Terms of Service

Please read these Terms of Service carefully before using the website located at pequodscafe.rest or any services offered by Pequod's Pizza. 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 to these terms, please discontinue use of our website and services immediately.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Pequod's Pizza ("Company," "we," "us," or "our"), governing your access to and use of the website pequodscafe.rest, including all content, functionality, and services offered on or through the website (collectively, the "Services").

By visiting our website, creating an account, placing an order for food or beverages, subscribing to any promotional communications, or otherwise interacting with us digitally or in person, you confirm that:

• You are at least 18 years of age, or if you are between the ages of 13 and 17, you have obtained verifiable parental or guardian consent;
• You have the legal capacity and authority to enter into a binding agreement;
• Your use of our Services does not violate any applicable federal, state, or local laws or regulations;
• All information you provide to us is accurate, current, and complete.

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

2. Description of Services

Pequod's Pizza is a food service establishment dedicated to providing high-quality pizza, appetizers, beverages, and related food products to customers in the United States. Our Services encompass, but are not limited to, the following:

2.1 Online Ordering

Our website allows customers to browse our menu, customize their orders, and submit food orders for delivery or carryout pickup. Online orders are subject to availability, operating hours, and delivery area restrictions. We reserve the right to accept or reject any order at our sole discretion.

2.2 In-Restaurant Dining

We offer dine-in experiences at our physical locations. Reservations, when available, may be made through our website or by phone. Walk-in customers are welcome subject to availability.

2.3 Catering Services

Pequod's Pizza offers catering services for events, corporate functions, and private gatherings. Catering orders must be placed in advance and are subject to a separate catering agreement and minimum order requirements.

2.4 Gift Cards and Loyalty Programs

We may offer gift cards, promotional coupons, and loyalty reward programs. These are subject to their own terms and conditions, which will be provided at the time of issuance or enrollment.

2.5 Digital Communications

With your consent, we may send promotional emails, SMS messages, and push notifications regarding special offers, new menu items, and other information relevant to your use of our Services.

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

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of our Services, you agree to:

• Provide accurate, truthful, and complete information when creating an account, placing orders, or contacting us;
• Keep your account credentials confidential and notify us immediately of any unauthorized access;
• Comply with all applicable federal, state, and local laws and regulations;
• Respect the rights and dignity of our employees, other customers, and third-party service providers;
• Use the website and Services only for lawful personal or commercial purposes;
• Promptly pay for all orders and services rendered;
• Not engage in any behavior that could harm the reputation, business, or operations of Pequod's Pizza.

3.2 Prohibited Activities

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

• Fraudulent Orders: Placing orders with no intention of paying, using stolen payment methods, or submitting false delivery information;
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or other users' accounts through hacking, password mining, or any other means;
• Data Scraping: Using automated bots, crawlers, scrapers, or similar tools to extract data from our website without prior written permission;
• Malware Distribution: Uploading or transmitting viruses, Trojan horses, ransomware, spyware, or any other malicious code that could damage our systems or those of other users;
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works based on our proprietary content without authorization;
• Defamation and Harassment: Posting false, defamatory, or harassing content about Pequod's Pizza, its employees, or other customers;
• Impersonation: Misrepresenting your identity or affiliation with any person or entity, including impersonating Pequod's Pizza personnel;
• Illegal Activities: Using our Services to facilitate any activity that violates federal, state, or local law, including the FTC Act, applicable consumer protection statutes, or food safety regulations;
• Interference with Services: Taking any action that imposes an unreasonable or disproportionate load on our infrastructure or interferes with the proper functioning of our website;
• Resale Without Authorization: Reselling, sublicensing, or commercially exploiting our Services without express written consent from Pequod's Pizza.

Violation of these prohibited activities may result in immediate termination of your account, cancellation of pending orders, reporting to law enforcement authorities, and civil or criminal liability.

