Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at pizzas-pizzana.rest (the "Site") or any products and services offered by Pizzana ("Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between you and Pizzana governing your access to and use of our website, online ordering platform, and related food services.

1. Acceptance of Terms

By accessing, browsing, or using the Site, placing an order, creating an account, or otherwise engaging with any service offered by Pizzana, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately cease all use of the Site and our services.

Your continued use of the Site following the posting of any updates or modifications to these Terms shall constitute your binding acceptance of such changes. These Terms apply to all visitors, users, customers, and others who access or use the Site ("Users").

If you are using the Site on behalf of a business entity, organization, or other legal person, you represent and warrant that you have full authority to bind that entity to these Terms, and that by accepting these Terms, you are doing so on behalf of that entity.

You must be at least eighteen (18) years of age to use the Site and place orders. By using our services, you represent and warrant that you meet this age requirement. We reserve the right to deny service to any person who does not meet these eligibility requirements.

2. Description of Services

Pizzana is a food service establishment operating in the United States that offers the sale of pizzas, pasta, salads, beverages, desserts, and other food and beverage items ("Products"). Our services include, but are not limited to, the following:

• Online Ordering: Users may browse our menu, customize orders, and place orders for pickup or delivery through our website at pizzas-pizzana.rest.
• In-Store Dining: We offer dine-in experiences at our physical location(s) in the United States.
• Takeout and Curbside Pickup: Customers may place orders in advance for convenient pickup.
• Delivery Services: We may offer delivery of food items either directly or through third-party delivery platforms and partners, subject to geographic availability.
• Catering Services: Pizzana may offer catering services for events, gatherings, and corporate functions, subject to separate arrangements and agreements.
• Promotions and Loyalty Programs: We may offer special promotions, discounts, coupons, and loyalty rewards to our customers, subject to specific terms and conditions as communicated at the time of each promotion.
• Customer Account Portal: Registered users may manage their profiles, review order history, save payment methods, and access loyalty rewards through a secure online portal.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice or liability. We do not guarantee the continuous availability of any particular menu item, promotional offer, or service feature.

The availability of delivery, pickup, and dine-in services may vary based on location, time of day, applicable laws, and operational capacity. Certain services may only be available to users located within specific geographic areas.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with our services.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security and confidentiality of your account credentials, including your username and password.
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.
• Use the Site and services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site.
• Pay all charges incurred in connection with your orders, including applicable taxes and delivery fees, using a valid payment method.

3.2 Prohibited Activities

You agree not to engage in, and agree not to encourage or facilitate others to engage in, any of the following prohibited activities in connection with your use of the Site and our services:

• Using the Site for any fraudulent, deceptive, or unlawful purpose, including placing false or fraudulent orders.
• Attempting to gain unauthorized access to our systems, servers, databases, or other computer systems or networks.
• Introducing viruses, malware, ransomware, worms, Trojan horses, or any other malicious or harmful code into our systems.
• Engaging in any form of automated data collection, including scraping, crawling, or data mining, without our prior written consent.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity.
• Transmitting any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of unauthorized solicitation.
• Interfering with or disrupting the integrity, performance, or operation of the Site or servers connected to the Site.
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Site or any software associated therewith.
• Using the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with other users' access to the Site.
• Collecting or harvesting any personally identifiable information from the Site without express written authorization.
• Engaging in conduct that is defamatory, abusive, threatening, harassing, or otherwise objectionable toward Pizzana, its employees, or other users.
• Circumventing any technological protection measures or security features of the Site.
• Reselling or attempting to resell products purchased from Pizzana for commercial purposes without our express written consent.
• Violating any applicable laws, including those related to consumer protection, food safety, privacy, or intellectual property.

We reserve the right, at our sole discretion, to investigate and take appropriate legal action against anyone who engages in prohibited activities, including terminating accounts, refusing service, and reporting violators to appropriate law enforcement authorities.

4. Intellectual Property Rights

The Site and all of its contents, features, and functionality — including but not limited to text, graphics, images, photographs, logos, trademarks, service marks, trade names, menu designs, user interface elements, software, source code, audio, video, and the selection and arrangement thereof — are the exclusive property of Pizzana or its licensors and are protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state laws.

These Terms do not grant you any right, title, or interest in or to any intellectual property owned or licensed by Pizzana. You may not use, copy, reproduce, modify, distribute, transmit, broadcast, publicly display, publicly perform, create derivative works of, reverse engineer, or otherwise exploit any content from the Site without our prior express written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial use in connection with placing orders and using our services as intended. This license does not include the right to: (a) resell or commercially exploit the Site or its contents; (b) make any derivative use of the Site or its contents; (c) download or copy any account information for the benefit of another; or (d) use any data mining, robots, or similar data gathering tools.

