Terms of Service

Effective Date: June 14, 2026  |  Last Updated: June 14, 2026

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Pequod's Pizza, governing your access to and use of the Site and all services, features, content, and functionality available through it. Your continued use of the Site, submission of an order, creation of an account, or any other engagement with our digital or physical services constitutes full acceptance of these Terms.

By using our Site, you represent and warrant that:

• You are at least 18 years of age, or if you are under 18, you have obtained verifiable parental or legal guardian consent;
• You have the legal capacity to enter into a binding contract under the laws of the United States;
• You are not prohibited from using our services under any applicable federal, state, or local law;
• All information you provide to us is accurate, current, and complete.

These Terms apply to all visitors, users, and others who access or use the Site. These Terms are governed by and interpreted in accordance with the laws of the United States and the applicable state in which our operations are based, and you hereby consent to the exclusive jurisdiction of the courts located in that jurisdiction for any disputes arising hereunder.

2. Description of Services

Pequod's Pizza is a food service business engaged in the preparation and sale of pizza and related food and beverage products. Through our Site at freshpequods.digital, we offer the following services:

• Online Food Ordering: Customers may browse our menu and place orders for delivery, carryout, or in-store pickup, subject to availability and our service area limitations.
• Menu Information: We provide detailed information about our food offerings, including ingredients, pricing, and nutritional content where available.
• Account Management: Users may create and manage accounts to facilitate faster checkouts, order tracking, and access to promotional offers.
• Promotions and Loyalty Programs: We may offer discount codes, promotional pricing, and loyalty reward programs from time to time, subject to their own specific terms and conditions.
• Customer Support: We provide communication channels for inquiries, complaints, and feedback related to orders and our services.
• Catering and Special Event Services: We may offer large-order catering options for special events, subject to advance notice, minimum order requirements, and separate pricing agreements.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you or any third party. Menu items, pricing, and availability are subject to change at any time. All orders are subject to acceptance and confirmation by Pequod's Pizza, and we reserve the right to refuse or cancel any order at our sole discretion.

3. User Accounts and Registration

Certain features of our Site may require you to create a user account. When registering, you agree to provide accurate, truthful, and complete information and to update such information promptly if it changes. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.

You agree to:

• Immediately notify us at [email protected] of any unauthorized use of your account or any other breach of security;
• Log out of your account at the end of each session, especially when using shared devices;
• Not share your account credentials with any third party;
• Not create more than one account per person without our prior written permission.

We reserve the right to terminate or suspend your account at any time, with or without notice, if we reasonably believe you have violated these Terms or engaged in any conduct harmful to us, our customers, or third parties.

4. User Obligations and Prohibited Activities

As a user of our Site and services, you agree to use them solely for lawful purposes and in a manner consistent with these Terms. You represent, warrant, and covenant that your use of the Site will not violate any applicable federal, state, or local laws or regulations, including but not limited to the Federal Trade Commission Act (FTC Act), applicable consumer protection statutes, food safety regulations, and digital commerce laws.

4.1 General Obligations

• Provide accurate and truthful information in all interactions with our Site, including during checkout and account registration;
• Use our Site and services only for personal, non-commercial purposes unless otherwise agreed upon in writing;
• Comply with all applicable laws and regulations when using our Site;
• Honor all orders placed and payments made through our Site.

4.2 Prohibited Activities

You are strictly prohibited from engaging in any of the following activities in connection with our Site or services:

• Using the Site for any fraudulent, deceptive, or misleading purpose;
• Submitting false, inaccurate, or misleading orders, complaints, or reviews;
• Attempting to gain unauthorized access to any portion of our Site, servers, databases, or systems;
• Using automated tools, bots, scrapers, or similar technology to access, collect, or interact with our Site without our express written consent;
• Interfering with or disrupting the integrity or performance of the Site or its infrastructure;
• Uploading, transmitting, or distributing any content that is unlawful, harassing, defamatory, obscene, or otherwise objectionable;
• Circumventing, disabling, or interfering with any security features of the Site;
• Reproducing, copying, distributing, or commercially exploiting any portion of the Site without our prior written consent;
• Using our brand, trademarks, logos, or proprietary content without authorization;
• Engaging in any activity that could damage, overburden, impair, or compromise the Site or its users;
• Placing orders with the intent to fraudulently dispute charges (chargebacks abuse);
• Using our promotional codes, coupons, or loyalty rewards in violation of their respective terms.

Violation of these prohibitions may result in immediate termination of your access to the Site, cancellation of any pending orders, and potential legal action as permitted by applicable law.

