Terms of Service

Effective Date: April 2, 2026  |  Last Updated: April 2, 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"), the operator of the website located at pequodspizzas.digital. This Agreement governs your access to and use of all content, services, features, and functionality offered through our Website, including but not limited to online ordering, account registration, loyalty programs, promotions, and any other digital services we provide.

By visiting, browsing, registering for an account, placing an order, or otherwise interacting with the Website, you affirm that:

• You are at least eighteen (18) years of age, or are accessing the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms;
• You have the legal capacity and authority to enter into this Agreement;
• You will use the Website in compliance with all applicable federal, state, and local laws, rules, and regulations;
• All information you provide to us is accurate, current, and complete.

If you are using the Website on behalf of a business entity, 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 both you personally and that entity.

2. Description of Services

Pequod's Pizza operates as a food service business providing customers with the ability to browse our menu offerings, place online orders for pickup or delivery, create and manage user accounts, participate in promotional offers, and engage with our brand through various digital touchpoints available on our Website.

Our services include, but are not limited to:

• Online Food Ordering: Customers may place orders for food and beverages, including our signature deep-dish pizzas, appetizers, salads, desserts, and beverages, through the Website for in-store pickup or delivery where available.
• Account Management: Users may register for an account to save preferences, view order history, store payment methods, and manage personal information.
• Promotions and Loyalty Programs: We may, from time to time, offer promotional discounts, loyalty rewards, coupons, or special offers through the Website.
• Nutritional and Allergen Information: We endeavor to provide accurate nutritional and allergen information; however, we cannot guarantee complete accuracy due to variations in ingredients and preparation methods.
• Customer Communications: With your consent, we may send you marketing communications, order confirmations, and service-related notifications via email or other digital channels.

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

3. User Accounts and Registration

To access certain features of the Website, including placing orders, you may be required to create a user account. By registering for an account, you agree to:

• Provide accurate, complete, and current information during the registration process;
• Maintain and promptly update your account information to keep it accurate and current;
• Maintain the confidentiality and security of your account credentials, including your password;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, third parties, or our business interests.

You may not transfer, assign, or share your account credentials with any other person. We are not liable for any loss or damage arising from your failure to comply with these account security obligations.

4. User Obligations and Prohibited Activities

Your use of the Website must comply with all applicable federal, state, and local laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the CAN-SPAM Act, and any applicable state consumer protection statutes.

You agree that you will use the Website solely for lawful purposes and in a manner consistent with these Terms. You expressly agree that you will not:

• Use the Website for any fraudulent, misleading, or deceptive purpose, including submitting false orders or payment information;
• Attempt to gain unauthorized access to any portion of the Website, our servers, databases, or any connected systems;
• Use any automated tools, bots, scrapers, spiders, crawlers, or similar technologies to extract data from the Website without our prior written consent;
• Transmit any viruses, malware, trojans, ransomware, or any other malicious code or software that may disrupt, damage, or impair the functionality of the Website;
• Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Website;
• Post, upload, or transmit any content that is unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, or otherwise objectionable;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Use the Website to send unsolicited commercial communications (spam);
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive source code from any portion of the Website;
• Violate any applicable local, state, national, or international law or regulation;
• Engage in any activity that places an unreasonable or disproportionately large load on our infrastructure;
• Use the Website in any manner that could damage our reputation or the goodwill associated with the Pequod's Pizza brand;
• Circumvent, remove, alter, or otherwise tamper with any security-related features of the Website.

Violation of any of the foregoing prohibitions may result in immediate termination of your account, denial of access to the Website, and may expose you to civil and/or criminal liability.

5. Ordering, Pricing, and Payment Terms

5.1 Order Placement and Acceptance

All orders placed through the Website constitute an offer to purchase the selected food items and are subject to our acceptance. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to situations where the item is no longer available, where pricing errors have occurred, or where we suspect fraudulent activity. An order confirmation email or on-screen confirmation does not constitute our final acceptance of an order.

5.2 Pricing

All prices displayed on the Website are listed in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales taxes, delivery fees, service charges, or gratuity unless expressly stated. We make every effort to ensure that pricing information is accurate; however, in the event of a pricing error, we reserve the right to cancel the affected order and notify you accordingly.

5.3 Payment

We accept major credit cards, debit cards, and other payment methods as specified on the Website at the time of checkout. By providing payment information, you represent and warrant that:

• You are authorized to use the designated payment method;
• The payment information you provide is accurate and complete;
• You authorize us to charge your selected payment method for the total amount of your order, including applicable taxes and fees.

