Terms of Service

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

1. Acceptance of Terms

By accessing pizzana-eat.rest, creating an account, placing an order, or otherwise interacting with Pizzana's digital or physical services, you enter into a legally binding agreement with Pizzana. This Agreement is governed by the laws of the United States and applicable state laws.

These Terms apply to all visitors, customers, registered users, and any other individuals who access or use our services in any capacity. Your continued use of our website or services after any modification to these Terms constitutes your acceptance of the revised Terms.

You represent and warrant that:

• You are at least 18 years of age, or if you are between 13 and 17 years of age, you have obtained verifiable parental or legal guardian consent;
• You have the legal authority and capacity to enter into this Agreement;
• You will use our services only for lawful purposes and in accordance with these Terms;
• All information you provide to us is accurate, current, and complete.

If you are accessing or using our services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Services

Pizzana is a food service establishment operating in the United States. We provide the following services through our website at pizzana-eat.rest and our physical location(s):

2.1 Online Ordering

Our website allows customers to browse our menu, customize food items, and place orders for delivery or in-store pickup. We reserve the right to modify menu items, pricing, availability, and operational hours at any time without prior notice.

2.2 Delivery Services

Where available, Pizzana offers food delivery services within designated geographic areas. Delivery availability, minimum order amounts, delivery fees, and estimated delivery times are subject to change based on operational conditions, weather, staffing, and demand. Delivery times are estimates only and are not guaranteed.

2.3 In-Store Dining and Pickup

Customers may dine in at our physical location(s) or place orders for pickup. In-store service is subject to availability, seating capacity, and applicable health and safety regulations.

2.4 Catering and Special Orders

Pizzana may offer catering services and the ability to place special or large-group orders. These services may require advance notice, deposits, and separate agreements. Please contact us directly at [email protected] for catering inquiries.

2.5 Promotions and Loyalty Programs

From time to time, Pizzana may offer promotional discounts, loyalty rewards, or special offers. Such promotions are subject to their own specific terms and conditions and may be modified or discontinued at any time.

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

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our website and services, you agree to:

• Provide accurate, truthful, and complete information when registering an account or placing an order;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use;
• Use our services only for their intended, lawful purpose;
• Comply with all applicable federal, state, and local laws and regulations;
• Treat our staff, delivery personnel, and other customers with respect and dignity;
• Ensure that you or an authorized recipient is available to accept delivery of orders;
• Review your order details carefully before submitting to ensure accuracy.

3.2 Prohibited Activities

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

• Fraudulent Activities: Submitting false, fraudulent, or misleading orders, payment information, or communications to Pizzana;
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or other accounts;
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of our website or any software;
• Automated Access: Using bots, scrapers, spiders, crawlers, or other automated tools to access, scrape, or collect information from our website without express written permission;
• Interference: Transmitting viruses, malware, or other malicious code; engaging in denial-of-service attacks or any other conduct that disrupts the functioning of our website or services;
• Impersonation: Impersonating Pizzana, our employees, or any other person or entity;
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works of our content without authorization;
• Harassment: Harassing, threatening, or intimidating our staff, delivery personnel, or other customers;
• Illegal Use: Using our services in connection with any illegal activity, including but not limited to money laundering or fraud;
• Abuse of Promotions: Creating multiple accounts to exploit promotions, or otherwise abusing discount codes, loyalty programs, or referral systems;
• Misrepresentation: Making false claims about orders, food quality, or delivery to obtain refunds or compensation fraudulently.

Violation of any of these prohibitions may result in the immediate termination of your account, cancellation of pending orders, and referral to appropriate law enforcement authorities. Pizzana reserves the right to pursue all available legal remedies in connection with prohibited conduct.

4. Intellectual Property Rights

4.1 Our Intellectual Property

All content on the Pizzana website, including but not limited to text, graphics, logos, images, photographs, menu designs, video content, audio clips, software, and the overall "look and feel" of the website, are the exclusive property of Pizzana or its licensors and are protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and trade secret law.

4.2 Limited License

Pizzana grants you a limited, non-exclusive, non-transferable, revocable license to access and use our website and its content solely for the purpose of using our food services as a personal, non-commercial customer. This license does not permit you to:

• Reproduce, distribute, or publicly display our content;
• Modify or create derivative works based on our content;
• Use our content for any commercial purpose;
• Remove any copyright, trademark, or other proprietary notices.

4.3 Trademarks

The Pizzana name, logo, and any associated brand identifiers are trademarks or service marks of Pizzana. You may not use these marks without our prior written permission. Unauthorized use of our trademarks is strictly prohibited and may constitute trademark infringement under the Lanham Act (15 U.S.C. § 1051 et seq.).

4.4 User-Submitted Content

If you submit reviews, comments, photographs, or other content to our website or social media platforms, you grant Pizzana a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, and display such content in connection with our business operations and marketing activities. You represent that you have all necessary rights to grant this license and that your submitted content does not infringe any third-party rights.

5. Payment Terms

5.1 Pricing

All prices displayed on our website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales tax, delivery fees, service charges, or gratuity unless expressly stated. The total amount payable will be displayed before you confirm your order.

5.2 Payment Methods

We accept various payment methods as indicated on our website at the time of checkout, which may include major credit cards, debit cards, and select digital payment platforms. By providing payment information, you represent and warrant that you are authorized to use the payment method provided and that the information is accurate.

5.3 Order Confirmation and Billing

Your order is not confirmed until you receive an order confirmation from us. Pizzana reserves the right to refuse or cancel any order at our discretion, including in cases of suspected fraud, pricing errors, or unavailability of items. If your payment has been processed and your order is cancelled by us, you will receive a full refund to your original payment method.