The Pizzana name, logo, and all related product and service names, designs, and slogans are trademarks of Pizzana or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

If you believe that any content on our Site violates your intellectual property rights, please contact us at [email protected] with a description of the alleged infringement and relevant details. We will investigate and take appropriate action in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Ordering, Payment Terms, and Pricing

5.1 Order Placement

All orders placed through the Site are subject to acceptance by Pizzana. We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product unavailability, errors in pricing or product descriptions, suspected fraud, or technical issues. If we cancel your order after payment has been processed, we will issue a full refund to your original payment method.

By placing an order, you represent that all information you have provided is accurate and complete, including your delivery address, contact information, and payment details. You agree to pay all charges associated with your order at the prices in effect at the time of purchase, including all applicable taxes, delivery fees, and service charges.

5.2 Pricing and Taxes

All prices are displayed in United States Dollars (USD) and are subject to change without notice. We strive to maintain accurate pricing on the Site; however, errors may occur. If we discover a pricing error after you have placed an order, we will contact you to inform you of the error and give you the option to cancel your order or proceed at the corrected price.

You are responsible for paying all applicable federal, state, and local sales taxes, use taxes, and other taxes or fees imposed on transactions made through the Site. Tax amounts will be calculated and displayed at checkout based on your order total and applicable tax rates for your location.

5.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on the Site at the time of checkout. By submitting a payment, you authorize Pizzana and its payment processors to charge your selected payment method for the total amount of your order. All payment transactions are processed through secure, PCI-DSS compliant third-party payment processors. Pizzana does not store your full credit card information on its own servers.

5.4 Refunds and Cancellations

Once an order has been confirmed and preparation has commenced, it may not be eligible for cancellation or refund. If you experience an issue with your order — such as incorrect items, missing items, or quality concerns — please contact us at [email protected] within a reasonable time of receiving your order. We will review your complaint and, at our sole discretion, offer a replacement, store credit, or refund as appropriate. All refund decisions are final and made at our sole discretion.

6. Food Safety, Allergen Information, and Nutritional Disclaimers

Pizzana takes food safety seriously and operates in compliance with applicable federal, state, and local food safety regulations, including standards set by the U.S. Food and Drug Administration (FDA) and applicable state health departments.

Menu items may contain or come into contact with common allergens, including but not limited to wheat, gluten, dairy, eggs, nuts, shellfish, soy, and other allergens. While we make reasonable efforts to accommodate dietary restrictions and allergen sensitivities upon request, we cannot guarantee that any menu item is completely free from allergens due to the nature of our food preparation environment.

If you have a severe food allergy or dietary restriction, we strongly recommend that you contact us directly at [email protected] before placing your order to discuss your specific needs. Pizzana shall not be liable for any allergic reactions or adverse health events arising from consumption of our products when accurate allergen information was requested and provided, or when a customer failed to disclose relevant dietary restrictions.

Caloric and nutritional information displayed on the Site is provided for informational purposes only and may vary based on preparation methods, portion sizes, and ingredient variations. Such information should not be relied upon as medical or dietary advice.

7. Third-Party Services and Links

The Site may contain links to third-party websites, applications, or services (including third-party delivery platforms) that are not owned or controlled by Pizzana. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services.

We may use third-party service providers to assist with payment processing, order management, delivery logistics, marketing, analytics, and other operational functions. Your use of third-party services may be subject to those parties' separate terms of service and privacy policies.

Your interactions with third-party delivery partners, payment processors, or other third-party services are solely between you and the applicable third party. Pizzana makes no representations or warranties regarding the quality, accuracy, or reliability of any third-party services. We encourage you to review the terms and privacy policies of any third-party services you use in connection with our offerings.

8. Disclaimers — "As-Is" Basis

THE SITE AND ALL CONTENT, SERVICES, PRODUCTS, AND FEATURES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE 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, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

Without limiting the foregoing, Pizzana does not warrant that: (a) the Site will be available, uninterrupted, timely, secure, or error-free; (b) any errors or defects on the Site will be corrected; (c) the Site is free of viruses or other harmful components; (d) the results obtained from the use of the Site will be accurate or reliable; or (e) information provided on the Site, including menu items, prices, and nutritional information, is always complete, current, or accurate.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, the applicable implied warranties are limited to the shortest duration permitted by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL PIZZANA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

The limitations and exclusions in this section apply regardless of the form of action, whether based in contract, tort (including negligence), strict liability, or any other legal or equitable theory, and shall survive and apply even if any limited remedy is found to have failed of its essential purpose.

