Terms of Service

Please read these Terms of Service carefully before using the website located at factory-pizza.click (the "Website") or placing any order with Pizza Factory ("we," "us," "our," or the "Company"). 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 of Service and all applicable laws and regulations. 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

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Pizza Factory. By accessing our Website at factory-pizza.click, creating an account, placing an order, subscribing to any service, or interacting with any feature of the Website, you expressly agree to these Terms of Service.

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

You must be at least eighteen (18) years of age to use our Website or place an order. By agreeing to these Terms of Service, you represent and warrant that you meet this age requirement. We reserve the right to verify age and identity at any time and to refuse service to anyone who does not meet these requirements.

These Terms of Service are governed by and construed in accordance with the laws of the United States, including applicable federal laws and state laws relevant to the jurisdiction in which our operations are based. Users located in California are further advised that their rights may be supplemented by the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as well as other applicable California statutes.

2. Description of Services

Pizza Factory operates as a food service business that provides customers with the ability to order pizzas and related food products through our Website at factory-pizza.click, as well as through any associated mobile applications, telephone ordering systems, and in-person dining or pickup services.

2.1 Online Ordering

Our Website allows customers to browse our menu, customize orders, select delivery or pickup options, and complete transactions online. Menu items, pricing, and availability are subject to change without prior notice. We make every effort to display accurate information, but we do not guarantee that all items displayed on the Website will be available at all times.

2.2 Delivery Services

Delivery services are available within designated service areas as determined by Pizza Factory. Delivery availability, estimated delivery times, and applicable delivery fees are subject to change. We make reasonable efforts to fulfill delivery estimates but cannot guarantee precise delivery times due to factors beyond our control, including but not limited to traffic conditions, weather, and order volume.

2.3 In-Store Pickup

Customers may place orders online and elect to pick up their orders at our physical location(s). Pickup times are estimates and are not guaranteed. Orders held for pickup must be claimed within a reasonable time; orders abandoned beyond a reasonable period may be forfeited without refund.

2.4 Catering and Special Orders

Pizza Factory may offer catering services and the ability to place large or special orders. These services may be subject to additional terms, conditions, and lead times. Please contact us directly for catering inquiries.

2.5 Modifications to Services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you or any third party.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order, including your name, contact information, delivery address, and payment details.
• Maintain the confidentiality of your account credentials, including your username and password, and notify us immediately at [email protected] if you suspect any unauthorized use of your account.
• Use our Website and services only for lawful purposes and in compliance with these Terms of Service and all applicable local, state, and federal laws and regulations of the United States.
• Ensure that any person who accesses the Website through your account or device complies with these Terms of Service.
• Pay all amounts owed to Pizza Factory in connection with orders placed through our Website or services.
• Review and confirm the accuracy of your order before submission, as orders may not be modifiable after placement.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities when using our Website or services:

• Fraudulent or Unauthorized Transactions: Using stolen, unauthorized, or fraudulently obtained payment methods to place orders.
• False Information: Providing false, misleading, or inaccurate information during account registration, ordering, or any other interaction with our services.
• Harassment: Engaging in any form of harassment, threatening behavior, or abusive communication directed at our staff, other customers, or any party associated with Pizza Factory.
• System Interference: Attempting to interfere with, disrupt, or gain unauthorized access to our Website, servers, databases, or associated systems.
• Automated Access: Using bots, scrapers, crawlers, spiders, or any other automated tools to access, collect data from, or interact with our Website without our express written permission.
• Unauthorized Reproduction: Copying, reproducing, distributing, or exploiting any content from our Website for commercial purposes without prior written consent from Pizza Factory.
• Malware and Viruses: Introducing, transmitting, or distributing any malicious code, viruses, ransomware, spyware, or any other harmful software through or in connection with our Website.
• Impersonation: Impersonating Pizza Factory, our employees, another user, or any other person or entity in connection with our services.
• Circumvention: Attempting to circumvent any security measures, pricing structures, or access controls implemented on our Website.
• Illegal Activities: Using our Website or services to facilitate any illegal activity under applicable United States federal, state, or local law.

Violation of these prohibitions may result in immediate termination of your account, cancellation of orders, referral to law enforcement authorities, and/or civil legal action.

4. Intellectual Property Rights

4.1 Ownership

All content on the Website at factory-pizza.click, including but not limited to the Pizza Factory name, logo, trademarks, service marks, trade names, text, graphics, photographs, images, illustrations, menu designs, software, audio, video, and the overall "look and feel" of the Website (collectively, the "Content"), is owned by or licensed to Pizza Factory and is protected under applicable United States intellectual property laws, including the Lanham Act (15 U.S.C. § 1051 et seq.), the Copyright Act (17 U.S.C. § 101 et seq.), and related regulations.