5. Ordering, Payment, and Pricing

5.1 Placing Orders

All orders placed through our Site are subject to acceptance. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, product unavailability, pricing errors, suspected fraudulent activity, or delivery area limitations. You will be notified promptly in the event your order is cancelled, and any charges will be refunded accordingly.

5.2 Pricing

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales tax, delivery fees, or service charges, which will be clearly disclosed at checkout prior to order confirmation. We make reasonable efforts to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel the affected order and notify you accordingly.

5.3 Payment Terms

We accept payment via major credit cards, debit cards, and any other payment methods made available on our Site. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information is accurate and complete;
• You will promptly update payment information as necessary.

All payments are processed through secure third-party payment processors. We do not store full payment card information on our servers. You authorize us to charge the applicable amount, including taxes and fees, to your provided payment method upon order confirmation.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you experience an issue with your order — including incorrect items, quality concerns, or missing items — please contact us immediately at [email protected]. We will review each case individually and, at our discretion, may offer a replacement, store credit, or partial refund. Refunds, where applicable, will be processed to the original payment method within 5–10 business days.

6. Food Safety, Allergen Information, and Nutritional Disclosure

We take food safety seriously and operate in compliance with applicable federal and state food safety regulations, including guidelines issued by the U.S. Food and Drug Administration (FDA) and relevant local health department requirements.

Our menu items may contain or have been prepared in facilities that handle common food allergens including, but not limited to: wheat/gluten, dairy, eggs, soy, tree nuts, peanuts, fish, and shellfish. While we make every reasonable effort to accommodate dietary restrictions when notified in advance, we cannot guarantee the complete absence of allergens in any menu item due to the nature of our kitchen environment. Customers with known food allergies are urged to exercise caution and consult with our staff before ordering.

Pequod's Pizza shall not be liable for any allergic reactions or adverse health effects resulting from consumption of our products where the customer has failed to disclose their allergen requirements or where reasonable allergen warnings have been provided.

7. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, menu designs, photographs, and software, is the property of Pequod's Pizza or its content suppliers and is protected by United States copyright law, trademark law, trade dress law, and other applicable intellectual property laws.

The Pequod's Pizza name, logo, taglines, and all related marks, product names, and designs are the trademarks or service marks of Pequod's Pizza. Nothing in these Terms shall be construed as granting any license or right to use any trademark displayed on the Site without our prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial use in accordance with these Terms. This license does not include the right to:

• Resell or commercially exploit any content from the Site;
• Download or copy account information for the benefit of any other party;
• Use data mining, robots, or similar data-gathering tools;
• Create derivative works based on our content without express written consent.

Any unauthorized use of our intellectual property terminates the limited license granted herein and may constitute a violation of copyright, trademark, and other applicable laws, exposing you to civil and criminal liability.

8. Third-Party Links and Services

Our Site may contain links to third-party websites, applications, or services that are not owned or controlled by Pequod's Pizza. These links are provided solely for your convenience and informational purposes. We have no control over the content, privacy policies, or practices of any third-party sites and expressly disclaim all responsibility and liability for them.

We strongly encourage you to review the terms and privacy policies of any third-party sites you visit. The inclusion of any link does not imply endorsement by Pequod's Pizza of the linked site or its operator. Your use of any third-party site is at your own risk.

9. Disclaimers

To the fullest extent permitted by applicable law, Pequod's Pizza expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability — We do not warrant that our food products or digital services will meet any particular standard of quality beyond what is legally required;
• Fitness for a particular purpose — We do not warrant that our services will be suitable for any specific purpose you may have;
• Non-infringement — We do not warrant that our Site or services will not infringe upon the rights of third parties;
• Accuracy and completeness — While we endeavor to provide accurate information on our Site, we do not warrant the accuracy, completeness, or timeliness of any content;
• Uninterrupted access — We do not warrant that the Site will be available at all times, free of errors, viruses, or other harmful components.

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 scope permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEQUOD'S PIZZA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR PERSONAL INJURY, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, the Site or any services;
• Any conduct or content of any third party on the Site;
• Any food product purchased from or through our Site;
• Unauthorized access, use, or alteration of your transmissions or content.

In no event shall our aggregate liability to you for all claims arising out of or relating to the use of or any inability to use any portion of the Site or services exceed the greater of: (a) the total amount paid by you to Pequod's Pizza in the three (3) months immediately preceding the event giving rise to the claim, or (b) One Hundred United States Dollars ($100.00).

The foregoing limitations of liability shall apply even if the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if Pequod's Pizza has been advised of the possibility of such damages. The limitation of liability reflects a reasonable allocation of risk between the parties and is a fundamental element of the basis of the bargain between us. The Site and services would not be provided without such limitations.

