Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at pizzainn-new.rest (the "Website") or any services offered by Pizza Inn ("Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between you and Pizza Inn governing your access to and use of our Website and services.

1. Acceptance of Terms

By accessing or using the Website at pizzainn-new.rest, placing an order, creating an account, or otherwise engaging with any of our services, you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms in their entirety, you must immediately discontinue use of our Website and services. Your continued use of the Website following any modifications to these Terms constitutes your acceptance of the revised Terms.

You represent and warrant that you are at least eighteen (18) years of age and possess the legal authority to enter into this Agreement on behalf of yourself or the entity you represent. If you are accessing or using the Website on behalf of a business or organization, you represent that you have the authority to bind such entity to these Terms.

These Terms are governed by and construed in accordance with the laws of the United States and applicable state laws. Users located in California are further protected by California-specific consumer protection statutes, including but not limited to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as well as the Federal Trade Commission Act (FTC Act) at the federal level.

2. Description of Services

Pizza Inn is a food service establishment offering a range of culinary products including, but not limited to, pizzas, appetizers, beverages, desserts, and related food and beverage items. Our services encompass the following:

• Online Ordering: Customers may browse our menu and place food orders through our Website for delivery, carryout, or dine-in reservations where available.
• Menu Information: We provide detailed information regarding our food offerings, ingredients, allergens, nutritional content, and pricing through our Website.
• Account Management: Users may create and manage personal accounts to facilitate faster ordering, save preferences, track orders, and receive promotional communications.
• Promotions and Loyalty Programs: We may offer promotional discounts, coupon codes, loyalty reward programs, and special offers to eligible customers from time to time.
• Customer Support: We provide customer support services through email, telephone, and other communication channels to assist users with inquiries, complaints, and order-related concerns.
• Catering Services: We may offer catering packages for events and group orders, subject to availability and separate agreements.

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

Availability of certain menu items, services, and features may vary by location and are subject to change. All food items are subject to availability, and we reserve the right to substitute or discontinue items without prior notice.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access or suspected breach of your account.
• Ensure that any information you provide does not violate the rights of any third party, including intellectual property rights and privacy rights.
• Comply with all applicable local, state, federal, and international laws and regulations in connection with your use of our Website and services.
• Use the Website only for lawful purposes and in a manner consistent with these Terms.
• Promptly update your account information to keep it accurate and current.
• Accept responsibility for all activities that occur under your account.

3.2 Prohibited Activities

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

• Fraudulent Conduct: Submitting false, misleading, or fraudulent orders, payment information, or personal details; impersonating any person or entity; or misrepresenting your affiliation with any individual or organization.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to our services through hacking, password mining, or any other illegitimate means.
• Malicious Software: Uploading, transmitting, or distributing any viruses, malware, spyware, ransomware, Trojan horses, or any other malicious code that may damage or interfere with the Website or our services.
• Data Scraping: Using automated tools, bots, spiders, or scrapers to collect, harvest, or extract data from our Website without our express written permission.
• Interference: Interfering with or disrupting the integrity or performance of the Website, servers, or networks connected to our services.
• Reverse Engineering: Attempting to decompile, reverse engineer, disassemble, or otherwise derive the source code or underlying structure of the Website or any software used in connection with our services.
• Spam and Unsolicited Communications: Using our Website to send unsolicited commercial communications, spam, chain letters, or other unauthorized communications to third parties.
• Abusive Conduct: Engaging in any conduct that is harassing, threatening, abusive, defamatory, discriminatory, or otherwise harmful toward other users, our employees, or any third parties.
• Resale: Reselling, redistributing, or commercially exploiting any aspect of our services without our prior written authorization.
• Violation of Laws: Using our services in any manner that violates applicable federal, state, or local laws, including but not limited to consumer protection laws, food safety regulations, and privacy laws.
• Order Abuse: Placing multiple fraudulent orders, repeatedly canceling orders, or abusing promotional offers or loyalty program benefits in bad faith.

Violation of any of the above prohibitions may result in immediate termination of your account and access to our services, and may subject you to civil and criminal liability under applicable law.

4. Intellectual Property Rights

All content available on or through the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade names, and the overall "look and feel" of the Website (collectively, "Intellectual Property"), is the exclusive property of Pizza Inn or its licensors and is protected by United States and international intellectual property laws, including the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), the Lanham Act, and applicable state laws.

Nothing in these Terms shall be construed as transferring or assigning any ownership rights in any Intellectual Property to you. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal, non-commercial purposes in accordance with these Terms.

You may not:

• Reproduce, duplicate, copy, sell, or exploit any portion of the Website without our express written permission.
• Use our trademarks, logos, or trade names in any manner that is likely to cause confusion among consumers or that disparages or discredits Pizza Inn.
• Create derivative works based on any content from our Website without prior written authorization.
• Frame or mirror any content from the Website on any other server or wireless or internet-based device without our consent.
• Remove or alter any copyright, trademark, or other proprietary notices from content obtained from the Website.