4.2 Limited License

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 placing orders and using our food services. This license does not grant you any ownership rights in the Content.

4.3 Restrictions

You may not, without the prior written consent of Pizza Factory:

• Copy, modify, distribute, transmit, publish, display, perform, reproduce, or create derivative works from the Content.
• Use any of Pizza Factory's trademarks, logos, or brand assets for any purpose, including promotional materials.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Content.
• Frame or mirror any portion of the Website on any other website or platform.

4.4 User-Submitted Content

If you submit reviews, comments, feedback, photographs, or other content to our Website or associated social media platforms, you grant Pizza Factory a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable license to use, reproduce, modify, adapt, publish, translate, and distribute such content for any purpose, including marketing and promotional activities, without compensation to you. You represent and warrant that you own or have all necessary rights to submit such content and that it does not violate any third-party rights or applicable law.

5. Payment Terms

5.1 Pricing

All prices listed on our Website are in United States Dollars (USD) and are subject to applicable sales taxes as required by state and local law. Prices are subject to change at any time without prior notice. The price applicable to your order will be the price displayed at the time you complete your order.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on the Website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

5.3 Order Authorization

When you place an order, you authorize Pizza Factory to charge your designated payment method for the total amount of your order, including applicable taxes, fees, and any delivery charges. We reserve the right to verify payment details and to cancel any order for which we suspect fraudulent or unauthorized payment.

5.4 Refund and Cancellation Policy

Due to the perishable nature of food products, all sales are generally final. Refunds or replacements may be provided at the sole discretion of Pizza Factory in the event that an order is incorrect, incomplete, or the food is prepared in a manner inconsistent with your order. To request a refund or replacement, please contact us promptly after receiving your order at [email protected]. Cancellations may only be processed before an order enters preparation. Once an order is being prepared or has been dispatched for delivery, cancellations are not available.

5.5 Promotions and Discount Codes

From time to time, Pizza Factory may offer promotional pricing, discount codes, or special offers. Promotions are subject to their own terms and conditions, are available for a limited time, and may not be combined with other offers unless expressly stated. We reserve the right to modify or terminate any promotion at any time without prior notice.

5.6 Taxes

You are responsible for all applicable taxes associated with your purchase. Sales tax will be calculated and applied based on applicable state and local tax laws at the time of your order.

6. Disclaimers

6.1 As-Is Basis

THE WEBSITE AND ALL SERVICES PROVIDED BY PIZZA FACTORY ARE OFFERED 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, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 Food Allergen Disclaimer

Our food products are prepared in facilities that handle common allergens, including but not limited to wheat/gluten, dairy, eggs, soy, tree nuts, peanuts, fish, and shellfish. While we make reasonable efforts to accommodate special dietary requests, we cannot guarantee that cross-contamination will not occur. Customers with severe food allergies or dietary restrictions are solely responsible for determining the suitability of our products for their consumption. Pizza Factory shall not be liable for any allergic reactions or adverse health consequences resulting from the consumption of our food products.

6.3 Website Availability

Pizza Factory does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content, information, or materials available through the Website.

6.4 Third-Party Links

Our Website may contain links to third-party websites or services. These links are provided for convenience only, and Pizza Factory does not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites. Your use of third-party websites is subject to those websites' own terms and conditions.

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 STATUTES, PIZZA FACTORY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO:

• Your access to or use of (or inability to access or use) the Website or our services.
• Any conduct or content of any third party on the Website.
• Any food products ordered, purchased, or consumed through our services.
• Unauthorized access, use, or alteration of your transmissions or content.

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

SOME JURISDICTIONS, INCLUDING CERTAIN STATES WITHIN THE UNITED STATES, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless Pizza Factory, its owners, officers, directors, employees, contractors, agents, licensors, and service providers from and against any 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 our Website or services, including any orders placed by you.
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights or privacy rights.
• Any content or information you submit, post, or transmit through the Website.
• Your negligence or willful misconduct.

Pizza Factory reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with us in asserting any available defenses.

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or relating to them or the use of our Website and services 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 Pizza Factory's principal place of business is located, without regard to its conflict of law provisions.

To the extent that any dispute is not resolved through the dispute resolution process outlined in Section 10, you consent to the exclusive personal jurisdiction of the federal and state courts located in the United States for the purpose of resolving any claims or disputes arising out of or related to these Terms of Service or your use of the Website and services.

Users located in the State of California acknowledge that they may have additional rights under the California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.), the California Privacy Rights Act (CPRA), the California Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), and other applicable California consumer protection statutes. Nothing in these Terms shall be construed to limit or waive any rights afforded to California residents under applicable California law.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service.

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 relating to these Terms of Service or your use of our services by contacting Pizza Factory informally. Please send a written description of your dispute to us at [email protected]. We will attempt to respond within thirty (30) days and work in good faith to resolve the matter informally.

