Terms of Service

Effective Date: March 28, 2026  |  Last Updated: March 28, 2026

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 the website located at pequodspizza.digital (the "Website"), as well as any related services, online ordering platforms, mobile features, content, and functionality offered by Pequod's Pizza (collectively, the "Services").

By visiting our Website, placing an order, creating an account, subscribing to communications, or otherwise interacting with our digital platforms, you affirm that:

• You are at least 18 years of age, or if you are between the ages of 13 and 17, that you have obtained verifiable parental or legal guardian consent;
• You have the legal capacity to enter into a binding contract under applicable United States law;
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference;
• You are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.

If you are accessing or using the Services on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.

2. Description of Services

Pequod's Pizza operates as a food service business, offering customers the ability to browse our menu, place online orders for pickup and/or delivery, access promotional materials, and interact with our brand through digital channels. Our Services include, but are not limited to:

• Online Ordering: Customers may place orders for food and beverages through our Website or any third-party platforms integrated with our ordering system;
• Menu Information: We provide detailed menu listings, including descriptions, pricing, allergen information, and nutritional data to the extent available;
• Promotions and Loyalty Programs: From time to time, we may offer coupons, discount codes, loyalty rewards, and special promotional offers accessible through the Website;
• Customer Account Management: Users may create and manage personal accounts for a more streamlined ordering experience, including the ability to save preferences and order history;
• Customer Support: We provide support via email and other communication channels to address inquiries, complaints, and order issues;
• Digital Content: We may publish blog posts, recipes, media content, and other informational material related to our food offerings and brand.

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

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when registering for an account or placing an order;
• Maintain the confidentiality of your account credentials and promptly notify us of any unauthorized access or security breach;
• Use the Services solely for lawful purposes and in a manner consistent with these Terms and all applicable local, state, and federal laws of the United States;
• Comply with all applicable laws and regulations, including those governing food safety, consumer protection, electronic commerce, and data privacy;
• Promptly update your account information to ensure it remains accurate and complete;
• Pay for all orders and services in full at the time of purchase, unless otherwise expressly agreed in writing.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities when using our Website or Services:

• Using the Services for any unlawful, fraudulent, or deceptive purpose, including but not limited to submitting false orders, providing fraudulent payment information, or impersonating another person or entity;
• Attempting to gain unauthorized access to our systems, servers, databases, or any other component of our digital infrastructure;
• Using automated systems, robots, scrapers, spiders, or similar mechanisms to access, extract, or compile data from our Website without our prior written consent;
• Transmitting any viruses, malware, ransomware, or other harmful or malicious code through our Website or Services;
• Engaging in any activity that disrupts, damages, or impairs the functionality, performance, or availability of our Website or Services;
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of our Website, Services, or content without express written permission from Pequod's Pizza;
• Using our Services to send unsolicited commercial messages (spam), engage in phishing, or engage in any form of harassment;
• Collecting or harvesting personal information of other users without their explicit consent;
• Placing orders with no intention to pay or completing fraudulent chargebacks;
• Violating any applicable United States federal law, state law, or local ordinance, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Electronic Communications Privacy Act, and applicable consumer protection statutes.

Any violation of these prohibitions may result in immediate termination of your account, cancellation of pending orders, and referral to appropriate law enforcement authorities.

4. User Accounts

To access certain features of the Services, you may be required to register for an account. When creating an account, you agree to provide truthful and accurate information. You are solely responsible for maintaining the confidentiality of your username and password, and for all activity that occurs under your account.

You agree to immediately notify Pequod's Pizza at [email protected] of any unauthorized use of your account or any other security breach. Pequod's Pizza will not be liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised, are being used fraudulently, or are otherwise in violation of these Terms.

5. Intellectual Property Rights

5.1 Ownership

All content, materials, and intellectual property on the Website, including but not limited to text, graphics, logos, images, photographs, audio and video clips, data compilations, software code, menu designs, trade names, trademarks, service marks, and trade dress (collectively, "Content"), are the exclusive property of Pequod's Pizza or its licensors and are protected under United States and international 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 applicable trademark and trade secret laws.

