Terms of Service

Please read these Terms of Service carefully before using the website pizzafactorycafe.click or any services offered by Pizza Factory. By accessing or using our website and services, you agree to be legally bound by these Terms of Service. If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

1. Acceptance of Terms

By accessing, browsing, or using the website located at pizzafactorycafe.click (the "Website"), placing an order, registering an account, or otherwise engaging with any service offered by Pizza Factory ("Company," "we," "us," or "our"), you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), along with our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Pizza Factory. If you are accessing or using our services on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include 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. By using our services, you represent and warrant that you meet this age requirement.

We reserve the right to modify these Terms at any time. Your continued use of our Website or services following the posting of any changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically.

2. Description of Services

Pizza Factory is a food service business operating in the United States, offering a range of culinary products and dining-related services. Our services include, but are not limited to:

• Online Ordering: Customers may browse our menu and place orders for pickup or delivery through our Website.
• Menu Information: We provide detailed descriptions, pricing, and availability of our food products, including pizzas, sides, beverages, and specialty items.
• Promotions and Loyalty Programs: From time to time, we may offer discount codes, special promotions, loyalty rewards, or limited-time offers accessible through our Website.
• Customer Account Management: Users may create an account to manage their order history, save preferences, and access exclusive offers.
• Customer Support: We provide customer support via email and phone to assist with orders, complaints, and general inquiries.
• Third-Party Delivery Services: We may partner with third-party delivery platforms to facilitate the delivery of orders. Such third-party services are governed by their own terms and policies.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

All food products are prepared subject to availability. Menu items, pricing, and ingredients are subject to change without notice. We strongly encourage customers with food allergies or dietary restrictions to contact us directly at [email protected] before placing an order, as our kitchen may handle allergens including but not limited to gluten, dairy, nuts, eggs, and soy.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, complete, and current information when creating an account or placing an order.
• Maintain the security and confidentiality of your account credentials and notify us immediately of any unauthorized use of your account.
• Use the Website and services solely for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations of the United States.
• Promptly pay for all orders placed through the Website and not dispute valid charges fraudulently.
• Be present or arrange for an authorized individual to receive food deliveries at the designated delivery address.
• Treat our staff, delivery partners, and other users with respect and courtesy.
• Ensure that any feedback or reviews you submit are honest, accurate, and not defamatory.

3.2 Prohibited Activities

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

• Using our Website or services for any fraudulent, unlawful, or unauthorized purpose.
• Attempting to gain unauthorized access to our systems, servers, databases, or other users' accounts.
• Using automated tools, bots, scrapers, or other mechanisms to access, collect, or copy content from our Website without prior written consent.
• Submitting false, misleading, or defamatory reviews, comments, or feedback about our products or services.
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity.
• Uploading, transmitting, or distributing any viruses, malware, or other harmful code through our Website.
• Engaging in any activity that interferes with or disrupts the proper functioning of our Website, servers, or networks.
• Reproducing, duplicating, copying, selling, or exploiting any portion of our Website or services without express written permission from Pizza Factory.
• Using our Website to transmit unsolicited commercial communications (spam) to other users or third parties.
• Circumventing or manipulating pricing, promotions, discount codes, or loyalty program terms in bad faith.
• Violating any applicable federal, state, or local laws, including consumer protection laws enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 45).

We reserve the right to investigate any suspected violations of these Terms and to take appropriate action, including suspending or terminating your account, refusing service, or reporting conduct to appropriate law enforcement authorities.

4. Intellectual Property Rights

All content available on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, page layouts, and software, is the exclusive property of Pizza Factory or its licensors and is protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and trademark laws under the Lanham Act (15 U.S.C. § 1051 et seq.).

The Pizza Factory name, logo, and all related marks, trade dress, and brand identifiers are trademarks or service marks of Pizza Factory. You may not use any of our trademarks or service marks without our prior written consent. Unauthorized use of our intellectual property may constitute trademark infringement, copyright infringement, or other violations of law.

