Terms of Service

Please read these Terms of Service carefully before using the website located at pequods-cafe.click (the "Website") or placing any order through our services. 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 otherwise engaging with our services, you agree to be bound by these Terms of Service and all applicable laws and regulations of the United States.

1. Acceptance of Terms

By accessing, browsing, or using the Website at pequods-cafe.click, or by placing an order for food, beverages, or any other products or services offered by Pequod's Pizza, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, our Privacy Policy (incorporated herein by reference), and any other policies, guidelines, or rules that may be posted on the Website from time to time.

If you do not agree with any part of these Terms of Service, you must immediately cease using our Website and services. Your continued use of the Website following the posting of any changes to these Terms of Service will be deemed your acceptance of those changes.

You represent and warrant that you are at least eighteen (18) years of age, or that you are accessing 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. If you are accessing or using the Website on behalf of a business entity, you further represent and warrant that you have the authority to bind that entity to these Terms of Service.

2. Description of Services

Pequod's Pizza operates as a food service business offering customers the ability to view our menu, place online orders for pickup or delivery, make reservations, and engage with our brand through our Website located at pequods-cafe.click. Our services include, but are not limited to:

• Online Ordering: The ability to browse our full menu and place orders for pizza, appetizers, beverages, desserts, and other food and beverage items available at Pequod's Pizza locations.
• Delivery and Pickup Services: Facilitation of food delivery to designated addresses within our service area, as well as curbside and in-store pickup options as available at participating locations.
• Catering and Group Orders: Special ordering services for large groups, corporate events, parties, and catering arrangements, subject to separate catering agreements where applicable.
• Promotional Offers and Loyalty Programs: Access to special deals, discounts, coupons, promotional codes, and any customer loyalty or rewards programs we may operate from time to time.
• Customer Support: Communication channels including email at [email protected] for inquiries, order issues, complaints, and general assistance.
• Informational Content: Details about our company history, restaurant locations, hours of operation, nutritional information, and other relevant content made available through the Website.

We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict access to any part of our services at any time, with or without prior notice, and without liability to you or any third party. Menu items, prices, and availability are subject to change without notice and may vary by location.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or engaging with any feature of our Website.
• Maintain the security and confidentiality of any account credentials, passwords, or access codes associated with your account.
• Promptly notify us of any unauthorized use of your account or any other breach of security by contacting us at [email protected].
• Use the Website and services only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations.
• Comply with all payment obligations arising from orders placed through our Website, including timely provision of valid payment information.
• Treat our staff, delivery personnel, and other users with respect and courtesy at all times.
• Ensure that a responsible adult is present to accept delivery orders if alcoholic beverages are included in the order, in compliance with applicable state laws regarding the sale and delivery of alcohol.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities when using our Website or services:

• Using the Website or services for any fraudulent, illegal, or unauthorized purpose, including placing fictitious or malicious orders.
• Attempting to gain unauthorized access to any portion of the Website, our servers, databases, or any systems or networks connected to our Website, whether through hacking, password mining, or any other means.
• Introducing viruses, worms, malware, ransomware, Trojan horses, or other harmful code or programs into our Website or any connected systems.
• Using any automated tools, bots, scrapers, crawlers, or data mining technologies to access, collect, or copy data from our Website without our express written consent.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or its content for commercial purposes without our express written permission.
• Posting or transmitting any content that is defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable.
• Impersonating any person or entity, including Pequod's Pizza employees, representatives, or other users.
• Engaging in any activity that interferes with or disrupts the normal operation of the Website, servers, or networks connected thereto.
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of our Website or any associated software.
• Using our Website to distribute spam, unsolicited commercial communications, or chain letters.
• Collecting or harvesting any personally identifiable information from the Website without our express written consent.
• Using our services in any manner that could damage, disable, overburden, or impair the Website's functionality or infrastructure.
• Misusing or abusing our promotional offers, discount codes, or loyalty programs, including creating multiple accounts to take advantage of first-time customer promotions.

We reserve the right to investigate any suspected violation of these Terms of Service and to take appropriate legal action, including, without limitation, referring such violations to law enforcement authorities, terminating your account, or seeking injunctive relief.

4. Intellectual Property Rights

The Website and all of its content, features, and functionality — including but not limited to all text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof — are the exclusive property of Pequod's Pizza or its licensors and are protected by United States copyright laws, trademark laws, trade dress laws, and other intellectual property laws and international conventions.

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. 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.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial purposes in accordance with these Terms of Service. This license does not include the right to:

• Modify or create derivative works based on the Website or its content;
• Use any data mining, robots, or similar data gathering and extraction tools;
• Download or copy account information for the benefit of another merchant or business;
• Use or reproduce any trademark, logo, or proprietary graphics or trade dress without our express written permission.

Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms and may violate copyright, trademark, and other laws. If you believe that any content on our Website infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on the Website are in United States Dollars (USD) and are inclusive of applicable taxes unless otherwise stated. Prices are subject to change without prior notice. The price applicable to your order will be the price displayed at the time you place your order. Delivery fees, service charges, and gratuities may apply and will be clearly disclosed before you complete your purchase.

5.2 Payment Methods

We accept major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as may be displayed on our Website at the time of checkout. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees.

5.3 Order Confirmation and Processing

Your receipt of an order confirmation does not signify our acceptance of your order; rather, it signifies that we have received your order request. We reserve the right, at any time after receipt of your order, to accept, decline, or limit your order for any reason, including but not limited to unavailability of menu items, inaccuracies in pricing or product information, or suspected fraudulent activity.

5.4 Refunds and Cancellations

If you are unsatisfied with your order or if there is an error in your order, please contact us at [email protected] as soon as possible. Refunds, credits, or remakes will be issued at our sole discretion based on the nature of the issue. Orders that have already been prepared or are in transit for delivery may not be eligible for cancellation. We comply with all applicable consumer protection regulations under the Federal Trade Commission Act and applicable state consumer protection laws regarding refunds and cancellations.

5.5 Sales Tax

We collect and remit sales tax in accordance with applicable federal, state, and local tax laws. The applicable tax rate will be calculated based on the delivery address or pickup location associated with your order.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEQUOD'S PIZZA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of, or inability to use, the Website or our services;
• Any unauthorized access to or alteration of your transmissions or data;
• Any errors, inaccuracies, or omissions in the content of our Website;
• Any delay or failure in delivery or preparation of food orders;
• Any food allergies, dietary restrictions, or adverse reactions to food products;
• Any conduct or content of any third party on the Website;
• Any viruses, malware, or other harmful code transmitted to or through the Website;
• Any transactions entered into through the Website.

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

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES PROVIDED BY PEQUOD'S PIZZA 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, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES THAT THE CONTENT OR INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR SUITABLE FOR ANY PARTICULAR PURPOSE;
• WARRANTIES REGARDING THE QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE WEBSITE.

WE DO NOT WARRANT THAT FOOD PRODUCTS WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ALLERGENS. IT IS YOUR SOLE RESPONSIBILITY TO INFORM US OF ANY FOOD ALLERGIES OR DIETARY RESTRICTIONS PRIOR TO PLACING AN ORDER. WHILE WE TAKE REASONABLE PRECAUTIONS TO ACCOMMODATE DIETARY NEEDS, WE CANNOT GUARANTEE THAT OUR KITCHEN IS FREE FROM CROSS-CONTAMINATION.

WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE OR SERVICES. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE WEBSITE IS ACCESSED AT YOUR OWN RISK.

8. Food Allergen and Nutritional Information Disclaimer

Pequod's Pizza makes reasonable efforts to provide accurate allergen and nutritional information for our menu items. However, due to the nature of food preparation, cross-contact with allergens may occur in our kitchens. We cannot guarantee that any menu item is completely free from any specific allergen. If you have severe food allergies or specific dietary requirements, we strongly encourage you to contact us directly at [email protected] before placing an order to discuss your needs. By placing an order, you acknowledge and accept the inherent risk of potential allergen exposure, and you agree that Pequod's Pizza shall not be held liable for any allergic reactions or adverse health effects resulting from the consumption of our food products.

9. Indemnification

You agree to defend, indemnify, and hold harmless Pequod's Pizza and its affiliates, subsidiaries, directors, officers, employees, agents, contractors, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your access to or use of the Website or services;
• Your violation of these Terms of Service or any applicable law or regulation;
• Your violation of any rights of any third party, including intellectual property rights, privacy rights, or contractual rights;
• Any content you submit, post, or transmit through the Website;
• Your fraudulent or intentionally wrongful conduct;
• Your negligence or willful misconduct;
• Any dispute between you and any third party arising out of your use of our services.

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

10. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or your use of the Website and services shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Pequod's Pizza's primary operations are located, without regard to conflict of law principles.

To the extent that any dispute is not subject to binding arbitration as described in Section 11 below, you hereby irrevocably consent to the exclusive personal jurisdiction and venue of the federal and state courts located within the applicable jurisdiction in the United States for the resolution of any such dispute. You waive any objection to the laying of venue of any such proceeding in such courts and any objection that such courts are an inconvenient forum.

You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the Website and services, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Electronic Communications Privacy Act, and all applicable state consumer protection statutes.