5.2 Limited License

Subject to your compliance with these Terms, Pequod's Pizza grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for personal, non-commercial purposes related to ordering food and interacting with our Services. This license does not include the right to:

• Reproduce, distribute, display, transmit, or create derivative works of our Content;
• Use our Content for commercial purposes without express written consent;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices.

5.3 User-Generated Content

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

6. Ordering, Pricing, and Payment Terms

6.1 Order Placement

When you place an order through our Website, you are making an offer to purchase food and/or beverages subject to these Terms. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to cases involving pricing errors, suspected fraud, or product unavailability.

6.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable state and local sales taxes. Prices are subject to change without prior notice. In the event of a pricing error, we reserve the right to cancel any order placed at the incorrect price and notify you accordingly.

6.3 Payment

Payment for orders is due at the time of purchase. We accept major credit and debit cards (Visa, Mastercard, American Express, Discover), and any other payment methods expressly listed on our Website. By providing payment information, you represent that you are authorized to use the designated payment method and authorize us to charge your selected payment method for the total amount of your order, including applicable taxes and fees.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience a quality issue or error with your order, please contact us at [email protected] within 24 hours of receiving your order. We will review each complaint on a case-by-case basis and may, at our sole discretion, offer a replacement, store credit, or partial refund.

6.5 Promotional Codes and Discounts

Promotional codes, coupons, and discount offers are subject to specific terms and expiration dates. They may not be combined with other offers unless expressly stated. Pequod's Pizza reserves the right to revoke or modify promotions at any time without notice.

7. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

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 THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION PROVIDED ON THE WEBSITE, INCLUDING MENU DESCRIPTIONS, NUTRITIONAL INFORMATION, AND ALLERGEN DISCLOSURES;
• WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

Allergen information is provided as a general guide only. Pequod's Pizza cannot guarantee that menu items are free from allergens due to potential cross-contamination in our preparation environments. Customers with severe food allergies should contact us directly before placing an order.

The disclaimers in this Section shall apply to the maximum extent permitted under the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) and applicable state consumer protection laws.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, PEQUOD'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PEQUOD'S PIZZA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OR THEORY OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or liabilities. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

9. Indemnification

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

• Your access to or use of the Website or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any User Content submitted by you through our Website or platforms;
• Your negligence, willful misconduct, or fraud;
• Any dispute between you and a third party related to our Services.

We reserve the right, at your expense, to assume exclusive control and defense of any matter for which you are required to indemnify us, and you agree to cooperate fully with our defense of such claims. You agree not to settle any such matter without our prior written consent.

10. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and is available on our Website. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent that you are a resident of the State of California, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know, delete, correct, and opt-out of the sale or sharing of your personal information. Please refer to our Privacy Policy for more information.

We comply with applicable provisions of the Federal Trade Commission Act (15 U.S.C. § 45) regarding unfair or deceptive practices in commerce, including practices related to consumer data and privacy.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Pequod's Pizza. These links are provided solely for your convenience and informational purposes. We do not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party websites or services.

Your use of third-party websites or services is at your own risk and subject to the terms and conditions of those respective third parties. We strongly encourage you to review the terms and privacy policies of any third-party sites you visit.

Pequod's Pizza shall not be liable for any harm, loss, or damage arising from your use of or reliance on third-party content, products, or services accessed through links on our Website.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Pequod's Pizza is registered and operates, without regard to its conflict of law principles.

For any disputes not subject to arbitration as described in Section 13 below, you irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in the state in which Pequod's Pizza maintains its principal place of business. You waive any objection to the exercise of personal jurisdiction over you by such courts and to venue in such courts.