11. Indemnification

You agree to defend, indemnify, and hold harmless Pequod's Pizza and its respective officers, directors, employees, agents, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Site or services in any manner not expressly authorized by these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any rights of any third party, including intellectual property rights or privacy rights;
• Any content you submit, post, or transmit through the Site;
• Any misrepresentation made by you in connection with your use of our services.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with our defense of such claim. You agree not to settle any such matter without the prior written consent of Pequod's Pizza.

12. Privacy Policy

Your use of our Site and services 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 protect your personal information in compliance with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, as well as the Federal Trade Commission Act (FTC Act) governing unfair or deceptive trade practices in commerce.

By using our Site, you consent to the data practices described in our Privacy Policy. Please review our Privacy Policy carefully at freshpequods.digital/privacy-policy.

13. Governing Law and Jurisdiction

These Terms of Service, and any dispute or claim arising out of or in connection with them or their subject matter or 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 state laws governing our principal place of business, without giving effect to any choice of law or conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of our services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby irrevocably submit to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

Notwithstanding the foregoing, Pequod's Pizza reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your written notice. If the dispute is not resolved within that period, either party may proceed with formal resolution as described below.

14.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims involving our intellectual property rights or claims that qualify for small claims court, you and Pequod's Pizza agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or any products or services provided by us shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitration shall take place in the United States, and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys' fees in arbitration, except as otherwise required by applicable law.

14.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.

14.4 Opt-Out Right

You may opt out of the binding arbitration and class action waiver by sending written notice to us at [email protected] within thirty (30) days of the date you first accept these Terms. If you opt out, both you and Pequod's Pizza retain the right to pursue claims in court subject to the governing law and jurisdiction provisions of these Terms.

15. Term and Termination

These Terms are effective from the date you first access or use the Site and shall remain in full force and effect until terminated. We reserve the right, in our sole discretion, to terminate or suspend your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately.

Grounds for termination may include, but are not limited to:

• Breach of any provision of these Terms;
• Conduct that we believe is harmful to us, other users, or third parties;
• Extended periods of inactivity on your account;
• Fraudulent or illegal activity;
• At our sole discretion for any or no reason.

Upon termination, your right to use the Site and services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation: intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

You may terminate your account at any time by contacting us at [email protected] with a written request for account deletion.

16. Changes to Terms of Service

Pequod's Pizza reserves the right, at our sole discretion, to modify, amend, or replace any part of these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page and, where the changes are material, we may provide additional notice through our Site or via email to the address associated with your account.

Your continued use of the Site or services following the posting of any revised Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must stop using our Site and services immediately.

For significant changes that materially affect your rights or obligations, we will make reasonable efforts to provide at least thirty (30) days' notice prior to the changes taking effect, except where immediate changes are required by law or to address security vulnerabilities.

17. Severability

If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator under applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any particular provision shall not affect or impair 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 use their best efforts to replace any invalid, illegal, or unenforceable provision with a valid provision that achieves, to the greatest extent possible, the original intent and economic effect of the replaced provision.

18. 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 Pequod's 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, with respect to the same subject matter.

Our failure to exercise or 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 Pequod's Pizza. No waiver of any right or provision by us shall be deemed a further or continuing waiver of such right or provision or a waiver of any other right or provision.

19. Force Majeure

Pequod's Pizza shall not be held liable for any delay or failure to perform its obligations under these Terms where such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government restrictions, supply chain disruptions, civil unrest, acts of terrorism, fire, flood, labor disputes, power outages, internet service disruptions, or other events constituting force majeure. In such circumstances, we will make reasonable efforts to notify you promptly and resume normal operations as quickly as practicable.

20. Electronic Communications and Notices

By using our Site and creating an account, you consent to receive electronic communications from Pequod's Pizza, including but not limited to: order confirmations, receipts, promotional offers, account notifications, and updates to these Terms or our Privacy Policy. These electronic communications satisfy any legal requirement that such communications be in writing.

All notices from you to us must be sent to the contact information provided below in Section 21. We may send notices to you via email, SMS (if you have opted in), or by posting notices on the Site.

You may opt out of marketing and promotional communications at any time by following the unsubscribe instructions contained in any marketing email or by contacting us directly. Please note that you cannot opt out of transactional communications related to your orders or account.

21. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you wish to report a violation or submit a formal dispute, please contact us using the information below:

Our customer support team is available to respond to all inquiries within 2–3 business days. For urgent matters related to food safety or order issues, please reach out via email with "URGENT" in the subject line, and we will prioritize your request accordingly.