Terms of Service

Please read these Terms of Service carefully before using the website located at pequodsfresh.click (the "Website") operated by Pequod's Pizza ("Company," "we," "us," or "our"). These Terms of Service govern your access to and use of our Website and the services we provide.

1. Acceptance of Terms

By accessing, browsing, or using the Website at pequodsfresh.click, placing an order, creating an account, or otherwise interacting with any feature or service offered by Pequod's Pizza, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

If you do not agree with any part of these Terms of Service, you must immediately discontinue your use of this Website and all services provided through it. Your continued use of the Website following any modification to these Terms constitutes your acceptance of those modifications.

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Pequod's Pizza under the laws of the United States of America. You represent and warrant that you are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), that you have obtained verifiable parental or legal guardian consent to use this Website and enter into these Terms.

By placing an order through this Website, you further represent that you have the legal capacity and authority to enter into binding contracts under applicable United States law.

2. Description of Services

Pequod's Pizza operates as a food service business offering customers the ability to browse our menu, place online food orders, schedule pickup or delivery services, and interact with our brand through our digital platforms. Our services include, but are not limited to:

• Online Ordering: Customers may browse our full menu and place orders for food and beverages through the Website, subject to availability and operating hours.
• Delivery Services: We offer delivery to eligible addresses within our designated service areas. Delivery availability, fees, and estimated times may vary.
• Carryout/Pickup Services: Customers may place orders for in-store pickup at participating Pequod's Pizza locations.
• Account Management: Registered users may create personal accounts to manage orders, save preferences, and track order history.
• Promotional Offers: From time to time, we may offer coupons, discount codes, loyalty rewards, or promotional deals accessible through the Website.
• Customer Support: We provide customer service and support through the contact channels listed herein.

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. Menu items, pricing, availability, and service areas are subject to change at our discretion.

All food items are prepared subject to applicable federal, state, and local food safety regulations, including those enforced by the United States Food and Drug Administration (FDA) and applicable state health departments. Caloric and nutritional information, where provided, is approximate and intended for general informational purposes only.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of this Website, you agree to:

• Provide accurate, current, and complete information when registering for an account or placing an order, including your name, delivery address, contact information, and payment details.
• Maintain the confidentiality of your account credentials and notify us immediately at [email protected] if you suspect any unauthorized access to your account.
• Use the Website solely for lawful purposes and in accordance with these Terms of Service.
• Comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your use of the Website and our services.
• Accept full responsibility for all activities conducted under your account.
• Ensure that any order placed accurately reflects your dietary requirements and that you have disclosed any known food allergies or intolerances directly to our staff.

3.2 Prohibited Activities

You agree that you will NOT use this Website or our services to engage in any of the following prohibited activities:

• Violating any applicable local, state, federal, or international law, regulation, or rule, including but not limited to the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45 et seq.
• Engaging in any form of fraudulent activity, including submitting false or misleading order information, using stolen or unauthorized payment methods, or impersonating any person or entity.
• Attempting to gain unauthorized access to any portion of the Website, server, database, or network connected to the Website.
• Using automated scripts, bots, scrapers, crawlers, or other automated means to access, collect data from, or interact with the Website without our express written consent.
• Uploading, transmitting, or distributing any viruses, malware, spyware, ransomware, or any other malicious code designed to disrupt, damage, or gain unauthorized access to computer systems.
• Engaging in any activity that places an unreasonable or disproportionate load on the Website's infrastructure or servers.
• Attempting to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of any proprietary software used in connection with our Website.
• Collecting, harvesting, or compiling personally identifiable information about other users without their explicit consent.
• Using the Website or services to send unsolicited commercial communications (spam) to other users or third parties.
• Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us, our users, or expose us to liability.
• Submitting false, defamatory, offensive, harassing, or abusive content, reviews, or communications through any feature of the Website.
• Circumventing, disabling, or interfering with security-related features of the Website, including features that prevent or restrict use or copying of any content.
• Placing fraudulent, fictitious, or test orders that are not intended to be fulfilled or paid for.

Violation of any of the above prohibited activities may result in immediate termination of your account, cancellation of pending orders, and may subject you to civil or criminal liability under applicable law. We reserve the right to report any illegal activity to law enforcement authorities.

4. Intellectual Property Rights

All content available on or through the Website, including but not limited to text, graphics, logos, photographs, images, menu descriptions, audio and video clips, data compilations, software, and the overall "look and feel" of the Website (collectively, "Content"), is the exclusive property of Pequod's Pizza or its content suppliers and is protected by United States copyright law, trademark law, trade dress law, and other applicable intellectual property laws and international treaties, including the Copyright Act of 1976 (17 U.S.C. § 101 et seq.) and the Lanham Act (15 U.S.C. § 1051 et seq.).

