Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website eat-pizzana.rest ("Website") or any services offered by Pizzana ("Company," "we," "us," or "our"). By accessing the Website, placing an order, or otherwise interacting with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using the Website and our services.

1. Acceptance of Terms

By accessing, browsing, or using the Website located at eat-pizzana.rest, or by placing an order for food or related products and services offered by Pizzana, you ("User," "Customer," or "you") expressly agree to comply with and be legally bound by these Terms of Service, together with our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Pizzana. If you are accessing or using the Website 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, in which case the terms "you" and "your" shall refer to such entity.

You must be at least eighteen (18) years of age to use this Website and place orders. By using this Website, you represent and warrant that you meet this age requirement. We reserve the right to refuse service, terminate accounts, and cancel orders at our sole discretion if we believe these Terms have been violated.

2. Description of Services

Pizzana is a food establishment operating within the United States, offering customers the ability to browse our menu, place orders for food and beverages, and receive those items through available fulfillment methods, which may include:

• Dine-In Service: Guests may visit our physical location to enjoy meals on-premises.
• Takeout / Carry-Out: Customers may place orders for pickup at our establishment.
• Delivery Service: We may offer delivery to designated service areas, either directly or through third-party delivery platforms.
• Online Ordering: Customers may use our Website to browse menus, customize orders, and submit payment for food items.
• Catering and Special Orders: We may offer catering services for events and gatherings, subject to separate agreements and availability.
• Gift Cards and Promotions: We may offer digital or physical gift cards and promotional discounts from time to time.

All services are subject to availability, applicable laws, and the terms described herein. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. Pizzana is not responsible for any inconvenience or loss resulting from such changes.

Menu items, pricing, and availability are subject to change without notice. Images displayed on the Website are for illustrative purposes only and may not exactly represent the final product served or delivered.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using the Website and our services, you agree to:

• Provide accurate, current, and complete information when placing orders or creating an account;
• Maintain the security and confidentiality of any account credentials you create;
• Promptly update your information if it changes, including contact and payment details;
• Use the Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Website;
• Notify us immediately at [email protected] if you suspect unauthorized use of your account or any breach of security.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website for any fraudulent, unlawful, or unauthorized purpose;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Submit false, misleading, or inaccurate orders, reviews, or information;
• Attempt to gain unauthorized access to any portion or feature of the Website, or any systems or networks connected to the Website;
• Use automated means, including bots, scrapers, or other software, to access, collect data from, or interact with the Website without our express written permission;
• Interfere with or disrupt the integrity or performance of the Website or the data contained therein;
• Introduce viruses, malware, trojan horses, or any other harmful software or code;
• Engage in any activity that could damage, disable, overburden, or impair our servers or networks;
• Harvest, collect, or store personal data about other users without their explicit consent;
• Use the Website to send unsolicited communications (spam);
• Reverse engineer, decompile, or disassemble any software or systems underlying the Website;
• Resell or commercially exploit any portion of the Website or services without our express written consent;
• Post or transmit any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable;
• Engage in price manipulation, coupon fraud, or abuse of any promotional offers.

Violation of any of the above prohibitions may result in immediate termination of your access to the Website and may expose you to civil or criminal liability under applicable law.

4. Intellectual Property Rights

4.1 Ownership

All content available on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of Pizzana or its content suppliers and is protected by United States copyright, trademark, trade secret, and other intellectual property laws.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal, non-commercial purposes related to ordering food and using our services. This license does not include the right to:

• Reproduce, distribute, modify, or create derivative works of any Website content;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Download or copy any account information for the benefit of a third party;
• Use the Website or its content for any commercial purpose without our express written permission.

4.3 Trademarks

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

4.4 User-Submitted Content

If you submit reviews, comments, photographs, or any other content to the Website or through any of our social media channels, you grant Pizzana a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or control all rights to the content you submit and that such content does not violate these Terms or any applicable law.

5. Payment Terms

5.1 Pricing

All prices listed on the Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales tax will be calculated and added at checkout in accordance with the laws of the state and locality where the transaction occurs or where the order is fulfilled.

5.2 Payment Methods

We accept major credit and debit cards and other payment methods as displayed at checkout. By submitting a payment, you represent and warrant that you are authorized to use the payment method provided and that you authorize us to charge the full amount of your order to that payment method.

5.3 Order Confirmation

Placement of an order through the Website constitutes an offer to purchase the selected items. An order is not confirmed until you receive an order confirmation via email or other notification. We reserve the right to refuse or cancel any order for any reason, including but not limited to errors in pricing, unavailability of items, or suspected fraud.

5.4 Refunds and Cancellations

Refund and cancellation policies are subject to the nature of the order and applicable circumstances. Because our products are perishable food items, we generally do not accept returns. If you have a concern about your order, please contact us within a reasonable time of receiving your order at [email protected]. We will review concerns on a case-by-case basis and may, at our sole discretion, offer a replacement, store credit, or refund where appropriate.

5.5 Promotions and Discounts

Promotional offers, discount codes, and special deals are subject to specific terms and expiration dates. Only one promotional code may be applied per order unless otherwise stated. We reserve the right to modify or terminate promotions at any time without notice.

