Terms of Service

Please read these Terms of Service carefully before using our website or placing any order with Pequod's Pizza. By accessing or using our website at freshpequods.rest or by placing an order through any of our available channels, you agree to be bound by these Terms of Service. If you do not agree to 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 Pequod's Pizza ("Company," "we," "us," or "our"), governing your access to and use of our website located at freshpequods.rest (the "Site"), as well as all related services, features, content, and functionality offered by us (collectively, the "Services").

By accessing or using our Site, placing an order online or in person, creating an account, subscribing to our communications, or otherwise engaging with our Services in any manner, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or if you are between 13 and 17 years of age, you have obtained verifiable parental or guardian consent;
• You have the legal authority and capacity to enter into this Agreement;
• You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of our Services.

If you are using our Services on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you personally and that entity.

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. We will notify you of any material changes by updating the "Last Updated" date at the top of this page. Your continued use of our Services after any modifications constitutes acceptance of the updated Terms.

2. Description of Services

Pequod's Pizza is a food service business that offers a variety of food and beverage products, including but not limited to artisan pizzas, appetizers, salads, desserts, and non-alcoholic beverages. Our Services include, without limitation:

• Online Ordering: The ability to browse our menu and place food orders through our website at freshpequods.rest for pickup or delivery, where available;
• In-Store Dining: Dine-in experiences at our physical location(s);
• Catering Services: Custom food preparation and delivery for events, gatherings, and corporate functions, subject to separate agreements and availability;
• Promotional Communications: Email newsletters, offers, and promotions distributed to subscribers who have opted in to receive such communications;
• Customer Support: Assistance via phone, email, or in-person with orders, complaints, and general inquiries;
• Loyalty Programs: Rewards, points systems, or special membership programs that may be offered from time to time at our sole discretion.

We reserve the right to modify, suspend, or discontinue any portion of our Services at any time without notice and without liability to you. Menu items, pricing, availability, and hours of operation are subject to change without notice. We make no guarantee that any specific menu item will be available at any given time.

Our website may contain links to third-party websites, platforms, or services (such as third-party delivery applications). These links are provided for your convenience only. We do not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party service. Your use of any third-party service is subject to the terms and conditions of that third party.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality of any account credentials and be responsible for all activities that occur under your account;
• Notify us immediately at [email protected] if you believe your account has been compromised or used without authorization;
• Use our Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances when using our Services;
• Treat our staff, representatives, and other customers with respect and dignity at all times.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Site or Services for any fraudulent, deceptive, or unlawful purpose;
• Impersonate any person or entity or falsely represent your affiliation with any person or entity;
• Attempt to gain unauthorized access to any part of our Site, servers, databases, or networks connected to our Services;
• Introduce any viruses, Trojan horses, worms, malware, or other malicious code that may damage, disable, overburden, or impair our Site or Services;
• Use any automated tools, bots, scrapers, or similar technologies to access, collect, or harvest data from our Site without our prior written consent;
• Interfere with or disrupt the integrity or performance of our Site, Services, or related systems;
• Post, transmit, or otherwise make available any content that is defamatory, obscene, hateful, harassing, threatening, or otherwise objectionable;
• Use our Site or Services to send unsolicited commercial communications (spam);
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of our Site or any software used in connection with our Services;
• Collect or store personal information about other users without their express consent;
• Resell or commercially exploit our Services without our prior written authorization;
• Engage in any conduct that restricts or inhibits any other person from using or enjoying our Services.

We reserve the right, in our sole discretion, to investigate and take appropriate legal action against anyone who violates these prohibited activity provisions, including terminating their access to our Services, reporting to law enforcement authorities, and pursuing all available civil and criminal remedies.

4. Intellectual Property Rights

All content, materials, and elements available on our Site and through our Services, including but not limited to text, graphics, photographs, illustrations, logos, trademarks, trade dress, service marks, audio and video clips, data compilations, and software (collectively, "Content"), are the exclusive property of Pequod's Pizza or our licensors and are protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and other applicable statutes and common law.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Site and Services solely for your personal, non-commercial purposes. This license does not include any right to:

• Reproduce, distribute, publicly display, or create derivative works based on our Content;
• Use our trademarks, logos, or service marks without our prior written permission;
• Remove or alter any proprietary notices, labels, or markings contained in our Content;
• Frame or mirror any portion of our Site on any other website or server.

