Terms of Service

Effective Date: April 25, 2026  |  Last Updated: April 25, 2026

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 located at pizza-pequods.digital (the "Website"), along with all related content, features, services, and functionality offered through the Website.

By visiting the Website, creating an account, placing an order, subscribing to communications, or otherwise engaging with our digital platforms, 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 received verifiable parental or guardian consent;
• You have the legal authority and capacity to enter into this Agreement;
• Your use of our Website and services complies with all applicable federal, state, and local laws and regulations.

These Terms apply to all visitors, registered users, customers, and any other persons who access or use our Website or services. Your continued use of the Website following any updates or modifications to these Terms shall constitute your acceptance of such modifications.

2. Description of Services

Pequod's Pizza operates as a food service business in the United States, providing customers with access to menu offerings, online ordering, delivery and/or pickup coordination, promotional information, and related digital features through its Website. Our services include, but are not limited to:

• Online Ordering: The ability to browse our menu, customize food items, and submit orders for delivery or in-store pickup through our Website or integrated third-party ordering platforms;
• Account Registration: Optional creation of a personal user account to save order history, preferences, and personal information for a more streamlined ordering experience;
• Loyalty and Promotions: Access to special offers, discount codes, loyalty rewards programs, and promotional campaigns at our discretion;
• Customer Support: Communication channels including email correspondence for inquiries, complaints, and feedback;
• Informational Content: Access to nutritional information, ingredient disclosures, business hours, location details, and other food-related content as made available on the Website.

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

Availability of certain menu items, prices, promotions, or services may vary by location, time of day, or season, and are subject to change without notice.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

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

• Provide accurate, complete, and current information when creating an account or placing an order;
• Maintain the confidentiality and security of your account credentials and notify us immediately of any unauthorized access or suspected breach;
• Use the Website and services only for their intended, lawful purposes;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances, including those governing food safety, consumer protection, and electronic commerce;
• Ensure that all communications you submit to us are truthful, respectful, and free from unlawful content;
• Accept responsibility for all activities that occur under your account.

3.2 Prohibited Activities

You expressly agree that you will NOT engage in any of the following activities when using our Website or services:

• Submitting false, misleading, or fraudulent orders, payment information, or personal data;
• Using automated scripts, bots, crawlers, scrapers, or similar tools to access, extract, or interact with the Website without prior written consent;
• Attempting to gain unauthorized access to any portion of the Website, its servers, databases, or connected systems;
• Reverse-engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software underlying the Website;
• Introducing viruses, malware, ransomware, Trojan horses, or any other harmful or disruptive code or data into the Website;
• Using the Website for any illegal purpose, including but not limited to fraud, money laundering, identity theft, or any activity that violates the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) or any other applicable federal or state law;
• Impersonating any person or entity, or falsely claiming any affiliation with Pequod's Pizza or its employees;
• Collecting or harvesting personal information of other users without their express consent;
• Using our services to send unsolicited commercial messages or spam in violation of the CAN-SPAM Act (15 U.S.C. § 7701 et seq.);
• Engaging in any conduct that restricts, inhibits, or disrupts the ability of other users to use and enjoy the Website;
• Reproducing, copying, duplicating, selling, reselling, or exploiting any portion of the Website or its content for commercial purposes without express written permission;
• Posting or transmitting any content that is defamatory, obscene, harassing, hateful, threatening, or otherwise objectionable under applicable law.

Violation of these prohibitions may result in immediate termination of your account and access, and may expose you to civil and/or criminal liability under applicable law. We reserve the right to report unlawful activity to appropriate law enforcement authorities.

4. Account Registration and Security

While certain features of our Website may be accessible without registration, placing orders or accessing full functionality may require the creation of a user account. When registering, you agree to provide truthful and accurate information and to keep such information updated at all times.

You are solely responsible for maintaining the confidentiality of your account login credentials. You agree to notify us immediately at [email protected] if you discover or suspect any unauthorized use of your account. We shall not be liable for any losses arising from unauthorized account access that result from your failure to take reasonable security precautions.

We reserve the right to suspend or terminate accounts at any time, for any reason, including but not limited to violations of these Terms or suspected fraudulent activity.

5. Intellectual Property Rights

5.1 Ownership of Content

All content available on the Website, including but not limited to text, graphics, logos, photographs, images, illustrations, video, audio, software, data compilations, page layout, and the overall look and feel of the Website (collectively, "Content"), is the exclusive property of Pequod's Pizza or its licensors and is protected under applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable federal and state intellectual property statutes.

5.2 Trademarks

The name "Pequod's Pizza," our logo, and any other product or service names, slogans, or marks displayed on the Website are registered or common law trademarks of Pequod's Pizza. You may not use, reproduce, display, or incorporate these marks in any manner without our prior written consent. All third-party trademarks referenced on the Website are the property of their respective owners.

5.3 Limited License to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes only. This license does not include the right to:

• Modify, reproduce, or create derivative works based on the Website or its Content;
• Publicly display, perform, distribute, or otherwise commercially exploit the Content;
• Remove any copyright, trademark, or proprietary notice from the Content;
• Use any data mining, robots, or similar data gathering tools on the Website.

