Terms of Service

1.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years old or have parental/guardian consent
• Have the legal capacity to enter into binding contracts
• Reside in our delivery area within the United States
• Provide accurate and complete registration information
• Comply with all applicable local, state, and federal laws

1.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any security breach.

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes via email or website notice. Your continued use of our Services after changes become effective constitutes acceptance of the new Terms.

3.1 Permitted Use

You may use our Services for legitimate, lawful purposes only, including:

• Personal, non-commercial use of our website and ordering platform
• Placing orders for food delivery or pickup within our service areas
• Accessing information about our menu, locations, and services
• Participating in promotional offers and loyalty programs
• Providing feedback and reviews about our services
• Communicating with our customer service team

3.2 Prohibited Use

You agree not to use our Services for any of the following prohibited activities:

• Illegal activities or violations of local, state, or federal laws
• Harassment, abuse, or harmful behavior toward other users or our staff
• Unauthorized access attempts to our systems or user accounts
• Intellectual property violations, including unauthorized copying or distribution
• Sending spam, unsolicited communications, or malicious content
• Providing false, misleading, or fraudulent information
• Interfering with or disrupting our systems, servers, or networks
• Reverse engineering, decompiling, or attempting to extract source code
• Commercial use without express written permission
• Automated data collection or scraping without authorization

4.1 Registration Requirements

To access certain features of our Services, you must create an account by providing:

• Valid name and contact information
• Accurate delivery address within our service zones
• Working phone number for order coordination
• Valid email address for account communications
• Secure password meeting our security requirements

4.2 Account Security

You are solely responsible for maintaining the security and confidentiality of your account login credentials. You must immediately notify us if you suspect unauthorized access to your account.

4.3 Account Termination

We reserve the right to suspend or terminate your account at our discretion if you violate these Terms, engage in fraudulent activity, or for any other reason we deem necessary to protect our business or other users.

5.1 Food Safety and Standards

Mod Pizza is committed to maintaining the highest food safety and hygiene standards. We comply with all applicable food safety regulations and health department requirements. However, we cannot guarantee that our food products are suitable for individuals with specific dietary restrictions or allergies.

5.2 Allergen Information

IMPORTANT ALLERGEN DISCLAIMER: Our kitchen handles common allergens including wheat, dairy, eggs, soy, nuts, and other potential allergens. While we take precautions, we cannot guarantee that any menu item is completely free from allergens due to shared cooking spaces and equipment. Customers with food allergies should exercise caution and consult with management before ordering.

5.3 Product Descriptions and Pricing

We strive to provide accurate descriptions and pricing for all menu items. However, we reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

5.4 Order Acceptance and Processing

All orders are subject to acceptance by Mod Pizza. We reserve the right to refuse or cancel orders for any reason, including but not limited to:

• Product unavailability or out-of-stock items
• Pricing or product information errors
• Inability to verify payment information
• Delivery address outside our service zones
• Suspected fraudulent activity
• Violation of these Terms of Service

5.5 Minimum Order Requirements

Delivery orders may be subject to minimum order amounts, which vary by location and may change without notice. Current minimum order requirements are displayed during the ordering process.

5.6 Delivery Terms and Timing

Delivery service is available within our designated delivery zones. Estimated delivery times are provided for convenience but are not guaranteed. Actual delivery times may vary based on weather, traffic, order volume, and other factors beyond our control.

• Standard delivery time: 30-45 minutes
• Peak hours may experience longer delivery times
• Weather conditions may affect delivery availability
• Delivery fees apply and vary by location and distance

5.7 Temperature-Sensitive Items

We take special care to maintain proper temperatures for hot and cold food items during delivery. However, temperature may vary during transport, and we recommend consuming delivered food promptly upon arrival.

5.8 Order Modifications and Cancellations

Order modifications or cancellations may be possible if requested immediately after placing the order and before preparation begins. Once food preparation has started, orders cannot be modified or cancelled. Please contact us at +1 303-455-9463 for assistance.

5.9 Payment Terms

Payment is required at the time of order placement. We accept major credit cards, debit cards, and other approved payment methods. All prices are in USD and include applicable taxes.

5.10 Food Quality Guarantee

We stand behind the quality of our food. If you are not satisfied with your order, please contact us within 24 hours of delivery, and we will work to resolve the issue appropriately. Our refund and return policies are detailed in our separate Refund Policy document.

6.1 Our Ownership Rights

All content on our Services, including but not limited to text, graphics, logos, images, audio clips, video, software, and other materials, is owned by or licensed to Mod Pizza and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes only, subject to these Terms.

6.3 User Content License

By submitting content to our Services (such as reviews, photos, or comments), you grant us a worldwide, royalty-free, perpetual license to use, modify, and display such content in connection with our business operations.

6.4 Copyright Infringement Reporting

If you believe that content on our Services infringes your copyright, please contact us at [email protected] with detailed information about the alleged infringement.

7.1 Responsibility for Your Content

You are solely responsible for any content you submit, post, or transmit through our Services. You represent that you have all necessary rights to share such content and that it does not violate any laws or third-party rights.

7.2 Prohibited Content

You may not submit content that is:

• Illegal, harmful, threatening, abusive, or defamatory
• Infringing on intellectual property rights
• Contains personal information of others without consent
• Spam, advertising, or promotional material
• Obscene, vulgar, or otherwise objectionable
• False, misleading, or fraudulent

7.3 Content Removal Rights

We reserve the right to review, edit, or remove any user content at our discretion, with or without notice, for any reason including violation of these Terms.

8.1 Service Availability

We do not warrant that our Services will be uninterrupted, error-free, or completely secure. Technical difficulties, maintenance, or other factors may temporarily limit access to our Services.

8.2 Third-Party Content

We are not responsible for the accuracy, completeness, or reliability of third-party content, links, or services that may be accessible through our platform.

8.3 Professional Advice Disclaimer

Information provided through our Services is for general informational purposes only and should not be considered as professional medical, nutritional, or dietary advice.

9.1 Maximum Liability

Our total liability to you for all claims arising from or related to our Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

9.2 Essential Purpose

The limitations of liability set forth in this section shall apply even if any limited remedy fails of its essential purpose.

12.1 Termination by Company

We may terminate or suspend your account and access to our Services immediately, without prior notice, for any reason including violation of these Terms.

12.2 Termination by User

You may terminate your account at any time by contacting us at [email protected] or through your account settings.

12.3 Effect of Termination

Upon termination, your right to use our Services will cease immediately. Sections relating to intellectual property, disclaimers, limitation of liability, and indemnification shall survive termination.

13.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

13.3 Jurisdiction and Venue

Any legal proceedings that cannot be resolved through arbitration shall be brought exclusively in the state and federal courts located in Denver, Colorado.

13.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on our Services, constitute the entire agreement between you and Mod Pizza concerning your use of our Services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.