Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at imosspizz.rest (the "Website") or any services offered by Imos Pizza ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

1. Acceptance of Terms

By visiting, browsing, or using imosspizz.rest in any manner, you ("User," "Customer," or "you") expressly agree to comply with and be legally bound by these Terms of Service and all applicable federal and state laws and regulations, including but not limited to the laws of the United States of America. If you do not agree with any part of these Terms, you must immediately discontinue your use of this Website and our services.

These Terms constitute a legally binding agreement between you and Imos Pizza. Your continued use of the Website following the posting of any changes to these Terms will be deemed your acceptance of those changes. We encourage you to review these Terms periodically to stay informed of any updates.

If you are using this Website 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. In such a case, "you" and "your" shall refer to that entity.

Users must be at least thirteen (13) years of age to use this Website. If you are under the age of eighteen (18), you must have the consent of a parent or legal guardian to use our services, particularly when making purchases or providing personal information.

2. Description of Services

Imos Pizza operates as a food service establishment offering the sale and delivery or pickup of pizza, food items, beverages, and related products (collectively, "Products"). Through our Website, we provide the following services:

• Online ordering of food and beverages for delivery or in-store/curbside pickup
• Access to our current menu, pricing, and promotional offers
• Account creation and management for registered users
• Customer support and communication channels
• Loyalty rewards programs or promotional discount programs (where applicable)
• General information about our business locations, hours, and offerings

We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict access to any aspect of our services at any time, with or without prior notice, and without liability to you. We may also impose limits on certain features or restrict your access to parts or all of the Website without notice or liability.

Our food products are prepared in facilities that may handle common allergens, including but not limited to wheat, gluten, dairy, eggs, tree nuts, peanuts, soy, and shellfish. By ordering from Imos Pizza, you acknowledge that it is your responsibility to inform us of any food allergies or dietary restrictions before placing an order. We cannot guarantee that any menu item is entirely free from allergens or cross-contamination, and we disclaim all liability for allergic reactions arising from failure to disclose such information.

3. User Account Registration and Obligations

To access certain features of our Website, including online ordering and participation in loyalty programs, you may be required to create a user account. When creating an account, you agree to:

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

We reserve the right to terminate, suspend, or refuse to create any account at our sole discretion, including for violations of these Terms or for any other reason we deem appropriate. You may not create an account using another person's name, identity, or contact information without their express consent.

4. Prohibited Activities

As a condition of your use of this Website and our services, you agree NOT to engage in any of the following activities:

Violation of any of the above prohibitions may result in immediate termination of your access to the Website and may subject you to civil and/or criminal liability under applicable law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the FTC Act (15 U.S.C. § 45).

5. Intellectual Property Rights

All content available on or through the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, software, and the overall design and layout of the Website (collectively, "Content"), is the proprietary property of Imos Pizza or its content suppliers and is protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, and other laws.

The Imos Pizza name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Imos Pizza or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial purposes in connection with ordering food and using our services. This license does not include:

• Any resale or commercial use of the Website or its Content
• Any collection and use of product listings, descriptions, or prices
• Any derivative use of the Website 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 or extraction tools

Any unauthorized use of the Website or its Content immediately terminates the permission or license granted by us and may subject you to legal action for intellectual property infringement.

6. Online Ordering and Payment Terms

6.1 Order Placement and Acceptance

When you place an order through our Website, you are making an offer to purchase the selected Products at the stated prices. We reserve the right to accept or decline your order for any reason, including but not limited to product unavailability, pricing errors, or suspected fraudulent activity. Your order is confirmed only when you receive an order confirmation from us via email or on-screen notification.

6.2 Pricing and Fees

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales tax or delivery fees unless expressly stated otherwise. Applicable sales tax will be calculated and added to your order total at checkout in accordance with applicable federal and state tax laws, including the laws of the state in which your order is fulfilled.

