Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at pizzanapizza.rest (the "Site") or any services offered by Pizzana ("Company," "we," "us," or "our"). By accessing or using our Site and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately cease use of our Site and services.

1. Acceptance of Terms

By visiting, browsing, or otherwise using pizzanapizza.rest, placing an order, creating an account, subscribing to communications, or engaging with any feature of our Site or services, you ("User," "Customer," or "you") enter into a legally binding agreement with Pizzana, governed by these Terms of Service and all applicable federal and state laws of the United States.

These Terms apply to all visitors, registered users, customers, and any other individuals who access or use our Site or services in any capacity. Your continued use of the Site following the posting of any modifications to these Terms constitutes acceptance of those changes.

You represent and warrant that you are at least eighteen (18) years of age, have the legal capacity to enter into binding contracts under applicable law, and are not barred from receiving services under any applicable law. If you are using the Site on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Services

Pizzana is a food service business operating in the United States, offering customers the ability to browse our menu, place orders for food and beverages (including pizza, appetizers, beverages, desserts, and related items), and access information about our restaurant locations, promotions, catering services, and loyalty programs through our website at pizzanapizza.rest.

2.1 Online Ordering

Our Site may offer online ordering functionality allowing customers to place orders for dine-in, carry-out, curbside pickup, or delivery, depending on availability at each location. Orders placed through the Site are subject to availability, operating hours, and geographic service areas. We reserve the right to modify, suspend, or discontinue any aspect of the ordering service at any time without prior notice.

2.2 Catering and Event Services

Pizzana may offer catering services for private and corporate events. Catering orders are subject to separate agreements, minimum order requirements, advance notice requirements, and deposit policies, which will be communicated to you at the time of booking.

2.3 Loyalty Programs and Promotions

From time to time, Pizzana may offer loyalty rewards programs, promotional discounts, coupon codes, or special offers. Such programs and promotions are subject to their own specific terms and conditions, which are incorporated herein by reference. We reserve the right to modify or terminate any loyalty program or promotion at our sole discretion.

2.4 Informational Content

The Site also provides informational content including but not limited to menu items, nutritional information, allergen disclosures, restaurant hours, location information, and company news. While we make reasonable efforts to keep this information current and accurate, we do not warrant that all content is error-free or up to date at all times.

3. User Obligations and Prohibited Activities

By using the Site and our services, you agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to the Federal Trade Commission Act ("FTC Act"), the Computer Fraud and Abuse Act ("CFAA"), and any applicable state consumer protection statutes. You further agree to use the Site solely for lawful purposes and in a manner consistent with these Terms.

3.1 User Obligations

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 accept responsibility for all activities conducted through your account;
• Promptly notify Pizzana of any unauthorized use of your account or any other security breach;
• Use the Site only for personal, non-commercial purposes unless expressly authorized in writing by Pizzana;
• Comply with all instructions, policies, and guidelines posted on the Site;
• Ensure that any food orders you place are intended for lawful consumption and that you accurately represent any dietary requirements or allergen needs to the best of your ability.

3.2 Prohibited Activities

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

• Using the Site for any unlawful purpose or in violation of any federal, state, or local law or regulation;
• Attempting to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means;
• Transmitting any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation;
• Uploading, posting, or transmitting any content that is defamatory, obscene, offensive, fraudulent, or otherwise objectionable;
• Impersonating any person or entity or falsely representing your affiliation with any person or entity;
• Using any automated means, including bots, scrapers, crawlers, or scripts, to access, monitor, or copy any content from the Site without our express written consent;
• Interfering with or disrupting the integrity or performance of the Site or any server or network connected to the Site;
• Engaging in any activity that could damage, disable, overburden, or impair the Site or its infrastructure;
• Collecting or harvesting any personally identifiable information from the Site without authorization;
• Using the Site to place fraudulent orders or to engage in any form of payment fraud;
• Reproducing, duplicating, copying, selling, or reselling any portion of the Site or its content without express written permission from Pizzana;
• Attempting to reverse engineer any software associated with the Site;
• Violating any applicable food safety laws or regulations in connection with the use of our services.

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

4. Account Registration

Certain features of our Site, including online ordering and loyalty program participation, may require you to create an account. When creating an account, you must provide truthful and accurate information. You are responsible for maintaining the security of your login credentials. Pizzana will not be liable for any loss or damage arising from your failure to protect your account information.

We reserve the right to suspend or terminate any account that we reasonably believe has been created using false information, is being used in violation of these Terms, or poses a risk to the integrity of our platform or services.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Applicable taxes, service fees, and delivery fees (where applicable) will be clearly displayed during the checkout process before you complete your order. Pizzana reserves the right to correct any pricing errors, including after an order has been submitted.