Any feedback, suggestions, ideas, or other information you provide to us regarding our Services ("Feedback") shall be deemed non-confidential, and we shall have the right to use such Feedback for any purpose without restriction or compensation to you. By submitting Feedback, you grant us a worldwide, royalty-free, irrevocable, perpetual license to use, reproduce, modify, and distribute such Feedback.

If you believe that any Content on our Site infringes your copyright, please notify us in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, by sending a written notice to our designated agent at [email protected] with the information required under the DMCA.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on our Site or menu are in United States Dollars (USD) and are subject to change without notice. Prices displayed do not include applicable sales taxes, delivery fees, service charges, or gratuities unless expressly stated otherwise. All applicable taxes and fees will be disclosed to you before you complete your purchase.

5.2 Payment Methods

We accept payment by major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and other payment methods as may be indicated at checkout from time to time. By providing payment information, you represent and warrant that you are authorized to use the payment method provided and that the information you submit is accurate and complete.

5.3 Authorization and Charges

By placing an order, you authorize us to charge your selected payment method for the total amount of your order, including applicable taxes and fees. We reserve the right to verify your payment information and to decline or cancel any order at our sole discretion, including in cases of suspected fraud or unauthorized use.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally considered final once an order has been prepared. If you experience an issue with your order — such as receiving incorrect items, missing items, or food that does not meet reasonable quality standards — you must notify us within a reasonable time of receiving your order by contacting us at [email protected]. We will review your complaint and, at our sole discretion, offer a replacement, store credit, or refund as appropriate. Refunds, if approved, will be processed to your original payment method within 5 to 10 business days.

5.5 Promotional Codes and Discounts

We may, from time to time, offer promotional codes, coupons, or discounts. Such offers are subject to specific terms and conditions communicated at the time of the offer and may be limited in time, quantity, or scope. Promotional codes and discounts cannot be combined unless expressly stated, and we reserve the right to revoke or modify any promotion at any time without liability.

6. Food Safety, Allergen Information, and Disclaimers

We take food safety seriously and comply with all applicable federal, state, and local food safety regulations, including those administered by the United States Food and Drug Administration (FDA) and applicable state health departments. However, please be aware of the following important information:

Nutritional information provided on our Site, if any, is estimated and provided for informational purposes only. Actual nutritional content may vary based on portion size, preparation method, ingredient substitutions, and other factors. We do not guarantee the accuracy of any nutritional or allergen information provided.

We strongly encourage customers with known food allergies, intolerances, or medical dietary restrictions to contact us directly at [email protected] prior to ordering to discuss your specific needs and confirm whether we can safely accommodate them.

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE, SERVICES, AND ALL CONTENT PROVIDED THEREIN 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, AND NON-INFRINGEMENT;
• WARRANTIES THAT OUR SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON OUR SITE;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the minimum extent permitted by applicable law.

We do not warrant or represent that our Site will be compatible with all hardware and software you may use, and we are not responsible for any damage to your device or data arising from your use of our Site or Services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, IN NO EVENT SHALL PEQUOD'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE OUR SITE OR SERVICES;
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
• DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OUR SERVICES;

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

IN ANY CASE, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. In such states, our liability is limited to the maximum extent permitted by law.

9. Indemnification

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

• Your use of or access to our Site or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any content or information you submit, post, or transmit through our Site or Services;
• Your negligence 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 fully with us in asserting any available defenses. This indemnification obligation will survive the termination or expiration of these Terms and your use of our Services.

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 the applicable state laws of the state in which our primary business operations are conducted, without regard to any conflict of law principles that would require the application of the laws of any other jurisdiction.

Subject to the dispute resolution provisions set forth in Section 11 below, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of our Services shall be instituted exclusively in the federal or state courts of competent jurisdiction located within the applicable state in which Pequod's Pizza maintains its principal place of business. You hereby consent to personal jurisdiction and venue in such courts and waive any objection to the laying of venue in such courts.

Our Services are intended for use within the United States. We make no representation that the content or Services are appropriate or available for use in other countries. If you access our Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

To the extent applicable, you acknowledge that your use of our Services may also be subject to other local, state, national, and international laws and regulations.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services (a "Dispute") informally by contacting us at [email protected]. We will make good faith efforts to resolve the Dispute informally within thirty (30) days of receiving notice of the Dispute. If the Dispute is not resolved within this period, either party may proceed with formal dispute resolution as outlined below.

