Terms of Service

Effective Date: June 12, 2026  |  Last Updated: June 12, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Pequod's Pizza ("Company," "we," "us," or "our"), governing your access to and use of the website located at fresh-pequods.click (the "Website"), as well as all related services, features, content, and functionality offered by Pequod's Pizza (collectively, the "Services").

By visiting our Website, creating an account, placing an order, or otherwise engaging with our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are using our Services 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, and in that case, "you" and "your" will refer to both you individually and that entity.

You must be at least eighteen (18) years of age to use our Services or place orders through our Website. By using our Services, you represent and warrant that you meet this age requirement. Pequod's Pizza reserves the right to verify your age and eligibility at any time.

These Terms are governed by and construed in accordance with the laws of the United States and applicable state laws. Your continued use of the Website and Services following the posting of any changes to these Terms constitutes your acceptance of those changes.

2. Description of Services

Pequod's Pizza operates as a food service business offering customers the ability to browse our menu, place orders for delivery, carryout, or dine-in (where applicable), make payments, and interact with our digital platform through the Website at fresh-pequods.click. Our Services include but are not limited to:

• Online Menu Browsing: Users may view our full menu of pizzas, appetizers, beverages, desserts, and other food and drink offerings, including detailed descriptions, ingredients, allergen information (where provided), and pricing.
• Online Ordering: Users may place orders for food and beverages through our Website for delivery, carryout, or dine-in service, subject to availability, operating hours, and geographic limitations.
• Account Creation and Management: Users may create accounts to store order history, manage saved payment methods, track orders, and receive personalized communications.
• Promotions and Loyalty Programs: From time to time, Pequod's Pizza may offer promotional deals, coupons, discounts, or loyalty reward programs, subject to their own specific terms and conditions.
• Customer Support: Users may contact our customer support team through our Website, by phone, or via email for inquiries, complaints, or assistance.
• Catering Services: Where available, users may inquire about and arrange catering services for events, subject to separate catering agreements and terms.

Pequod's Pizza reserves the right to modify, suspend, or discontinue any aspect of its Services at any time, with or without notice, and without liability to you. Availability of certain menu items, delivery areas, and service features may vary by location and are subject to change without prior notice.

All food items offered through our Services are subject to availability. We reserve the right to substitute ingredients or items when necessary and will make reasonable efforts to communicate any significant changes to your order before preparation when possible. Pequod's Pizza does not guarantee that all items displayed on the Website will be available at the time of your order.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when registering for an account, placing an order, or communicating with us.
• Maintain the security and confidentiality of your account credentials and immediately notify us of any unauthorized use of your account.
• Use our Services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
• Provide valid and authorized payment information and ensure sufficient funds or credit availability when placing orders.
• Be present at the designated delivery address or carryout location at the agreed time to receive your order.
• Treat our staff, delivery personnel, and other users with respect and professionalism in all interactions.
• Review and comply with any additional terms associated with specific promotions, loyalty programs, or catering services you utilize.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities while using our Website or Services:

• Impersonating any person, entity, or Pequod's Pizza representative, or falsely representing your affiliation with any person or entity.
• Using the Website or Services for any fraudulent, deceptive, or unlawful purpose, including submitting false orders, using fraudulent payment methods, or engaging in identity theft.
• Attempting to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, or any server, computer, or database connected to the Website.
• Using automated scripts, bots, scrapers, crawlers, or other automated tools to access, scrape, or extract data from our Website without our express written permission.
• Transmitting any viruses, malware, worms, Trojan horses, or other harmful code or data that may damage, interfere with, or disrupt the operation of the Website or any connected systems.
• Uploading, posting, or transmitting any content that is unlawful, defamatory, obscene, harassing, threatening, or otherwise objectionable.
• Interfering with or disrupting the integrity or performance of the Website, its Services, or the systems or networks connected to it.
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software underlying our Website or Services.
• Collecting or harvesting any personally identifiable information from the Website without express authorization.
• Engaging in any activity that places an unreasonably large load on our infrastructure or that disrupts the experience of other users.
• Using the Services to send unsolicited commercial communications (spam) or to promote third-party products or services without our express written consent.
• Reselling, redistributing, or commercially exploiting any aspect of our Services without our prior written consent.
• Circumventing, disabling, or otherwise interfering with security-related features of the Website, including features that prevent or restrict use or copying of content.

