Terms of Service

Please read these Terms of Service carefully before using the website pizzaluce-eat.digital or any services offered by Pizza Luce. By accessing or using our website and services, you agree to be legally bound by these Terms of Service in their entirety. If you do not agree to these terms, you must not access or use our website or services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Pizza Luce ("Company," "we," "us," or "our"), governing your access to and use of the website located at pizzaluce-eat.digital (the "Website"), as well as any related services, features, content, applications, and functionality offered by Pizza Luce (collectively, the "Services").

By accessing, browsing, or using our Website or Services, placing an order, creating an account, or otherwise engaging with Pizza Luce in any capacity, 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.

These Terms apply to all visitors, users, customers, and others who access or use the Services. You represent and warrant that you are at least eighteen (18) years of age, or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding agreement. If you are using our Services on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind such entity to these Terms.

We reserve the right to update, modify, or replace these Terms at any time in our sole discretion. Your continued use of the Website or Services after any changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

2. Description of Services

Pizza Luce is a food service company operating in the United States. Our Services include, but are not limited to, the following:

• Online Food Ordering: We provide an online platform through which customers may browse our menu and place orders for food and beverages, including pizzas, appetizers, salads, desserts, beverages, and other menu items.
• Delivery Services: Subject to availability in your area, we offer delivery of food orders directly to your specified delivery address.
• Pickup/Carryout Services: Customers may place orders online for in-store pickup or carryout at participating Pizza Luce locations.
• Catering Services: We may offer catering options for special events, corporate gatherings, and other occasions, subject to advance booking and availability.
• Account Management: Registered users may create and manage personal accounts to track orders, save preferences, manage payment methods, and access promotional offers.
• Promotional Offers and Loyalty Programs: From time to time, we may offer special promotions, discounts, loyalty points, or rewards programs subject to their own applicable terms and conditions.
• Customer Support: We provide customer service to assist with inquiries, complaints, and issues related to our food products and Services.

Pizza Luce reserves the right, in its sole discretion, to modify, suspend, discontinue, or restrict access to any portion of the Services at any time, with or without notice, and without liability to you or any third party. We may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.

The availability of specific menu items, delivery zones, pricing, and promotional offers may vary by location and are subject to change at any time without prior notice. We do not guarantee the continuous availability of any particular item, service, or feature.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Services, you agree to the following obligations:

• You will provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with our Services.
• You will maintain the security and confidentiality of your account credentials, including your username and password, and immediately notify us of any unauthorized use of your account.
• You are solely responsible for all activity that occurs under your account.
• You will use the Services only for lawful purposes and in accordance with these Terms.
• You will comply with all applicable local, state, federal, and international laws, regulations, and ordinances in connection with your use of the Services.
• You will promptly pay all amounts due for any orders or Services you purchase.
• You will provide a valid delivery address and ensure that someone is available to receive your order at the time of delivery.

3.2 Prohibited Activities

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

• Fraudulent Conduct: Using false, misleading, or fraudulent information in connection with any order, account registration, or interaction with our Services, including providing fraudulent payment information or chargebacks without valid basis.
• Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, or any of our servers, by hacking, password "mining," or any other illegitimate means.
• Harmful Code: Uploading, transmitting, or distributing any viruses, malware, spyware, Trojan horses, worms, or any other malicious or harmful code through or in connection with our Website.
• Interference: Interfering with or disrupting the integrity or performance of the Website, the Services, or any data contained therein, or attempting to do so.
• Scraping and Data Mining: Using automated means such as robots, spiders, scrapers, or crawlers to access, scrape, index, or data mine our Website or its content without our express written consent.
• Impersonation: Impersonating any person or entity, including any employee, representative, or affiliate of Pizza Luce, or falsely stating or misrepresenting your affiliation with any person or entity.
• Harassment: Engaging in any conduct that harasses, threatens, intimidates, or otherwise harms any individual, including our employees, contractors, or other users.
• Illegal Activities: Using our Services to engage in or facilitate any illegal or unauthorized activity, including but not limited to violating any intellectual property rights, privacy rights, or consumer protection laws.
• Commercial Exploitation: Using our Website or content for any unauthorized commercial purpose, including reselling our products or Services without our express written consent.
• Account Sharing: Sharing, selling, or transferring your account credentials or access to any third party without our prior written consent.
• Abuse of Promotions: Creating multiple accounts or using any fraudulent means to abuse promotional offers, discounts, loyalty points, or coupon codes.

Violation of any of the prohibited activities listed above may result in the immediate suspension or termination of your account and access to our Services, as well as potential legal action where appropriate under applicable law.

