Terms of Service

Effective Date: May 13, 2026  |  Last Updated: May 13, 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"), the operator of the website located at pequodspizza-eat.click (the "Website" or "Platform"). By accessing, browsing, or using this Website in any manner — including placing an order, creating an account, subscribing to any service, or simply viewing content — you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

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

These Terms apply to all visitors, users, and customers of the Website, regardless of whether they complete a transaction. Use of the Website signifies your unconditional acceptance of these Terms in full.

You must be at least 18 years of age or the legal age of majority in your jurisdiction to use this Website and to place orders. By using the Website, you represent and warrant that you meet this age requirement. We reserve the right to refuse service to anyone for any reason at any time, in compliance with applicable federal and state law.

2. Description of Services

Pequod's Pizza operates as a food service business offering customers the ability to browse our menu, place online food orders, schedule deliveries or pickups, and interact with our brand through the Website. Our services include, but are not limited to, the following:

• Online Ordering: Customers may use our Website to place orders for pizzas, appetizers, beverages, desserts, and other menu items that we offer from time to time.
• Delivery Services: Subject to delivery availability in your area, we may offer food delivery directly to your specified address within our designated service zones.
• Carryout/Pickup Orders: Customers may place online orders designated for in-store or curbside pickup at participating Pequod's Pizza locations.
• Account Management: Users may create and manage personal accounts on the Website to streamline the ordering process, save preferences, and review order history.
• Promotions and Loyalty Programs: We may offer promotional deals, discount codes, loyalty points, or special offers through the Website from time to time, subject to their individual terms.
• Customer Support: We provide customer assistance via email and other contact channels listed on the Website.

We reserve the right to modify, suspend, discontinue, or restrict access to 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.

Menu items, pricing, availability, and service areas are subject to change without notice. Images displayed on the Website are for illustrative purposes only and may not exactly represent the actual product delivered or served.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

As a condition of your use of this Website and our services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order, including your name, delivery address, payment details, and contact information.
• Maintain the confidentiality of your account credentials and promptly notify us of any unauthorized access or breach of your account.
• Use the Website solely for lawful purposes and in accordance with these Terms.
• Be present at the delivery address at the time of delivery, or arrange for an authorized person to receive the order on your behalf.
• Comply with all applicable local, state, and federal laws when using the Website.
• Ensure that any information you provide does not infringe upon the rights of any third party.

3.2 Prohibited Activities

You agree that you will not, under any circumstances, engage in the following prohibited activities:

• Use the Website for any fraudulent, unlawful, or unauthorized purpose.
• Submit false, misleading, or inaccurate information in connection with any order or account registration.
• Attempt to gain unauthorized access to any portion of the Website, its servers, databases, or connected systems.
• Use automated tools such as bots, scrapers, spiders, crawlers, or other software to access, harvest, or extract data from the Website without our express written permission.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Website or any software associated with it.
• Transmit or upload any viruses, malware, ransomware, or other malicious code or harmful data through the Website.
• Engage in any activity that interferes with or disrupts the Website's infrastructure, servers, or networks.
• Use the Website to send unsolicited communications, spam, phishing attempts, or any form of unauthorized advertising.
• Impersonate any person, entity, or business, including Pequod's Pizza employees, representatives, or other users.
• Post, transmit, or share any content that is defamatory, obscene, harassing, threatening, hateful, or otherwise objectionable.
• Circumvent any security, authentication, or access-control measures implemented on the Website.
• Use the Website for commercial purposes other than those explicitly permitted by us in writing.
• Violate any applicable federal, state, or local law, regulation, or ordinance in connection with your use of the Website.

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

4. Intellectual Property Rights

All content, materials, and features available on or through the Website — including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, digital downloads, data compilations, software, and the overall design and layout of the Website — are the exclusive property of Pequod's Pizza or its content licensors and are protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, patent, and trade secret laws.