The Pequod's Pizza name, logo, trade names, trademarks, service marks, and trade dress are the exclusive property of Pequod's Pizza. Nothing in these Terms of Service grants you any right, title, or interest in or to any trademarks or service marks owned by or licensed to Pequod's Pizza.

Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial purposes related to ordering food and utilizing our services. This license does not include the right to:

• Reproduce, modify, distribute, or create derivative works based on any Content;
• Publicly display or perform any Content;
• Use any Content for commercial purposes without our prior written consent;
• Remove or alter any copyright, trademark, or other proprietary notices contained in the Content.

Any unauthorized use of the Content may constitute a violation of copyright, trademark, or other intellectual property laws and could result in civil and criminal penalties. If you believe that any Content on the Website infringes your intellectual property rights, please contact us at [email protected].

5. Payment Terms

By placing an order through our Website, you agree to pay all charges associated with your order, including the price of food and beverages, applicable taxes, delivery fees (if applicable), and any service charges or gratuities disclosed at the time of checkout.

All prices are displayed in United States Dollars (USD) and are subject to applicable federal, state, and local sales taxes as required by law.

We accept various forms of electronic payment as indicated on the Website at the time of your transaction. By submitting payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is accurate and complete;
• You will promptly update your payment information to keep it current and accurate;
• You authorize Pequod's Pizza or its designated payment processor to charge your selected payment method for the full amount of your order.

Payment transactions are processed through secure, third-party payment processors that comply with the Payment Card Industry Data Security Standard (PCI-DSS). We do not store full credit or debit card numbers on our systems.

All sales are final once an order has been confirmed and preparation has commenced. Refunds or credits may be issued at our sole discretion in cases where an order is incorrect, missing items, or otherwise deficient due to our error. Refund requests must be submitted to [email protected] within twenty-four (24) hours of the order delivery or pickup.

We reserve the right to cancel or refuse any order at our discretion, including but not limited to cases of suspected fraud, pricing errors, or unavailability of items. In the event of cancellation, any authorized charges will be reversed to your original payment method.

Promotional codes, discounts, and coupons are subject to their individual terms and conditions. Only one promotional offer may be applied per order unless otherwise specified. Promotional offers are non-transferable and have no cash value.

6. Food Allergen and Dietary Information Disclaimer

Pequod's Pizza takes food safety and allergy awareness seriously. However, our kitchen prepares food that may contain or come into contact with common allergens, including but not limited to gluten, wheat, dairy, eggs, nuts, peanuts, soy, fish, and shellfish.

While we endeavor to provide accurate ingredient information on our Website, menu descriptions are provided for general informational purposes only and may not account for all potential cross-contamination risks inherent in a shared kitchen environment. We cannot guarantee that any menu item is completely free from any specific allergen.

Customers with known food allergies, intolerances, or specific dietary requirements are strongly encouraged to contact us directly at [email protected] before placing an order to discuss their specific needs. Pequod's Pizza shall not be liable for any adverse health reactions resulting from the consumption of any food product where the customer failed to adequately disclose their dietary requirements.

7. Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES, CONTENT, PRODUCTS, AND INFORMATION PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

PEQUOD'S PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR QUALITY OF ANY CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE;
• WARRANTIES THAT ORDERS WILL BE FULFILLED WITHIN ANY SPECIFIC TIMEFRAME OR THAT DELIVERY ESTIMATES WILL BE MET.

No oral or written information or advice given by Pequod's Pizza or its representatives shall create any warranty not expressly stated in these Terms of Service. Some jurisdictions do not allow the exclusion of implied warranties; therefore, some of the above exclusions may not apply to you.

8. Limitation of Liability

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

• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR PERSONAL INFORMATION;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE WEBSITE BY THIRD PARTIES;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.

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

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PEQUOD'S PIZZA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

9. Indemnification

You agree to defend, indemnify, and hold harmless Pequod's Pizza, its owners, officers, directors, employees, agents, contractors, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) that arise from or relate to:

• Your use of or access to the Website or services;
• Your violation of any provision of these Terms of Service;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or publicity rights;
• Any content or information you submit, post, or transmit through the Website;
• Your negligence or willful misconduct;
• Any dispute you have with another user of the Website or a third party.

Pequod's Pizza reserves the right, at your expense, to assume exclusive control and defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. 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 giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction.

To the extent that any legal action is permitted under these Terms of Service (and not subject to mandatory arbitration as set forth in Section 11 below), you agree to submit to the personal jurisdiction of the applicable federal or state courts located within the United States for the purpose of litigating any such disputes.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service. The Website is intended for use by persons located within the United States. We make no representation that the Website or services are appropriate or available for use in other locations. Access to the Website from territories where its contents may be illegal or restricted is prohibited.

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

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Pequod's Pizza directly at [email protected] and attempt to resolve any dispute, claim, or controversy informally. The parties shall use good faith efforts to resolve the dispute within thirty (30) days of the initial notice. If the dispute cannot be resolved informally within this period, either party may proceed to arbitration as described below.