Subject to your compliance with these Terms, Pizza Factory grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and its content solely for your personal, non-commercial use in connection with our services. This license does not include any right to:

• Reproduce, distribute, or publicly display any content from our Website.
• Modify or create derivative works based on our content.
• Use our content for commercial purposes without prior written authorization.
• Remove or alter any copyright, trademark, or other proprietary notices.

If you believe that your copyrighted work has been used on our Website in a manner that constitutes copyright infringement, please contact us at [email protected] with the subject line "DMCA Notice" and provide all information required under the Digital Millennium Copyright Act (17 U.S.C. § 512).

5. Payment Terms

5.1 Pricing and Fees

All prices listed on our Website are in United States Dollars (USD) and are inclusive of applicable sales tax unless otherwise stated. Prices are subject to change without notice. The price applicable to your order will be the price displayed at the time your order is confirmed.

5.2 Payment Methods

We accept various forms of payment, including major credit cards, debit cards, and other payment methods as may be indicated on our Website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.

5.3 Order Confirmation and Billing

An order is not confirmed until you receive an electronic confirmation from us. We reserve the right to cancel any order due to pricing errors, product unavailability, or suspected fraudulent activity. In such cases, any payment collected will be promptly refunded.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once preparation has commenced. If you experience an issue with your order — such as receiving incorrect items, missing items, or food that does not meet quality standards — please contact us within 24 hours of receiving your order at [email protected]. We will review your complaint and, at our sole discretion, offer a replacement, store credit, or refund as appropriate.

5.5 Chargebacks

If you initiate a chargeback with your financial institution for a charge that we believe to be valid, we reserve the right to dispute the chargeback, suspend your account pending resolution, and seek recovery of all amounts owed, including any fees incurred as a result of the chargeback process.

6. Disclaimers

6.1 As-Is Basis

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

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
• WARRANTIES THAT THE WEBSITE 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 ON THE WEBSITE.
• WARRANTIES RELATED TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES.

6.2 Food Product Disclaimers

While we make every effort to ensure the accuracy of our menu descriptions and ingredient information, we do not warrant that such information is always current, accurate, or complete. Menu items are prepared in a kitchen environment where allergens may be present. Pizza Factory does not assume liability for adverse reactions to food consumed if you have not disclosed your dietary restrictions or allergies prior to placing your order.

6.3 Third-Party Links and Services

Our Website may contain links to third-party websites or services. These links are provided for your convenience only. We do not endorse, control, or assume any responsibility for the content, privacy practices, or terms of any third-party websites. Your use of third-party websites is at your own risk.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, IN NO EVENT SHALL PIZZA FACTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL.
• DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE OUR WEBSITE OR SERVICES.
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
• DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OUR SERVICES.

THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PIZZA FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PIZZA FACTORY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some states do not allow the exclusion or limitation of certain damages. If you reside in such a state, some of the above limitations may not apply to you to the extent prohibited by applicable law.

8. Indemnification

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

• Your use or misuse of our Website or services.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any rights of any third party, including intellectual property rights, privacy rights, or publicity rights.
• Any content or information you submit, post, or transmit through our Website.
• Your fraudulent, negligent, or intentionally wrongful conduct.
• Any dispute between you and another user or third party arising from your use of our 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 with us in asserting any available defenses. You may not settle any claim that imposes any obligation or liability on Pizza Factory without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by, construed, and enforced in accordance with the laws of the United States of America and applicable state law, without regard to conflict of law principles. To the extent state law applies, the laws of the state in which Pizza Factory is registered and operates shall govern.

You acknowledge and agree that:

• These Terms are subject to applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce.
• Consumer protection laws at the federal level, enforced by the Federal Trade Commission (FTC), apply to your use of our services.
• If you are located in California, additional rights may apply to you under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as well as other California state consumer protection statutes.

