Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website goodmodpizza.click or any services offered by Mod Pizza ("Company," "we," "us," or "our"). By accessing or using our website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately cease all use of our website and services.

1. Acceptance of Terms

By accessing, browsing, or using the website located at goodmodpizza.click (the "Site"), including any mobile applications, ordering platforms, or related services we operate (collectively, the "Services"), you enter into a legally binding agreement with Mod Pizza. This Agreement is governed by and construed in accordance with the laws of the United States and the applicable state laws of the jurisdiction in which our business is registered and operates.

You represent and warrant that you are at least eighteen (18) years of age, or, if you are under eighteen (18) years of age, that you have obtained verifiable consent from a parent or legal guardian to use our Services. You further represent that you have the legal authority to enter into this Agreement on behalf of yourself or any entity you represent.

Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes. We strongly encourage you to review this page periodically to remain informed of any updates.

2. Description of Services

Mod Pizza is a food service company operating within the United States, offering customers the ability to browse our menu, place food orders online, learn about our products and promotions, and engage with our brand through our digital platforms. Our Services may include, but are not limited to:

• Online food ordering and delivery coordination
• Pickup order scheduling and management
• Menu browsing and nutritional information display
• Customer account creation and management
• Loyalty program enrollment and management (if applicable)
• Promotional offers, coupons, and special deal notifications
• Customer support and feedback channels
• Catering service inquiries and order placement

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services. The availability of specific menu items, ingredients, prices, and promotions is subject to change without prior notice and may vary by location and availability.

We make no warranty that the Services will be uninterrupted, timely, secure, or error-free. Food products offered through the Site are subject to local availability and may contain allergens including, but not limited to, gluten, nuts, dairy, eggs, soy, shellfish, and other common allergens. It is your responsibility to review allergen and nutritional information prior to placing any order.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Services, you agree to:

• Provide accurate, complete, and current information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access or use of your account;
• Use the Services solely for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations;
• Pay all charges incurred in connection with your use of the Services, including applicable taxes and delivery fees;
• Maintain current and accurate payment information in your account;
• Promptly update any information you have provided to us that changes or becomes inaccurate;
• Accept responsibility for all activities conducted through your account.

3.2 Prohibited Activities

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

• Using the Services for any fraudulent, deceptive, or unlawful purpose;
• Submitting false, misleading, or inaccurate information during registration or the ordering process;
• Attempting to gain unauthorized access to any portion of the Site, server, or any systems or networks connected to the Site;
• Using automated bots, scrapers, crawlers, or other automated tools to access or interact with the Site without our express written consent;
• Uploading or transmitting any viruses, malware, ransomware, Trojan horses, or any other harmful or disruptive code or material;
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive source code from any software underlying the Services;
• Engaging in any conduct that restricts or inhibits any other person's use or enjoyment of the Services;
• Circumventing, disabling, or otherwise interfering with security-related features of the Site;
• Using the Services to transmit unsolicited communications, spam, or chain letters;
• Impersonating any person or entity, including any employee, officer, or representative of Mod Pizza;
• Exploiting promotional codes, coupons, or loyalty rewards in a manner not intended or authorized by us;
• Posting or transmitting any content that is defamatory, obscene, offensive, threatening, or otherwise objectionable;
• Violating any applicable local, state, national, or international law or regulation in connection with your use of the Services.

We reserve the right, in our sole discretion, to investigate and take appropriate legal or administrative action against any user who violates this section, including without limitation, terminating the user's account, reporting to law enforcement authorities, and seeking all available legal remedies.

4. Intellectual Property Rights

All content available on or through the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall look and feel of the Site (collectively, "Content"), is the exclusive property of Mod Pizza or its content suppliers and is protected under the intellectual property laws of the United States, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and other applicable federal and state laws.

The trademarks, service marks, trade names, and logos displayed on the Site, including "Mod Pizza" and any associated branding, are registered and unregistered trademarks of Mod Pizza or third parties. Nothing contained in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the prior written consent of Mod Pizza or the applicable third-party trademark owner.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial use in connection with the Services. This license does not include:

• Any resale or commercial use of the Site or its Content;
• Any collection or use of any product listings, descriptions, or prices;
• Any derivative use of the Site or its Content;
• Any downloading, copying, or use of account information for the benefit of any third party;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Content immediately terminates the limited license granted herein. All rights not expressly granted in these Terms are reserved by Mod Pizza.

