Terms of Service

Please read these Terms of Service carefully before using the Pizzana website or placing any order through our platform. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Pizzana ("Company," "we," "us," or "our"), governing your access to and use of the website located at pizzanameal.rest (the "Site"), as well as any related services, features, content, and functionality offered by Pizzana (collectively, the "Services").

By visiting our Site, creating an account, placing an order, or otherwise engaging with our Services in any capacity, you expressly agree to these Terms in their entirety. If you do not agree with any portion of these Terms, you must immediately discontinue your use of the Site and Services.

These Terms apply to all visitors, registered users, customers, and any other individuals who access or use the Services. We reserve the right to modify these Terms at any time, and it is your responsibility to review them periodically. Continued use of the Services following any changes constitutes your acceptance of the revised Terms.

If you are using the Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall also refer to that entity.

2. Description of Services

Pizzana is a food service business operating in the United States, dedicated to providing customers with high-quality pizza and related food and beverage products. Our Services include, but are not limited to:

• Online ordering of food and beverages through our website at pizzanameal.rest
• Delivery of food products to eligible addresses within our designated service areas
• Pickup order options for customers who prefer to collect their orders in person
• Catering and bulk ordering services for events, meetings, and special occasions
• Customer account management, including order history and preference tracking
• Promotional offers, loyalty programs, and special deals for registered customers
• Customer support and communication via email and other designated channels

The availability of specific menu items, services, and delivery areas may vary based on location, time of day, season, and other operational factors. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice, though we will make reasonable efforts to inform customers of significant changes.

We do not guarantee the uninterrupted availability of online ordering services, as our systems may be subject to maintenance, upgrades, or technical difficulties. In such events, we are not liable for any inconvenience caused by temporary service outages.

3. Eligibility and User Accounts

To use certain features of our Services, including placing online orders, you may be required to create a user account. By creating an account, you represent and warrant that:

• You are at least 18 years of age, or if you are between the ages of 13 and 17, you have obtained verifiable parental or guardian consent to use our Services
• You are a legal resident of or are physically located within the United States at the time of using our Services
• All information you provide during registration and throughout your use of the Services is accurate, current, and complete
• You will promptly update your account information to ensure it remains accurate and complete
• You are not prohibited from receiving services under applicable United States federal, state, or local laws

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account. Pizzana shall not be liable for any loss or damage arising from unauthorized use of your account.

We reserve the right to refuse service, suspend, or terminate user accounts at our sole discretion, including but not limited to cases involving violations of these Terms, fraudulent activity, or abusive behavior toward our staff or other users.

4. User Obligations and Prohibited Activities

As a condition of using our Services, you agree to comply with all applicable federal, state, and local laws and regulations of the United States. You further agree to use our Services only for lawful purposes and in a manner consistent with these Terms.

4.1 User Obligations

You agree to:

• Provide accurate and truthful information when placing orders, creating accounts, or communicating with us
• Ensure that the delivery address you provide is accurate and complete to facilitate timely delivery
• Be present at the designated delivery address or make arrangements for someone to receive the order on your behalf
• Pay all charges associated with your orders in a timely manner
• Treat our staff, delivery personnel, and other users with respect and courtesy
• Comply with any additional terms or policies that may apply to specific promotions, offers, or programs

4.2 Prohibited Activities

You agree that you will not:

• Use the Services for any unlawful purpose or in violation of any applicable federal, state, or local laws or regulations
• Engage in fraudulent activity, including but not limited to submitting false orders, using stolen payment information, or engaging in chargebacks without legitimate cause
• Impersonate any person or entity or falsely represent your identity or affiliation with any person or organization
• Use automated systems, bots, scrapers, or other non-human means to access, interact with, or collect data from the Site without our prior written consent
• Attempt to gain unauthorized access to any portion of the Site, our servers, or any systems or networks connected to the Site
• Interfere with or disrupt the integrity or performance of the Site or the data contained therein
• Upload, transmit, or distribute any viruses, malware, or other malicious code through the Site
• Harass, intimidate, threaten, or abuse our staff, delivery personnel, or other users
• Use the Services to send unsolicited commercial communications (spam) or engage in any form of deceptive marketing
• Resell or commercially exploit our Services without our prior written authorization
• Violate any applicable food safety laws, health codes, or regulations
• Engage in any activity that could damage, overburden, or impair the functionality of our Site or Services

Any violation of these prohibitions may result in immediate termination of your account and access to our Services, as well as potential legal action as permitted under applicable United States law.

