Terms of Service

Please read these Terms of Service carefully before using the website located at deweyspizza-eat.top or placing any order through our platform. By accessing or using our website and services, you agree to be bound by these Terms of Service in their entirety.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Dewey's Pizza ("Company," "we," "us," or "our"), governing your access to and use of the website deweyspizza-eat.top, including all content, features, products, and services available through it (collectively, the "Services").

By visiting our website, creating an account, placing an order, or otherwise interacting with our Services in any way, 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 do not agree to these Terms, you must immediately discontinue use of our website and Services.

These Terms apply to all visitors, registered users, customers, and any other persons who access or use our Services. If you are using our Services 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 in such cases, "you" refers to that entity.

You must be at least eighteen (18) years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement. If you are under the age of eighteen (18), you may only use our Services under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Dewey's Pizza is a food service business that operates through the website deweyspizza-eat.top. We offer customers the ability to browse our menu, place online food orders, schedule deliveries or pick-up orders, make payments, and engage with our brand online. Our Services include, but are not limited to:

• Online ordering of pizzas, appetizers, beverages, desserts, and other food and drink items featured on our menu;
• Delivery and carry-out order fulfillment, subject to availability in your area;
• Account registration and management for returning customers;
• Promotional offers, loyalty rewards, discount codes, and special deals;
• Customer support and order tracking functionalities;
• Informational content about our business, ingredients, allergens, nutritional information, and locations.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation. Menu items, prices, availability, and operating hours are subject to change without notice and may vary by location.

All food orders placed through our website are subject to availability and acceptance by our team. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to orders that appear fraudulent, involve incorrect pricing due to system errors, or cannot be fulfilled due to ingredient availability or operational constraints.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order, including your full name, valid delivery address, contact number, and payment information;
• Maintain the security and confidentiality of your account credentials and not share your login information with any third party;
• Promptly notify us of any unauthorized use of your account or any other breach of security;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances when using our Services;
• Use our Services only for lawful, personal, non-commercial purposes unless you have obtained prior written authorization from us;
• Be present at the designated delivery address at the time of scheduled delivery or promptly available for pick-up orders;
• Treat our employees, contractors, and delivery personnel with respect and courtesy.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities in connection with our Services:

• Using our website or Services for any unlawful purpose or in violation of any local, state, federal, or international law or regulation;
• Attempting to gain unauthorized access to any portion of our website, servers, databases, or other computer systems connected to our Services;
• Introducing viruses, Trojan horses, worms, malware, ransomware, or other malicious or technologically harmful code;
• Engaging in any form of automated data collection, scraping, crawling, or harvesting of content from our website without our express written consent;
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• Using our Services to transmit unsolicited commercial communications, spam, or bulk messaging;
• Placing fraudulent orders, providing false payment information, or engaging in any form of payment fraud or chargeback abuse;
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive source code from our website or Services;
• Interfering with or disrupting the integrity or performance of our Services or the data contained therein;
• Using our trademarks, logos, or branding without our prior express written permission;
• Posting, transmitting, or distributing defamatory, obscene, offensive, or otherwise objectionable content through any communication channels we provide;
• Reselling, sublicensing, or commercially exploiting our Services or any content obtained through our Services without written authorization.

Violation of any of the above prohibitions may result in immediate termination of your account, cancellation of pending orders, and, where warranted, referral to appropriate law enforcement authorities. We reserve the right to cooperate fully with law enforcement agencies in the investigation of users who violate these Terms.

4. Account Registration

To access certain features of our Services, such as order history, saved payment methods, and loyalty rewards, you may be required to register for an account. When registering, you agree to provide truthful, accurate, and complete information. You are responsible for maintaining the confidentiality of your password and account information and for all activities that occur under your account.

You may not use another person's account without permission, create accounts using automated means, or create an account for anyone other than yourself without proper authorization. We reserve the right to terminate or suspend accounts that violate these Terms, contain false information, or have been inactive for an extended period of time.

5. Intellectual Property Rights

All content available on our website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof (collectively, "Content"), is the exclusive property of Dewey's Pizza or its content suppliers and is protected by United States copyright, trademark, trade dress, and other applicable intellectual property laws.

The Dewey's Pizza name, logo, trade dress, and all related marks are trademarks or registered trademarks of Dewey's Pizza in the United States. You are prohibited from using any of our trademarks or trade dress in connection with any product or service that is not affiliated with us, in any manner likely to cause confusion among customers, or in any manner that disparages or discredits Dewey's Pizza.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and Services solely for your personal, non-commercial use in accordance with these Terms. This license does not include the right to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services for commercial purposes;
• Modify or create derivative works based on our Content;
• Use any data mining, robots, or similar data gathering and extraction tools;
• Download or copy account information for the benefit of another merchant.

Any unauthorized use of our Content or Services immediately terminates the license granted herein. If you believe that any content on our website infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement.

6. Payment Terms

6.1 Pricing and Charges

All prices listed on our website are in United States Dollars (USD) and are subject to applicable sales taxes, delivery fees, and service charges as required by law and as displayed at the time of checkout. Prices are subject to change without prior notice. We make every effort to display accurate pricing; however, in the event of a pricing error, we reserve the right to cancel orders placed at an incorrect price and notify you promptly.

6.2 Payment Methods

We accept various forms of payment as indicated on our website at the time of ordering. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that the payment information provided is accurate and complete. You authorize us to charge the full amount of your order to the payment method you provide.

6.3 Order Confirmation

An order confirmation sent to your email address does not constitute our acceptance of your order. We reserve the right to cancel or refuse any order at any time for reasons including but not limited to item unavailability, suspected fraud, or errors in pricing or product descriptions. In the event of a cancellation after payment has been processed, we will issue a full refund to your original payment method.

6.4 Refunds and Cancellations

Refund and cancellation policies vary based on the circumstances of each order. Due to the perishable nature of food products, all sales are generally considered final once food preparation has begun. However, if you receive an incorrect, incomplete, or unsatisfactory order, please contact us immediately at [email protected], and we will work to address your concern appropriately, which may include a replacement order or a credit to your account.

6.5 Taxes

You are responsible for all applicable local, state, and federal taxes, duties, and fees associated with your purchases. We collect and remit sales taxes as required by applicable law in the jurisdictions where we operate.

7. Delivery Terms

Delivery availability, estimated delivery times, and minimum order requirements vary by location and are subject to change. Estimated delivery times provided at checkout are estimates only and are not guaranteed. We are not liable for delays caused by traffic, weather conditions, high order volumes, or other circumstances beyond our reasonable control.

You are responsible for providing an accurate and accessible delivery address. If our delivery personnel are unable to complete delivery due to an inaccessible address, incorrect address information, or the absence of an authorized recipient, we reserve the right to treat the order as fulfilled and no refund will be issued.

Risk of loss and title for food items ordered through our Services passes to you upon delivery to the address you provided. We are not responsible for food quality degradation that occurs after delivery has been completed.

8. Food Allergen and Nutritional Information

We make reasonable efforts to provide accurate information regarding ingredients, allergens, and nutritional content of our food products on our website. However, our food is prepared in kitchens where allergens such as gluten, nuts, dairy, eggs, soy, and other common allergens are present. We cannot guarantee that any menu item is completely free from any particular allergen.

If you have food allergies, dietary restrictions, or specific nutritional concerns, we strongly encourage you to contact us directly before placing your order. We disclaim all liability for allergic reactions, adverse health effects, or dietary concerns arising from consumption of our food products. The responsibility for making informed dietary choices remains with you.

9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DEWEY'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 OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON OUR WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

No advice or information, whether oral or written, obtained by you from Dewey's Pizza or through our Services shall create any warranty not expressly stated herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL DEWEY'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY OF THE FOLLOWING:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA;
• DAMAGES ARISING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH OUR SERVICES;
• DAMAGES ARISING FROM ANY FOOD PRODUCT CONSUMED AFTER A REASONABLE PERIOD FROM DELIVERY.

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

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DEWEY'S PIZZA AND YOU. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless Dewey's Pizza, its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, 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 of Service;
• Your use of our Services in a manner not expressly authorized by these Terms;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights;
• Any false, inaccurate, or misleading information you provide to us;
• Your violation of any applicable local, state, federal, or international law or regulation;
• Any dispute between you and another user of our Services or a third party.

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which event you agree to cooperate fully with us in asserting any available defenses. You shall not settle any such claim without our prior written consent.

12. Third-Party Links and Services

Our website may contain links to third-party websites, platforms, or services that are not owned or controlled by Dewey's Pizza. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. We do not endorse any products, services, or content offered by third parties.

We strongly advise you to read the terms and privacy policies of any third-party websites you visit. Your interactions with third-party services are governed solely by their respective terms and policies, and Dewey's Pizza shall not be a party to or in any way responsible for any transaction between you and any third-party service provider.

13. Privacy and Data Protection

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

To the extent you are a resident of California, additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) may apply to you as described in our Privacy Policy. We are committed to complying with all applicable United States federal and state privacy laws, including the Federal Trade Commission Act (FTC Act) regarding unfair or deceptive practices related to consumer data.

14. 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 our Services, or any food products ordered through our platform shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to any conflict of law principles that would require the application of the laws of another jurisdiction.

Any legal action or proceeding arising under or relating to these Terms that is not subject to arbitration as set forth in Section 15 below shall be brought exclusively in the appropriate federal or state courts having jurisdiction, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such proceedings.

These Terms are also subject to all applicable United States federal laws and regulations, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) with respect to consumer protection standards, and the Computer Fraud and Abuse Act (18 U.S.C. § 1030) with respect to unauthorized computer access.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our Services ("Dispute"), we encourage you to first contact us directly to seek an informal resolution. Please send a written description of your Dispute to [email protected]. We will attempt to resolve any Dispute informally within thirty (30) days of receiving your notice.

15.2 Binding Arbitration

If we are unable to resolve a Dispute informally within thirty (30) days, you and Dewey's Pizza agree to resolve any and all Disputes through final and binding arbitration, rather than in court, except as provided below. The arbitration shall be conducted by a recognized arbitration institution in accordance with its then-current rules and procedures for consumer disputes. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND DEWEY'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 ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

15.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Additionally, any Dispute involving a claim of less than Five Hundred Dollars ($500.00 USD) may be brought in small claims court, provided the matter remains in that court and is pursued only on an individual basis.

16. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use our Services. We reserve the right, in our sole discretion, to suspend or terminate your account and access to our Services at any time, with or without cause or notice, including but not limited to situations where:

• You have breached any provision of these Terms;
• You engage in conduct that we determine, in our sole discretion, to be harmful, disruptive, or unlawful;
• We are required to do so by applicable law or government order;
• We have decided to discontinue providing the Services or any portion thereof;
• Your account has been compromised or we have reason to believe your account is being used fraudulently.

Upon termination of your account or access to our Services, all licenses and rights granted to you under these Terms will immediately cease. Provisions of these Terms that by their nature should survive termination — including without limitation ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability — shall survive any termination or expiration of these Terms.

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

17. Changes to Terms of Service

We reserve the right to update, revise, or modify these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will notify you by updating the "Last Updated" date at the top of this page and, where appropriate, by sending a notification to the email address associated with your account or by displaying a prominent notice on our website.

Your continued use of our website or Services after any such changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately discontinue use of our Services and may request account deletion as described above. We encourage you to review these Terms periodically to stay informed of any updates.

We may also update our menu, pricing, delivery areas, service hours, and other operational aspects of our Services at any time without notice. Such operational changes do not constitute modifications to these Terms and shall take effect immediately upon implementation.

18. Force Majeure

Dewey's Pizza shall not be liable for any delay or failure to perform its obligations under these Terms resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, government actions or restrictions, labor disputes or strikes, supply chain disruptions, power outages, internet or telecommunications failures, acts of terrorism or civil unrest, or any other cause beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will notify you as soon as reasonably practicable and will use commercially reasonable efforts to resume normal operations. Orders that cannot be fulfilled due to a Force Majeure Event will be cancelled and fully refunded to your original payment method.

19. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or an authorized arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any one provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect.

The remaining provisions of these Terms shall continue to be valid and enforceable, and the parties shall negotiate in good faith a valid and enforceable substitute provision that most nearly gives effect to the intent of the original provision. No waiver by either party of any breach or default of any provision of these Terms shall be deemed a waiver of any subsequent breach or default.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on our website, constitute the entire agreement between you and Dewey's Pizza concerning your use of our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

No failure or delay by Dewey's Pizza in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

These Terms are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate these Terms and any rights and licenses granted hereunder without your consent. These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Dewey's Pizza.

21. Electronic Communications and Consent

By using our Services, you consent to receiving electronic communications from us, including emails, text messages (if you have provided your phone number and opted in), and notifications through our website. These communications may include order confirmations, updates, promotional offers, and notices related to these Terms. You agree that all electronic communications we send to you satisfy any legal requirement that such communications be in writing.

You may opt out of receiving promotional communications at any time by following the unsubscribe instructions in such communications or by contacting us directly. Please note that opting out of promotional communications will not affect your receipt of transactional communications related to your account or orders.

22. Accessibility

Dewey's Pizza is committed to making our website accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our website or using our Services, please contact us at [email protected], and we will make reasonable efforts to accommodate your needs.

23. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, please contact us using the information below. We are committed to responding to all inquiries in a timely manner.

All written notices required or permitted under these Terms shall be sent to the email address listed above. Notices sent by email shall be deemed delivered upon confirmation of receipt by our team. We will make every reasonable effort to respond to your inquiry within five (5) business days.