6. Allergen and Dietary Information

Pizzana makes reasonable efforts to provide accurate allergen and ingredient information for menu items. However, our food is prepared in kitchens where allergens, including but not limited to gluten, dairy, nuts, soy, and eggs, are present. We cannot guarantee that any menu item is completely free of any particular allergen. Customers with severe food allergies or specific dietary requirements are strongly encouraged to contact us directly at [email protected] before placing an order. By placing an order, you acknowledge and accept all risks associated with potential allergen exposure.

7. Third-Party Links and Services

The Website may contain links to third-party websites, services, or platforms, including but not limited to third-party delivery applications, payment processors, and social media platforms. These links are provided for your convenience only. Pizzana has no control over the content, privacy policies, or practices of third-party websites and assumes no responsibility or liability for them. Your access to and use of any third-party website or service is solely at your own risk and subject to the terms and conditions of those third parties. We encourage you to review the terms and privacy policies of any third-party services you interact with.

8. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES PROVIDED BY PIZZANA ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, 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, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES RELATED TO THE RESULTS OBTAINED FROM USE OF THE WEBSITE OR SERVICES.

PIZZANA DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIZZANA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL PIZZANA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PIZZANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PIZZANA'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ALL CASES, PIZZANA'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PIZZANA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

10. Indemnification

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

• Your violation of these Terms of Service;
• Your use or misuse of the Website or any services provided by Pizzana;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any content you submit, post, or transmit through the Website;
• Your willful misconduct or negligence.

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.

11. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Pizzana is registered and operates, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or related to these Terms or your use of the Website shall be brought exclusively in the federal or state courts of competent jurisdiction located within the applicable United States jurisdiction where Pizzana is domiciled. You hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

These Terms are subject to applicable federal law, including:

• The Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., governing unfair or deceptive acts and practices;
• The Electronic Communications Privacy Act (ECPA);
• The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030;
• The CAN-SPAM Act of 2003, governing commercial email communications;
• All applicable state consumer protection statutes, which vary by jurisdiction.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Pizzana at [email protected] and attempt to resolve the dispute informally. We will make reasonable efforts to resolve any dispute, claim, or controversy through good-faith negotiation within thirty (30) days of receiving written notice of your complaint. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution as described below.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for claims that qualify for small claims court and claims involving Pizzana's intellectual property rights, you and Pizzana agree that any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or to your use of the Website or services, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect.

The arbitration shall be conducted in English. 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 fees in connection with arbitration, unless the arbitrator determines that a claim or defense is frivolous or brought for an improper purpose, in which case fees may be awarded.

12.3 Class Action Waiver

YOU AND PIZZANA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.

12.4 Exceptions to Arbitration

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

13. Term and Termination

13.1 Term

These Terms shall remain in full force and effect for as long as you access or use the Website or any of our services. Certain provisions of these Terms, by their nature, should survive termination of these Terms, including but not limited to intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, and dispute resolution provisions.

13.2 Termination by Pizzana

Pizzana reserves the right, in its sole discretion, to suspend or terminate your access to the Website and services immediately, without prior notice or liability, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Your engagement in fraudulent, abusive, or illegal activity;
• Technical, operational, or legal reasons;
• Requests by law enforcement or government authorities.

13.3 Termination by User

You may discontinue your use of the Website and services at any time. If you have created an account, you may request account deletion by contacting us at [email protected].

13.4 Effect of Termination

Upon termination of your access, your right to use the Website and services will immediately cease. Termination will not limit any of Pizzana's rights or remedies at law or in equity.

14. Changes to These Terms

Pizzana reserves the right to modify, amend, or update these Terms of Service at any time, at our sole discretion. When we make changes, we will revise the "Last Updated" date at the top of this page. We may also notify you of significant changes through the Website or via email if you have provided us with your email address.

Your continued use of the Website or services following the posting of any changes to these Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must discontinue your use of the Website and services immediately.

Pizzana will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or services.

15. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall be construed to give effect to the original intent of the parties to the fullest extent possible. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

16. Entire Agreement

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

17. Waiver

No failure or delay by Pizzana in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Any waiver by Pizzana of any provision of these Terms must be made in writing and signed by an authorized representative of Pizzana to be effective.

18. Force Majeure

Pizzana shall not be liable for any failure or delay in the performance of its obligations under these Terms 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, pandemics or public health emergencies, war, terrorism, government orders, power outages, internet disruptions, labor disputes, or supply chain failures. In the event of a force majeure event, Pizzana will make commercially reasonable efforts to resume normal operations as soon as practicable.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Pizzana. Any purported assignment without such consent shall be null and void. Pizzana may freely assign or transfer its rights and obligations under these Terms at any time, including in connection with a merger, acquisition, corporate reorganization, or sale of assets, without restriction or notice to you. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and permitted assigns.

20. Electronic Communications

By using the Website or communicating with us via email, you consent to receive electronic communications from Pizzana. These communications may include notices about your account, order confirmations, promotional materials, and other information concerning or related to the Website and services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

21. Accessibility

Pizzana is committed to ensuring that our Website and services are accessible to all individuals, including those with disabilities, in accordance with applicable federal accessibility requirements, including the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG). If you experience any accessibility barriers while using our Website, please contact us at [email protected] so that we may assist you and work to improve accessibility.

22. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, please do not hesitate to contact us using the following information:

These Terms of Service apply exclusively to services provided through eat-pizzana.rest and are governed by applicable United States federal and state law. All rights not expressly granted herein are reserved by Pizzana.