Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at pizzafactorynow.click (the "Website") or any services offered by Pizza Factory ("Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Pizza Factory governing your access to and use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website at pizzafactorynow.click, placing an order, creating an account, or engaging with any of our services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference.

If you do not agree with any part of these Terms, you must immediately discontinue your use of our Website and services. Your continued use of the Website following any modification to these Terms constitutes your acceptance of those modifications.

You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement. If you are accessing or using our services on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms.

These Terms apply to all users of the Website, including without limitation users who are browsers, customers, merchants, vendors, or contributors of content.

2. Description of Services

Pizza Factory operates as a food service business providing customers with a variety of pizza and related food and beverage products. Our services include, but are not limited to, the following:

• Online Ordering: Customers may place orders for pizza, side dishes, beverages, desserts, and other menu items through our Website at pizzafactorynow.click.
• Delivery Services: We offer food delivery to eligible addresses within our designated delivery zones, subject to availability, minimum order requirements, and applicable delivery fees.
• Carryout/Pickup Services: Customers may place orders online and pick up their food in person at our designated location(s).
• Catering and Group Orders: We may offer catering services for special events, parties, corporate gatherings, and other group occasions, subject to advance notice and availability.
• Promotions and Loyalty Programs: From time to time, we may offer discount codes, promotional deals, loyalty rewards, and special offers to eligible users.
• Account Management: Users may create an account to manage their order history, saved preferences, payment information, and loyalty rewards.
• Customer Support: We provide customer service and support through our contact channels as described in Section 14 of these Terms.

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any aspect of our services at any time and without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Menu items, prices, availability, and delivery zones are subject to change without notice. Pizza Factory does not guarantee the availability of any particular menu item at any given time.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the security and confidentiality of your account credentials and promptly notify us of any unauthorized use of your account.
• Use the Website and services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, and federal laws and regulations in connection with your use of the Website.
• Ensure that any minors who use your account or device to access our services do so only with your supervision and consent.
• Provide a valid delivery address, phone number, and payment method when placing orders.
• Be present or ensure someone of legal age is present to receive deliveries at the specified address and time.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website for any fraudulent, deceptive, or unlawful purpose, including but not limited to placing fake orders or providing false payment information.
• Attempt to gain unauthorized access to any portion of the Website, server, network, or database connected to the Website.
• Use automated means, including bots, scrapers, crawlers, or similar tools, to access or collect data from our Website without our express written permission.
• Introduce any viruses, trojan horses, worms, ransomware, or other malicious or harmful software or code to our Website or systems.
• Harass, threaten, intimidate, defame, or otherwise harm our employees, contractors, or other users.
• Post, transmit, or share any content that is unlawful, obscene, offensive, defamatory, or otherwise objectionable.
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive source code from our Website or any proprietary software.
• Use our Website to send unsolicited commercial communications (spam) or to engage in any form of phishing.
• Impersonate any person, business, or entity, or falsely represent your affiliation with any person or entity.
• Circumvent, disable, or interfere with security features of the Website or features that prevent or restrict use or copying of any content.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm Pizza Factory or users of the Website.
• Use our services to resell food or products obtained through our Website without our express written authorization.

Violation of any of these prohibited activities may result in immediate termination of your account and access to our services, and may be reported to relevant law enforcement authorities.

4. Intellectual Property Rights

The Website and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, images, photographs, video content, audio content, menu designs, digital downloads, data compilations, software, and the arrangement and presentation thereof — are the exclusive intellectual property of Pizza Factory and/or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The name "Pizza Factory," the Pizza Factory logo, and all related names, logos, product and service names, designs, slogans, and trade dress are trademarks of Pizza Factory or its affiliates or licensors. You may not use such 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 your personal, non-commercial use in connection with using our food services. This license does not include:

• Any resale or commercial use of the Website or its content;
• Any collection or use of product listings, descriptions, or prices;
• Any derivative use of the Website or its content;
• 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.

This license shall automatically terminate if you violate any of these Terms and may be terminated by Pizza Factory at any time without notice. Upon termination of this license, you must destroy any downloaded or printed materials in your possession, whether in electronic or printed format.

Any unauthorized use of the Website or its content terminates the permission or license granted by Pizza Factory and may violate applicable copyright, trademark, and other laws.

