Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at pizzalucegrill.digital (the "Site") or any services offered by Pizza Luce ("Company," "we," "us," or "our"). By accessing or using our Site or services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of our Site and services immediately.

1. Acceptance of Terms

By visiting, browsing, or otherwise using the website pizzalucegrill.digital, placing an order, creating an account, or engaging with any of our digital or in-person services, you ("User," "Customer," or "you") enter into a legally binding contract with Pizza Luce, governed by the terms and conditions set forth in this Agreement. Your continued use of our Site or services constitutes ongoing acceptance of any updates or modifications to these Terms.

These Terms apply to all visitors, customers, registered users, and any other persons who access or use the Site. You represent and warrant that you are at least eighteen (18) years of age, or if you are a minor, that you have obtained the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. If you are using the Site on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

These Terms constitute the entire agreement between you and Pizza Luce concerning your use of the Site and services, superseding any prior agreements, representations, or understandings, whether written or oral, between the parties relating to the subject matter herein.

2. Description of Services

Pizza Luce is a food service establishment operating in the United States. Through our website, pizzalucegrill.digital, and associated digital platforms, we offer the following services:

• Online Food Ordering: Customers may browse our menu, customize food and beverage selections, and place orders for pickup or delivery through the Site.
• Menu Information: We provide detailed descriptions of our food and beverage offerings, including pricing, ingredients, and allergen information to the best of our ability.
• Promotional Offers and Loyalty Programs: We may, from time to time, offer coupons, discount codes, promotional deals, or loyalty reward programs accessible through the Site.
• Catering Services: Customers may inquire about and arrange catering services for private events, corporate functions, or group gatherings through our Site or by contacting us directly.
• Account Management: Users may create personal accounts to manage orders, save preferences, track order history, and participate in loyalty rewards.
• Customer Support: We offer customer support through electronic communications and other available channels as described on the Site.
• General Information: The Site provides general information about our business, including location, hours of operation, contact details, and news or announcements.

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. We may also introduce new features or impose additional limitations on existing features at our sole discretion.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Site and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security and confidentiality of your account credentials and notify us immediately of any unauthorized access;
• Use the Site and services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations;
• Comply with all applicable laws regarding online conduct and acceptable content;
• Promptly update your account information to ensure it remains accurate and complete;
• Pay all charges and fees associated with your orders or services, including applicable taxes and delivery fees, in a timely manner;
• Be present or make adequate arrangements for the receipt of delivery orders placed through our Site.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Site for any fraudulent, deceptive, or unlawful purpose;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Use automated tools, scripts, bots, scrapers, or other software to access, extract data from, or interact with our Site without our prior written consent;
• Introduce viruses, malware, ransomware, Trojan horses, or any other harmful or disruptive code to our Site or systems;
• Attempt to gain unauthorized access to any portion of our Site, server, network, or database;
• Engage in any activity that disrupts, overloads, or impairs the proper functioning of our Site or infrastructure;
• Collect or harvest any personal information of other users from our Site without authorization;
• Post, transmit, or distribute any content that is defamatory, obscene, threatening, harassing, or otherwise objectionable;
• Use our Site in any manner that could damage, disable, overburden, or impair our systems;
• Circumvent, disable, or interfere with security features of the Site;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our services without our express written authorization;
• Attempt to place fraudulent orders, dispute legitimate charges in bad faith, or abuse any promotional or loyalty program;
• Violate any applicable federal, state, or local law, including the Federal Trade Commission Act (FTC Act), the Computer Fraud and Abuse Act (CFAA), or any other applicable consumer protection statutes.

We reserve the right to investigate and take appropriate legal action, including reporting to law enforcement authorities, against any user who violates these provisions. Violations may result in immediate suspension or termination of your account and access to our services.

4. Intellectual Property Rights

All content available on or through pizzalucegrill.digital, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Site ("Content"), is the exclusive property of Pizza Luce or its licensors and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and trade secret law.

The Pizza Luce name, logo, taglines, and all related marks, graphics, and trade dress are registered or unregistered trademarks or service marks of Pizza Luce in the United States. You are not granted any right or license to use any trademarks, service marks, logos, or trade names belonging to Pizza Luce without our prior written consent.