4. Intellectual Property Rights

All content, materials, and information available on the Website or through our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, menu designs, recipes, photographs, trademarks, trade dress, and the overall look and feel of the Website (collectively, "Content"), are the exclusive property of Pizza Luce or its licensors and are protected by applicable United States intellectual property laws, including but not limited to the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable federal and state intellectual property laws.

All trademarks, service marks, trade names, logos, and slogans used on our Website, including "Pizza Luce," are the proprietary marks of Pizza Luce or its licensors. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Pizza Luce without our prior express written consent.

Subject to your compliance with these Terms, Pizza Luce grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with ordering food and using our Services. This license does not include the right to:

• Reproduce, copy, distribute, publicly display, or create derivative works based on any Content;
• Sell, resell, or commercially exploit any Content or the Services;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Content;
• Use the Content for any purpose other than as expressly permitted by these Terms.

Any unauthorized use of our intellectual property is strictly prohibited and may constitute a violation of federal and state laws, which could subject you to civil and criminal penalties. 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 your claim.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on our Website are in United States Dollars (USD) and are subject to change at any time without prior notice. Applicable taxes, delivery fees, service charges, and any other applicable surcharges will be calculated and disclosed to you at checkout prior to the completion of your order. You are responsible for paying all amounts associated with your order, including taxes and fees.

5.2 Payment Methods

We accept various payment methods as indicated on our Website at the time of checkout, which may include major credit cards, debit cards, and other digital payment options. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the total order amount, including applicable taxes and fees, to your selected payment method.

5.3 Order Confirmation

An order is not confirmed or accepted until you receive an order confirmation from us via email or on-screen notification. We reserve the right to cancel or refuse any order at any time for reasons including, but not limited to, product unavailability, errors in pricing or description, or suspected fraudulent activity. In such cases, we will notify you promptly and process a full refund to your original payment method.

5.4 Refunds and Cancellations

Once an order has been submitted and confirmed, cancellations may not be possible if food preparation has already begun. If you experience any issue with your order, including incorrect items, missing items, or quality concerns, please contact us promptly at [email protected]. We will review your concern on a case-by-case basis and, at our sole discretion, may offer a refund, credit, or replacement as appropriate. All refunds are subject to our internal review process and will be processed in accordance with applicable payment processor policies.

5.5 Chargebacks

If you initiate a chargeback or dispute with your payment provider without first contacting us in good faith to resolve the issue, we reserve the right to suspend or terminate your account and contest the chargeback. Fraudulent chargebacks may be reported to appropriate authorities and may subject you to legal liability.

6. Disclaimers

6.1 As-Is Basis

THE WEBSITE AND ALL SERVICES, CONTENT, INFORMATION, AND MATERIALS PROVIDED BY PIZZA LUCE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PIZZA LUCE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Warranty on Accuracy

Pizza Luce does not warrant that the information and content on the Website, including menu descriptions, nutritional information, pricing, and availability, will be accurate, complete, reliable, current, or error-free. Menu items, ingredients, allergen information, and prices are subject to change without notice, and actual products may vary from descriptions on the Website.

6.3 Allergen and Dietary Information

While we endeavor to provide accurate allergen and dietary information, we cannot guarantee that any food item is completely free from allergens. Our kitchen handles a wide variety of ingredients that may contain common allergens including gluten, dairy, nuts, soy, eggs, and shellfish. Customers with severe food allergies or dietary restrictions are encouraged to contact us directly before placing an order to discuss their specific needs. Pizza Luce shall not be liable for any allergic reactions or dietary concerns arising from the consumption of our products.

6.4 Third-Party Services

Our Website may contain links to third-party websites, services, or platforms. We do not endorse, control, or assume responsibility for any third-party content, products, services, or practices. Your use of any third-party website or service is at your own risk and subject to the terms and conditions of such third party.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, PIZZA LUCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, the Website or Services;
• Any conduct or content of any third party on the Website;
• Any food products ordered or consumed through our Services;
• Unauthorized access, use, or alteration of your account or transmissions;
• Any errors, omissions, interruptions, defects, or delays in operation or transmission of the Website;
• Any loss or damage resulting from the use of any content posted, emailed, transmitted, or otherwise made available via our Services.

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

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE) AND SHALL APPLY EVEN IF PIZZA LUCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless Pizza Luce and its officers, directors, shareholders, employees, agents, contractors, licensors, service providers, successors, and assigns (collectively, the "Indemnified Parties") 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 or breach of any provision of these Terms;
• Your use or misuse of the Website or Services;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or rights of publicity;
• Any content or information you submit, post, or transmit through the Website;
• Your negligence, willful misconduct, or fraud;
• Any dispute between you and any third party arising from your use of our Services.

Pizza Luce reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without the prior written consent of Pizza Luce. Pizza Luce will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms of Service, and any disputes arising out of or related to these Terms or your use of our Services, 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 Pizza Luce is incorporated or primarily operates, without regard to its conflict of law principles.