5.4 Taxes

You are responsible for all applicable taxes associated with your order, including state and local sales taxes as required by law. We will collect and remit applicable taxes as required by the laws of the relevant jurisdiction.

5.5 Refunds and Cancellations

Once an order has been confirmed and preparation has begun, cancellations may not be accepted. If you believe there is an error with your order or the food received does not conform to what was ordered, please contact us immediately at [email protected]. Refunds are issued at our sole discretion and on a case-by-case basis. We are committed to customer satisfaction and will work with you to resolve any legitimate concerns.

6. Disclaimers

6.1 As-Is Basis

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PIZZANA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Guarantee of Availability

We do not warrant that our website will be available, uninterrupted, error-free, or free from viruses or other harmful components. We may suspend or restrict access to our website for maintenance, updates, or for reasons beyond our control without notice or liability.

6.3 Food Allergen Disclaimer

Our food products may contain or come into contact with common allergens, including but not limited to wheat, dairy, eggs, nuts, shellfish, soy, and gluten. While we take reasonable precautions, we cannot guarantee that any menu item is completely free from allergens. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order. Pizzana shall not be liable for any allergic reactions or adverse health effects arising from consumption of our products.

6.4 Third-Party Services

Our website may contain links to third-party websites or utilize third-party platforms for payment processing, delivery logistics, or other functions. We make no representations or warranties regarding the accuracy, security, or availability of such third-party services and are not responsible for their content or practices. Your use of third-party services is governed by their respective terms and policies.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND APPLICABLE STATE CONSUMER PROTECTION LAWS, IN NO EVENT SHALL PIZZANA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE OUR WEBSITE OR SERVICES;
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
• DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT;
• ANY OTHER INTANGIBLE LOSSES.

IN ALL CASES, PIZZANA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND 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 PIZZANA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD $100.00).

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF PIZZANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless Pizzana and its respective owners, officers, directors, employees, agents, contractors, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of or access to our website or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any content you submit, post, or transmit through our website;
• Any fraudulent, negligent, or willful misconduct on your part.

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 case you agree to cooperate fully with us in asserting any available defenses.

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or your use of Pizzana's services shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Pizzana operates, without regard to its conflict of law principles.

To the extent that any dispute is not subject to mandatory arbitration as described in Section 10 below, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the United States and waive any objections to such jurisdiction or venue, including any objection based on inconvenient forum.

Where applicable, Pizzana's operations and your use of our services may also be subject to federal laws and regulations administered by agencies including the Federal Trade Commission (FTC), the Food and Drug Administration (FDA), and the United States Department of Agriculture (USDA).

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or related to these Terms or our services by contacting Pizzana directly at [email protected]. We will make a good-faith effort to resolve your concern within thirty (30) days of receipt of your written notice describing the nature of the dispute and the relief sought.

10.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or your use of our 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. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Arbitration shall take place in the United States, and the proceedings shall be conducted in English. The arbitrator shall have the authority to award any remedy that would be available in a court of law, but shall not have the authority to award punitive damages except where expressly permitted by applicable law.

10.3 Class Action Waiver

YOU AND PIZZANA 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 OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction in order to prevent irreparable harm pending the resolution of a dispute through arbitration. Nothing in this Section shall prevent Pizzana from seeking injunctive or other equitable relief in connection with any threatened or actual infringement of its intellectual property rights.

10.5 Time Limitation on Claims

You agree that any claim or cause of action arising out of or related to the use of our services or these Terms must be filed within one (1) year after such claim or cause of action arose; otherwise, such claim or cause of action shall be permanently 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 us.

11.2 Termination by You

You may terminate your relationship with us at any time by discontinuing use of our website and services and, where applicable, closing your account by contacting us at [email protected].

11.3 Termination by Pizzana

Pizzana reserves the right to suspend, restrict, or terminate your access to our website and services at any time, with or without cause, and with or without notice, including but not limited to situations where:

• You have violated any provision of these Terms;
• We reasonably suspect fraudulent, abusive, or illegal activity;
• Required by law or regulation;
• We discontinue our services in whole or in part;
• Your conduct poses a risk to our operations, reputation, or the safety of our staff or customers.

11.4 Effect of Termination

Upon termination, your right to access and use our services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Law), 10 (Dispute Resolution), and 14 (Severability).

12. Changes to Terms

Pizzana reserves the right to modify, update, or revise these Terms of Service at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and, where practicable, provide additional notice such as a prominent notice on our website or an email to registered users.

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

13. Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated by reference into these Terms, describes how we collect, use, disclose, and protect your personal information in connection with your use of our services. By using our services, you consent to the data practices described in our Privacy Policy. To the extent that Pizzana operates in or serves customers in California, our data practices are also governed by the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as applicable.

Please review our Privacy Policy available on our website for complete details regarding our data handling practices.

14. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be deemed deleted. In either case, the remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired by the invalidity or unenforceability of any other provision.

The parties agree that they would have entered into these Terms even without the provision that is found to be invalid or unenforceable, and accordingly, any invalidity shall not render these Terms unenforceable as a whole.

15. Entire Agreement

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

No failure or delay by Pizzana in exercising any right or remedy under these Terms shall constitute a waiver of such right or remedy. No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Pizzana.

16. Force Majeure

Pizzana shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, civil unrest, labor disputes, power outages, telecommunications failures, or interruptions to internet services. In such events, we will use commercially reasonable efforts to resume performance as soon as practicable.

17. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you wish to report a violation or submit a formal complaint, please contact us using the information below:

We will make every effort to respond to your inquiries in a timely and professional manner. For urgent matters related to food safety, please contact the appropriate local health authority in addition to reaching out to us.