Terms of Service

Please read these Terms of Service carefully before using the website factorypizza.rest or any services offered by Pizza Factory. By accessing or using our website and 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

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Pizza Factory ("Company," "we," "us," or "our"), governing your access to and use of the website located at factorypizza.rest (the "Website"), as well as all related services, features, content, and functionality offered through the Website or our physical locations.

By accessing the Website, placing an order, creating an account, or otherwise engaging with our services, you affirm that:

• You are at least 18 years of age, or are accessing the Website under the supervision of a parent or legal guardian who agrees to these Terms;
• You have the legal capacity to enter into binding contracts under applicable United States law;
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference;
• You are not prohibited from using our services under any applicable law or regulation.

If you are using our services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to "you" shall apply to that entity.

2. Description of Services

Pizza Factory is a food service business operating in the United States. We offer the following services to our customers:

2.1 Online Ordering

Through our Website at factorypizza.rest, customers may browse our menu, customize their orders, and place orders for delivery or in-store pickup. Our online ordering system is designed to provide a convenient and efficient experience for all customers.

2.2 Dine-In Services

We welcome customers to dine in at our physical location(s). Our staff is committed to providing quality food and excellent customer service during your visit.

2.3 Delivery Services

We offer delivery services within our designated service area. Delivery availability, fees, minimum order requirements, and estimated delivery times may vary based on location and operational hours. Delivery times are estimates only and are not guaranteed.

2.4 Catering and Special Orders

We may offer catering services or special orders for events and gatherings. Availability and terms for catering services may differ from our standard menu and ordering terms. Please contact us directly at [email protected] for catering inquiries.

2.5 Promotional Offers and Loyalty Programs

From time to time, Pizza Factory may offer promotional discounts, loyalty rewards, coupons, or special deals. Such offers are subject to their own specific terms and conditions and may be modified or withdrawn at any time without prior notice.

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.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and be solely responsible for all activity that occurs under your account;
• Notify us immediately of any unauthorized use of your account or any other security breach by contacting us at [email protected];
• Use the Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations while using our Website and services;
• Treat our staff and other customers with respect and courtesy at all times.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Fraudulent Orders: Placing orders with no intention of completing payment, using fraudulent payment information, or submitting false personal information;
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or other users' accounts;
• Interference: Interfering with, disrupting, or attempting to gain unauthorized access to the Website or servers or networks connected to the Website;
• Malicious Code: Uploading, transmitting, or introducing viruses, malware, ransomware, Trojan horses, or any other malicious or harmful code;
• Data Scraping: Using automated tools, bots, scrapers, or similar mechanisms to extract data from our Website without express written consent;
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of our Website or software;
• Intellectual Property Infringement: Reproducing, distributing, modifying, or creating derivative works from any content on our Website without our prior written permission;
• Harassment: Harassing, threatening, intimidating, or abusing any Pizza Factory employee, contractor, or other customer;
• False Reviews: Submitting false, misleading, or defamatory reviews or feedback about our products or services;
• Impersonation: Impersonating any person or entity, or falsely claiming an affiliation with any person or entity;
• Illegal Activities: Using our services to facilitate any illegal activity prohibited under applicable United States federal or state law.

Violation of any of the above prohibitions may result in immediate termination of your account and access to our services, as well as potential civil or criminal liability.

4. Intellectual Property Rights

4.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, software, and the overall "look and feel" of the Website, is the exclusive property of Pizza Factory or its content suppliers and is protected by United States copyright, trademark, trade dress, patent, and other applicable intellectual property laws.

4.2 Trademarks

The name "Pizza Factory," our logos, slogans, and all related product and service names, design marks, and trade dress are trademarks or service marks of Pizza Factory. You may not use any of our trademarks without our prior written consent. Other trademarks appearing on our Website are the property of their respective owners.