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

4. Intellectual Property Rights

All content, materials, and features available on the Website and through our Services, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, digital downloads, software, trademarks, service marks, trade names, and the overall look and feel of the Website (collectively, "Intellectual Property"), are the exclusive property of Pequod's Pizza or its licensors and are protected by United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

The Pequod's Pizza name, logo, and all related marks are trademarks and/or registered trademarks of Pequod's Pizza in the United States. You may not use any of our trademarks, service marks, or trade names without our express prior written consent. Unauthorized use of our Intellectual Property may constitute trademark infringement, copyright infringement, or other violations of applicable law.

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

• Reproduce, distribute, publicly display, or publicly perform any content from the Website.
• Modify or create derivative works based upon Website content.
• Use any data mining, robots, or similar data gathering or extraction tools on the Website.
• Download or copy account information for the benefit of any third party.
• Use any content for commercial purposes without our express written consent.

Any feedback, suggestions, ideas, or other submissions you provide to us regarding our Services ("Feedback") shall be deemed non-confidential, and Pequod's Pizza shall be free to use such Feedback for any purpose without compensation or attribution to you.

5. Payment Terms

By placing an order through our Website, you agree to pay all charges associated with your order, including the price of the food items, applicable taxes, service fees, and delivery fees (if applicable), as displayed at the time of checkout. All prices are listed in United States Dollars (USD).

We accept various forms of payment as indicated on the checkout page, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods we may offer from time to time. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the total amount of your order to that payment method.

All payment transactions are processed through secure third-party payment processors. Pequod's Pizza does not store your full credit card or payment account details on our servers. Your payment information is subject to the privacy policy and security measures of the applicable payment processor.

Prices for menu items are subject to change at any time without prior notice. The price charged for an order will be the price in effect at the time you submit your order. Tax rates and delivery fees are calculated based on your delivery address and current applicable rates at the time of ordering.

If a payment is declined or fails for any reason, we reserve the right to cancel your order. In such cases, we will make reasonable efforts to notify you using the contact information associated with your account. Pequod's Pizza is not responsible for any fees, charges, or penalties imposed by your financial institution in connection with payment transactions.

Refunds and cancellations are subject to our refund and cancellation policy. In general, orders may be cancelled within a limited time window after placement, as food preparation typically begins promptly. If you experience a problem with your order, please contact us immediately at [email protected] and we will work to resolve the issue in a fair and timely manner.

6. Disclaimers and As-Is Basis

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

PEQUOD'S PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS FOR INDIVIDUALS WITH SPECIFIC DIETARY NEEDS, ALLERGIES, OR MEDICAL CONDITIONS.

ALLERGEN AND NUTRITIONAL INFORMATION: While we make reasonable efforts to provide accurate allergen and nutritional information, Pequod's Pizza cannot guarantee that any food item is completely free from any particular allergen due to the possibility of cross-contamination during food preparation. Customers with serious food allergies or dietary restrictions are strongly advised to contact us directly before placing an order to discuss their specific needs. Pequod's Pizza disclaims any liability for adverse reactions resulting from allergen exposure.

THIRD-PARTY CONTENT: Our Website may contain links to third-party websites, services, or content. These links are provided for your convenience only. Pequod's Pizza does not endorse, control, or assume responsibility for any third-party websites or content, and we make no representations or warranties regarding their accuracy, legality, or appropriateness.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING BUT NOT LIMITED TO THE FEDERAL TRADE COMMISSION ACT AND APPLICABLE STATE CONSUMER PROTECTION STATUTES, IN NO EVENT SHALL PEQUOD'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE (EXCEPT WHERE DIRECTLY CAUSED BY OUR NEGLIGENCE OR INTENTIONAL MISCONDUCT);
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM ERRORS, INACCURACIES, OR OMISSIONS IN ANY CONTENT OR INFORMATION ON THE WEBSITE;
• DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES.

IN ALL CASES, PEQUOD'S PIZZA'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES, REGARDLESS OF THE LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE), SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU ACTUALLY PAID TO PEQUOD'S PIZZA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Nothing in these Terms shall limit or exclude Pequod's Pizza's liability for fraud, gross negligence, intentional misconduct, or any liability that cannot be excluded or limited by applicable law.

8. Indemnification

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

• Your violation of these Terms or any applicable law or regulation;
• Your use of the Website or Services, including any orders placed through the Website;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or contractual rights;
• Any content you submit, post, or transmit through the Website;
• Your fraud, misrepresentation, or intentional misconduct;
• Your breach of any representation or warranty made in these Terms.