6.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. 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
• You authorize us to charge the full amount of your order, including taxes and fees, to the payment method provided

6.4 Cancellations and Refunds

Once an order has been confirmed and preparation has begun, cancellations may not be possible. Refunds for incomplete, incorrect, or unsatisfactory orders are handled on a case-by-case basis at our discretion. If you believe your order was incorrect or unsatisfactory, please contact us within twenty-four (24) hours of receiving your order at [email protected]. We reserve the right to offer refunds, replacements, or store credits as we deem appropriate.

6.5 Delivery

Estimated delivery times are approximations only and are not guaranteed. We are not responsible for delays caused by factors beyond our control, including traffic, weather conditions, or events of force majeure. Delivery availability and areas may vary by location and are subject to change.

7. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IMOS PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties that the Website will be available, uninterrupted, error-free, or free of viruses or other harmful components
• Warranties as to the accuracy, reliability, completeness, or timeliness of any content on the Website
• Warranties that defects will be corrected
• Warranties regarding the results that may be obtained from the use of the Website or our services

We make no warranty that our food products will meet your specific dietary requirements or expectations. Nutritional information provided on the Website is approximate and may vary based on preparation methods, ingredient substitutions, and other factors. You are solely responsible for verifying the suitability of our products for your dietary needs.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the minimum extent permitted by applicable law.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL IMOS PIZZA, ITS OWNERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or goodwill
• Cost of substitute goods or services
• Physical injury or property damage of any nature resulting from your access to or use of our services (except where caused by our gross negligence or willful misconduct)
• Any unauthorized access to or use of our servers or any personal information stored therein
• Any interruption or cessation of transmission to or from our Website
• Any bugs, viruses, or similar harmful code transmitted through the Website by third parties
• Any errors or omissions in any content posted, transmitted, or made available through the Website

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO IMOS PIZZA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

The foregoing limitations shall apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury or incidental or consequential damages, so this limitation may not apply to you in its entirety.

9. Indemnification

You agree to defend, indemnify, and hold harmless Imos Pizza and its owners, officers, directors, employees, agents, licensors, service providers, successors, and assigns from and against any 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 the Website or our services in a manner not expressly authorized by these Terms
• Any content you submit, post, or transmit through the Website
• Your violation of any applicable federal, state, or local law or regulation
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Your negligence, willful misconduct, or fraudulent activity
• Any false or misleading information you provide to us

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with our defense of such claim. This indemnification obligation will survive the termination of these Terms and your use of the Website.

10. Privacy and Data Collection

Your use of this Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and disclose your personal information. By using our Website, you consent to the collection and use of your information as described in our Privacy Policy.

We comply with applicable United States federal and state privacy laws, including the Federal Trade Commission Act (15 U.S.C. § 45) regarding unfair or deceptive acts or practices in connection with data privacy and consumer protection. To the extent applicable based on your state of residence, we also comply with applicable state privacy statutes, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and similar state laws as enacted.

11. Third-Party Links and Services

The Website may contain links to third-party websites, applications, platforms, or services that are not owned or controlled by Imos Pizza. We have no control over and assume no responsibility for the content, privacy policies, terms, or practices of any third-party websites or services. We do not warrant or make any representations regarding the accuracy, completeness, legality, or any other aspect of any third-party content.

We strongly advise you to read the terms and conditions and privacy policies of any third-party website or service that you visit. The inclusion of any link on our Website does not imply our endorsement of the linked website or any association with its operators.

If we use third-party delivery partners or platforms to fulfill your orders, please be aware that such partners may be subject to their own separate terms of service and privacy policies. We are not responsible for the acts or omissions of such third-party delivery partners.

12. 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 of America and the applicable laws of the state in which Imos Pizza maintains its principal place of business, without regard to its conflict of law provisions.