4.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

• Reproduce, distribute, or publicly display any content from the Website;
• Modify, adapt, translate, or create derivative works based on any Website content;
• Use the Website or its content for any commercial purpose;
• Remove or alter any copyright, trademark, or other proprietary notices.

4.4 User-Submitted Content

If you submit any reviews, feedback, comments, photos, or other content to our Website or social media channels ("User Content"), you grant Pizza Factory a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content for any lawful purpose. You represent that you own or have the right to submit such User Content and that it 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 shown do not include applicable taxes or delivery fees unless explicitly stated. The final total, including taxes and fees, will be displayed at checkout before you confirm your order.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the full order amount, including taxes and applicable fees, to your payment method.

5.3 Order Confirmation

Upon placing an order, you will receive a confirmation email or notification to the contact information provided. This confirmation represents our acceptance of your order. We reserve the right to refuse or cancel any order at our discretion, including but not limited to situations involving pricing errors, product availability, or suspected fraudulent activity.

5.4 Taxes

You are responsible for all applicable federal, state, and local taxes associated with your purchases. We collect and remit applicable sales taxes as required by law in the jurisdictions where we operate.

5.5 Refunds and Cancellations

Cancellation and refund policies depend on the nature of the order and how far along the preparation process has advanced. For orders that have not yet entered preparation, we will make reasonable efforts to accommodate cancellation requests. For orders already in preparation or delivery, refunds may be limited. If you have received an incorrect, incomplete, or unsatisfactory order, please contact us within 24 hours at [email protected] so we can make it right. We reserve the right to determine the appropriate resolution, which may include a replacement order, store credit, or full or partial refund.

6. Allergen and Dietary Information

Pizza Factory makes reasonable efforts to provide accurate information about ingredients and potential allergens in our food products. However, our food is prepared in an environment that handles common allergens, including but not limited to wheat, dairy, eggs, nuts, and soy. We cannot guarantee that any of our products are completely free from allergens or cross-contamination.

If you have severe food allergies or specific dietary requirements, we strongly encourage you to contact us directly before placing your order. Pizza Factory shall not be liable for any allergic reactions or adverse health consequences resulting from the consumption of our food products.

7. Disclaimer of Warranties

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

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED.

Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such states, our liability is limited to the greatest extent permitted by applicable law.

8. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE NOT DIRECTLY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES RESULTING FROM ANY THIRD-PARTY CONDUCT OR CONTENT ON OUR WEBSITE.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO PIZZA FACTORY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations set forth in this section shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if Pizza Factory has been advised of the possibility of such damages. Some jurisdictions do not allow limitation of liability for certain types of damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless Pizza Factory and its owners, officers, directors, employees, contractors, agents, licensors, and suppliers (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation;
• Your use of our Website or services in a manner not authorized by these Terms;
• Your User Content or any content you submit, post, transmit, or make available through our Website;
• Your violation of any third-party right, including any intellectual property right, publicity right, or privacy right;
• Any dispute or issue between you and any third party;
• Your fraudulent, negligent, or willful misconduct.

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 will cooperate with us in asserting any available defenses.

10. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or platforms, including delivery partners, payment processors, and social media platforms. These links are provided solely for your convenience. Pizza Factory does not endorse, control, or assume responsibility for any third-party websites or their content, privacy policies, or practices. Your use of any third-party website or service is entirely at your own risk and subject to that third party's terms of service and privacy policy. We encourage you to review the terms and privacy policies of any third-party services you access through our Website.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and is available on our Website. By using our services, you acknowledge and agree to the terms of our Privacy Policy.

To the extent applicable, we comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, as well as the Federal Trade Commission Act (FTC Act) with respect to consumer protection and unfair or deceptive trade practices.

12. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or your 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 is registered and primarily operates, without regard to its conflict of law principles.

Subject to the dispute resolution provisions below, you agree to submit to the personal jurisdiction of the federal and state courts located within the applicable state of Pizza Factory's principal place of business for the resolution of any disputes not subject to arbitration.

