Terms of Service

Please read these Terms of Service ("Terms," "Terms of Service," or "Agreement") carefully before using the website located at pizzimoss.rest (the "Site") or any services offered by Imos Pizza ("Company," "we," "us," or "our"). These Terms govern your access to and use of our Site, online ordering platform, mobile features, and all related food and restaurant services.

1. Acceptance of Terms

By accessing or using our Site, placing an order, creating an account, or otherwise engaging with any of our services, you ("User," "Customer," or "you") agree to be legally bound by these Terms of Service, our Privacy Policy, and any additional policies or guidelines incorporated herein by reference. If you do not agree with any part of these Terms, you must immediately discontinue your use of the Site and our services.

Your continued use of the Site following the posting of changes to these Terms constitutes acceptance of those changes. These Terms apply to all visitors, users, and others who access or use the Site, whether for personal or commercial purposes.

If you are using the Site on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to "you" or "User" shall include both you individually and such entity.

You affirm that you are at least 18 years of age or have the legal capacity to enter into binding contracts under applicable United States law. If you are under 18 years of age, you may only use our services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

2. Description of Services

Imos Pizza operates as a food service business in the United States, providing customers with the ability to browse our menu, place orders for pickup or delivery, engage with promotional content, and interact with our customer service team through various channels.

Our services include, but are not limited to:

• Online ordering for pizza, appetizers, beverages, desserts, and other menu items
• In-store and curbside pickup services
• Delivery services (subject to delivery zone availability)
• Catering inquiries and large-order coordination
• Loyalty programs, promotions, and digital coupons
• Customer support via email at [email protected]
• General information dissemination through the Site

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice, and without liability to you. The availability of menu items, pricing, delivery zones, and promotional offers may vary by location and is subject to change at our sole discretion.

We do not guarantee that any particular menu item will be available at any given time. In the event that an item you ordered is unavailable, we will make reasonable efforts to notify you and offer a suitable alternative or a refund for the unavailable item.

3. User Accounts and Registration

Certain features of our Site, such as order tracking, saving payment methods, or accessing loyalty rewards, may require you to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the security of your password and accept all risks of unauthorized access to your account
• Notify us immediately at [email protected] if you discover or suspect any security breach related to your account
• Take responsibility for all activities that occur under your account, whether or not authorized by you

We reserve the right to suspend or terminate your account at any time if we determine, in our sole discretion, that you have violated these Terms, engaged in fraudulent activity, or otherwise used our services in a manner inconsistent with applicable law or our policies.

You may not create more than one account per individual or use another person's account without their explicit permission. Accounts are non-transferable and may not be sold, traded, or otherwise assigned to another party.

4. User Obligations and Prohibited Activities

By using our Site and services, you agree to comply with all applicable federal, state, and local laws and regulations in the United States. You further agree to use the Site only for lawful purposes and in accordance with these Terms.

4.1 General Obligations

You agree to:

• Provide accurate and truthful information in all interactions with our Site and staff
• Use the Site and services only for your personal, non-commercial use unless expressly authorized in writing by Imos Pizza
• Respect the rights and dignity of our employees, delivery drivers, and other customers
• Comply with all applicable food safety, health, and consumer protection laws

4.2 Prohibited Activities

You are expressly prohibited from engaging in any of the following activities:

• Using the Site in any way that violates applicable federal, state, or local laws or regulations in the United States
• Placing fraudulent, fictitious, or unauthorized orders
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity
• Engaging in unauthorized data collection, scraping, or harvesting of content, user data, or proprietary information from the Site
• Attempting to gain unauthorized access to any part of the Site, server, or network connected to the Site
• Using automated scripts, bots, crawlers, or other automated tools to interact with the Site
• Transmitting any unsolicited or unauthorized advertising, promotional materials, spam, or junk mail
• Interfering with or disrupting the integrity or performance of the Site or the servers and networks that host the Site
• Uploading or transmitting viruses, malware, or any other malicious code
• Attempting to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Site
• Using any portion of the Site for any commercial purpose without our express written consent
• Making false or misleading claims about our products, services, or business practices
• Engaging in any conduct that restricts or inhibits any other user's use or enjoyment of the Site
• Chargebacks or payment disputes made in bad faith or without legitimate basis

Violation of any of the above prohibitions may result in immediate termination of your access to the Site and services, potential legal action, and reporting to relevant law enforcement authorities.

5. Ordering, Payment, and Refund Terms

5.1 Order Placement

All orders placed through the Site constitute an offer to purchase the selected food items at the listed prices. We reserve the right to accept or reject any order at our sole discretion. An order is confirmed only after you receive a written or electronic confirmation from us.