4. Intellectual Property Rights

4.1 Ownership

All content on the website pequodscafe.rest, including but not limited to text, graphics, logos, icons, photographs, audio clips, video clips, data compilations, software, and the overall design and layout of the website (collectively, "Content"), is the exclusive property of Pequod's Pizza or its content suppliers and is protected by United States and international intellectual property laws, including copyright law (17 U.S.C. § 101 et seq.), trademark law (15 U.S.C. § 1051 et seq.), and trade secret law.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and Content solely for your personal, non-commercial purposes in connection with our Services. This license does not include the right to:

• Download or copy any Content except as expressly permitted by these Terms;
• Modify, adapt, translate, or create derivative works from the Content;
• Commercially exploit the Content in any manner;
• Remove or alter any copyright, trademark, or other proprietary notices.

4.3 Trademarks

The name "Pequod's Pizza," associated logos, slogans, and branding elements are trademarks of Pequod's Pizza. You may not use any of our trademarks without prior written permission. Unauthorized use of our trademarks may constitute trademark infringement and unfair competition under applicable law.

4.4 User-Submitted Content

If you submit reviews, comments, photographs, or other content to us (via our website, social media, or other channels), you grant Pequod's Pizza a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, translate, distribute, and display such content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that such content does not infringe any third-party intellectual property rights.

5. Payment Terms

5.1 Pricing

All prices listed on our menu and website are in United States Dollars (USD) and are subject to change without prior notice. Applicable sales taxes will be added to your order total in accordance with applicable state and local tax laws. Prices do not include delivery fees, tips, or other applicable charges unless expressly stated.

5.2 Payment Methods

We accept major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and other payment methods as displayed during the checkout process. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the total order amount, including applicable taxes and fees, to that payment method.

5.3 Order Confirmation

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to limit or cancel quantities ordered per person, per household, or per order. If we make a change or cancel an order, we will attempt to notify you using the contact information provided at the time of the order.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. However, if you receive an incorrect, damaged, or unsatisfactory order, please contact us within a reasonable time at [email protected] so that we may evaluate the issue and provide an appropriate remedy, which may include a replacement, credit, or partial refund at our sole discretion.

5.5 Catering Deposits

Catering orders may require a non-refundable deposit at the time of booking. Cancellation policies for catering orders will be outlined in the applicable catering agreement. If no separate agreement exists, cancellations made fewer than 48 hours before the scheduled event date may result in forfeiture of the full deposit.

5.6 Chargebacks

If you initiate a chargeback or payment dispute without first contacting us to resolve the issue in good faith, we reserve the right to suspend your account and pursue recovery of the disputed amount through all available legal remedies.

6. Disclaimers and "As-Is" Basis

6.1 General Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES PROVIDED BY PEQUOD'S PIZZA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT 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, TITLE, AND NON-INFRINGEMENT.

6.2 Website Availability

We do not warrant that the website will be available at all times, uninterrupted, error-free, or free of viruses or other harmful components. We reserve the right to restrict access to the website or any portion thereof at any time for any reason.

6.3 Food Allergen Disclaimer

Our food products are prepared in a kitchen environment that handles common allergens including, but not limited to, wheat, gluten, dairy, eggs, peanuts, tree nuts, soy, fish, and shellfish. While we take reasonable precautions, we cannot guarantee that cross-contamination will not occur. Customers with known food allergies or dietary restrictions should consult with our staff before placing an order. Pequod's Pizza shall not be liable for allergic reactions or other health issues arising from consumption of our food products.

6.4 Nutritional Information

Nutritional information, where provided, is based on standard recipes and standard serving sizes. Actual nutritional content may vary based on product variations, preparation methods, ingredient substitutions, and portion sizes. This information is provided for general guidance only and should not be relied upon for medical or dietary decision-making.

6.5 Third-Party Services

Our website may contain links to or integrations with third-party websites, delivery platforms, or service providers. We do not endorse and are not responsible for the content, privacy practices, or terms of service of any third-party platforms. Use of third-party services is at your own risk and subject to those parties' terms and conditions.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE LAWS OF THE STATE IN WHICH PEQUOD'S PIZZA IS INCORPORATED OR PRIMARILY OPERATES:

• IN NO EVENT SHALL PEQUOD'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR SERVICES, WEBSITE, OR FOOD PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
• OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PEQUOD'S PIZZA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER;
• THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Pequod's Pizza and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of or access to our website or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any content or information you submit to us;
• Any fraudulent, false, or misleading information you provide;
• Any dispute between you and a third party arising from your use of our Services.