5. Payment Terms

5.1 Pricing and Payment

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without prior notice. Applicable sales taxes, delivery fees, and service charges will be calculated and displayed at checkout before you confirm your order.

We accept a variety of payment methods, which may include major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and other payment methods as indicated on our Website at the time of checkout. All payments are processed through secure third-party payment processors.

5.2 Order Confirmation

An order is not confirmed until you receive an electronic confirmation from us. We reserve the right to refuse or cancel any order at any time for reasons including but not limited to: product availability, errors in the description or price of the product, errors in your order, or other reasons at our sole discretion.

5.3 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 your order was incorrect, damaged, or did not meet quality standards, you must contact us within twenty-four (24) hours of receiving your order. We will review your complaint and, at our discretion, may offer a refund, store credit, or replacement order.

Cancellations may only be accepted if the order has not yet been prepared or dispatched for delivery. Please contact us immediately via the contact information in Section 14 if you wish to cancel an order.

5.4 Promotional Codes and Discounts

Promotional codes and discount offers are subject to specific terms and expiration dates. Only one promotional code may be applied per order unless otherwise specified. Promotional codes have no cash value and may not be combined with other offers unless expressly stated.

5.5 Fraudulent Transactions

Pizza Factory reserves the right to suspend or terminate accounts associated with fraudulent transactions, chargebacks, or any other payment disputes deemed to be in bad faith. We may pursue all available legal remedies for fraud and financial misconduct.

6. Limitation of Liability

To the fullest 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:

• Loss of profits, revenue, data, or business opportunities;
• Personal injury or property damage related to your use of our products or services;
• Unauthorized access to or alteration of your transmissions or data;
• Statements or conduct of any third party on the Website;
• Any interruption or cessation of transmission to or from the Website;
• Any bugs, viruses, trojan horses, or similar that may be transmitted through the Website by any third party;
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.

In no event shall Pizza Factory's total cumulative liability to you for all claims arising out of or related to these Terms or our services exceed the greater of: (a) the total amount paid by you to Pizza Factory in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you. In such jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law.

7. Disclaimers

7.1 As-Is and As-Available Basis

THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY PIZZA FACTORY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PIZZA FACTORY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 No Warranty of Accuracy

While we make reasonable efforts to keep our menu, pricing, and other Website information accurate and up to date, Pizza Factory makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any content on the Website. Menu items, ingredients, nutritional information, allergen details, and pricing are subject to change without notice.

7.3 Allergen and Dietary Information

Pizza Factory makes reasonable efforts to provide accurate allergen and nutritional information; however, we cannot guarantee that our products are free from any specific allergen due to the nature of our kitchen environment and shared cooking equipment. If you have food allergies or dietary restrictions, we strongly encourage you to contact us directly before placing an order. Pizza Factory shall not be liable for any allergic reactions or adverse health events resulting from consumption of our products.

7.4 Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Pizza Factory. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit.

7.5 No Guarantee of Uninterrupted Service

Pizza Factory does not warrant that the Website will be available at all times, that it will be uninterrupted, secure, or error-free, or that defects will be corrected. We reserve the right to perform maintenance, updates, or other modifications to the Website at any time without notice.

8. Indemnification

You agree to defend, indemnify, and hold harmless Pizza Factory and its parent company, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, and successors (collectively, the "Indemnified Parties") 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 our services in any manner not authorized by these Terms;
• Your violation of any applicable local, state, federal, or international law or regulation;
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or contractual rights;
• Any content, information, or materials you submit, post, upload, or otherwise transmit through the Website;
• Any fraudulent or intentionally misleading activity conducted through your account;
• Any negligent or willful misconduct on your part in connection with your use of our services.

Pizza Factory reserves the right to assume exclusive control and defense of any matter subject to indemnification by you, in which event you shall cooperate fully with Pizza Factory in asserting any available defenses. You shall not settle any such matter without the prior written consent of Pizza Factory.

9. 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 and the laws of the applicable state in which Pizza Factory operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction located within the United States. You hereby consent to personal jurisdiction and venue in such courts and waive any objection to the laying of venue of any such proceeding in such courts.