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 and its Content solely for your personal, non-commercial use. This license does not include the right to:

• Modify, adapt, or create derivative works based on any Content;
• Commercially exploit or redistribute any Content without our express written permission;
• Remove any copyright, trademark, or other proprietary rights notices from the Content;
• Frame or mirror any portion of the Site without our prior written consent.

Any unauthorized use of our intellectual property may constitute a violation of federal and state law and will be subject to enforcement. All rights not expressly granted herein are reserved by Pizza Luce.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices listed are exclusive of applicable federal, state, and local taxes, which will be calculated and added at checkout based on your order and location. Delivery fees, service charges, or other applicable fees will be disclosed at the time of purchase.

5.2 Payment Methods

We accept major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and such other payment methods as we may indicate on the Site from time to time. By submitting a payment, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the applicable fees to that method.

5.3 Order Confirmation and Authorization

Your order is not confirmed until you receive an order confirmation from us via email or on-screen notification. We reserve the right to refuse or cancel any order at our discretion, including but not limited to cases of suspected fraud, pricing errors, or unavailability of menu items. If your order is cancelled after payment has been collected, we will issue a full refund to the original payment method.

5.4 Refunds and Cancellations

Refunds or credits may be issued in cases of confirmed order errors, quality issues with food, or cancellations made within an acceptable time frame before order preparation begins. We do not guarantee refunds for change-of-mind cancellations once an order has been confirmed and preparation has commenced. Please contact us at [email protected] to report any issues with your order.

5.5 Chargebacks

If you initiate a chargeback or dispute with your financial institution in bad faith, Pizza Luce reserves the right to contest such chargebacks and to suspend or terminate your account. Fraudulent chargebacks may be referred to appropriate law enforcement authorities.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PIZZA LUCE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND PARTNERS (COLLECTIVELY, "PIZZA LUCE PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, our Site or services;
• Any conduct or content of any third party on our Site;
• Any content obtained from our Site;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any food allergies, dietary restrictions, or health conditions not disclosed to us or resulting from inaccurate information provided by you;
• Delays or interruptions in service, including those caused by third-party delivery providers;
• Any errors, inaccuracies, or omissions in menu descriptions, pricing, or allergen information.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PIZZA LUCE PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO PIZZA LUCE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

The limitations of liability set forth herein shall apply regardless of the legal theory under which damages are sought, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive any termination or expiration of these Terms.

7. Disclaimers

7.1 As-Is Basis

THE SITE AND ALL SERVICES 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 FEDERAL AND STATE LAW, PIZZA LUCE EXPRESSLY DISCLAIMS ALL WARRANTIES, 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 REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT AVAILABLE ON THE SITE;
• WARRANTIES THAT DEFECTS IN THE SITE OR ITS SOFTWARE WILL BE CORRECTED.

7.2 Food and Allergen Disclaimer

While we make reasonable efforts to provide accurate and up-to-date information regarding ingredients, nutritional content, and potential allergens, we cannot guarantee that our menu descriptions are free of errors or that cross-contamination of allergens will not occur during the preparation of food items. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order. Pizza Luce shall not be liable for any adverse reactions, health consequences, or injuries resulting from food consumption.

7.3 Third-Party Services

Our Site may contain links to third-party websites, applications, or services. These links are provided for convenience only and do not constitute our endorsement, sponsorship, or approval of such third parties or their content. We are not responsible for the availability, accuracy, legality, or content of any third-party sites or services, and your use of such services is governed by the terms and policies of those third parties.

8. Indemnification

You agree to defend, indemnify, and hold harmless Pizza Luce and its 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, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation;
• Your use or misuse of the Site or services;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or rights of publicity;
• Any content you submit, post, or transmit through our Site;
• Your willful misconduct, negligence, or fraudulent activity;
• Any claim by a 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 such claim without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Pizza Luce is registered and operates, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Any legal action, suit, or proceeding arising out of or relating to these Terms or your use of the Site and services that is not subject to mandatory arbitration as provided below shall be brought exclusively in the federal or state courts located in the applicable jurisdiction where Pizza Luce maintains its principal place of business. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to such venue.