Prices displayed on the Site are in United States Dollars (USD) and are subject to applicable sales taxes based on your delivery or pickup location. Prices are subject to change without prior notice.

5.2 Payment

We accept various forms of payment as indicated on the Site at the time of your order, which may include major credit and debit cards, digital wallets, and other payment methods. By submitting payment information, you represent and warrant that:

• You are authorized to use the payment method provided
• The payment information you provide is accurate and complete
• Charges incurred by you will be honored by your financial institution

We use industry-standard encryption and security measures to protect your payment information. However, we cannot guarantee absolute security of electronic transactions and shall not be liable for any unauthorized use of your payment information by third parties beyond our control.

5.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. However, we are committed to customer satisfaction and will consider refund or replacement requests on a case-by-case basis in situations where:

• An item received is materially different from what was ordered
• An order is significantly delayed due to circumstances within our control
• A food safety concern is identified with a delivered product

To request a refund or report an issue with your order, please contact us promptly at [email protected]. Refund decisions are made at our sole discretion and in accordance with applicable consumer protection laws under the Federal Trade Commission Act (FTC Act) and relevant state laws.

6. Intellectual Property Rights

All content available on or through the Site, including but not limited to text, graphics, logos, photographs, icons, images, audio and video clips, digital downloads, data compilations, and software, is the exclusive property of Imos Pizza or its content suppliers and is protected by United States and international intellectual property laws, including copyright, trademark, trade dress, and patent laws.

The Imos Pizza name, logo, brand marks, and all related names, logos, product and service names, designs, and slogans are trademarks of Imos Pizza or its affiliates or licensors. You may not use such marks without the prior written permission of Imos Pizza.

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 Site solely for your personal, non-commercial use. This license does not include:

• Any resale or commercial use of the Site or its content
• Any derivative use of the Site or its content
• Any downloading or copying of account information for the benefit of another merchant
• Any use of data mining, robots, or similar data gathering and extraction tools

Unauthorized use of any content on the Site may violate copyright, trademark, and other laws and could result in civil and criminal penalties. We reserve all rights not expressly granted in these Terms.

If you believe that any content on our Site infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

7. Third-Party Links and Services

The Site may contain links to third-party websites, services, or platforms that are not owned or controlled by Imos Pizza, including but not limited to payment processors, delivery partners, and social media platforms. 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 warrant the offerings of any of these entities or individuals or their websites. You acknowledge and agree that Imos Pizza shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit through links on our Site.

8. Disclaimers and "As-Is" Basis

YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, IMOS PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION ON THE SITE
• WARRANTIES THAT DEFECTS, IF ANY, WILL BE CORRECTED
• WARRANTIES REGARDING THE RESULTS OBTAINED FROM THE USE OF THE SITE OR SERVICES

We do not warrant that the Site or any content, service, or feature of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components.

Nutritional, allergen, and ingredient information provided on the Site is offered for general informational purposes only. While we make reasonable efforts to ensure accuracy, we cannot guarantee that such information is complete, accurate, or up-to-date at all times. Customers with food allergies or dietary restrictions are strongly encouraged to contact our staff directly before placing an order.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN THE UNITED STATES, IN NO EVENT SHALL IMOS PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS
• LOSS OF DATA OR INFORMATION
• LOSS OF GOODWILL
• COST OF SUBSTITUTE GOODS OR SERVICES
• PERSONAL INJURY OR PROPERTY DAMAGE
• ANY OTHER INTANGIBLE LOSSES

ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR SERVICES, ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, ANY CONTENT OBTAINED FROM THE SITE, OR UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IMOS PIZZA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00), OR (B) THE TOTAL AMOUNT PAID BY YOU TO IMOS PIZZA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Imos Pizza, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, licensors, service providers, successors, and assigns 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 of Service
• Your use or misuse of the Site or our services
• Your violation of any applicable federal, state, or local law or regulation
• Your violation of any third-party rights, including without limitation any intellectual property rights or privacy rights
• Any content you submit, post, or transmit through the Site
• Any fraudulent, negligent, or wrongful acts or omissions by you
• Any dispute between you and any third party, including other users of the Site

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 which case you agree to cooperate fully with us in asserting any available defenses.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Imos Pizza's principal place of business is located, without regard to its conflict of law provisions.

These Terms are subject to applicable federal laws, including but not limited to:

• The Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., governing consumer protection and unfair or deceptive acts and practices
• The Electronic Communications Privacy Act (ECPA)
• The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030
• The Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512
• The CAN-SPAM Act of 2003
• All applicable state consumer protection statutes

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in the United States jurisdiction applicable to Imos Pizza's principal place of business, and you hereby irrevocably consent to the personal jurisdiction and venue therein.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy informally by contacting Imos Pizza at [email protected] with a written description of your claim and the relief sought. We will attempt to resolve the dispute informally within thirty (30) days of receiving your written notice. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution as outlined below.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. Except for claims that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site and services, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes"), shall be resolved by binding individual arbitration.