5. Ordering, Payment, and Pricing

5.1 Order Placement

When you place an order through our Site, you are making an offer to purchase the selected items at the stated prices. All orders are subject to our acceptance, which is confirmed when you receive an order confirmation. We reserve the right to refuse or cancel any order at our sole discretion, including orders that we suspect are fraudulent or that cannot be fulfilled due to operational constraints.

5.2 Pricing

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without prior notice. Prices shown at the time of your order are the prices that will be charged, subject to any applicable taxes and fees. We strive to ensure accuracy in our pricing, but in the event of a pricing error, we reserve the right to cancel the order and notify you of the error.

Applicable sales taxes will be calculated and added to your order total based on your delivery address and applicable state and local tax rates. You are responsible for any applicable taxes associated with your purchase.

5.3 Payment Terms

Payment for orders must be made at the time of ordering through the payment methods accepted on our Site. We accept major credit cards, debit cards, and other payment methods as indicated at checkout. By providing payment information, you represent and warrant that:

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

5.4 Refunds and Cancellations

Once an order has been confirmed and preparation has begun, cancellations may not be possible. If you experience an issue with your order, please contact us immediately at [email protected]. We will evaluate refund requests on a case-by-case basis and issue refunds where we determine they are warranted in accordance with our refund policy. Refunds, where applicable, will be processed to the original payment method within the timeframe permitted by your payment provider.

6. Delivery Services

Delivery availability, timeframes, and fees are subject to change and may vary based on your location, time of order, and current operational capacity. Estimated delivery times provided at checkout are estimates only and are not guaranteed. Pizzana shall not be liable for delays in delivery caused by factors outside our reasonable control, including but not limited to traffic conditions, weather, natural disasters, or other force majeure events.

You are responsible for ensuring the accuracy of the delivery address you provide. If an order cannot be delivered due to an inaccurate address provided by you, or because no one is available to receive the order, you may not be entitled to a refund for the delivery fee, and the order may be forfeited at our discretion.

7. Intellectual Property Rights

All content on the Pizzana website, including but not limited to text, graphics, logos, photographs, images, audio clips, digital downloads, data compilations, and software, is the property of Pizzana or its content suppliers and is protected by United States and international intellectual property laws, including the United States Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and other applicable regulations.

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 our prior written permission. All other trademarks not owned by Pizzana that appear on our Site are the property of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal, non-commercial use. This license does not include the right to:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from any content on the Site
• Use data mining, robots, or similar data gathering or extraction tools
• Sell, resell, or commercially exploit any content or Services
• Frame or mirror any portion of the Site on any other website without our express written consent

Any unauthorized use of our intellectual property is strictly prohibited and may constitute a violation of federal and state laws, including the Digital Millennium Copyright Act (DMCA). If you believe that any content on our Site infringes upon your intellectual property rights, please contact us at [email protected] with the relevant details.

8. Food Safety, Allergen Information, and Dietary Disclaimers

Pizzana takes food safety seriously and complies with applicable federal and state food safety regulations, including guidelines set by the U.S. Food and Drug Administration (FDA) and relevant state health departments. However, you acknowledge and agree that:

• Our food products are prepared in a kitchen environment that handles common allergens, including but not limited to wheat, dairy, eggs, nuts, soy, and shellfish
• While we make reasonable efforts to accommodate dietary restrictions and allergies, we cannot guarantee that our products are completely free from any allergen
• You are solely responsible for reviewing allergen and nutritional information before placing an order and for making decisions about the suitability of our products for your dietary needs
• If you have a severe food allergy or specific dietary requirements, we strongly recommend that you contact us directly before ordering

9. Disclaimers and "As-Is" Basis

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE UNITED STATES LAW. PIZZANA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE SITE
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS ORDERED THROUGH THE SERVICES FOR ANY PARTICULAR PURPOSE

Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such states, our warranties are limited to the greatest extent permitted by applicable state law.

Pizzana does not warrant or represent that the information provided on the Site, including menu descriptions, pricing, and availability, is complete, accurate, or current. We reserve the right to correct any errors or omissions on the Site at any time without notice.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES FEDERAL AND STATE LAW, PIZZANA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
• DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR ACCOUNT
• DAMAGES ARISING FROM ANY FOOD PRODUCT CONSUMED, INCLUDING ALLERGIC REACTIONS OR FOODBORNE ILLNESS, WHERE YOU HAVE FAILED TO DISCLOSE RELEVANT DIETARY RESTRICTIONS
• DAMAGES ARISING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE

IN NO EVENT SHALL PIZZANA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OUR SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO PIZZANA IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the limitation of liability for certain types of damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by applicable law.