10.2 Binding Arbitration

If the parties are unable to resolve a dispute informally within sixty (60) days, and to the fullest extent permitted by applicable law, you and Pizza Factory agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Website or services, shall be resolved by binding individual arbitration administered by a recognized arbitration organization in the United States, in accordance with its then-current rules and procedures. The arbitration shall be conducted in the English language, and the arbitrator's award shall be final and binding.

10.3 Class Action Waiver

YOU AND PIZZA FACTORY EACH AGREE THAT ANY ARBITRATION OR OTHER LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST PIZZA FACTORY. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS SECTION IS VOID OR UNENFORCEABLE, THEN THE ARBITRATION AGREEMENT IN THIS SECTION SHALL BE NULL AND VOID WITH RESPECT TO SUCH DISPUTE.

10.4 Exceptions to Arbitration

Notwithstanding the above, 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 to address claims involving amounts that fall within the jurisdictional limit of small claims court.

10.5 Small Claims Court

Either party may bring an individual action in a small claims court of competent jurisdiction for disputes that qualify for such court, in lieu of arbitration.

11. Term and Termination

11.1 Term

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 Pizza Factory.

11.2 Termination by You

You may terminate your account or cease using our Website and services at any time. Any outstanding orders placed prior to termination remain subject to these Terms of Service and must be honored in accordance with our payment policies.

11.3 Termination by Pizza Factory

Pizza Factory reserves the right, at its sole discretion, to suspend, restrict, or permanently terminate your access to the Website and services at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms of Service.
• Fraudulent, abusive, or illegal activity.
• Actions that harm or are likely to harm the interests of Pizza Factory, its employees, or other customers.
• Extended period of account inactivity.

11.4 Effect of Termination

Upon termination of your access to our services, your right to use the Website and any associated account will immediately cease. Provisions of these Terms of Service that by their nature should survive termination shall remain in full force and effect, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, and governing law provisions.

12. Changes to Terms of Service

Pizza Factory reserves the right to modify, update, or revise these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes, we may provide additional notice such as posting a prominent notice on the Website or sending an email notification to registered account holders.

Your continued use of our Website or services following the posting of revised Terms of Service constitutes your acceptance of those changes. If you do not agree to the revised terms, you must immediately cease using the Website and our services. It is your responsibility to review these Terms of Service periodically to stay informed of any updates.

We encourage you to bookmark this page and check it regularly. Changes shall not apply retroactively to disputes that arose prior to the effective date of the revised Terms of Service, unless required by applicable law.

13. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, or unenforceable under applicable law, such provision shall be deemed severed from these Terms of Service to the minimum extent necessary, and the remaining provisions shall continue in full force and effect as if the invalid or unenforceable provision had never been included.

In the event that a provision is severed, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the severed provision to the greatest extent possible under applicable law. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction.

14. Additional Legal Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Pizza Factory on the Website, constitute the entire agreement between you and Pizza Factory 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 such subject matter.

14.2 Waiver

The failure of Pizza Factory to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if made in writing and signed by an authorized representative of Pizza Factory.

14.3 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms of Service without the prior written consent of Pizza Factory. Pizza Factory may freely assign, transfer, or delegate its rights and obligations under these Terms of Service without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

14.4 Force Majeure

Pizza Factory shall not be liable for any failure or delay in performance of its obligations under these Terms of Service to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, pandemic, acts of government, labor disputes, supply chain disruptions, power outages, or internet service failures.

14.5 No Third-Party Beneficiaries

These Terms of Service are for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing in these Terms of Service shall create or be construed to create any third-party beneficiary rights.

14.6 Electronic Communications

By using our Website and placing orders, you consent to receive electronic communications from Pizza Factory, including order confirmations, promotional emails, and notices regarding changes to these Terms of Service. You agree that any notices, agreements, disclosures, or other communications delivered electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

15. Food Safety and Regulatory Compliance

Pizza Factory is committed to operating in compliance with all applicable federal, state, and local food safety laws and regulations, including those administered by the United States Food and Drug Administration (FDA), the United States Department of Agriculture (USDA), and applicable state and local health department regulations.

Our food handling, preparation, and storage practices are designed to meet or exceed applicable regulatory standards. However, Pizza Factory makes no warranty that its products are suitable for individuals with specific dietary requirements, medical conditions, or allergies beyond what is expressly stated in our menu materials. Customers with specific health concerns are strongly encouraged to consult a healthcare professional before consuming our products.

Calorie and nutrition information, where provided, is approximate and based on standard recipe formulations. Actual nutritional content may vary based on portion size, preparation method, and ingredient substitutions.

16. Contact Information

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

We will make every effort to respond to your inquiry within a reasonable period of time. For urgent matters related to food safety or health concerns, please also contact your local health department or relevant regulatory authority.