Arbitration shall be conducted by a recognized arbitration organization under its applicable rules. The arbitration shall take place in the United States, and the arbitrator shall apply United States federal law and the applicable state law. The arbitrator's award shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND IMOS PIZZA 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. Unless both parties agree otherwise, 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.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights.

13. Term and Termination

These Terms of Service are effective as of the date you first access or use the Site and will remain in effect until terminated in accordance with this section.

We may, at our sole discretion and without notice or liability, terminate or suspend your access to all or any part of the Site and services for any reason, including but not limited to:

• Your breach of any provision of these Terms
• Your engagement in fraudulent or illegal activity
• Requests by law enforcement or other government agencies
• Technical, security, or legal reasons
• Extended periods of inactivity on your account
• Discontinuation of the Site or services

You may terminate your use of our services at any time by ceasing to access the Site and, if applicable, by deleting your account through the account settings or by contacting us at [email protected].

Upon termination of your access, all licenses and rights granted to you under these Terms will immediately cease. The following sections shall survive any termination of these Terms: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and all other provisions that by their nature should survive termination.

14. Changes to Terms

Imos Pizza reserves the right, at its sole discretion, to modify, update, or replace any part of these Terms of Service at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this page, and in some cases, we may provide additional notice such as a statement on our homepage or an email notification to the address associated with your account.

It is your responsibility to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page. Your continued use of the Site and services following the posting of revised Terms means that you accept and agree to the changes.

If we make changes that materially affect your rights, we will make reasonable efforts to notify you. However, we encourage you to review these Terms regularly to stay informed of any updates.

15. Allergen and Dietary Information Notice

Imos Pizza takes food safety seriously. Our products are prepared in a shared kitchen environment where common allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, shellfish, and other allergens may be present. We cannot guarantee that any menu item is completely free from cross-contamination with allergens.

Customers with known food allergies, intolerances, or dietary restrictions are strongly encouraged to:

• Contact us directly at [email protected] before placing an order
• Inform our staff of any specific dietary needs or concerns
• Not rely solely on the allergen information provided on the Site, as ingredients and recipes may change

By placing an order, you acknowledge and accept the inherent risks associated with food allergies and cross-contamination in a commercial kitchen environment, and you agree that Imos Pizza shall not be held liable for any allergic reactions or adverse health effects that may result from the consumption of our products, except to the extent caused by our gross negligence or willful misconduct.

16. Privacy Policy

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

To the extent applicable, our data practices comply with relevant United States federal and state privacy laws, including applicable state-level consumer privacy statutes. For inquiries regarding your personal data or to exercise your privacy rights, please contact us at [email protected].

17. Force Majeure

Imos Pizza shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, civil unrest, strikes, supply chain disruptions, power outages, internet service disruptions, or other events of force majeure.

In the event of a force majeure occurrence, we will make reasonable efforts to notify you and to fulfill our obligations as soon as practicable. If we are unable to provide services due to a force majeure event, we will offer a refund or credit for orders that cannot be fulfilled.

18. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law, such provision shall be deemed 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 provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect. The parties agree to negotiate in good faith a replacement provision that achieves substantially the same result as the severed provision.

19. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by us on the Site, constitute the entire agreement between you and Imos Pizza with respect to your use of the Site and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Imos Pizza. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default of the same or similar nature.

20. No Third-Party Beneficiaries

These Terms of Service are for the benefit of you and Imos Pizza only. Nothing in these Terms is intended to or shall confer any legal or equitable right, benefit, or remedy of any nature whatsoever upon any third party, unless expressly stated otherwise herein.

21. Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without the prior written consent of Imos Pizza. Any attempted assignment without such consent shall be null and void. Imos Pizza may freely assign these Terms, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without your consent and without prior notice.

22. Electronic Communications and Notices

By using our Site and services, you consent to receiving electronic communications from us. These communications may include notices about your account, order confirmations, promotional offers, and information concerning or related to our services. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You may opt out of receiving promotional emails by following the unsubscribe instructions included in each such email or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, you will continue to receive transactional and service-related emails from us.

23. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights, or any other matter related to Imos Pizza's services, please do not hesitate to contact us using the information below:

We endeavor to respond to all legitimate inquiries within five (5) business days. For urgent matters related to food safety or order issues, please email us directly and indicate "URGENT" in the subject line of your message.