11.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT AND CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, YOUR USE OF THE WEBSITE, OR YOUR RELATIONSHIP WITH PEQUOD'S PIZZA SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION RATHER THAN IN COURT.

Arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA), as modified by this Section, and shall take place in the United States. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable. The arbitrator's decision shall be final and binding.

11.3 Class Action Waiver

YOU AND PEQUOD'S PIZZA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

11.4 Waiver of Jury Trial

BY AGREEING TO THESE TERMS OF SERVICE, YOU AND PEQUOD'S PIZZA EACH WAIVE THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM THAT IS NOT SUBJECT TO ARBITRATION UNDER THESE TERMS.

11.5 Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court in the county where you reside, provided the claim qualifies for small claims court jurisdiction under applicable law.

12. Third-Party Links and Services

The Website may contain links to third-party websites, platforms, or services that are not owned or controlled by Pequod's Pizza, including but not limited to payment processors, social media platforms, and delivery service partners. These links are provided solely for your convenience and informational purposes.

Pequod's Pizza has no control over, and assumes no responsibility for, the content, privacy policies, practices, or terms of service of any third-party websites or services. The inclusion of any link does not imply endorsement, sponsorship, or approval by Pequod's Pizza of the linked website or its operators.

We strongly encourage you to review the terms of service and privacy policies of any third-party websites you visit. You acknowledge and agree that Pequod's Pizza shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party website.

13. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms of Service by this reference. Our Privacy Policy describes how we collect, use, disclose, and protect information about you when you use our Website and services. To the extent that you are a resident of California, your rights and our obligations regarding your personal information may also be governed by the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA).

Please review our Privacy Policy carefully, as it forms an important part of your agreement with us. By using our Website and services, you consent to the practices described in our Privacy Policy.

14. Term and Termination

These Terms of Service are effective as of the date you first access or use the Website and shall remain in full force and effect for so long as you continue to use the Website or maintain an account with us, unless terminated earlier in accordance with this Section.

You may terminate your account and your relationship with Pequod's Pizza at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Website and services will immediately cease.

Pequod's Pizza reserves the right to suspend or terminate your access to the Website and services at any time, with or without cause, and with or without notice, including but not limited to circumstances where:

• You have violated any provision of these Terms of Service;
• We suspect fraudulent, abusive, or illegal activity associated with your account;
• We are required to do so by applicable law or regulatory authority;
• We decide to discontinue the Website or services, in whole or in part.

Upon termination for any reason, the following provisions shall survive and remain in full force and effect: Sections 4 (Intellectual Property Rights), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 10 (Governing Law and Jurisdiction), 11 (Dispute Resolution and Arbitration), 15 (Severability), and any other provisions that by their nature should survive termination.

15. Changes to These Terms of Service

Pequod's Pizza reserves the right to modify, update, amend, 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, provide notice through the Website or via email to the address associated with your account.

Your continued use of the Website or services following the posting of revised Terms of Service constitutes your acceptance of the changes. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must immediately stop using the Website and, if applicable, close your account.

Changes to these Terms of Service will not apply retroactively to disputes that arose before the effective date of the modification, except as required by applicable law.

16. Electronic Communications

By using our Website and services, you consent to receive electronic communications from Pequod's Pizza, including notices, agreements, disclosures, and other information. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or through the Website, satisfy any legal requirement that such communications be in writing.

If you wish to opt out of promotional email communications from us, you may do so by clicking the "unsubscribe" link in any promotional email or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, we may still send you transactional communications related to your orders and account.

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or contrary to applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the affected provision shall be severed from these Terms of Service without affecting the validity or enforceability of the remaining provisions.

The invalidity or unenforceability of any one provision shall not affect the validity or enforceability of any other provision of these Terms of Service, all of which shall remain in full force and effect. The parties agree that any such invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the intent and economic effect of the original provision.

18. Entire Agreement and Waiver

These Terms of Service, together with the Privacy Policy and any other agreements or policies expressly incorporated by reference herein, constitute the entire agreement between you and Pequod's Pizza with respect to your use of the Website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter hereof.

No waiver by Pequod's Pizza of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Pequod's Pizza to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. A waiver shall only be effective if made in writing and signed by an authorized representative of Pequod's Pizza.

19. Force Majeure

Pequod's Pizza shall not be liable for any failure or delay in performance of its obligations under these Terms of Service arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or regulations, labor disputes, power outages, telecommunications failures, supply chain disruptions, civil unrest, or any other event that makes performance commercially impracticable, illegal, or impossible.

20. Contact Information

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

We will make every reasonable effort to respond to your inquiry within five (5) business days of receipt. For urgent matters related to food safety or active orders, please use the contact information above for the fastest response.