11.2 Binding Arbitration

IF THE DISPUTE CANNOT BE RESOLVED INFORMALLY, YOU AND PEQUOD'S PIZZA AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OUR SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT AS SET FORTH IN SECTION 11.4 BELOW.

The arbitration shall be conducted pursuant to the rules of the American Arbitration Association (AAA) Commercial Arbitration Rules, as modified by these Terms. The arbitration shall take place in the state where our principal place of business is located, unless the parties agree otherwise. 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 authority to grant any remedy or relief that a court of competent jurisdiction could order or grant, except that the arbitrator may not order any relief that would be inconsistent with these Terms.

11.3 Class Action Waiver

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

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, or to address an imminent and irreparable harm. Nothing in this Section shall prevent either party from filing a small claims court action for individual claims that fall within the jurisdiction of a small claims court.

11.5 Applicable Law for Arbitration

The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement. You agree that the arbitration provisions in these Terms comply with the requirements of the Federal Arbitration Act.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect for as long as you use our Site or Services or maintain an account with us, whichever is longer.

12.2 Termination by You

You may terminate your account or cease using our Services at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations that arose prior to termination, including payment obligations.

12.3 Termination by Us

We reserve the right, at our sole discretion and without prior notice or liability to you, to suspend or terminate your access to our Site and Services for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Suspected fraudulent, abusive, or unlawful activity;
• Extended periods of account inactivity;
• Our decision to discontinue any or all of our Services;
• Any reason we deem necessary to protect the integrity, safety, or security of our Services or other users.

12.4 Effect of Termination

Upon termination of your account or access to our Services, your right to use the Services will 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, and dispute resolution provisions.

13. Changes to Terms

We reserve the right to modify, update, or revise these Terms at any time in our sole discretion. We will provide notice of material changes by:

• Updating the "Last Updated" date at the top of this page;
• Posting a prominent notice on our Site; and/or
• Sending an email notification to registered account holders, where applicable.

It is your responsibility to review these Terms periodically for any changes. Your continued use of our Site or Services after the posting of revised Terms constitutes your acknowledgment of and agreement to be bound by the updated Terms. If you do not agree to the revised Terms, you must immediately discontinue your use of our Services.

Notwithstanding the foregoing, no modification to these Terms shall apply to any Dispute for which an arbitration proceeding has already been initiated under Section 11 of these Terms prior to the date of such modification.

14. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or void under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any particular provision shall not affect or impair the validity, legality, or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.

The parties agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the invalid, illegal, or unenforceable provision, to the greatest extent possible under applicable law.

15. Additional Legal Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on our Site, constitute the entire agreement between you and Pequod's Pizza with respect to your use of our Site and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

15.2 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Pequod's Pizza.

15.3 Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. We may freely assign these Terms, in whole or in part, without restriction or notification to you, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

15.4 Force Majeure

We shall not be liable for any failure or delay in the performance of our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, labor disputes, supply chain disruptions, governmental actions, internet or telecommunications failures, or other events of force majeure.

15.5 Consumer Protection

Nothing in these Terms is intended to, nor shall it, limit or exclude any rights you may have under applicable federal and state consumer protection laws, including protections afforded by the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and applicable state consumer protection statutes. If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), which are addressed in our Privacy Policy.

15.6 Electronic Communications

By using our Site or Services or communicating with us by email, you consent to receive electronic communications from us. 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. Electronic communications shall be deemed received when sent to the email address you provide to us.

15.7 Headings

Section headings in these Terms are included for convenience of reference only and shall not affect the construction or interpretation of these Terms.

16. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or our Services, please do not hesitate to contact us using the information provided below. We are committed to addressing your inquiries promptly and professionally.

For legal notices required under these Terms, please submit your written notice via email to [email protected] with the subject line "Legal Notice — Terms of Service." We recommend that any formal legal notices be sent with a request for read receipt or confirmation of delivery.

For general customer service inquiries, order-related questions, or feedback about your experience, please contact us via email at [email protected] and we will respond within a reasonable timeframe during normal business hours.