited to those governing food ordering, consumer transactions, and electronic commerce
• Respect the intellectual property rights of the Company and third parties

3.2 Prohibited Activities

You expressly 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 fulfillment or payment
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, server, or database connected to the Website, or any systems or networks connected to the Company
• Scraping and Data Mining: Using automated tools, bots, crawlers, scrapers, or data mining technologies to collect information from the Website without prior written consent
• Harmful Content: Submitting, transmitting, or posting any content that is unlawful, defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable
• Malware and Viruses: Uploading or transmitting any viruses, malware, ransomware, Trojan horses, or other harmful or disruptive code
• Impersonation: Impersonating the Company, its employees, other users, or any other person or entity
• Interference: Engaging in any activity that interferes with, disrupts, or places an unreasonable burden on the Website's infrastructure or servers
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise extract source code from any software associated with the Website
• Commercial Exploitation: Using the Website or any of its content for any commercial purpose without the Company's express prior written consent
• Circumvention: Using any device, software, or routine to bypass or circumvent any security measure or restriction on the Website
• Coupon Abuse: Exploiting, duplicating, or fraudulently using promotional codes, discount coupons, or loyalty program rewards beyond their intended purpose

Violation of any of the above prohibitions may result in immediate termination of your account and access to the Website, and may subject you to civil or criminal liability under applicable law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the FTC Act (15 U.S.C. § 45).

4. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof (collectively, "Content"), is the exclusive property of Mod Pizza or its content suppliers and is protected by United States copyright law, trademark law, trade dress law, and international intellectual property conventions.

The Mod Pizza name, logo, trade names, service marks, slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You may not use these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

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

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its Content
• Modify or create derivative works based upon the Website or Content
• Publicly display or perform, distribute, or otherwise exploit the Website or Content for commercial purposes
• Remove any copyright, trademark, or other proprietary notices from the Content

Any unauthorized use terminates the license granted herein. The Company retains all rights not expressly granted in these Terms of Service.

If you believe that any content on the Website infringes your copyright, please contact us at [email protected] with a detailed description of the alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

5.1 Pricing and Fees

All prices for food items, beverages, and other products listed on the Website are stated in United States Dollars (USD) and are subject to change without notice. Prices displayed do not include applicable sales taxes, delivery fees, service charges, or gratuities unless expressly stated otherwise at checkout.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated during the checkout process. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided
• The payment information is accurate and complete
• You authorize us to charge the total amount of your order to the payment method provided

5.3 Order Confirmation and Cancellation

An order is not considered accepted until you receive an electronic confirmation from us. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to cases of suspected fraud, pricing errors, or unavailability of items. If your order is cancelled after payment has been processed, we will issue a full refund to your original payment method within a commercially reasonable timeframe.

5.4 Refunds and Disputes

If you are dissatisfied with your order, please contact our customer support team at [email protected] within a reasonable time of receipt. Refunds are issued at the sole discretion of the Company and in accordance with applicable consumer protection laws, including those enforced by the Federal Trade Commission under the FTC Act.

5.5 Sales Tax

Applicable federal, state, and local sales taxes will be calculated and added to your order total based on the delivery or pickup location. We are responsible for collecting and remitting applicable taxes as required by law.

6. Limitation of Liability

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

• Loss of profits, revenue, or data
• Loss of goodwill or business reputation
• Cost of substitute goods or services
• Personal injury or property damage arising from your use of or inability to use the Website or Services
• Unauthorized access to or alteration of your transmissions or data
• Conduct of any third party on the Website
• Any other matter relating to the Website or Services

THESE LIMITATIONS APPLY WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ANY EVENT, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

7. Disclaimers

7.1 As-Is Basis

THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED THROUGH IT ARE OFFERED 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, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties of title and non-infringement
• Warranties that the Website will be uninterrupted, error-free, or free of viruses or other harmful components
• Warranties regarding the accuracy, completeness, or reliability of any content, information, or materials on the Website

7.2 Food Allergen Disclaimer

While we make reasonable efforts to provide accurate allergen and nutritional information, we cannot guarantee that our food products are free from allergens. Our food is prepared in facilities that handle common allergens including but not limited to wheat, dairy, eggs, soy, tree nuts, peanuts, and shellfish. If you have food allergies or dietary restrictions, please contact us directly before placing an order and exercise appropriate caution.

7.3 Third-Party Links

The Website may contain links to third-party websites or services. These links are provided for convenience only. The Company does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites. Your use of third-party websites is at your own risk and subject to their respective terms and conditions.

7.4 Accuracy of Menu Information

Menu items, descriptions, images, prices, and availability displayed on the Website are subject to change without prior notice. Images of food items are for illustrative purposes only and may not precisely represent the actual product.

8. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza, its officers, directors, employees, agents, contractors, 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 use of or inability to use the Website or Services
• Your violation of these Terms of Service
• Your violation of any applicable federal, state, or local law, regulation, or ordinance
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or contractual rights
• Any content you submit, post, or transmit through the Website
• Your negligence, willful misconduct, or fraud in connection with the Website or Services
• Any dispute between you and any third party related to your use of the Website

The Company reserves the right, at its 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 the Company in asserting any available defenses. You agree not to settle any matter subject to indemnification without the prior written consent of the Company.