5. Payment Terms

When you place an order through the Site, you agree to pay all applicable charges, fees, and taxes associated with your order. By providing a payment method, you represent and warrant that you are authorized to use such payment method and that you authorize us (and our third-party payment processors) to charge your payment method for the total amount of your order, including applicable taxes, delivery fees, and any other charges disclosed to you at the time of checkout.

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices for menu items do not include applicable sales tax unless explicitly stated. Sales tax will be calculated and added to your total at checkout in accordance with applicable federal and state tax laws.

We use third-party payment processors to handle financial transactions. By submitting payment information, you agree to the terms and conditions of such third-party processors. We do not store your full payment card information on our servers. In the event of a payment dispute, you agree to contact us at [email protected] before initiating any chargeback or dispute with your financial institution.

We reserve the right to refuse or cancel any order at any time, including after payment has been received, if we determine that fraud, unauthorized use, or other improper activity may be occurring. In such cases, we will refund any amounts charged to the extent required by applicable law.

Refund and cancellation policies are subject to our separate Refund Policy, which is incorporated herein by reference. Generally, once a food order has been prepared, we may be unable to offer a refund except in cases of error on our part or verifiable quality issues.

6. Disclaimers — "As-Is" Basis

THE SERVICES, THE SITE, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOD PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICES;
• WARRANTIES RELATING TO THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCT OR OTHER ITEM ORDERED THROUGH THE SERVICES, BEYOND THOSE EXPRESSLY REQUIRED BY APPLICABLE FOOD SAFETY LAWS AND REGULATIONS.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. No advice or information, whether oral or written, obtained from Mod Pizza or through the Services shall create any warranty not expressly stated in these Terms.

Food products may contain allergens. It is your sole responsibility to review all allergen and ingredient information prior to placing an order. Mod Pizza shall not be liable for any adverse reactions resulting from allergens or ingredients not disclosed to us at the time of ordering.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL MOD PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, the Services or any Content;
• Any conduct or content of any third party on or through the Services;
• Any unauthorized access, use, or alteration of your transmissions or content;
• Any food products or other goods ordered through the Services;
• Any errors or omissions in the Content;
• Any failure of the Services or any part thereof, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).

IN NO EVENT SHALL MOD PIZZA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE 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 certain types of damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms shall limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other matter for which liability cannot be excluded or limited under applicable law, including the Federal Trade Commission Act (15 U.S.C. § 45) regarding unfair or deceptive acts or practices.

8. Indemnification

You agree to defend, indemnify, and hold harmless Mod Pizza, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, licensors, service providers, subcontractors, and successors from and against any and all claims, liabilities, damages, losses, judgments, awards, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to:

• Your use of or access to the Services;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or consumer rights;
• Any content or information you submit, post, or transmit through the Services;
• Your fraudulent, negligent, or intentional misconduct;
• Any dispute between you and a third party arising from or related to your use of the 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 event you will cooperate fully with us in asserting any available defenses. You agree not to settle any matter subject to indemnification without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their formation (including non-contractual disputes or claims) 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 is registered and principally operates, without regard to conflict of law principles.

To the extent that any dispute is not subject to mandatory arbitration as described in Section 10, you consent to the exclusive personal jurisdiction of the state and federal courts located in the applicable state in the United States in which our business is domiciled, and you waive any objection to venue or jurisdiction in such courts.

Our Services comply with applicable United States federal laws, including the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce, and applicable state consumer protection statutes. Where applicable, we also comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) with respect to users who are California residents.

If you are accessing the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws. We make no representation that the Services are appropriate or available for use in locations outside the United States.

10. Dispute Resolution

10.1 Mandatory Arbitration

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

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any court of competent jurisdiction without the posting of a bond or other security), any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes") shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its then-current Consumer Arbitration Rules, which are available at www.adr.org.

The arbitration shall be conducted in the English language on a confidential basis. The arbitrator shall have authority to award any remedy that would be available in a court of law. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.2 Class Action Waiver

YOU AND MOD PIZZA EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH YOU AND MOD PIZZA WAIVE ANY RIGHT TO A JURY TRIAL AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

10.3 Informal Resolution

Before initiating arbitration, you agree to first attempt to resolve the Dispute informally by contacting us at [email protected] and providing a written description of the Dispute, the relief sought, and your contact information. We will attempt to resolve the Dispute informally within thirty (30) calendar days of receiving your notice. If the Dispute is not resolved within this period, either party may proceed with formal arbitration as described above.