If you are a resident of California, you may also have certain rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), which are further described in our Privacy Policy.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms of Service or our services by contacting Pequod's Pizza at [email protected] and providing a written description of the dispute, your desired resolution, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice.

11.2 Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiation, 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 our services, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified by these Terms of Service.

The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that any arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision.

11.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

11.4 Class Action Waiver

YOU AND PEQUOD'S PIZZA AGREE THAT EACH PARTY 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. Any arbitrator shall not have authority to consolidate more than one person's claims and shall not otherwise preside over any form of a representative or class proceeding.

11.5 Time Limitation on Claims

Any claim or cause of action arising out of or related to your use of the Website or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. Failure to file within this time period shall result in the permanent bar of such claim.

12. 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 as long as you continue to use the Website or our services, unless earlier terminated as set forth herein.

We reserve the right, in our sole and absolute discretion, to suspend or terminate your access to the Website and services, or any portion thereof, at any time and for any reason, including but not limited to:

• Your breach of any provision of these Terms of Service;
• Conduct that we determine, in our sole discretion, to be harmful to other users, us, or third parties;
• Fraudulent, abusive, or illegal activity;
• Requests by law enforcement or other government agencies;
• Extended periods of account inactivity;
• Our discontinuation of the Website or any services.

Upon termination, your right to use the Website and services will immediately cease. The following provisions of these Terms of Service shall survive termination: Intellectual Property Rights (Section 4), Limitation of Liability (Section 6), Disclaimers (Section 7), Indemnification (Section 9), Governing Law and Jurisdiction (Section 10), Dispute Resolution and Arbitration (Section 11), and any other provisions that by their nature should survive termination.

You may terminate your account or discontinue use of our services at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations to pay fees or charges accrued prior to termination.

13. 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. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any third-party businesses or individuals or their websites.

We may engage third-party delivery platforms, payment processors, or other service providers to facilitate our services. Your use of such third-party platforms is subject to their own terms of service and privacy policies. We encourage you to review the terms and privacy policies of any third-party services you interact with in connection with our services.

14. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms of Service by this reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in connection with your use of the Website and services. By agreeing to these Terms of Service, you also consent to the data practices described in our Privacy Policy. We encourage you to review our Privacy Policy carefully. If you are a resident of California, our Privacy Policy includes additional disclosures regarding your rights under the CCPA and CPRA.

15. User-Generated Content

If you submit reviews, comments, feedback, suggestions, photographs, or other content to our Website (collectively, "User Content"), you grant Pequod's Pizza a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and perform such User Content in any media format. You represent and warrant that you own or have the necessary rights to submit such User Content and that the User Content does not infringe any intellectual property rights or violate any law or regulation.

We reserve the right, but are not obligated, to monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms of Service or is otherwise objectionable. We are not responsible for the accuracy, completeness, or legality of any User Content submitted by users.

16. Changes to Terms of Service

We reserve the right, at our sole discretion, to modify, amend, update, or replace these Terms of Service at any time. When we make material changes to these Terms of Service, we will notify you by:

• Posting the updated Terms of Service on the Website with a revised "Last Updated" date;
• Sending an email notification to the email address associated with your account, where applicable; and/or
• Displaying a prominent notice on the Website.

Your continued use of the Website or services after any changes to these Terms of Service become effective constitutes your acceptance of the revised Terms of Service. If you do not agree to the revised Terms of Service, you must immediately stop using the Website and services. We encourage you to periodically review these Terms of Service to stay informed of any updates.

If we make changes that materially reduce your rights or increase your obligations, we will make reasonable efforts to provide you with at least thirty (30) days' advance notice before such changes take effect.

17. Severability

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

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

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on the Website, constitute the entire agreement between you and Pequod's Pizza concerning your use of the Website and services, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings between you and Pequod's Pizza with respect to the subject matter hereof, whether written or oral. No amendment to or modification of these Terms of Service will be binding unless made in writing and signed by an authorized representative of Pequod's Pizza, except as otherwise provided herein.

19. Force Majeure

Pequod's Pizza shall not be liable for any failure or delay in performing our obligations under these Terms of Service to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, governmental actions, war, terrorism, labor disputes, power outages, internet service disruptions, or any other event beyond our reasonable control. In the event of a force majeure event, we will make reasonable efforts to notify you and to resume performance as soon as reasonably practicable.

20. Accessibility

Pequod's Pizza is committed to making our Website accessible to all users, including those with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing or using our Website due to a disability, or if you require any accommodations, please contact us at [email protected] and we will make reasonable efforts to assist you.

21. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights and obligations, or our services, please do not hesitate to contact us using the information provided below:

We will make reasonable efforts to respond to all inquiries within five (5) business days. For urgent matters related to your order or account, please contact us immediately via email at [email protected].