These Terms shall also be subject to applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts or practices in commerce. To the extent you are a resident of the State of California, your use of our Website and services may also be subject to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as reflected in our Privacy Policy.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and is expressly excluded.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Pizza Factory directly and attempt to resolve the dispute informally. Please send a written description of your dispute to our email address at [email protected]. We will attempt to resolve the dispute within thirty (30) days of receiving your written notice. If we are unable to resolve the dispute informally within that time period, either party may proceed to the dispute resolution methods described below.

10.2 Binding Arbitration

Except as expressly provided herein, you and Pizza Factory agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of our Website or services (collectively, "Disputes") shall be resolved by binding arbitration, rather than in court.

Arbitration shall be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitrator shall have the authority to grant any remedy or relief that a court of competent jurisdiction could award, including attorneys' fees, if authorized by law.

The arbitration shall be conducted in English and in the United States. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND PIZZA FACTORY 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 Pizza Factory 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.

10.4 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 a party's intellectual property rights, confidential information, or other proprietary rights.

10.5 Time Limitation on Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Term and Termination

11.1 Duration

These Terms of Service shall remain in full force and effect for as long as you continue to access or use our Website or services. Your right to use the Website and services commences upon your first access of the Website and acceptance of these Terms.

11.2 Termination by You

You may terminate your account and your use of our services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including outstanding payment obligations.

11.3 Termination by Pizza Factory

Pizza Factory reserves the right, in its sole discretion, to suspend or terminate your account and access to our Website and services at any time and without notice for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Fraudulent, abusive, or illegal activity associated with your account;
• Repeated chargebacks or payment disputes;
• Failure to pay for orders;
• Any conduct that Pizza Factory determines, in its sole discretion, to be harmful to the Company, other users, or third parties;
• Requests by law enforcement or other governmental authorities.

11.4 Effect of Termination

Upon termination of your account or your access to our services, all rights granted to you under these Terms shall immediately cease. 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, and Dispute Resolution — shall survive any termination or expiration of these Terms.

12. Changes to Terms

Pizza Factory reserves the right to revise, update, or modify these Terms of Service at any time and in our sole discretion. We will notify you of material changes to these Terms by updating the "Last Updated" date at the top of this page and, where appropriate, by sending an email notification to the address associated with your account or by posting a prominent notice on our Website.

It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued use of the Website and services after any modification to these Terms constitutes your binding acceptance of the revised Terms. If you do not agree to the modified Terms, you must immediately discontinue your use of the Website and services.

We encourage you to check this page regularly. Changes are effective immediately upon posting to the Website unless otherwise stated.

13. Severability Clause

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, unenforceable, or contrary to applicable law, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect.

In such event, the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while most closely reflecting the original intent of the parties. The failure of Pizza Factory to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pizza Factory in writing.

These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and Pizza Factory with respect to your use of the Website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

14. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, our services, or any aspect of your experience with Pizza Factory, please do not hesitate to contact us using the information below:

We will endeavor to respond to all inquiries within five (5) business days. For urgent matters, including concerns about food safety or order issues requiring immediate attention, we recommend contacting us via email with the subject line marked "URGENT."

For legal notices and formal communications, please include your full name, contact information, the nature of your inquiry, and any relevant order or account details to help us process your request efficiently.

15. Miscellaneous Provisions

15.1 Entire Agreement

These Terms of Service, together with the Privacy Policy and any other agreements or policies expressly incorporated by reference herein, constitute the entire agreement between you and Pizza Factory with respect to your use of the Website and services, and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and Pizza Factory about the subject matter herein.

15.2 No Waiver

Pizza Factory's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any right or provision will be effective only if it is in writing and signed by a duly authorized representative of Pizza Factory. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

15.3 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of Pizza Factory. Any attempted assignment or transfer in violation of this Section shall be null and void. Pizza Factory may freely assign or transfer these Terms or any of its rights and obligations hereunder without restriction.

15.4 Force Majeure

Pizza Factory shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, war, terrorism, strikes or labor disputes, government actions, utility failures, internet outages, or supply chain disruptions.

15.5 Electronic Communications

By using our Website and services, you consent to receive electronic communications from Pizza Factory, including promotional emails, transactional notifications, and service updates. 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.

15.6 Headings

The headings and subheadings used in these Terms are for convenience and reference only and shall not affect the interpretation or construction of these Terms.