If you are a consumer in a state with specific consumer protection laws, nothing in these Terms shall limit your rights under those applicable laws, including but not limited to state consumer protection statutes and FTC regulations.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute informally by contacting Pizza Factory at [email protected]. We will make good-faith efforts to resolve your concern within thirty (30) days of receiving your written notice. If we are unable to resolve the dispute informally within that period, either party may proceed to the formal dispute resolution process set forth below.

13.2 Binding Arbitration

Except as otherwise provided in this section, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of our Website or services, shall be resolved by binding individual arbitration administered by a recognized arbitration organization such as the American Arbitration Association (AAA) under its applicable rules, rather than in court. The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding.

You and Pizza Factory each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13.3 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Small claims court actions within the applicable jurisdictional limits are also excluded from mandatory arbitration.

13.4 Time Limitation

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

14. Term and Termination

14.1 Term

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

14.2 Termination by Pizza Factory

We reserve the right, in our sole discretion, to suspend or 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 any provision of these Terms;
• Fraudulent, abusive, or illegal activity;
• Conduct that is harmful to other users, third parties, or our business interests;
• Extended periods of account inactivity;
• Discontinuation of our services.

14.3 Termination by User

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination, including any outstanding payment obligations.

14.4 Effect of Termination

Upon termination, your right to access and use the Website and services will immediately cease. Any outstanding orders placed prior to termination may be completed or cancelled at our discretion. We may retain certain information as required by law or for legitimate business purposes.

15. 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 material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page;
• Post the revised Terms on our Website at factorypizza.rest;
• Where appropriate, provide additional notice such as a banner on the Website or an email notification to registered users.

Your continued use of our Website or services following the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree to the revised Terms, you must cease using our Website and services. We encourage you to review these Terms periodically to stay informed of any updates.

16. Severability

If any provision of these Terms is found to be invalid, unlawful, void, or unenforceable for any reason by a court of competent jurisdiction or an arbitrator, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

The parties agree that the court or arbitrator shall attempt to give effect to the parties' intentions as reflected in any invalid or unenforceable provision to the greatest extent permissible under applicable law.

17. 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 agreements, representations, warranties, and understandings with respect to the subject matter hereof.

No waiver by Pizza Factory of any breach of these Terms shall be deemed a waiver of any subsequent breach. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

18. Force Majeure

Pizza Factory shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, war, terrorism, governmental actions, labor disputes, power outages, internet disruptions, or supply chain failures. In such events, we will make reasonable efforts to notify you and resume performance as soon as practicable.

19. Electronic Communications

By using our Website or services, you consent to receive electronic communications from Pizza Factory, including order confirmations, promotional materials, and policy updates. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically satisfy any legal requirement that such communications be in writing. If you wish to opt out of promotional communications, you may do so by following the unsubscribe instructions included in any such communication or by contacting us at [email protected].

20. Accessibility

Pizza Factory is committed to making our Website accessible to all users, including those with disabilities, in accordance with applicable accessibility standards and the Americans with Disabilities Act (ADA). If you experience any accessibility difficulties while using our Website, please contact us at [email protected] so we can assist you and work to improve our accessibility.

21. Children's Privacy

Our Website and services are not directed at or intended for use by children under the age of 13. We do not knowingly collect personal information from children under 13 years of age. If you believe that a child under 13 has provided us with personal information, please contact us immediately at [email protected] so that we can take appropriate action to delete such information.

22. No Agency Relationship

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, franchise, or any other form of legal relationship between you and Pizza Factory. You do not have authority to bind Pizza Factory to any obligation, and Pizza Factory does not have authority to bind you to any obligation beyond these Terms.

23. Headings

The section headings used in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.

24. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you wish to exercise any of your rights under applicable law, please contact us using the information below:

We aim to respond to all inquiries within five (5) business days. For urgent matters related to food safety, allergic reactions, or immediate service concerns, we encourage you to contact us by email for the fastest response.