Subject to the arbitration provision below, any legal action or proceeding arising out of or relating to these Terms or your use of our services shall be brought exclusively in the competent federal or state courts located in the United States, and you hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Pizza Factory at [email protected] and attempt to resolve the dispute informally. We will endeavor to respond to your complaint within thirty (30) days and work with you in good faith to find a mutually acceptable resolution.

10.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitration shall be conducted in English and, unless otherwise agreed by the parties, shall take place in the United States. The arbitrator shall have the authority to award any remedy that would be available in a court of law, subject to the limitations set forth in these Terms. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.

10.3 Class Action Waiver

10.4 Exceptions to Arbitration

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 intellectual property rights or confidential information. Additionally, either party may bring an individual action in small claims court for disputes that qualify under the applicable small claims court rules.

10.5 Time Limitation on Claims

Any claim or cause of action arising out of or related to these Terms or our services must be filed within one (1) year after the claim or cause of action arose, or it shall be forever barred, notwithstanding any statute of limitations to the contrary.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you use our Website or services or maintain an account with Pizza Factory.

11.2 Termination by You

You may terminate your relationship with us at any time by ceasing to use our Website and services and, if applicable, deleting or requesting the deletion of your account by contacting us at [email protected].

11.3 Termination by Pizza Factory

We reserve the right, at our sole discretion, to suspend or terminate your access to the Website and services, with or without notice and without liability, for any reason, including but not limited to:

• Your violation of these Terms or any applicable law or regulation.
• Your engagement in fraudulent or abusive behavior.
• Your submission of false or misleading information.
• Discontinuation of our services or business operations.
• Technical, security, or legal reasons that necessitate such action.

11.4 Effect of Termination

Upon termination, your right to use our Website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

12. Changes to Terms

Pizza Factory reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you via email or a prominent notice on our Website.

Your continued use of our Website or services after any changes to these Terms are posted constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must immediately cease using our Website and services.

We encourage you to review these Terms periodically to stay informed of any updates. If you have any questions about changes to these Terms, please contact us at [email protected].

13. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if modification is not possible, such provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

The parties agree that in the event any provision is modified or severed, they intend the remaining provisions to be interpreted and enforced in a manner that most closely reflects the original intent of these Terms as a whole.

14. Additional Legal Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements or policies expressly incorporated herein by reference, constitute the entire agreement between you and Pizza Factory 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 the subject matter hereof.

14.2 No Waiver

No failure or delay by Pizza Factory in exercising any right, power, or privilege under these Terms shall operate as a waiver of such right, power, or privilege. 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. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

14.3 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Pizza Factory may freely assign or transfer its rights and obligations under these Terms to any affiliate, successor, or in connection with a merger, acquisition, reorganization, or sale of assets, without restriction and without notice to you.

14.4 Force Majeure

Pizza Factory shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, storms, natural disasters, pandemics or public health emergencies, war, terrorism, civil unrest, government actions, labor disputes, power outages, internet or telecommunications failures, or other unforeseen events. In the event of such a force majeure event, our obligations will be suspended for the duration of the event, and we will use commercially reasonable efforts to resume operations as soon as practicable.

14.5 Electronic Communications

By using our Website and services, you consent to receive electronic communications from Pizza Factory, including emails, notices, and other messages sent to the email address associated with your account. 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.

14.6 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, franchise, or agency relationship between you and Pizza Factory. You have no authority to make or accept any offers or representations on our behalf.

14.7 Feedback and Submissions

If you submit any feedback, suggestions, ideas, or other content to Pizza Factory (collectively, "Feedback"), you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, and perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Feedback for any purpose. You represent that you have the right to grant this license and that your Feedback does not infringe on the rights of any third party.

15. Contact Information

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

We are committed to addressing your inquiries and concerns promptly and professionally. Please allow up to 5–7 business days for a response to your inquiry. For urgent matters related to orders or food safety, please contact us immediately via email with "URGENT" in the subject line.