These Terms shall also be subject to applicable federal law, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.), and any other applicable federal statutes governing electronic commerce and consumer protection.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Pequod's Pizza at [email protected] and provide a written description of the nature of your dispute, the relief you are seeking, and your contact information. We will make a good-faith effort to resolve the dispute informally within thirty (30) calendar days of receiving your notice. If we are unable to resolve the dispute informally within that period, either party may proceed to binding arbitration as described below.

13.2 Binding Arbitration

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

Except as otherwise provided herein, any dispute, controversy, or claim arising out of or relating to these Terms, including the interpretation, breach, termination, validity, or enforceability thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, as amended from time to time. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

The arbitrator shall have the authority to award any remedy available at law or in equity, subject to the limitations set forth in these Terms. The arbitrator shall not have authority to conduct a class arbitration or consolidate claims of multiple parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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 OR REPRESENTATIVE ACTION. If a court finds this class action waiver unenforceable with respect to a particular claim, that claim shall be severed and proceed in court, while the remaining claims shall proceed in arbitration.

13.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration, including but not limited to claims involving intellectual property infringement or misappropriation.

14. Term and Termination

14.1 Term

These Terms shall remain in full force and effect for as long as you access or use our Website or Services. Certain provisions of these Terms shall survive any termination, as described in Section 14.3.

14.2 Termination by Pequod's Pizza

We reserve the right to suspend or terminate your access to the Website and Services, with or without notice, for any reason or no reason, including but not limited to:

• Violation of any provision of these Terms;
• Engaging in prohibited activities as described in Section 3;
• Suspected fraudulent, abusive, or illegal activity;
• Operational, business, or technical reasons at our sole discretion.

14.3 Termination by You

You may discontinue your use of the Services at any time by ceasing to access our Website and, if applicable, by requesting the deletion of your account by contacting us at [email protected].

14.4 Survival

Upon termination of your access to the Services, all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: provisions relating to intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

15. Changes to Terms

Pequod's Pizza reserves the right to modify, update, or replace these Terms at any time at its sole discretion. Any changes will be effective immediately upon posting the revised Terms on our Website, with an updated "Last Updated" date reflected at the top of this page.

We will make reasonable efforts to notify you of material changes through a prominent notice on our Website or via email to the address associated with your account, where applicable. However, it is your responsibility to review these Terms periodically for any updates.

Your continued use of the Website or Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of our Services immediately.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, unlawful, void, or unenforceable for any reason, that provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision herein.

In the event that any provision of these Terms is found to be unenforceable as written, such provision shall be modified only to the extent necessary to make it enforceable under applicable law, while preserving the original intent of the parties to the greatest extent possible.

17. Waiver

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 shall only be effective if it is in writing and signed by an authorized representative of Pequod's Pizza. No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach of the same or any other provision.

18. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms and conditions incorporated by reference or agreed to in writing, constitute the entire agreement between you and Pequod's Pizza with respect to your use of the Website and Services. These Terms supersede all prior or contemporaneous understandings, representations, warranties, and agreements, whether written or oral, relating to the subject matter hereof.

In the event of any conflict between these Terms and any other agreement or policy, these Terms shall govern unless expressly stated otherwise.

19. Force Majeure

Pequod's Pizza shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by events beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government restrictions, war, terrorism, labor disputes, cyberattacks, power outages, supply chain disruptions, or failures of third-party service providers. In such circumstances, we will make reasonable efforts to resume normal operations as soon as practicable.

20. Electronic Communications

By using our Website and Services, you consent to receiving electronic communications from Pequod's Pizza, including but not limited to order confirmations, promotional offers, newsletters, and legal notices. You agree that any electronic notices, agreements, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.).

21. Accessibility

Pequod's Pizza is committed to making our Website accessible to individuals with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA) and applicable Web Content Accessibility Guidelines (WCAG). If you experience any accessibility barriers on our Website, please contact us at [email protected] and we will make reasonable efforts to assist you.

22. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you need to contact us for any reason related to your use of our Website or Services, please reach out to us using the following information: