Terms of Service

Please read these Terms of Service carefully before using the website located at pequods-cafe.top or any services offered by Pequod's Pizza. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our website or services.

1. Acceptance of Terms

By accessing the website at pequods-cafe.top, placing an online order, signing up for an account, subscribing to our newsletter, or otherwise engaging with any service provided by Pequod's Pizza (hereinafter "the Company," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (hereinafter "Terms"), our Privacy Policy, and any other policies or guidelines incorporated herein by reference.

These Terms constitute a legally binding agreement between you (the "User," "Customer," or "you") and Pequod's Pizza. Your continued use of our website or services following any posted changes to these Terms constitutes your acceptance of those changes.

If you are using our website or services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" refer to that entity.

You must be at least 18 years of age to enter into these Terms and use our services. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Pequod's Pizza is a food service business operating in the United States, offering customers the ability to:

• Browse our menu of food and beverage items, including our signature deep-dish and pan pizzas, appetizers, salads, sandwiches, desserts, and beverages;
• Place online orders for pickup or delivery (where available) through our website at pequods-cafe.top;
• Create and manage personal accounts for faster ordering and order history access;
• Sign up for promotional offers, newsletters, and loyalty programs;
• Access information about our locations, hours of operation, catering services, and special events;
• Submit feedback, reviews, and inquiries through available contact forms or communication channels;
• Access any other features, content, or functionality made available by the Company from time to time.

The Company reserves the right to modify, suspend, or discontinue any aspect of its services at any time, with or without notice, and without liability to you or any third party. We may also impose limits on certain features or restrict your access to part or all of our services without notice or liability.

Menu items, pricing, availability, and delivery areas are subject to change without prior notice. Images of food items on our website are for illustrative purposes only and may not exactly represent the final product delivered or served.

3. User Accounts and Registration

To access certain features of our website and services, you may be required to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information as prompted by the registration form;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your account credentials, including your password;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account at any time and for any reason, including if we reasonably believe that you have violated these Terms. You may not create more than one personal account, and accounts are non-transferable.

4. User Obligations and Prohibited Activities

By using our website and services, you agree to use them only for lawful purposes and in accordance with these Terms. You agree that you will not:

4.1 Prohibited Conduct

• Use our website or services in any way that violates any applicable federal, state, local, or international law or regulation, including but not limited to the Federal Trade Commission Act (FTC Act), the Computer Fraud and Abuse Act (CFAA), and applicable consumer protection laws;
• Use our services for any fraudulent, deceptive, or misleading purpose;
• Transmit any unsolicited or unauthorized advertising or promotional material, spam, or any other form of solicitation;
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our website or services, or which, as determined by us, may harm the Company or users of our services or expose them to liability;
• Use any robot, spider, crawler, scraper, or other automated means to access our website or services for any purpose without our express written permission;
• Attempt to gain unauthorized access to any portion or feature of our website, or any other systems or networks connected to our website or any server used by the Company;
• Submit false, misleading, or fraudulent orders, reviews, or information;
• Upload or transmit any viruses, malware, or other harmful code;
• Collect or harvest any personally identifiable information from our website without authorization;
• Use our website or services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website;
• Engage in any activity that could damage the reputation of Pequod's Pizza or its affiliates, partners, or employees.

4.2 Content Standards

Any content you submit, post, or display through our website or services, including reviews, feedback, comments, or other communications, must:

• Be accurate and truthful;
• Not be defamatory, obscene, offensive, hateful, or inflammatory;
• Not infringe any intellectual property rights of any third party;
• Not contain any material that promotes discrimination, harassment, or harm to any individual or group;
• Not violate any applicable law or regulation.

We reserve the right, in our sole discretion, to remove any content that violates these standards or that we find objectionable for any reason, without prior notice and without liability to you.

5. Intellectual Property Rights

The website located at pequods-cafe.top and its entire contents, features, and functionality — including but not limited to all information, software, text, displays, images, video, audio, graphics, logos, and the design, selection, and arrangement thereof — are owned by Pequod's Pizza, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our website and services solely for your personal, non-commercial purposes. This license does not include:

• Any resale or commercial use of our website or its contents;
• Any collection or use of any product listings, descriptions, or prices;
• Any derivative use of our website or its contents;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

5.2 Trademarks

The Pequod's Pizza name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on our website are the trademarks of their respective owners.