Some states, including New Jersey and Massachusetts, do not allow the exclusion or limitation of incidental or consequential damages in certain circumstances. If you are a resident of such a state, some or all of the above limitations may not apply to you, and you may have additional legal rights.

10. Indemnification

You agree to defend, indemnify, and hold harmless Pizzana and its officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns 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 of Service;
• Your use of or access to the Site or our services;
• Any content you submit, post, or transmit through the Site;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any fraudulent or illegal activity in connection with your account or orders;
• Any misrepresentation made by you in connection with your use of our services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any matter subject to indemnification without our prior written consent.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the state laws of the state in which Pizzana is registered and primarily operates, without regard to its conflict of law principles.

To the extent that any dispute is not subject to arbitration as set forth in Section 12 below, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the applicable jurisdiction in the United States where Pizzana is domiciled. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Our services are intended for users located within the United States. We make no representation that the Site or its content is appropriate or available for use in locations outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

These Terms are subject to applicable federal law, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which prohibits unfair or deceptive acts or practices in or affecting commerce, and other applicable federal consumer protection statutes.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Pizzana at [email protected] and provide a written description of your complaint or dispute, the relief you are seeking, and your contact information. The parties agree to use good faith efforts to resolve the dispute informally for a period of at least thirty (30) days following receipt of such notice before resorting to formal dispute resolution procedures.

12.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Site or services, shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, except that the arbitrator may not award declaratory or injunctive relief benefiting anyone other than the parties to the arbitration. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which any award is based.

12.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PIZZANA 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 agree to waive any right to participate in a class action lawsuit or class-wide arbitration. If this class action waiver is found to be unenforceable for any reason, then the entire arbitration provision shall be null and void, and any claims shall be resolved in a court of competent jurisdiction.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened misappropriation of intellectual property or breach of confidentiality obligations. Small claims court actions, where eligible, are also exempt from the arbitration requirement.

13. Term and Termination

These Terms shall remain in full force and effect for as long as you continue to access or use the Site or our services. We reserve the right, at our sole discretion, to terminate or suspend your access to the Site and services at any time and for any reason, including but not limited to your violation of these Terms, suspicious or fraudulent activity, or our decision to discontinue all or any part of our services.

Upon termination: (a) your license to use the Site shall immediately cease; (b) you must immediately stop using the Site and services; (c) any outstanding payment obligations you have incurred shall remain due and payable; and (d) all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination.

14. Changes to Terms

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on the Site with a revised "Last Updated" date at the top of this page. In some cases, we may also provide additional notice, such as by sending an email to the address associated with your account or by posting a prominent notice on the Site's homepage.

Your continued use of the Site or our services after the posting of any changes to these Terms constitutes your binding acceptance of such changes. We encourage you to review these Terms periodically to stay informed about your rights and obligations. If you do not agree to the modified Terms, you must immediately stop using the Site and our services.

We may also make changes to the Site, the menu, pricing, and our services at any time without notice. Such changes shall be governed by the most current version of these Terms at the time of your use of the Site.

15. Severability

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

No waiver by Pizzana of any term or condition set forth in these Terms 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 Pizzana to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements, policies, or guidelines posted on the Site or otherwise agreed to by the parties, constitute the entire agreement between you and Pizzana with respect to your use of the Site and our services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.

These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship between you and Pizzana. Neither party has the authority to bind the other or incur any obligation on the other's behalf.

The section headings used in these Terms are for convenience only and shall not affect the interpretation of any provision. The word "including" or "includes" means "including without limitation."

17. Force Majeure

Pizzana shall not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, civil unrest, labor disputes, supply chain disruptions, power outages, internet outages, or other events of force majeure. In such circumstances, our obligations shall be suspended for the duration of the force majeure event, and we will make reasonable efforts to resume normal operations as soon as practicable.

18. Privacy and Data Protection

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal information. Our Privacy Policy is incorporated into these Terms by reference. By using the Site, you consent to the collection and use of your personal information as described in our Privacy Policy.

If you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to request deletion of personal information, the right to opt out of the sale or sharing of personal information, and the right to non-discrimination for exercising your privacy rights. Please refer to our Privacy Policy for more information about your rights and how to exercise them.

19. Electronic Communications

By using the Site and placing orders, you agree that we may communicate with you electronically, including by email, text message, or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You retain the right to withdraw consent to electronic communications by contacting us at [email protected], subject to any applicable legal requirements.

20. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, your rights, or our services, please contact us using the information below. We are committed to addressing your inquiries promptly and in good faith.