11. Indemnification

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

• Your use of or access to the Services
• Your violation of any provision of these Terms
• Your violation of any applicable federal, state, or local law, regulation, or third-party rights
• Any content you submit, post, or transmit through the Services
• Your negligence or willful misconduct
• Any dispute between you and a third party in connection with your use of the Services

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

12. Third-Party Links and Services

Our Site may contain links to third-party websites, applications, or services that are not owned or controlled by Pizzana. These links are provided for your convenience and informational purposes only. Pizzana does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.

We may use third-party service providers to facilitate certain aspects of our Services, such as payment processing, delivery logistics, and analytics. These third parties operate independently and are subject to their own terms and privacy policies. Your use of third-party services is at your own risk.

13. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and protect your personal information in accordance with applicable United States privacy laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and, where applicable, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

14. Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Pizzana is registered to conduct business, without regard to its conflict of law provisions.

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

These Terms are subject to all applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act (FTC Act), the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, and all other applicable federal statutes and regulations governing electronic commerce and consumer protection.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal legal proceedings, we encourage you to contact us first to attempt to resolve any dispute informally. Please reach out to us at [email protected] with a detailed description of your concern, and we will make good-faith efforts to resolve the matter within thirty (30) days of receiving your notice.

15.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, the breach thereof, or your use of the Services (excluding claims for injunctive or other equitable relief) shall be finally resolved by binding arbitration administered by a recognized arbitration organization in the United States, such as the American Arbitration Association (AAA), in accordance with its Consumer Arbitration Rules then in effect.

The arbitration shall be conducted in the English language and held either remotely or at a location mutually agreed upon by the parties. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and expenses in connection with the arbitration, provided that the arbitrator may award costs and attorneys' fees to the prevailing party in accordance with applicable law.

15.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

15.4 Exceptions

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 copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

16. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use our Services, unless terminated earlier in accordance with this section.

We may suspend or terminate your access to the Services, in whole or in part, at any time and without prior notice, for any reason, including but not limited to:

• Your violation of any provision of these Terms
• Fraudulent, abusive, or illegal activity in connection with your use of the Services
• Our decision to discontinue or modify the Services
• Technical, operational, or business reasons at our sole discretion

Upon termination of your account or access to the Services:

• Your right to use the Services will immediately cease
• We may delete your account and associated data, subject to our Privacy Policy and applicable law
• Any outstanding payment obligations you have incurred shall remain due and payable

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination of your account by either party, Sections 7 (Intellectual Property Rights), 10 (Limitation of Liability), 11 (Indemnification), 14 (Governing Law), 15 (Dispute Resolution), and any other provisions that by their nature should survive termination shall continue in full force and effect.

17. Changes to Terms

Pizzana reserves the right to update, modify, or replace these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes, we may also provide additional notice, such as an email notification to the address associated with your account or a prominent notice on our Site.

Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must discontinue your use of the Services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check our Site regularly for changes.

18. Force Majeure

Pizzana shall not be liable for any failure or delay in the performance of its obligations under these Terms or in connection with the Services where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, labor disputes, power failures, internet disruptions, supply chain interruptions, or any other events constituting force majeure under applicable law.

In the event of a force majeure situation, we will notify you as soon as reasonably practicable and will make good-faith efforts to resume our Services in a timely manner.

19. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and be enforceable as to the remaining provisions.

The invalidity or unenforceability of any particular provision shall not affect the validity or enforceability of any other provision of these Terms. The parties agree that a court or arbitrator shall have the authority to modify any invalid or unenforceable provision to the minimum extent necessary to make it valid and enforceable, consistent with the intent of the original provision.

20. Entire Agreement and Waiver

These Terms, together with our Privacy Policy and any other agreements or policies expressly incorporated herein by reference, constitute the entire agreement between you and Pizzana with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, between you and Pizzana regarding the Services.

No waiver by Pizzana of any right or provision of these Terms shall be deemed a further or continuing waiver of such right or provision or a waiver of any other right or provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

21. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.

Pizzana may freely assign these Terms or any of its rights or obligations hereunder to any successor or affiliate, or in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law, without restriction and without notice to you.

22. Electronic Communications

By using our Services, you consent to receiving electronic communications from us, including emails, notifications, and messages related to your account, orders, and the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically satisfy any legal requirement that such communications be in writing, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state electronic signature laws.

23. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation or seek clarification on any provision, please contact us using the information below:

We will make reasonable efforts to respond to all inquiries within a reasonable timeframe. For urgent matters related to food safety or order issues, we encourage you to contact us via email at [email protected] as promptly as possible.