If you believe that your intellectual property rights have been infringed upon through our Website, please contact us immediately at [email protected] with a detailed description of the alleged infringement. We respect the intellectual property rights of others and will respond to valid notices of claimed infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

5.1 Pricing and Payment

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, delivery fees, service charges, or gratuities unless expressly stated otherwise.

By placing an order, you authorize Pizza Inn and/or its authorized payment processors to charge the payment method you provide for the total amount of your order, including any applicable taxes and fees. You represent and warrant that you are authorized to use the payment method provided.

5.2 Accepted Payment Methods

We accept various payment methods as displayed on our Website at the time of checkout. Accepted methods may include major credit cards, debit cards, digital wallets, and other payment solutions as made available from time to time.

5.3 Order Confirmation

An order placed through our Website constitutes an offer to purchase the selected items. We reserve the right to accept or decline any order at our sole discretion. Your order is confirmed only upon our issuance of an order confirmation via email or through the Website.

5.4 Refunds and Cancellations

Refund and cancellation requests are handled on a case-by-case basis in accordance with our Refund Policy. Due to the perishable nature of food products, refunds may be limited. If you believe you have received an incorrect or unsatisfactory order, please contact us at [email protected] within a reasonable time of receiving your order.

5.5 Promotions and Discounts

Promotional offers, coupon codes, and discounts are subject to specific terms and conditions associated with each promotion and may not be combined with other offers unless expressly stated. We reserve the right to modify or terminate promotions at any time without prior notice.

6. Food Allergen and Dietary Information

Pizza Inn makes reasonable efforts to provide accurate allergen and nutritional information on our Website and menus. However, we cannot guarantee that our food products are free from any particular allergen due to the nature of food preparation environments where cross-contamination may occur.

If you have a food allergy, sensitivity, or dietary restriction, you are solely responsible for reviewing ingredient information carefully before placing an order. We strongly encourage you to contact us directly at [email protected] to discuss your specific dietary needs before ordering.

Pizza Inn expressly disclaims liability for any allergic reactions, adverse health effects, or dietary concerns arising from the consumption of our food products where you have failed to adequately review available allergen information or notify us of your specific dietary requirements.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIZZA INN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS 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 of any nature;
• Unauthorized access to or alteration of your personal information or transmissions;
• Statements or conduct of any third party on or through our services;
• Any bugs, viruses, or harmful code transmitted through the Website by any third party;
• Any errors or omissions in any content or materials, or any loss or damage incurred as a result of your use of any content made available via the Website;
• Any interruption or cessation of transmission to or from the Website.

In no event shall Pizza Inn's total aggregate liability to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of our services exceed the greater of: (i) the total amount paid by you to Pizza Inn in the twelve (12) months preceding the event giving rise to the claim, or (ii) One Hundred United States Dollars ($100.00 USD).

The limitations of liability set forth in this section shall apply regardless of the legal theory on which the claim is based, including contract, tort, negligence, strict liability, or any other legal or equitable theory, and even if Pizza Inn has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in their entirety. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

8. Disclaimers

THE WEBSITE AND ALL SERVICES PROVIDED BY PIZZA INN 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, PIZZA INN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED.

Pizza Inn does not warrant or make any representations regarding the results that may be obtained from the use of our Website or services, or regarding the accuracy, reliability, or quality of any information, content, or materials obtained through the Website.

Any material downloaded or otherwise obtained through the use of our Website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device, or loss of data that results from the download of any such material.

9. Indemnification

You agree to defend, indemnify, and hold harmless Pizza Inn, its parent company, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, licensors, suppliers, and successors (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorney's fees and court costs) arising from or relating 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 third-party right, including but not limited to intellectual property rights or privacy rights;
• Any content or information that you submit, post, transmit, or otherwise make available through the Website;
• Your negligence, willful misconduct, or fraudulent conduct;
• Any claims by third parties arising from your use of our services or your interaction with other users of the Website.

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 case you agree to cooperate with our defense of such claims. You shall not settle any claim without our prior written consent.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (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 laws of the state applicable to the business location of Pizza Inn, without regard to its conflict of law provisions.

For users located in California, additional protections may apply under California state law, including the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), the California Consumers Legal Remedies Act (CLRA), California Business and Professions Code Section 17200 et seq. (Unfair Competition Law), and other applicable California statutes.

At the federal level, your rights and our obligations are further governed by the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., which prohibits unfair or deceptive acts or practices in or affecting commerce.

You consent to the exclusive jurisdiction and venue of the courts located in the United States for the resolution of any disputes not subject to arbitration as described in Section 11 below. You waive any objection to such jurisdiction and venue, including any objection based on inconvenient forum.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution process, we encourage you to contact us first by sending a written description of your dispute to [email protected]. We will make good-faith efforts to resolve your concern informally within thirty (30) days of receipt of your written notice.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court, and except as otherwise provided herein, you and Pizza Inn agree that 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 our services (collectively, "Disputes") will be resolved solely by binding, individual arbitration in accordance with the American Arbitration Association's (AAA) Consumer Arbitration Rules, and not in a class, representative, or consolidated action or proceeding.

The arbitration will be conducted in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AND PIZZA INN AGREE THAT EACH PARTY 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. If a court decides that applicable law precludes enforcement of any of the limitations in this section as to a particular claim for relief, then that claim must be severed from the arbitration and brought in court, subject to your and Pizza Inn's right to appeal such decision.

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information, without the requirement of posting a bond or other security.

12. Term and Termination

12.1 Duration

These Terms of Service shall remain in full force and effect while you use the Website or any of our services. Certain provisions of these Terms, by their nature, shall survive termination, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification obligations, and governing law provisions.

12.2 Termination by User

You may terminate your account and cease using our services 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.

12.3 Termination by Pizza Inn

We reserve the right, in our sole and absolute discretion, to terminate or suspend your access to the Website and services at any time, with or without notice and with or without cause, including but not limited to situations where:

• You have violated any provision of these Terms;
• You have engaged in fraudulent, abusive, or unlawful conduct;
• Continued service to you would pose a legal, security, or reputational risk to Pizza Inn;
• Required to do so by applicable law or court order;
• We discontinue the Website or related services.

12.4 Effect of Termination

Upon termination of your account or access to our services, all licenses and rights granted to you under these Terms shall immediately cease. You remain responsible for any charges or obligations incurred prior to the effective date of termination. Any pending orders at the time of termination will be handled at our discretion.

13. Changes to Terms

Pizza Inn reserves the right to modify, amend, or update these Terms of Service at any time in its sole discretion. We will notify you of material changes to these Terms by:

• Posting the updated Terms on our Website at pizzainn-new.rest with a revised "Last Updated" date;
• Sending an email notification to the address associated with your account where reasonably practicable; and/or
• Displaying a prominent notice on our Website informing you of the changes.

Your continued use of our Website or services following the posting of updated Terms constitutes your acceptance of and agreement to the modified Terms. If you do not agree to the revised Terms, you must immediately cease using our Website and 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 available at pizzainn-new.rest.

Changes to these Terms do not affect any orders placed or transactions completed prior to the effective date of such changes, unless otherwise required by applicable law.

14. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Pizza Inn. We provide such links solely for your convenience and informational purposes. Pizza Inn has no control over the content, privacy policies, terms of service, or practices of any third-party websites or services and accepts no responsibility or liability for them.

We do not endorse or make any representations about third-party websites or services. We encourage you to review the terms of service and privacy policies of any third-party websites or services that you visit. Your access to and use of third-party websites or services is at your own risk.

15. Privacy

Your use of the Website and our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and share information about you when you use our Website and services. By agreeing to these Terms, you also acknowledge and accept our Privacy Policy.

To the extent you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to request deletion of your personal information, the right to opt-out of the sale of personal information, and the right to non-discrimination for exercising your privacy rights. Please refer to our Privacy Policy for more detailed information.

16. Force Majeure

Pizza Inn shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government-imposed restrictions, fire, flood, severe weather, labor disputes, supply chain disruptions, power outages, internet service failures, terrorism, civil unrest, war, or any other event of force majeure.

In the event of a force majeure occurrence, we will make reasonable efforts to notify you as soon as practicable and to resume performance as soon as reasonably possible.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements published by Pizza Inn on the Website, constitute the entire agreement between you and Pizza Inn with respect to your use of our Website and services and supersede all prior and contemporaneous communications, representations, and agreements, whether written or oral, relating to the subject matter hereof.

No failure or delay by Pizza Inn in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

18. 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 in conflict with applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the validity, legality, and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

The parties agree that in such circumstances, they will negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid provision that, to the greatest extent possible, achieves the original intent and economic effect of the provision being replaced.

The failure of Pizza Inn to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision unless acknowledged and agreed to by us in writing.

19. Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without the prior written consent of Pizza Inn. Any attempted assignment in violation of this provision shall be null and void.

Pizza Inn may freely assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, 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.

20. Accessibility

Pizza Inn is committed to ensuring that our Website and services are accessible to all individuals, including those with disabilities, in compliance with the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG) 2.1. If you experience any difficulty accessing our Website or services due to a disability, please contact us at [email protected] so that we may provide you with appropriate assistance and accommodations.

21. Children's Privacy

Our Website and services are not directed to, and we do not knowingly collect personal information from, children under the age of thirteen (13). If you are under the age of thirteen (13), you are not permitted to use our Website or services. If we become aware that a child under the age of thirteen (13) has provided us with personal information, we will take steps to delete such information in accordance with applicable law, including the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq.

If you are a parent or guardian and believe that your child has provided us with personal information without your consent, please contact us immediately at [email protected].

22. Electronic Communications

By using our Website or services, you consent to receive electronic communications from Pizza Inn, including emails, text messages, push notifications, and other electronic communications. You agree that any agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of receiving promotional electronic communications from us at any time by following the unsubscribe instructions contained in any such communication or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, we may still send you transactional or administrative messages related to your account or orders.

23. Contact Information

If you have any questions, concerns, comments, or complaints 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 in a timely and professional manner.

For legal notices required under these Terms of Service, please send written correspondence to our email address listed above. Legal notices shall be deemed received on the date of confirmed email delivery or, in the case of physical mail, three (3) business days after the date of mailing.