We reserve the right, at your expense, to assume exclusive defense and control 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.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Pequod's Pizza is registered and primarily operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding relating to your access to or use of our website or Services shall be instituted exclusively in the federal or state courts of competent jurisdiction located in the applicable state. You hereby consent to personal jurisdiction in such courts and waive any objection to the laying of venue of such action in such courts.

The Federal Trade Commission Act (15 U.S.C. § 45 et seq.) and applicable state consumer protection statutes may apply to certain aspects of our Services. These Terms shall not limit any rights you may have under applicable federal or state consumer protection laws.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Pequod's Pizza at [email protected] and attempt to resolve the dispute informally. We will use good-faith efforts to resolve the dispute within thirty (30) calendar days of receiving your written notice describing the nature of the dispute and the relief sought.

10.2 Binding Arbitration

If the parties are unable to resolve the dispute informally within the time period specified above, either party may elect to have the dispute finally and exclusively resolved by binding arbitration. The arbitration shall be administered by a recognized arbitration organization (such as JAMS or the American Arbitration Association) in accordance with its applicable rules. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate as a plaintiff or class member in any purported class action, collective action, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable, then the arbitration provision shall be null and void with respect to that claim.

10.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. Claims related to intellectual property infringement, misappropriation of trade secrets, or violation of computer fraud laws may also be brought in a court of competent jurisdiction.

10.5 Small Claims Court

Either party may bring an individual claim in small claims court in the appropriate jurisdiction, provided the claim qualifies for and remains in such court.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you continue to access or use our website or Services, or maintain an account with us.

11.2 Termination by You

You may terminate your account or discontinue use of our Services at any time by contacting us at [email protected] or by following account closure procedures on the website where available. Termination of your account does not relieve you of any obligations incurred prior to termination, including outstanding payment obligations.

11.3 Termination by Pequod's Pizza

We reserve the right, at our sole discretion, to suspend or terminate your account and access to our Services at any time, with or without cause or notice, including but not limited to:

• Violation of any provision of these Terms;
• Engaging in fraudulent, abusive, or illegal activities;
• Non-payment or chargeback of orders;
• Behavior that is disruptive, threatening, or harmful to our employees, customers, or operations;
• Any other reason we deem appropriate in our sole discretion.

11.4 Effect of Termination

Upon termination, your right to access and use our Services shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, dispute resolution provisions, and governing law.

12. Changes to Terms

Pequod's Pizza reserves the right to modify, update, 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;
• Post a notice on our website;
• Send an email notification to registered users where required by applicable law.

Your continued use of our website or Services after any modification to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue your use of our Services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be posted at pequodscafe.rest.

13. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable under applicable law, 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 relevant provision shall be deemed deleted. Any modification or deletion of a provision under this section shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

The parties intend that these Terms shall be enforced to the fullest extent permitted by applicable law, and the invalidity or unenforceability of any provision shall not affect the overall intent of the parties as reflected in the remaining provisions.

14. Additional Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on the website, 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 communications, understandings, and agreements, whether written or oral, relating to such subject matter.

14.2 No Waiver

Our failure to enforce any right or provision of these Terms shall not be construed as a waiver of such right or provision. No waiver of any term shall be effective unless in writing and signed by an authorized representative of Pequod's Pizza. Any waiver shall apply only to the specific instance and shall not operate as a continuing waiver.

14.3 Force Majeure

Pequod's Pizza shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions or orders, labor disputes, supply chain disruptions, cyberattacks, power failures, or other similar events ("Force Majeure Events"). We will use commercially reasonable efforts to mitigate the impact of any Force Majeure Event and will notify you as soon as reasonably practicable.

14.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

14.5 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and Pequod's Pizza.

14.6 Electronic Communications

By using our Services, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

14.7 Accessibility

Pequod's Pizza is committed to making our website accessible to individuals with disabilities. If you experience difficulty accessing any portion of our website or Services, please contact us at the information provided below so that we may assist you and work to improve accessibility.

15. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service or our Services, please contact us using the information below. We are committed to addressing your inquiries in a timely and professional manner.