5.2 Payment Methods

Pizzana accepts various forms of payment as indicated at the time of purchase, which may include major credit cards, debit cards, and other electronic payment methods. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

5.3 Order Confirmation

Upon successful placement of an order, you will receive an electronic order confirmation. This confirmation constitutes acknowledgment that we have received your order but does not constitute acceptance of your order. We reserve the right to cancel or refuse any order at any time for any reason, including but not limited to product unavailability, errors in pricing or product descriptions, or suspected fraudulent activity. In the event of a cancellation, any charges made to your payment method will be refunded.

5.4 Refunds and Cancellations

Refund and cancellation policies may vary depending on the type of order (dine-in, pickup, delivery, or catering) and the circumstances of the request. For standard orders, once an order has been confirmed and preparation has begun, cancellation may not be possible. If you believe you are entitled to a refund due to an error by Pizzana or a quality issue, please contact us at [email protected] within twenty-four (24) hours of receiving your order. We will evaluate refund requests on a case-by-case basis in accordance with applicable consumer protection laws.

5.5 Fraudulent Transactions

Pizzana reserves the right to refuse service, cancel orders, and report suspicious activity to appropriate law enforcement agencies if we believe a transaction is fraudulent or otherwise violates these Terms or applicable law.

6. Intellectual Property Rights

6.1 Ownership

All content on the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, menu designs, software, trademarks, service marks, and trade dress (collectively, "Content"), is the exclusive property of Pizzana or its content suppliers and is protected by United States copyright law, trademark law, and other applicable intellectual property laws and international treaties.

6.2 Limited License

Subject to your compliance with these Terms, Pizzana grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for personal, non-commercial purposes. This license does not include the right to: (a) reproduce, copy, modify, or create derivative works based on any Content; (b) use any data mining, robots, or similar data gathering and extraction methods; (c) download or copy any account information for the benefit of another party; or (d) use any Content for any commercial purpose or public display without the prior written consent of Pizzana.

6.3 User-Submitted Content

If you submit any content to us, including reviews, feedback, photos, or suggestions ("User Content"), you grant Pizzana a worldwide, perpetual, irrevocable, royalty-free, fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not violate any third-party rights or applicable laws.

6.4 Trademarks

The Pizzana name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pizzana or its affiliates. You may not use such marks without the prior written permission of Pizzana. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

7. Food Safety, Allergens, and Nutritional Information

Pizzana takes food safety seriously and strives to comply with all applicable federal and state food safety regulations, including those promulgated by the U.S. Food and Drug Administration ("FDA") and applicable state health departments. However, you acknowledge and agree that:

• Our food products are prepared in facilities that handle common allergens, including but not limited to wheat, dairy, eggs, nuts, soy, and shellfish. Cross-contamination is possible.
• Nutritional and allergen information provided on the Site is intended as a general guide and may vary based on ingredient substitutions, preparation methods, and serving sizes.
• If you have a severe food allergy or dietary restriction, you should contact us directly at [email protected] before placing an order, and exercise your own judgment regarding the suitability of our products for your dietary needs.
• Pizzana does not guarantee that any menu item is free from any particular allergen.

8. Third-Party Links and Services

The Site may contain links to third-party websites, services, or applications that are not owned or controlled by Pizzana. These links are provided for your convenience only. Pizzana has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to review the terms of service and privacy policy of any third-party site you visit. Your use of third-party sites is at your own risk.

If you use a third-party delivery platform (such as a food delivery aggregator) to order from Pizzana, please note that those platforms operate under their own terms and conditions, and Pizzana is not responsible for any issues arising from your use of those platforms.

9. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, SERVICES, PRODUCTS, AND INFORMATION MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF PERFORMANCE.

Pizzana does not warrant that:

• The Site will function uninterrupted, secure, or available at any particular time or location;
• Any errors or defects will be corrected;
• The Site is free of viruses or other harmful components;
• The results of using the Site will meet your requirements or expectations;
• Any particular menu item will be available at any given time;
• Delivery times or pickup times estimated through the Site are guaranteed.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, Pizzana's warranties will be limited to the minimum extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL PIZZANA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use of or inability to use the Site or services;
• Any unauthorized access to or use of our servers or any personal information stored therein;
• Any interruption or cessation of transmission to or from the Site;
• Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Site 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 Site;
• Any food safety incidents arising from your failure to follow proper food handling instructions after receipt of an order;
• Any conduct or content of any third party on the Site.

IN NO EVENT SHALL PIZZANA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PIZZANA IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations set forth in this section shall apply regardless of the legal theory on which the claim is based, including contract, tort, strict liability, or any other theory, and even if Pizzana has been advised of the possibility of such damages.

11. Indemnification

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

• Your violation of these Terms;
• Your use of the Site or services in any manner not authorized by these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any User Content you submit, post, or transmit through the Site;
• Any fraudulent, deceptive, or harmful conduct by you in connection with the Site or services;
• Your negligence or willful misconduct.