The Pequod's Pizza name, logo, and all related marks, product names, and slogans are trademarks or registered trademarks of the Company. You are expressly prohibited from using any of our trademarks, trade names, service marks, logos, or other proprietary designations without our prior written consent.

We grant you 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. This license does not permit you to:

• Copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website's content.
• Modify or create derivative works based on Website content without our express written permission.
• Use any content from the Website for commercial purposes without prior written authorization.

Any unauthorized use of our intellectual property may violate copyright law, trademark law, privacy and publicity laws, and other regulations. If you believe that your intellectual property rights have been infringed upon by content on our Website, please contact us using the information provided in Section 14.

5. Ordering and Payment Terms

5.1 Order Placement and Acceptance

When you place an order through our Website, you are making an offer to purchase the selected items. We reserve the right to accept or decline your order at our sole discretion. An order is confirmed only upon our issuance of an order confirmation via email or on-screen notification. We are not responsible for orders that are not completed due to technical issues, payment failures, or inaccurate information provided by you.

5.2 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, delivery fees, or service charges unless explicitly stated at checkout. Any additional charges will be disclosed to you prior to the completion of your order.

5.3 Payment

We accept major credit cards, debit cards, and other payment methods as indicated at checkout. By submitting your payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete. You authorize us to charge the total order amount to your designated payment method.

We use industry-standard encryption and security protocols to protect your payment information. However, we are not responsible for unauthorized access to your payment information that occurs despite our security measures.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you have concerns about an order — including incorrect items, quality issues, or delivery errors — please contact us promptly at [email protected]. We will evaluate each situation on a case-by-case basis and may offer a replacement, credit, or refund at our sole discretion.

Order cancellations may only be accepted if the order has not yet entered preparation. We cannot guarantee cancellation requests submitted after preparation has begun.

6. Delivery Terms

Delivery availability, estimated delivery times, and delivery fees vary based on your location and are subject to change. Estimated delivery times are approximations only and are not guaranteed. Factors including but not limited to weather, traffic conditions, and order volume may affect delivery times.

You are responsible for providing accurate delivery information. We are not liable for failed or delayed deliveries resulting from incorrect or incomplete address information provided by you. If a delivery attempt is unsuccessful due to customer unavailability or inaccessibility, additional charges may apply for re-delivery attempts.

Risk of loss and title for food items pass to you upon delivery to the address you specified.

7. Disclaimers — Services Provided "As-Is"

THE WEBSITE AND ALL SERVICES, CONTENT, AND FEATURES PROVIDED THROUGH IT ARE OFFERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

PEQUOD'S PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF CONTENT;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR OUR SERVICES.

We do not warrant that menu items will always be available, that prices will remain unchanged, or that all information on the Website is free from errors or omissions. Food items may contain allergens including nuts, gluten, dairy, soy, and other ingredients. It is your responsibility to review allergen and nutritional information before placing an order. We make no representations or warranties regarding the suitability of menu items for individuals with specific dietary needs, allergies, or medical conditions.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO THE FEDERAL TRADE COMMISSION ACT AND ALL RELEVANT STATE CONSUMER PROTECTION LAWS, PEQUOD'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES;
• ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• ANY DAMAGES RESULTING FROM INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL ITEMS TRANSMITTED THROUGH THE WEBSITE BY ANY THIRD PARTY.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification

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

• Your violation of these Terms or any applicable law or regulation;
• Your use or misuse of the Website or our services;
• Any order you place through the Website;
• Any content you submit, post, or transmit through the Website;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any fraudulent, negligent, or willful misconduct by you.

We reserve the right to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate fully 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 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 its conflict of law provisions.

Any legal action or proceeding arising out of or related to these Terms or your use of the Website that is not subject to the arbitration provisions in Section 11 shall be instituted exclusively in the federal or state courts of competent jurisdiction located in the United States. You consent to personal jurisdiction and venue in such courts and waive any objection to the inconvenience of such forum.

These Terms are subject to applicable federal law, including the Federal Trade Commission Act governing unfair or deceptive business practices, and all relevant consumer protection laws of the applicable state. Nothing in these Terms shall limit any rights you may have under applicable federal or state consumer protection statutes that cannot be contractually waived.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute, controversy, or claim arising out of or related to these Terms or our services by contacting us directly at [email protected]. We will make reasonable efforts to resolve the matter informally within thirty (30) days of receiving your written notice.

11.2 Binding Arbitration

If informal resolution fails, any unresolved dispute shall be submitted to final and binding arbitration administered by a recognized arbitration organization under its then-current commercial arbitration rules. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Each party shall bear its own costs and attorneys' fees unless the arbitrator determines that a party's claim or defense was frivolous, in which case the arbitrator may award fees to the prevailing party.

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, REPRESENTATIVE, OR MULTI-PLAINTIFF ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information, without first engaging in informal dispute resolution or arbitration.

12. Term and Termination

These Terms shall remain in full force and effect while you use the Website or maintain an account with us. We reserve the right, at our sole discretion and without prior notice or liability, to:

• Terminate or suspend your account and access to the Website for any reason, including but not limited to a breach of these Terms;
• Remove or disable access to any content on the Website;
• Restrict your ability to place orders or use any features of the Website;
• Discontinue the Website or any portion thereof.

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

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations or liability arising prior to termination, including any outstanding payment obligations.

13. Changes to These Terms

We reserve the right to modify, update, or revise these Terms of Service at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. Where required by applicable law, we may provide more prominent notice of material changes, such as notification via email or a prominent notice on the Website.

It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued use of the Website following the posting of revised Terms constitutes your binding acceptance of those changes. If you do not agree to the revised Terms, you must discontinue use of the Website immediately.

We will not make changes to these Terms that retroactively reduce your rights under applicable consumer protection laws without providing appropriate notice and, where required, obtaining your consent.

14. Third-Party Links and Services

The Website may contain links to third-party websites, services, or content that are not owned or controlled by Pequod's Pizza. These links are provided for your convenience and informational purposes only. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We encourage you to review the terms of service and privacy policies of any third-party websites you visit. The inclusion of any link to a third-party website does not imply our endorsement, sponsorship, or recommendation of that website or its content.

15. Privacy Policy

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

To the extent applicable, our data practices comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), the Federal Trade Commission Act, and all other applicable federal and state privacy laws.

16. Electronic Communications

By using our Website and providing your contact information, you consent to receive electronic communications from us, including order confirmations, receipts, promotional messages, and service notifications. These electronic communications satisfy any legal requirement that communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe instructions contained in such messages or by contacting us directly.

17. Force Majeure

Pequod's Pizza shall not be held liable or responsible for any failure or delay in the performance of its obligations under these Terms arising out of or caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, fire, floods, pandemics, epidemics, government actions or restrictions, labor disputes, power outages, telecommunications failures, or internet disruptions. In such circumstances, we will make reasonable efforts to resume normal operations as soon as practicable.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published on the Website, constitute the entire agreement between you and Pequod's Pizza with respect to your use of the Website and our services. They supersede all prior and contemporaneous negotiations, discussions, representations, warranties, and agreements, whether written or oral, between you and us concerning the subject matter herein.

19. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, unlawful, void, or unenforceable for any reason, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the intent of the original provision to the extent permitted by applicable law.

20. Waiver

No failure or delay by Pequod's Pizza in exercising any right, power, or privilege under these Terms shall operate as a waiver of such right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. A waiver of any default shall not constitute a waiver of any subsequent default of the same or different kind.

21. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any purported assignment in violation of this provision shall be null and void. We may freely assign or transfer these Terms or any rights and obligations hereunder, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

22. Headings

Section headings used in these Terms are for convenience and organizational purposes only and shall not affect the interpretation or construction of any provision contained herein.

23. Contact Information

If you have any questions, concerns, or comments 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 contact details: