Terms of Service

Please read these Terms of Service carefully before using our website, placing an order, or engaging with any services provided by Pequod's Pizza. By accessing or using our website at pequodsclub.rest, placing an order, visiting our establishment, or otherwise interacting with us, 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 with any part of these terms, you must discontinue use of our website and services immediately.

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 pequodsclub.rest, as well as all related services, features, content, and functionality offered by Pequod's Pizza, whether accessed online, in person, via telephone, or through any other means.

By accessing our website, placing an order online or in person, subscribing to our mailing list, participating in promotions, or otherwise engaging with Pequod's Pizza in any capacity, you represent that:

• You are at least eighteen (18) years of age, or if you are a minor, you have obtained the consent of a parent or legal guardian;
• You have the legal capacity to enter into binding contracts under applicable United States law;
• You have read, understood, and agree to be bound by these Terms and any additional terms, policies, or guidelines referenced herein;
• All information you provide to us is accurate, complete, and current.

If you are accessing or 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 the term "you" shall refer to such entity.

We reserve the right to modify, update, or revise these Terms at any time at our sole discretion. Your continued use of our website or services following the posting of any changes constitutes your acceptance of those changes. We encourage you to review these Terms periodically to stay informed of any updates.

2. Description of Services

Pequod's Pizza is a food service business operating in the United States, dedicated to providing customers with high-quality pizza, food, and beverage offerings. Our services include, but are not limited to:

• Dine-In Services: We offer an in-restaurant dining experience where customers can enjoy freshly prepared menu items in a comfortable setting.
• Takeout Orders: Customers may place orders for pickup directly at our location, by telephone, or through our website.
• Delivery Services: Where available, we provide delivery of menu items to addresses within our designated service area, either directly or through authorized third-party delivery partners.
• Online Ordering: Our website at pequodsclub.rest facilitates online ordering, allowing customers to browse our menu, customize their orders, and complete purchases through our secure checkout system.
• Catering and Special Events: We may offer catering services for private events, corporate functions, and other special occasions subject to availability and separate agreements.
• Promotional Offers and Loyalty Programs: From time to time, we may offer promotions, discounts, coupons, or loyalty rewards to our customers, subject to applicable terms and conditions.
• Informational Content: Our website provides information about our menu, locations, hours of operation, and other business-related content.

Pequod's Pizza reserves the right to modify, suspend, discontinue, or restrict any aspect of our services at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of services.

Availability of menu items, pricing, hours of operation, and delivery zones are subject to change without notice. Certain items may be limited in availability depending on seasonal offerings, ingredient availability, or operational circumstances.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our website and services, you agree to:

• Use our website and services only for lawful purposes and in accordance with these Terms;
• Provide accurate, truthful, and complete information when placing orders, creating accounts, or submitting any forms;
• Maintain the confidentiality of any account credentials, passwords, or personal identification information associated with your use of our services;
• Notify us promptly if you become aware of any unauthorized use of your account or any breach of security;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our services;
• Treat our staff, employees, and other customers with respect and courtesy, whether in person, online, or through any other communication channel;
• Pay all charges and fees associated with your orders in a timely manner.

3.2 Prohibited Activities

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

• Using our website or services for any fraudulent, deceptive, or unlawful purpose;
• Attempting to gain unauthorized access to any portion of our website, servers, databases, or systems, or to any accounts, computer systems, or networks connected to our website;
• Transmitting, uploading, or distributing any viruses, malware, spyware, ransomware, or other harmful software or code;
• Engaging in any conduct that could damage, disable, overburden, impair, or interfere with the proper functioning of our website or servers;
• Using automated scripts, bots, crawlers, scrapers, or similar tools to access, collect, or interact with our website without our express written permission;
• Submitting false, misleading, or fraudulent orders, reviews, or other content;
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Using our website to collect personal information about other users without their consent;
• Violating any applicable local, state, federal, or international law or regulation;
• Harassing, threatening, intimidating, or engaging in abusive behavior toward our employees, contractors, agents, or other customers;
• Using our trademarks, logos, brand elements, or intellectual property without our prior written consent;
• Reselling or commercially exploiting our services or any content obtained through our website without prior written authorization;
• Placing fraudulent orders or intentionally providing false delivery information;
• Misusing promotional codes, coupons, or loyalty rewards in a manner inconsistent with their intended purpose.

Violation of any of these prohibited activities may result in immediate termination of your access to our services, cancellation of outstanding orders without refund, and may subject you to civil and/or criminal liability.

4. Intellectual Property Rights

All content, materials, and elements available on our website and associated with our business, including but not limited to text, graphics, logos, images, photographs, illustrations, audio and video clips, digital downloads, data compilations, software, proprietary technology, menu designs, trade dress, slogans, and any other intellectual property (collectively, "Content"), are the exclusive property of Pequod's Pizza or our licensors and are protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, trade secret laws, and other applicable legislation.

The Pequod's Pizza name, logo, and all related marks, trade names, and brand elements are trademarks or registered trademarks of Pequod's Pizza. Nothing in these Terms shall be construed as granting you any license or right to use any trademark, trade dress, or logo displayed on our website without our prior express written permission.

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 website solely for your personal, non-commercial use. This license does not include the right to:

• Modify, reproduce, distribute, create derivative works of, publicly display, or publicly perform any Content;
• Commercially exploit or sell access to our website or any Content;
• Remove any copyright, trademark, or other proprietary rights notices from our Content;
• Use data mining, robots, or similar data gathering tools on our website.

Any unauthorized use of our Content or intellectual property immediately terminates the license granted herein and may violate applicable laws, including copyright and trademark laws. Pequod's Pizza reserves all rights not expressly granted in these Terms.

If you believe that any content on our website infringes your intellectual property rights, please contact us at [email protected] with details of the alleged infringement.

5. Payment Terms

5.1 Pricing and Charges

All prices for menu items, delivery fees, service charges, and other applicable fees are displayed on our website or communicated at the point of sale and are denominated in United States Dollars (USD). Prices are subject to change without prior notice. Applicable sales taxes will be added to your order total in accordance with federal, state, and local tax laws.

5.2 Payment Methods

We accept various forms of payment, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, digital wallets, and cash (for in-person transactions). The specific payment methods accepted may vary depending on the ordering channel used.

5.3 Order Confirmation

Upon successful placement of an online order, you will receive an order confirmation via email or other electronic means. This confirmation represents our acceptance of your order and forms a binding contract for the purchase of the specified items. We reserve the right to refuse or cancel any order at our discretion, including in cases of pricing errors, suspected fraud, or unavailability of items.

5.4 Refunds and Cancellations

Our refund and cancellation policies are as follows:

• Once an order has been accepted and preparation has begun, cancellations may not be possible.
• If you receive an incorrect or unsatisfactory order, please contact us immediately at [email protected] or by phone to discuss a resolution, which may include a replacement, credit, or refund at our discretion.
• Refunds, where applicable, will be processed using the original payment method and may take several business days to appear on your statement, depending on your financial institution.
• Promotional codes and discounts cannot be applied retroactively to completed orders and are non-transferable.

5.5 Chargebacks

If you initiate an unauthorized chargeback through your financial institution without first contacting us to resolve the issue, we reserve the right to dispute the chargeback, suspend your account, and pursue any outstanding amounts through available legal remedies.

6. Disclaimer of Warranties

OUR WEBSITE AND SERVICES 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 UNITED STATES LAW, PEQUOD'S PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT OUR WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY CONTENT ON OUR WEBSITE;
• WARRANTIES THAT OUR WEBSITE OR SERVERS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE QUALITY, SAFETY, ACCURACY OF DESCRIPTIONS, OR FITNESS FOR PURPOSE OF ANY FOOD OR BEVERAGE ITEMS WE OFFER.

We make reasonable efforts to ensure that allergen and nutritional information displayed on our website is accurate; however, we cannot guarantee that this information is complete or free of errors. Cross-contamination with allergens may occur during food preparation. If you have a food allergy or dietary restriction, please notify our staff before placing your order. It is your responsibility to make informed decisions regarding food safety based on your personal health needs.

Some jurisdictions do not allow the exclusion of implied warranties; therefore, some of the above exclusions may not apply to you to the extent prohibited by law.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND OTHER RELEVANT UNITED STATES FEDERAL AND STATE STATUTES, PEQUOD'S PIZZA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
• DAMAGES ARISING FROM YOUR RELIANCE ON ANY CONTENT, INFORMATION, OR MATERIALS DISPLAYED ON OUR WEBSITE;
• DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PEQUOD'S PIZZA IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF PEQUOD'S PIZZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY; IN SUCH CASES, THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

8. Indemnification

You agree to indemnify, defend, and hold harmless Pequod's Pizza and its respective owners, officers, directors, employees, agents, contractors, licensors, service providers, suppliers, 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 related to:

• Your violation of these Terms of Service;
• Your use or misuse of our website or services;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights;
• Any content, information, or materials you submit, post, or transmit through our website;
• Your negligence or willful misconduct;
• Any dispute between you and another user or third party in connection with our services.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You agree not to settle any such claim without our prior written consent.

9. Third-Party Services and Links

Our website may contain links to third-party websites, services, or applications, including third-party delivery platforms, payment processors, and social media platforms. These links are provided solely for your convenience. We do not endorse, control, or assume any responsibility for the content, privacy practices, or terms of any third-party websites or services.

When you interact with third-party delivery services or platforms, your relationship is governed by their respective terms and conditions, and any disputes or issues related to those services should be directed to the relevant third party. Pequod's Pizza is not liable for any damages, losses, or issues arising from your use of third-party services.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, 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 of America and the applicable laws of the state in which Pequod's Pizza is registered and operates, without regard to conflict of law principles.

To the extent any dispute is not subject to arbitration as described below, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located within the applicable jurisdiction in the United States where Pequod's Pizza maintains its principal place of business. You waive any objection to venue or jurisdiction in such courts.

For customers located in California, your rights may also be governed by the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) to the extent applicable, as well as other applicable California state laws.

Pequod's Pizza operates in compliance with applicable United States federal laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) regarding unfair or deceptive acts and practices, and the Americans with Disabilities Act (ADA) to the extent applicable to our operations.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Pequod's Pizza at [email protected] and attempt to resolve any dispute informally. We will make reasonable efforts to respond within thirty (30) calendar days and work toward an amicable resolution. Many concerns can be resolved quickly through direct communication.

11.2 Binding Arbitration

If informal resolution efforts are unsuccessful within sixty (60) days of your initial notice to us, any dispute, controversy, or claim arising out of or relating to these Terms, the breach thereof, or your use of our website or services shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) then in effect, except as modified herein.

• The arbitration shall be conducted in English;
• The arbitration shall take place in the jurisdiction where Pequod's Pizza maintains its principal place of business, or via remote proceedings where mutually agreed;
• The arbitrator's decision shall be final and binding on all parties;
• Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines that one party's claims or defenses were frivolous or brought in bad faith;
• Judgment upon the award rendered may be entered in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AND PEQUOD'S PIZZA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class 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 the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

12. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you access or use our website or services. We reserve the right, in our sole discretion and without prior notice, to:

• Suspend or terminate your access to our website or any portion thereof;
• Cancel any pending or future orders associated with your account;
• Remove or disable any content you have submitted;
• Take any other action we deem appropriate;

for any reason, including but not limited to your violation of these Terms, suspected fraudulent or illegal activity, abuse of our staff or systems, or for any other business reason at our sole discretion.

Upon termination of your access, your right to use our website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers of warranties, limitation of liability, indemnification, and dispute resolution.

You may also terminate your use of our services at any time by discontinuing your access to our website. If you have an account, you may request account deletion by contacting us at [email protected].

13. Changes to These Terms

Pequod's Pizza reserves the right to modify, update, or replace these Terms of Service at any time at our sole and absolute discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. In some cases, we may provide additional notice, such as by displaying a prominent notice on our website or sending an email notification to users who have provided contact information.

Your continued access to or use of our website and services after any changes to these Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using our website and services.

We encourage you to review these Terms periodically — at minimum, each time you place an order or use our services — to ensure you are familiar with the most current version. The most recent version of these Terms will always be available at pequodsclub.rest.

14. Food Safety and Allergen Notices

Pequod's Pizza takes food safety seriously and operates in compliance with applicable local, state, and federal food safety regulations, including those administered by the United States Food and Drug Administration (FDA) and applicable state and local health departments.

Our kitchen handles a wide variety of ingredients, including common allergens such as wheat, gluten, dairy, eggs, tree nuts, peanuts, soy, fish, and shellfish. While we take precautions to minimize cross-contamination, we cannot guarantee that any menu item is completely free from allergens. Customers with food allergies or dietary restrictions are strongly advised to:

• Disclose their allergies to our staff before placing an order;
• Review allergen information where available on our website or upon request;
• Consult with a healthcare provider regarding their dietary needs.

Pequod's Pizza shall not be liable for adverse reactions to food items that occur as a result of undisclosed allergies or sensitivities, or for cross-contamination risks inherent in a shared kitchen environment, to the fullest extent permitted by applicable law.

15. Privacy Policy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. By using our website and services, you acknowledge and agree to the terms of our Privacy Policy. 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).

For questions about our privacy practices or to exercise your privacy rights, please contact us at [email protected].

16. Severability

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

The invalidity or unenforceability of any provision in any particular jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction, nor shall it affect the validity or enforceability of any other provision of these Terms in that jurisdiction or any other jurisdiction.

The failure of Pequod's Pizza to enforce any right or provision of these Terms shall not constitute 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.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines published by Pequod's Pizza on our website, constitute the entire agreement between you and Pequod's Pizza with respect to your use of our website and services, and supersede all prior and contemporaneous agreements, communications, negotiations, and understandings, whether oral or written, relating to such subject matter.

No modification of these Terms shall be effective unless made in writing and signed by an authorized representative of Pequod's Pizza. No course of conduct or failure or delay in enforcing these Terms shall act as a waiver of any right or remedy.

18. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, wish to report a violation, or need to contact us for any reason related to our services, please reach out to us using the following contact information:

We strive to respond to all inquiries within a reasonable timeframe, typically within five (5) to ten (10) business days. For urgent matters, including food safety concerns, we encourage you to contact us as promptly as possible.