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 Mod Pizza's principal place of business is located, without regard to its conflict of law provisions.

You agree that any legal action or proceeding between you and the Company arising out of or relating to these Terms of Service or your use of the Website shall be brought exclusively in the federal or state courts of competent jurisdiction located within the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue in such courts.

The Company operates in compliance with applicable federal consumer protection laws enforced by the Federal Trade Commission (FTC), including the FTC Act (15 U.S.C. § 45), as well as the Americans with Disabilities Act (ADA), the Electronic Communications Privacy Act (ECPA), and other applicable federal statutes.

Nothing in this section shall limit your rights under applicable mandatory consumer protection laws in your state of residence, including but not limited to California Consumer Protection Act (CCPA/CPRA) rights if you are a California resident.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact the Company at [email protected] and attempt to resolve the dispute informally. The parties agree to engage in good-faith negotiations for a period of at least thirty (30) days before pursuing formal dispute resolution.

10.2 Binding Arbitration

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

Except as provided in Section 10.3 below, if the parties cannot resolve a dispute through informal negotiation within thirty (30) days, any dispute, claim, or controversy arising out of or relating to these Terms of Service or your use of the Website shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, rather than in court.

The arbitration shall be conducted in English, in the United States, and the arbitrator's decision shall be final and binding. The arbitrator may award the same damages and relief that a court of competent jurisdiction could award. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

10.3 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 a party's intellectual property rights or confidential information.

10.4 Class Action Waiver

YOU AND THE COMPANY 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 PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

10.5 Time Limitation on Claims

Any claim or cause of action arising out of or related to use of the Website or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred. Some jurisdictions do not allow time limitations on certain types of claims; this limitation does not apply where prohibited by law.

11. Term and Termination

11.1 Term

These Terms of Service are effective as of the date you first access or use the Website and shall remain in full force and effect until terminated in accordance with this section.

11.2 Termination by User

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

11.3 Termination by Company

The Company may, in its sole discretion, immediately suspend, disable, or terminate your account and access to the Website for any reason, including but not limited to:

• Violation of any provision of these Terms of Service
• Fraudulent, abusive, or illegal activity
• Conduct that is harmful to other users, the Company, or third parties
• Failure to pay for orders placed
• Requests by law enforcement or government authorities
• Business reasons, including discontinuation of the Website or Services

11.4 Effect of Termination

Upon termination, your right to access and use the Website and Services immediately ceases. Sections of these Terms of Service that by their nature should survive termination shall survive, including but not limited to Sections 4 (Intellectual Property), 6 (Limitation of Liability), 7 (Disclaimers), 8 (Indemnification), 9 (Governing Law), 10 (Dispute Resolution), and 14 (Severability).

12. Changes to Terms of Service

The Company reserves the right to modify, update, or replace these Terms of Service at any time at its sole discretion. When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page
• Post a notice on the Website's homepage or other prominent location
• Send an email notification to registered account holders where required by applicable law

Your continued use of the Website after any modification to these Terms of Service constitutes your acceptance of and agreement to be bound by the revised Terms. If you do not agree to the revised Terms, you must immediately cease using the Website and, if applicable, close your account.

We encourage you to review these Terms of Service periodically to stay informed of any changes. The most current version of the Terms of Service will always be available at modpizza-cheese.click.

13. Additional Provisions

13.1 Entire Agreement

These Terms of Service, together with the Privacy Policy and any other legal notices or agreements published by the Company on the Website, constitute the entire agreement between you and the Company with respect to your use of the Website and Services and supersede all prior agreements, understandings, representations, warranties, and negotiations between the parties with respect to the subject matter hereof.

13.2 No Waiver

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

13.3 Assignment

You may not assign or transfer these Terms of Service or any rights or obligations hereunder without the prior written consent of the Company. The Company may freely assign or transfer these Terms of Service without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors, and permitted assigns.

13.4 Force Majeure

The Company shall not be liable for any failure to perform its obligations under these Terms of Service arising out of or caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, power outages, telecommunications failures, or civil unrest.

13.5 Notices

All notices, requests, demands, and other communications under these Terms of Service shall be in writing and delivered to the Company via email at [email protected]. The Company may provide notices to you via email to the address associated with your account or by posting a notice on the Website.

14. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms of Service shall continue in full force and effect.

In particular, without limiting the generality of the foregoing:

• If the class action waiver in Section 10.4 is found to be unenforceable, then the entirety of the arbitration agreement in Section 10.2 shall be null and void, and disputes shall be resolved in court
• If any limitation of liability provision in Section 6 is found unenforceable in a particular jurisdiction, it shall apply to the maximum extent permitted by applicable law in that jurisdiction
• The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision herein

The parties agree that any invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the intent and purpose of the original provision.

15. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your use of the Website, or our Services, please contact us using the following information:

We strive to respond to all inquiries within five (5) business days. For urgent matters related to food safety, allergens, or order issues, please indicate the urgency in the subject line of your email.