5.3 User-Submitted Content

By submitting any content to our website (including reviews, comments, photos, or other materials), you grant Pequod's Pizza 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 in and to the content you submit and that such content does not violate these Terms or any applicable law.

6. Ordering, Payment, and Pricing

6.1 Order Placement

When you place an order through our website, you are making an offer to purchase the items you have selected. We reserve the right to accept or decline your order for any reason, including but not limited to product unavailability, errors in product or pricing information, or concerns about the order's validity. An order confirmation sent to your email does not constitute our acceptance of your order — acceptance occurs when your order is processed and confirmed for preparation.

6.2 Pricing and Availability

All prices listed on our website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, delivery fees, service charges, or gratuities unless expressly stated. We reserve the right to correct any pricing errors, and if a pricing error affects your order, we will notify you and give you the option to proceed at the correct price or cancel your order.

6.3 Payment

Payment for orders placed through our website must be made using one of the accepted payment methods listed at checkout, which may include major credit cards, debit cards, or other electronic payment methods. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the full amount of your order to that payment method.

We use industry-standard encryption and secure payment processing technologies to protect your financial information. However, no method of transmission over the internet is completely secure, and we cannot guarantee the absolute security of your payment information.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. If you have a concern about your order — including issues with food quality, missing items, or incorrect orders — please contact us immediately at [email protected]. We will evaluate your concern on a case-by-case basis and may offer a replacement, credit, or refund at our sole discretion. Orders that have already been prepared or dispatched for delivery may not be eligible for cancellation.

6.5 Delivery

Delivery availability, areas, minimum order requirements, and delivery fees vary by location and are subject to change. We are not responsible for delays in delivery caused by factors beyond our reasonable control, including traffic conditions, weather events, or third-party delivery service disruptions.

7. Third-Party Links and Services

Our website may contain links to third-party websites, applications, or services that are not owned or controlled by Pequod's Pizza. These links are provided for your convenience and information only. We have no control over the content, privacy policies, or practices of any third-party websites or services, and we do not endorse or make any representations about them.

If you access or use any third-party website or service linked from our website, you do so entirely at your own risk and subject to the terms and conditions and privacy policies of those third parties. We encourage you to read the terms and privacy policies of any third-party websites you visit.

8. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

PEQUOD'S 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 OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON OUR WEBSITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS IN OUR WEBSITE WILL BE CORRECTED.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING APPLICABLE CONSUMER PROTECTION LAWS IN THE STATE WHERE YOU RESIDE.

We make no warranties or representations about the accuracy or completeness of the content on our website or the content of any websites linked to our website. We assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials; personal injury or property damage of any nature whatsoever; unauthorized access to or use of our secure servers and/or any personal or financial information stored therein; or any bugs, viruses, or other harmful code transmitted through our website.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEQUOD'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS;
• LOSS OF DATA OR INFORMATION;
• LOSS OF GOODWILL;
• BUSINESS INTERRUPTION;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• ANY OTHER INTANGIBLE LOSSES;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF PEQUOD'S PIZZA TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Pequod's Pizza and its officers, directors, employees, agents, contractors, licensors, service providers, 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 of or access to our website or services, including any data or content you transmit or receive;
• Your violation of any third-party rights, including without limitation any intellectual property rights, privacy rights, or proprietary rights;
• Your violation of any applicable law, rule, or regulation;
• Any content you submit, post, or transmit through our website or services;
• Your willful misconduct or negligence.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such claim without our prior written consent.

11. Privacy Policy

Your use of our website 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, share, and protect your personal information in compliance with applicable United States federal and state privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for users in California, and the Federal Trade Commission Act (FTC Act) for consumer protection purposes across all states.

By using our website and services, you consent to the collection and use of your information as described in our Privacy Policy. We encourage you to review our Privacy Policy carefully. If you have any questions about our privacy practices, please contact us at [email protected].

12. Food Safety, Allergen Information, and Health Disclaimers

Pequod's Pizza takes food safety seriously and endeavors to maintain high standards of food preparation and handling in compliance with applicable federal and state food safety regulations, including regulations enforced by the U.S. Food and Drug Administration (FDA) and applicable state and local health authorities.

We make allergen information available to our customers to the best of our ability. However, please be advised that our food products are prepared in facilities that handle common allergens including but not limited to wheat, gluten, dairy, eggs, soy, tree nuts, peanuts, and shellfish. Cross-contamination may occur during food preparation, and we cannot guarantee that any menu item is completely free from any specific allergen.