10.4 Time Limitation

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS TO THE CONTRARY.

11. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Services or maintain an account with us. We reserve the right, in our sole and absolute discretion, to:

• Suspend or terminate your access to the Services or your account at any time, with or without cause or notice;
• Restrict your access to certain features or portions of the Services;
• Refuse service to any individual or entity for any reason not prohibited by applicable law;
• Permanently ban users who engage in prohibited activities or violate these Terms.

Grounds for termination include, but are not limited to: violation of these Terms, suspected fraudulent activity, failure to pay amounts owed, abusive conduct toward our staff or other users, or any other conduct that we reasonably determine to be harmful to other users, third parties, or our business interests.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Services will immediately cease. However, all provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

12. Changes to Terms

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

• Updating the "Last Updated" date at the top of this page;
• Posting a prominent notice on our Site;
• Sending an email notification to the address associated with your account (if applicable).

Changes to these Terms will become effective immediately upon posting to the Site, unless otherwise indicated. It is your responsibility to review these Terms regularly. Your continued use of the Services after the posting of any changes constitutes your binding acceptance of such changes. If you do not agree to the revised Terms, you must immediately discontinue your use of the Services and, if applicable, close your account.

We may also, in the future, offer new features or services through the Site. Any new services or features shall also be subject to these Terms of Service.

13. Third-Party Links and Services

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

Mod Pizza shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services. We provide links to third-party sites as a convenience only, and the inclusion of such links does not imply endorsement of the linked site by Mod Pizza.

14. Privacy and Data Protection

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, store, and disclose information about you when you use our Services. By using the Services, you consent to the collection and use of your information as described in our Privacy Policy.

For users who are residents of California, we comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). California residents have additional rights regarding their personal information, including the right to know, delete, correct, and opt out of the sale or sharing of personal information. Please refer to our Privacy Policy for further details about exercising your rights.

15. Food Safety and Allergen Disclaimer

Mod Pizza takes food safety seriously and complies with all applicable federal and state food safety regulations, including standards set by the United States Food and Drug Administration (FDA) and applicable local health department requirements. However, we cannot guarantee that our food products are entirely free from all allergens or cross-contamination risks.

Our menu items may be prepared in facilities where allergens such as gluten, tree nuts, peanuts, dairy, eggs, soy, fish, shellfish, sesame, and other common allergens are present. If you have a severe food allergy or dietary restriction, we strongly encourage you to contact us directly at [email protected] before placing an order to discuss your specific needs and concerns.

By placing an order through our Services, you acknowledge and accept the inherent risks associated with food consumption and release Mod Pizza from any liability arising from allergic reactions or adverse health effects that may result from consuming our products, except to the extent such liability cannot be waived under applicable law.

16. Severability

If any provision of these Terms is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, unenforceable, or contrary to applicable law, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect and shall be construed so as to best accomplish the objectives of these Terms within the limits of applicable law.

The failure of Mod Pizza 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 shall be effective only if made in writing and signed by an authorized representative of Mod Pizza. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default, and no waiver shall be implied from any course of dealing or failure to exercise any right or remedy.

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Site, constitute the entire agreement between you and Mod Pizza with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

17. Force Majeure

Mod Pizza shall not be liable for any failure or delay in the performance of our obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, fires, floods, earthquakes, epidemics, pandemics, war, terrorism, civil unrest, government actions or orders, labor strikes or disputes, power failures, internet outages, or disruptions to our supply chain. In such events, our obligations shall be suspended for the duration of the force majeure event, and we will use commercially reasonable efforts to resume performance as soon as practicable.

18. Electronic Communications

By using the Services, you consent to receiving electronic communications from us, including emails, text messages, and push notifications (where applicable). These communications may include information about your account, your orders, our products and services, promotional offers, and other matters related to your use of the Services. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

If you wish to opt out of promotional communications, you may do so by following the unsubscribe instructions contained in any promotional email or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, we may still send you transactional or operational communications related to your account and orders.

19. Miscellaneous

Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign these Terms or any rights or obligations hereunder without restriction and without notice to you.

Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

No Third-Party Beneficiaries: These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and Mod Pizza.

Relationship of the Parties: Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between you and Mod Pizza. You have no authority to bind Mod Pizza in any respect whatsoever.

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and Mod Pizza concerning the Services and supersede all prior discussions, negotiations, agreements, and understandings.

20. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, please do not hesitate to contact us using the information provided below. Our team will make every reasonable effort to respond to your inquiry in a timely manner.