Any unauthorized use of the Content immediately terminates this license. All rights not expressly granted are reserved by Pequod's Pizza.

5.4 User-Submitted Content

If you submit reviews, comments, feedback, photographs, or other content to the Website ("User Content"), you grant Pequod's Pizza a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, adapt, publish, translate, display, and distribute such User Content in connection with the operation and promotion of our business. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe any third-party intellectual property rights.

6. Payment Terms and Ordering

6.1 Pricing

All prices listed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Applicable taxes, delivery fees, service fees, or other charges will be displayed at checkout prior to order confirmation. We reserve the right to correct pricing errors at any time; in such cases, we will notify you and provide the option to confirm the order at the correct price or cancel the order for a full refund.

6.2 Payment Methods

We accept major credit and debit cards and other payment methods as indicated on the Website. By submitting your payment information, you authorize us to charge the applicable fees to your designated payment method. You represent and warrant that you are authorized to use the payment method provided.

6.3 Order Confirmation and Cancellation

An order placed through the Website does not constitute a binding contract until we confirm acceptance of the order. We reserve the right to cancel or refuse any order at our sole discretion, including in cases of suspected fraud, pricing errors, or ingredient unavailability. If your order is cancelled, you will receive a full refund to your original payment method within a commercially reasonable timeframe.

6.4 Refunds and Returns

Due to the perishable nature of food products, all sales are generally final. However, if you experience a significant issue with your order — such as a missing item, incorrect preparation, or food safety concern — please contact us within a reasonable time of receiving your order at [email protected]. We will review your concern and, at our discretion, offer a replacement, store credit, or partial/full refund as appropriate. Any refund decisions made by Pequod's Pizza are final.

6.5 Third-Party Delivery Platforms

Orders placed through third-party delivery platforms (such as DoorDash, Uber Eats, Grubhub, or others) are subject to those platforms' own terms of service and policies. Pequod's Pizza shall not be responsible for any issues, delays, or errors arising from your use of third-party platforms, and you are encouraged to review their terms independently.

7. Disclaimer of Warranties

To the fullest extent permitted by applicable law, Pequod's Pizza expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
• Any warranty that the Website will be uninterrupted, error-free, secure, or free from viruses or harmful components;
• Any warranty that defects in the Website will be corrected;
• Any warranty regarding the accuracy, completeness, reliability, or timeliness of any Content on the Website, including nutritional information;
• Any warranty that the Website or servers that make it available are free of viruses or other harmful elements.

Some states do not allow the exclusion of implied warranties. To the extent such exclusions are not permitted under applicable law, such exclusions shall apply to the maximum extent permitted.

8. Limitation of Liability

This limitation applies regardless of the cause of action or theory of liability, whether based on contract, tort (including negligence), strict liability, warranty, or any other legal or equitable theory, even if we have been advised of the possibility of such damages. Without limiting the foregoing, we shall not be liable for:

• Loss of profits, revenue, data, goodwill, or business opportunities;
• Personal injury or property damage arising from your access to or use of the Website;
• Any unauthorized access to or use of our servers and/or any personal information stored therein;
• Any errors or omissions in the Content, or any loss or damage incurred as a result of your reliance on such Content;
• Delays or failures in fulfilling orders due to circumstances beyond our reasonable control;
• Any food allergic reactions or dietary concerns arising from failure to review provided allergen disclosures.

In no event shall our total aggregate liability to you for all claims arising out of or related to your use of the Website or services exceed the greater of: (a) the total amount paid by you to Pequod's Pizza in the three (3) months preceding the event giving rise to the claim, or (b) One Hundred United States Dollars ($100.00 USD).

Certain jurisdictions do not allow limitations on liability for certain types of damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

9. Indemnification

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

• Your use of or access to the Website or services;
• Your breach or alleged breach of any provision of these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your infringement or misappropriation of any intellectual property or other rights of any third party;
• Any User Content you submit to the Website;
• Any negligent, reckless, or willfully wrongful act or omission on your part.

We reserve the right, at our own expense, to assume 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 claim.

10. Allergen and Dietary Information Disclaimer

Pequod's Pizza provides allergen and nutritional information as a customer convenience. While we make reasonable efforts to ensure accuracy, our food products are prepared in kitchen environments where cross-contact with common allergens — including but not limited to wheat, eggs, dairy, nuts, soy, and fish — may occur. We cannot guarantee that any menu item is completely free from any specific allergen.

If you have a known food allergy or dietary restriction, you bear the sole responsibility for reviewing all available ingredient and allergen information and for communicating your needs to our staff prior to ordering. Pequod's Pizza shall not be held liable for any adverse reactions resulting from undisclosed allergies or sensitivities.

11. Privacy and Data Protection

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website and our services, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy. We encourage you to review the Privacy Policy carefully.

To the extent applicable, we comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) with respect to California residents, and the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) with respect to all consumers in the United States, as well as any other applicable data privacy regulations.

12. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Pequod's Pizza. Such links are provided for your convenience only and do not constitute an endorsement or sponsorship. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party websites you visit. Your interactions with third parties found on or through the Website are solely between you and such third parties.

13. Governing Law and Jurisdiction

These Terms of Service and any disputes arising hereunder 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's principal place of business is located, without regard to conflicts of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the appropriate federal or state courts of competent jurisdiction located in the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

The following federal statutes, among others, may apply to your use of our services:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) — governing unfair or deceptive trade practices;
• The Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.);
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030);
• The CAN-SPAM Act (15 U.S.C. § 7701 et seq.);
• The Digital Millennium Copyright Act (17 U.S.C. § 512).

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact us in good faith at [email protected] to describe your dispute and attempt to resolve it informally. We will endeavor to respond within thirty (30) days of receiving your notice. If the dispute is not resolved within sixty (60) days of your initial notice, either party may proceed to formal dispute resolution as outlined below.

14.2 Binding Arbitration

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

Except for claims that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website and services shall be resolved exclusively by final and binding arbitration, rather than in court. Arbitration shall be conducted by a recognized arbitration body, such as the American Arbitration Association (AAA), under its then-current Consumer Arbitration Rules, except as modified herein. The arbitration shall be conducted in English and in a location mutually agreed upon by the parties.

The arbitrator shall have the authority to award any relief that a court of competent jurisdiction could award, including injunctive or declaratory relief, compensatory damages, and attorneys' fees where permitted by law. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND PEQUOD'S PIZZA AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. Unless both parties agree in writing, no arbitrator or court may consolidate more than one person's claims or otherwise preside over any form of class or representative proceeding.

14.4 Opt-Out

You have the right to opt out of binding arbitration within thirty (30) days of first accepting these Terms by sending written notice to [email protected] with the subject line "ARBITRATION OPT-OUT." If you opt out of arbitration, both parties agree that any disputes shall be resolved exclusively in the applicable state or federal courts in the United States, and both parties consent to personal jurisdiction in such courts.

15. Term and Termination

15.1 Duration

These Terms shall remain in full force and effect for as long as you access or use the Website or any of our services, unless earlier terminated in accordance with this section.

15.2 Termination by You

You may terminate your use of the Website and any account at any time by discontinuing use of the Website and submitting a written account deletion request to [email protected]. Termination of your account does not relieve you of any obligations incurred prior to the effective date of termination.

15.3 Termination by Us

We reserve the right, at our sole discretion and without prior notice or liability, to suspend, restrict, or permanently terminate your access to the Website and any associated accounts if we determine that:

• You have breached any provision of these Terms;
• Your conduct poses a risk to the safety, security, or integrity of our Website, services, or other users;
• Continued service is prohibited by applicable law or regulation;
• We are discontinuing all or part of the Website or services.

15.4 Survival

Sections of these Terms that by their nature should survive termination shall continue in full force and effect, including but not limited to Sections 5 (Intellectual Property), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 13 (Governing Law), 14 (Dispute Resolution), and 17 (Severability).

16. Changes to These Terms

Pequod's Pizza reserves the right to revise, update, modify, or replace any part of these Terms of Service at any time and 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 and, where reasonably practicable, provide additional notice (such as a notification on the Website or via email).

Your continued access to or use of the Website after any such modifications become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must cease using the Website and our services. We encourage you to review these Terms periodically to remain informed of any changes.

17. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under 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, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect as if such invalid or unenforceable provision had never been included.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements published by Pequod's Pizza 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 agreements, understandings, representations, and warranties, whether oral or written, relating to such subject matter. Any failure by Pequod's Pizza to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19. Force Majeure

Pequod's Pizza shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government actions, labor disputes, supply chain disruptions, power failures, or internet or telecommunications outages. In such events, we will make commercially reasonable efforts to resume normal operations as quickly as practicable.

20. Accessibility

Pequod's Pizza is committed to ensuring that our Website is accessible to all users, including individuals with disabilities, in accordance with applicable law, including the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience difficulty accessing any portion of the Website, please contact us at [email protected] so that we may provide assistance or an alternative means of access.

21. No Waiver

The failure of Pequod's Pizza to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default. Any waiver of any provision of these Terms will only be effective if made in writing and signed by an authorized representative of Pequod's Pizza.

22. Assignment

You may not assign, transfer, sublicense, or delegate your rights or obligations under these Terms without our prior written consent. We may freely assign, transfer, or delegate our rights and obligations under these Terms, in whole or in part, to any affiliate, successor, or acquirer of our business, without your consent. These Terms shall be binding upon and inure to the benefit of both parties and their respective permitted successors and assigns.

23. Headings

The section headings used in these Terms are for convenience of reference only and shall not affect the interpretation or construction of any provision of these Terms.

24. Contact Information

If you have any questions, concerns, comments, or requests regarding these Terms of Service, please do not hesitate to contact us using the information below. We will make every effort to respond to your inquiry promptly and professionally.

© 2026 Pequod's Pizza. All Rights Reserved. These Terms of Service were last updated on April 25, 2026.