Nothing in this Section shall prevent Pizza Luce from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to contact Pizza Luce at [email protected] and provide a written description of the dispute, your name, contact information, and the relief you seek. Both parties agree to make a good-faith effort to resolve any dispute informally within thirty (30) days of the date of the written notice. If the dispute cannot be resolved informally within that period, either party may proceed to formal dispute resolution as outlined below.

10.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT OR CLAIMS SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF TO PROTECT INTELLECTUAL PROPERTY RIGHTS, YOU AND PIZZA LUCE AGREE THAT 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 SERVICES, SHALL BE RESOLVED SOLELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES.

The arbitration shall be conducted in the English language by a single arbitrator. The location of the arbitration shall be determined in accordance with the AAA rules, taking into account the convenience of the parties. The arbitrator shall have authority to award any remedy that a court of competent jurisdiction could award, subject to the limitations set forth in these Terms. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

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. Unless both you and Pizza Luce agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

10.4 Exceptions

Nothing in this Section shall limit Pizza Luce's right to seek emergency, temporary, or preliminary injunctive relief from a court of competent jurisdiction where such relief is necessary to prevent irreparable harm pending completion of arbitration proceedings.

11. Term and Termination

11.1 Duration

These Terms shall remain in full force and effect for as long as you access or use our Site or services, unless earlier terminated as provided herein.

11.2 Termination by You

You may terminate your agreement with us at any time by discontinuing your use of the Site and services and, if applicable, closing your account. Please note that termination does not relieve you of your obligation to pay any outstanding amounts owed to Pizza Luce as of the date of termination.

11.3 Termination by Pizza Luce

Pizza Luce reserves the right, in its sole discretion, to suspend or terminate your access to the Site and services at any time, with or without notice and without liability, for any reason, including but not limited to:

• Your breach of these Terms or any applicable law;
• Fraudulent or abusive activity;
• Actions that may expose Pizza Luce or its users to legal liability;
• Requests by law enforcement or other governmental authorities;
• Our decision to discontinue or substantially modify the Site or services.

11.4 Effect of Termination

Upon termination of these Terms for any reason: (a) your license to use the Site and services immediately ceases; (b) we may delete your account and any associated data in accordance with our Privacy Policy; and (c) all provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

12. Changes to Terms

Pizza Luce reserves the right to modify, amend, or update these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will provide notice through one or more of the following methods: posting the updated Terms on this page with a revised "Last Updated" date, sending an email notification to registered account holders, or displaying a prominent notice on our Site.

Your continued use of the Site or services following the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately discontinue your use of the Site and services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of the Terms will always be available at pizzalucegrill.digital.

13. User Accounts

If you create an account on our Site, you are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other security breach.

We reserve the right to refuse registration of, or cancel, accounts at our discretion. You may not transfer your account to any other person or entity without our prior written consent.

14. Privacy Policy

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information. To the extent we collect information from California residents, we comply with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). By using our Site, you consent to our collection and use of your data as described in our Privacy Policy.

15. Electronic Communications

By using our Site and services, you consent to receive electronic communications from Pizza Luce, including emails, push notifications, and notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. You may opt out of non-transactional marketing communications by following the unsubscribe instructions included in such communications or by contacting us directly.

16. Force Majeure

Pizza Luce shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics or epidemics, government actions, labor disputes, power failures, internet disruptions, or other events constituting force majeure. In the event of such circumstances, Pizza Luce will make reasonable efforts to resume normal operations as soon as practicable.

17. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision herein.

In particular, if the class action waiver in Section 10.3 is found to be unenforceable in a particular case, then the entirety of Section 10.2 (Binding Arbitration) shall be inapplicable to that case, and the claim shall be brought in a court of competent jurisdiction as provided in Section 9.

18. Waiver

No waiver by Pizza Luce of any term or condition set forth 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 by Pizza Luce to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

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

20. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you need to contact us for any legal, billing, or service-related matters, please reach out to us using the information below:

We will make every reasonable effort to respond to your inquiries in a timely manner. For urgent matters related to food safety, allergic reactions, or immediate service issues, please contact us via email at [email protected].