If you have severe food allergies, dietary restrictions, or specific health concerns, we strongly encourage you to contact us directly before placing an order and to consult with a healthcare professional as appropriate. By placing an order, you acknowledge and accept the inherent risks associated with food allergens and agree that Pequod's Pizza shall not be liable for any allergic reactions or adverse health effects resulting from the consumption of our food products.

Calorie and nutritional information provided on our website is approximate and may vary based on preparation methods, portion sizes, ingredient variations, and other factors. Such information is provided for general guidance only and should not be relied upon as medical or dietary advice.

13. 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 and the laws of the state in which Pequod's Pizza's principal place of business is located, without regard to its conflict of law principles or provisions.

You agree that any legal action or proceeding between you and Pequod's Pizza shall be brought exclusively in the federal or state courts located in the jurisdiction of our principal place of business, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts. You waive any objection that you may now or hereafter have to the laying of venue of any such action in such jurisdiction, and you waive any claim that any such action brought in such courts has been brought in an inconvenient forum.

Notwithstanding the foregoing, Pequod's Pizza reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or other proprietary interests.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services informally by contacting us at [email protected] with a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute cannot be resolved informally within that period, either party may pursue formal dispute resolution as set forth below.

14.2 Binding Arbitration

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

If the parties are unable to resolve a dispute informally, you and Pequod's Pizza agree that any dispute, claim, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or the use of our website or services, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, rather than in court, except that either party may assert individual claims in small claims court if the claims qualify.

The arbitration shall be conducted in the jurisdiction of Pequod's Pizza's principal place of business, or at a location mutually agreed upon by both parties. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND PEQUOD'S PIZZA 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. Further, unless both you and Pequod's Pizza agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

14.4 Exceptions

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

15. Term and Termination

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

• Terminate or suspend your access to all or part of our website and services at any time, with or without cause, and with or without notice;
• Delete your account and all associated information if we reasonably believe you have violated these Terms;
• Discontinue any aspect of our services at any time for any reason.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion.

Upon termination for any reason: (a) the license granted to you under these Terms will immediately terminate; (b) you must immediately cease all use of our website and services; and (c) we may, but are not obligated to, delete your account and any associated data.

Provisions of these Terms that by their nature should survive termination shall survive termination, including without limitation: intellectual property provisions, disclaimers, indemnification, limitations of liability, dispute resolution, and governing law provisions.

16. Changes to Terms of Service

We reserve the right, at our sole discretion, to modify, update, or replace any part of these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page and, where required by applicable law or where we deem appropriate, provide additional notice such as an email notification or a prominent notice on our website.

Your continued use of our website or services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our website and services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. If we make material changes to these Terms that significantly affect your rights or obligations, we will make reasonable efforts to provide you with advance notice.

17. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect.

The invalidity or unenforceability of any specific provision shall not affect the validity or enforceability of any other provision of these Terms. The parties agree to replace any invalid, illegal, or unenforceable provision with a valid, enforceable provision that, to the greatest extent possible, achieves the original intent and economic effect of the replaced provision.

18. Waiver

No failure or delay by Pequod's Pizza in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by us on our website, constitute the entire agreement between you and Pequod's Pizza with respect to your use of our website and services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

No oral or written information or advice given by Pequod's Pizza or its authorized representatives shall create a warranty or otherwise modify the terms of these Terms of Service.

20. Force Majeure

Pequod's Pizza shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure results from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government actions, wars, terrorism, labor disputes, power outages, internet disruptions, supply chain failures, or other circumstances beyond our reasonable control. In such events, we will endeavor to notify you as soon as reasonably practicable and to resume performance of our obligations as soon as reasonably possible.

21. California Users — Additional Rights

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), the California Business and Professions Code, and other applicable California state laws. These rights may include the right to know what personal information we collect about you, the right to request deletion of your personal information, the right to opt out of the sale or sharing of your personal information, and the right to non-discrimination for exercising your privacy rights. Please refer to our Privacy Policy for more information about your California privacy rights, or contact us directly at [email protected].

22. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service or our services, please contact us using the following information:

We will make every effort to respond to your inquiries in a timely and professional manner. For urgent matters related to food safety or order issues, please contact us as soon as possible so that we may address your concern promptly.