Pizzana reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate fully with Pizzana in asserting any available defenses.

12. Governing Law and Jurisdiction

These Terms 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 applicable laws of the state in which Pizzana's principal place of business is located, without regard to its conflict of law provisions or the United Nations Convention on Contracts for the International Sale of Goods.

To the extent that any dispute is not subject to mandatory arbitration as described in Section 13 below, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the United States, in the jurisdiction where Pizzana's principal place of business is situated, for the resolution of any disputes arising from these Terms or your use of the Site and services.

You waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts, including any claim that such courts are an inconvenient forum.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Pizzana at [email protected] and attempt to resolve the dispute informally. Pizzana will make reasonable efforts to resolve your concern within thirty (30) days of receiving notice. If the dispute cannot be resolved informally within thirty (30) days, either party may pursue formal dispute resolution as set forth herein.

13.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, AND EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES PROVIDED BY PIZZANA, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION. Arbitration shall be conducted by a single neutral arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall take place in the United States, in the jurisdiction where Pizzana's principal place of business is located, or via remote hearing if agreed upon by the parties.

The arbitrator's decision shall be final and binding on both parties. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this arbitration clause shall prevent either party from seeking 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 confidentiality obligations.

13.3 Class Action Waiver

YOU AND PIZZANA 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, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING ("CLASS ACTION"). You waive any right to participate in a class action lawsuit or class-wide arbitration. If this specific provision is found to be unenforceable, then the entirety of the mandatory arbitration section shall be null and void.

13.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies under applicable small claims court rules, provided the action remains in such court and is not removed or appealed to a court of general jurisdiction.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or any of our services. Pizzana reserves the right, in its sole discretion, to terminate, suspend, or restrict your access to the Site and services at any time, with or without notice, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Failure to make payment for services rendered;
• Any other conduct that Pizzana determines, in its sole discretion, to be harmful to the Site, other users, Pizzana, or its employees.

Upon termination of your access, your right to use the Site and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your account or cease using the Site at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations you have incurred prior to termination, including payment for completed orders.

15. Changes to These Terms

Pizzana reserves the right to modify, update, or replace these Terms at any time in its sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or by posting a prominent notice on the Site prior to the changes taking effect.

Your continued access to or use of the Site after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately stop using the Site and services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be available at pizzanapizza.rest.

16. Privacy Policy

Your use of the Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in compliance with applicable United States federal and state privacy laws, including the California Consumer Privacy Act ("CCPA") and the California Privacy Rights Act ("CPRA") where applicable, and the FTC Act's consumer protection requirements regarding data practices.

By using the Site, you consent to the collection and use of your information as set forth in our Privacy Policy. Please review our Privacy Policy carefully before using the Site.

17. Electronic Communications

By using the Site and providing your email address or other contact information, you consent to receive electronic communications from Pizzana, including order confirmations, promotional emails, account notifications, and other communications. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of receiving promotional communications from us at any time by clicking the "unsubscribe" link in any promotional email or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, you may continue to receive transactional communications related to your account or orders.

18. Force Majeure

Pizzana shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics or public health emergencies, governmental actions or restrictions, supply chain disruptions, labor disputes, internet or telecommunications outages, war, terrorism, civil unrest, or any other event beyond Pizzana's reasonable control ("Force Majeure Event"). In the event of a Force Majeure Event, Pizzana will make reasonable efforts to notify affected customers and resume normal operations as quickly as practicable.

19. Severability

If any provision of these Terms is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by such invalidity, illegality, or unenforceability. The parties agree to use their best efforts to negotiate a valid and enforceable replacement provision that, to the greatest extent possible, achieves the original intent and economic effect of the severed provision.

20. Waiver

No waiver by Pizzana of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Pizzana to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver will only be effective if it is in writing and signed by an authorized representative of Pizzana.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive agreement between you and Pizzana with respect to the Site and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof. No modification to these Terms will be effective unless made in writing and signed by an authorized representative of Pizzana, except as otherwise provided herein.

22. Assignment

You may not assign or transfer these Terms, or any rights or obligations arising hereunder, without the prior written consent of Pizzana. Any attempted assignment in violation of this provision shall be null and void. Pizzana may freely assign or transfer these Terms, or any rights and obligations hereunder, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

23. Accessibility

Pizzana is committed to making our Site accessible to individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) and applicable requirements under the Americans with Disabilities Act ("ADA") and Section 508 of the Rehabilitation Act. If you experience difficulty accessing any portion of our Site or services, please contact us at [email protected] so that we may assist you and work to improve accessibility.

24. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or any other aspect of your experience with Pizzana, please do not hesitate to contact us using the information below:

We will make every reasonable effort to respond to your inquiry in a timely manner and to address your concerns in accordance with these Terms and applicable law.