All payment transactions are processed through secure third-party payment processors. We do not store your full credit card or payment card information on our servers. Your use of third-party payment services is subject to those providers' terms and conditions.

5.4 Taxes

We are required by law to collect applicable sales tax on orders as required by applicable federal, state, and local tax laws. The applicable tax rate will be calculated and displayed at checkout. You are responsible for any applicable taxes that we are legally required to collect.

5.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been submitted and preparation has begun. If you believe you received an incorrect or unsatisfactory order, please contact us at [email protected] within twenty-four (24) hours of the order. Refunds or replacements are issued at our sole discretion on a case-by-case basis.

6. Intellectual Property Rights

The Website and all of its content, including but not limited to text, graphics, logos, images, photographs, menu designs, trade dress, software, digital downloads, data compilations, and all other material appearing on the Website (collectively, the "Content"), are the exclusive property of Pequod's Pizza and/or its licensors and are protected by applicable United States and international intellectual property laws, including copyright law (17 U.S.C. § 101 et seq.), trademark law (15 U.S.C. § 1051 et seq.), and other proprietary rights.

The Pequod's Pizza name, logo, trade dress, and all related marks, product names, and slogans are trademarks and service marks of Pequod's Pizza. You may not use any of our trademarks, service marks, trade names, or logos without our prior 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 the Website solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, copy, or distribute any Content without our express written consent;
• Modify, adapt, translate, or create derivative works based on any Content;
• Use any Content for commercial purposes or for any public display;
• Remove or alter any copyright, trademark, or other proprietary notices;
• Frame or mirror any Content on any other website or digital platform.

Any unauthorized use of the Content or the Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. All rights not expressly granted herein are reserved.

7. Third-Party Links and Services

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

When you leave our Website and navigate to a third-party site, you do so at your own risk. We encourage you to review the terms and privacy policies of any third-party website you visit. Your interactions with third parties, including payment processors and delivery service partners, are governed solely by their own terms and conditions.

8. Disclaimers — Services Provided "As Is"

THE WEBSITE AND ALL SERVICES, CONTENT, AND INFORMATION PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.

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;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION DISPLAYED ON THE WEBSITE, INCLUDING MENU DESCRIPTIONS, PRICING, AND NUTRITIONAL INFORMATION;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE.

We do not warrant that any defects or errors in the Website will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components. You assume the entire cost of all necessary servicing, repair, or correction arising from your use of the Website.

Nutritional, allergen, and ingredient information provided on the Website is offered for general informational purposes only and may not reflect variations in individual store preparation. Customers with food allergies or dietary restrictions should contact us directly before ordering.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, IN NO EVENT SHALL PEQUOD'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE WEBSITE OR OUR SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• DAMAGES ARISING FROM ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• DAMAGES ARISING FROM ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE WEBSITE BY ANY THIRD PARTY.

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IN ANY CASE, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

10. Indemnification

You agree to defend, indemnify, and hold harmless Pequod's Pizza and its affiliates, officers, directors, employees, contractors, agents, licensors, 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 relating to:

• Your violation of these Terms or any applicable law or regulation;
• Your use of or access to the Website, including any data or content transmitted by you;
• Your infringement of any third-party intellectual property rights;
• Your breach of any representations or warranties made by you in connection with your use of the Website;
• Any claim by a third party arising from your conduct or your use of the Website;
• Any fraudulent, negligent, or willful misconduct by you.

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

11. Privacy and Data Protection

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

To the extent that you reside in California, you may have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), including the right to know, the right to delete, the right to opt-out of the sale of personal information, and the right to non-discrimination for exercising your privacy rights. Please refer to our Privacy Policy for more information on how to exercise these rights.

12. Food Safety and Allergen Notice

Pequod's Pizza takes food safety seriously. Our food products are prepared in kitchen environments that may handle common allergens, including but not limited to wheat, dairy, eggs, soy, tree nuts, peanuts, fish, and shellfish. We cannot guarantee that any menu item is completely free from allergens. Customers with known food allergies or sensitivities should exercise caution and contact us directly prior to placing an order to discuss their dietary needs.

Pequod's Pizza shall not be held liable for any adverse reactions, health consequences, or damages arising from undisclosed allergens unless such liability arises from our gross negligence or willful misconduct.

13. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website, or the services provided by Pequod's Pizza shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to its conflict of law principles.

Subject to the dispute resolution provisions set forth in Section 14 below, you agree that any legal action or proceeding arising out of or related to these Terms or the Website shall be brought exclusively in a court of competent jurisdiction in the United States. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

These Terms are subject to applicable federal consumer protection law, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which prohibits unfair or deceptive acts or practices in commerce.

14. Dispute Resolution

14.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof, the parties agree to first attempt to resolve the matter through good-faith informal negotiation. You must notify us of any dispute by sending written notice to [email protected] describing the nature of the dispute, the relief sought, and your contact information. We will attempt to respond within thirty (30) days of receiving notice. If we are unable to resolve the dispute informally within sixty (60) days, either party may proceed to arbitration as described below.

14.2 Binding Arbitration

EXCEPT WHERE PROHIBITED BY LAW, ANY DISPUTE THAT CANNOT BE RESOLVED INFORMALLY SHALL BE FINALLY RESOLVED BY BINDING INDIVIDUAL ARBITRATION CONDUCTED IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) CONSUMER ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH, AND THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

The arbitrator shall have the authority to award the same remedies, damages, and relief that a court could award, including injunctive or declaratory relief and attorneys' fees, to the extent permitted by applicable law.

14.3 Class Action Waiver

YOU AND PEQUOD'S PIZZA EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND PEQUOD'S PIZZA EACH WAIVE ANY RIGHT TO A JURY TRIAL.

14.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent imminent harm, irreparable injury, or to protect intellectual property rights pending arbitration, without waiving the right to arbitrate the underlying dispute.

15. Electronic Communications

By using the Website and providing us with your email address, you consent to receive electronic communications from us, including order confirmations, account-related notices, and promotional messages. These electronic communications satisfy any legal requirement that such communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe instructions contained in those messages or by contacting us at [email protected]. Note that you may not opt out of transactional or account-related communications.

16. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Website or maintain an account with us. You may terminate your account at any time by contacting us at [email protected] and requesting account deletion.

We reserve the right, in our sole discretion and without prior notice or liability, to terminate or suspend your access to the Website and/or your account immediately, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Conduct that we determine, in our sole judgment, is harmful to other users, our business, or third parties;
• Fraudulent, abusive, or illegal activity;
• Non-payment of amounts owed to us.

Upon termination:

• Your right to access and use the Website shall immediately cease;
• All licenses and rights granted to you under these Terms shall immediately terminate;
• You must immediately cease all use of the Website and any Content.

Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 13 (Governing Law), 14 (Dispute Resolution), and 18 (Severability).

17. Changes to Terms

We reserve the right to amend, modify, update, or replace these Terms at any time 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 appropriate, notify you by email or through a prominent notice on the Website.

Your continued use of the Website following the posting of revised Terms constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically to stay informed of any changes. If you do not agree to the modified Terms, you must discontinue use of the Website immediately.

We will not retroactively apply material changes to these Terms to disputes that arose prior to the date of the update, unless required by applicable law.

18. Severability

If any provision of these Terms is found to be unlawful, void, invalid, or unenforceable by a court of competent jurisdiction or an arbitrator, such provision shall be deemed severed from these Terms to the minimum extent necessary, and shall not affect the validity and enforceability of any remaining provisions. The remaining provisions of these Terms shall continue in full force and effect. The invalid or unenforceable provision shall be modified only to the extent necessary to make it valid and enforceable while preserving, to the greatest extent possible, the original intent of the parties.

19. Entire Agreement and Waiver

These Terms, together with our Privacy Policy and any other policies or notices published on the Website, constitute the entire agreement between you and Pequod's Pizza with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Website and your use thereof.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any provision of these Terms shall be effective only if given in writing and signed by an authorized representative of Pequod's Pizza. No waiver shall be construed as a continuing waiver of the same or any other provision.

20. Force Majeure

Pequod's Pizza shall not be liable for any failure or delay in performance of its obligations under these Terms arising from or attributable to causes beyond our reasonable control, including but not limited to acts of God, fire, flood, earthquake, pandemic, epidemic, government restrictions, war, terrorism, labor disputes, power outages, internet service interruptions, or third-party service failures. In such events, we will make reasonable efforts to notify affected users and resume services as soon as practicable.

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 section shall be null and void. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

22. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you wish to report a potential violation of these Terms, please contact us using the information below:

We are committed to addressing your concerns in a prompt and professional manner. For general inquiries about orders, menu items, or service issues, please use the contact information above. We strive to respond to all inquiries within three (3) business days.