To the extent that any dispute is not subject to mandatory arbitration as set forth in Section 10, you agree to submit to the personal jurisdiction of the federal and state courts located within the applicable United States jurisdiction for the resolution of any disputes. You hereby waive any objection to the laying of venue in such courts and any claim that such courts constitute an inconvenient forum.

Our Services are intended for use within the United States. We make no representation that our Services are appropriate or available for use in other locations. If you access or use our Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

These Terms are subject to and consistent with applicable federal laws, including the Federal Trade Commission Act (15 U.S.C. § 45) governing unfair or deceptive acts and practices, the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.), and any other applicable federal consumer protection statutes.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Pizza Luce at [email protected] and provide a written description of the dispute, including the nature of the claim, the relief sought, and any relevant supporting information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your written notice. If we are unable to resolve the dispute informally within this period, either party may proceed to formal dispute resolution as set forth below.

10.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND PIZZA LUCE AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH IN THE UNITED STATES. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

The arbitrator shall have authority to award any remedy that would otherwise be available in court, including monetary damages, injunctive relief, and declaratory relief. The arbitrator shall not have authority to award punitive or exemplary damages except where specifically authorized by applicable law.

10.3 Class Action Waiver

YOU AND PIZZA LUCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

10.4 Exceptions

Notwithstanding the agreement to arbitrate, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm, including in cases involving alleged intellectual property infringement, unauthorized access to the Website, or violation of confidentiality obligations, pending the outcome of arbitration.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you access or use the Website or Services, or maintain an account with Pizza Luce.

11.2 Termination by You

You may terminate these Terms at any time by discontinuing your use of the Website and Services and, if applicable, by requesting the deletion of your account by contacting us at [email protected]. Please note that termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for completed orders.

11.3 Termination by Pizza Luce

Pizza Luce reserves the right, in its sole discretion, to suspend or terminate your access to the Website or Services, deactivate or delete your account, or cancel any pending or future orders, at any time and for any reason, including but not limited to:

• Your breach or violation of any provision of these Terms;
• Fraudulent, abusive, or illegal activity;
• Non-payment or disputed payment for orders;
• Requests by law enforcement or government authorities;
• Discontinuation or material modification of the Services;
• Unexpected technical or security issues.

11.4 Effect of Termination

Upon termination, your right to access and use the Website and Services will immediately cease. 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, dispute resolution, and governing law provisions.

12. Changes to Terms

Pizza Luce reserves the right to modify, amend, update, or replace these Terms at any time and 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 providing additional notice such as a prominent notice on the Website or via email to the address associated with your account.

Your continued access to or use of the Website or Services following the posting of revised Terms constitutes your acceptance of and agreement to be bound by the updated Terms. If you do not agree to the revised Terms, you must discontinue your use of the Website and Services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check for changes. Material changes will be effective no sooner than thirty (30) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons may be effective immediately.

13. Severability

If any provision of these Terms is found to be invalid, illegal, void, or unenforceable under applicable law by a court or arbitrator of competent jurisdiction, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired by such invalidity, illegality, or unenforceability.

In the event that any provision is severed, the parties agree that the court or arbitrator shall endeavor to give effect to the parties' intentions as reflected in the severed provision to the fullest extent possible under applicable law. The failure of Pizza Luce to enforce any provision of these Terms shall not be construed as a waiver of such provision or of the right to enforce it at a later time.

14. Additional Legal Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by Pizza Luce on the Website, constitute the entire agreement between you and Pizza Luce with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

14.2 Waiver

No waiver by Pizza Luce of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Pizza Luce to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.3 Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without the prior written consent of Pizza Luce. Pizza Luce may freely assign or transfer these Terms, or any of its rights or obligations hereunder, without restriction. Any purported assignment in violation of this Section shall be null and void.

14.4 Force Majeure

Pizza Luce shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, labor disputes, supply chain disruptions, power outages, or internet service interruptions. In such events, Pizza Luce's obligations will be suspended for the duration of the force majeure event.

14.5 Electronic Communications

By using our Website and Services, you consent to receive electronic communications from Pizza Luce. These communications may include notices about your account, order confirmations, promotional information, and other information related to the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.).

14.6 Notices

All notices and communications required or permitted under these Terms shall be in writing and delivered to Pizza Luce via email at [email protected]. Notices to you may be sent to the email address associated with your account or posted on the Website.

15. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you wish to exercise any rights afforded to you under applicable law, please contact us using the information provided below:

We are committed to addressing your questions and concerns promptly and professionally. Please allow up to five (5) business days for a response to your inquiry. For urgent matters related to food safety, please reach out to us directly via email with the subject line "URGENT: Food Safety Concern."