To the extent permitted by law, any legal action, suit, or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

The parties acknowledge and agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any transaction conducted pursuant to these Terms.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us informally at [email protected] and attempt to resolve the dispute through good-faith negotiation. We will attempt to respond within thirty (30) days of receiving your written notification of the dispute. If the matter cannot be resolved informally within sixty (60) days, either party may proceed to formal dispute resolution as described below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

Except for disputes that qualify for small claims court and claims for injunctive or equitable relief to protect intellectual property rights, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Website or our services, shall be determined by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitrator shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitration will be conducted in English, and the arbitrator's award shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND IMOS PIZZA AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, both you and we waive any right to a jury trial.

13.4 Arbitration Fees

The AAA's consumer filing fees will be allocated in accordance with the AAA's Consumer Arbitration Rules. If the arbitrator determines that your claim is frivolous or brought for an improper purpose, we may seek reimbursement of our reasonable attorneys' fees and costs in accordance with applicable law.

14. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use our Website or services. We reserve the right, in our sole discretion, to:

• Terminate or suspend your account and access to the Website at any time, with or without cause and with or without notice
• Delete or deactivate any account that has been inactive for an extended period
• Refuse service to any individual or entity at any time and for any reason not prohibited by applicable law

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Website 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, Governing Law and Jurisdiction, Dispute Resolution, and all miscellaneous provisions.

15. Changes to Terms of Service

We reserve the right to modify, update, or revise these Terms of Service at any time, at our sole discretion. When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page
• Post the updated Terms on our Website at imosspizz.rest
• Where appropriate, provide additional notice, such as an email notification or prominent notice on the Website

Your continued use of the Website or our services following the posting of revised Terms constitutes your acceptance of such revisions. If you do not agree to the revised Terms, you must discontinue your use of the Website and our services immediately. We encourage you to review these Terms periodically to ensure you are aware of any changes.

No oral or written statement made by any of our employees or representatives shall constitute a modification of these Terms unless such modification is made in writing and posted on the Website in accordance with the procedures described above.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be illegal, void, invalid, or unenforceable under applicable law, that provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent to the fullest extent possible.

The failure of Imos Pizza to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any right or provision of these Terms by Imos Pizza shall only be effective if made in writing and signed by an authorized representative of Imos Pizza, and such waiver shall apply only to the specific instance described in the written waiver and shall not affect any other right or provision of these Terms.

17. Entire Agreement

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

No agency, partnership, joint venture, employment, or franchise relationship is created by these Terms or by your use of our services. You may not assign your rights or obligations under these Terms to any other party without our prior written consent. We may freely assign our rights and obligations under these Terms.

18. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, fire, flood, war, terrorism, labor disputes, governmental actions, power outages, internet or telecommunications failures, or any other event of force majeure. In such circumstances, we will use commercially reasonable efforts to resume normal operations as quickly as possible.

19. Electronic Communications

By using our Website and providing your email address, you consent to receive electronic communications from us, including order confirmations, receipts, promotional offers, and notices regarding changes to our Terms or policies. You agree that any notices, agreements, disclosures, or other communications that 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 communications from us at any time by following the unsubscribe instructions included in such communications or by contacting us at [email protected]. Please note that opting out of promotional communications will not affect transactional or service-related communications necessary to fulfill your orders.

20. Accessibility

Imos Pizza is committed to making our Website accessible to all users, including individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards to the extent reasonably practicable. If you experience any accessibility issues while using our Website, please contact us at [email protected] so that we may address the issue and provide assistance.

21. Consumer Protection Notice

In accordance with the Federal Trade Commission Act (15 U.S.C. § 45), we are committed to engaging in fair and transparent business practices. If you believe that we have engaged in any unfair, deceptive, or abusive act or practice, you have the right to file a complaint with the Federal Trade Commission at www.ftc.gov or by calling 1-877-FTC-HELP (1-877-382-4357). Nothing in these Terms shall be interpreted to waive your rights under applicable consumer protection laws.

22. Contact Information

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

We will endeavor to respond to all legitimate inquiries within a reasonable timeframe. For urgent matters related to food safety or health concerns, please contact your local health department or emergency services as appropriate.