Pequod's Pizza reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with our defense of such claims. You agree not to settle any indemnified claim without Pequod's Pizza's prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute arising out of or related to them or the use of our Services shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Pequod's Pizza's primary place of business is located, without regard to its conflict of law principles.

To the extent that any dispute is not subject to mandatory arbitration as described in Section 10 below, you consent to the exclusive personal jurisdiction and venue in the federal and state courts located within the United States for the resolution of any disputes. You waive any objection to such jurisdiction and venue, including any objection based on improper venue or inconvenient forum.

This Agreement shall be interpreted in a manner consistent with the Federal Trade Commission Act, 15 U.S.C. § 41 et seq., and all other applicable federal and state laws governing consumer transactions, food safety, electronic commerce, and data privacy. If you are a California resident, you may also have rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as addressed in our Privacy Policy.

Users located in different states may have additional rights under their respective state consumer protection laws. Nothing in these Terms is intended to limit any rights you may have under applicable state law that cannot be waived by contract.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services informally by contacting Pequod's Pizza at [email protected]. We will make a good-faith effort to resolve any complaint or concern 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.

10.2 Binding Arbitration

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

Except for disputes that qualify for small claims court, and except as otherwise provided herein, you and Pequod's Pizza agree that any dispute, claim, or controversy arising out of or relating to these Terms or our Services shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in English, in the United States.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of arbitration shall be allocated in accordance with AAA Consumer Arbitration Rules. Each party shall bear its own attorneys' fees, except as otherwise required by applicable law or as the arbitrator may award in accordance with applicable law.

10.3 Class Action Waiver

YOU AND PEQUOD'S 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. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

10.4 Exceptions to Arbitration

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

11. Term and Termination

These Terms shall remain in full force and effect while you use our Website or Services. Pequod's Pizza reserves the right, in its sole discretion and without notice or liability, to:

• Terminate or suspend your account and access to our Services at any time for any reason, including but not limited to violation of these Terms;
• Cancel any pending orders if we determine that they were placed in violation of these Terms or involve fraudulent activity;
• Refuse service to any person or entity for any lawful reason;
• Discontinue or modify any aspect of our Services at any time.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations that arose prior to termination, including payment for any orders placed before the termination date.

Upon termination of your account or your use of our Services for any reason:

• The license granted to you under these Terms will immediately terminate;
• You must cease all use of the Website and Services;
• Any pending orders may be cancelled at our discretion;
• Any accrued loyalty points or rewards may be forfeited.

All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification, limitation of liability, dispute resolution, and governing law provisions.

12. Changes to Terms

Pequod's Pizza reserves the right, at our sole discretion, to modify, amend, update, or replace any part of these Terms of Service at any time. When we make changes to these Terms, we will update the "Last Updated" date at the top of this page. In the case of material changes that significantly affect your rights or obligations, we will make reasonable efforts to provide you with notice, which may include posting a prominent notice on our Website, sending an email to the address associated with your account, or other means we deem appropriate.

Your continued use of our Website or Services after any changes to these Terms are posted and effective will constitute your acknowledgment and acceptance of those changes. If you do not agree to the modified Terms, you must discontinue your use of our Services and, if applicable, request deletion of your account.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check this page regularly for changes. Pequod's Pizza shall not be liable to you or any third party for any modification, suspension, or termination of the Terms or our Services.

13. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, such provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

The parties agree that in the event that any provision is found to be invalid or unenforceable, the court or arbitrator shall have the authority to modify such provision in a manner consistent with the parties' original intent as closely as legally possible, so as to give the greatest possible effect to the agreed-upon terms.

In particular, if the class action waiver provision in Section 10.3 is found to be unenforceable in any legal proceeding, then the entirety of the arbitration agreement in Section 10.2 shall be null and void with respect to that particular proceeding, and the parties agree to submit such proceeding to a court of competent jurisdiction.

14. Additional Legal Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements published by Pequod's Pizza on the Website, constitute the entire agreement between you and Pequod's Pizza with respect to the subject matter herein and supersede all prior and contemporaneous agreements, representations, warranties, and understandings between you and Pequod's Pizza, whether written or oral.

14.2 No Waiver

The failure of Pequod's Pizza to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that 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.

14.3 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Pequod's Pizza may freely assign or transfer these Terms or any rights or obligations hereunder without restriction. Any attempted assignment in violation of this provision shall be null and void.

14.4 Force Majeure

Pequod's Pizza shall not be liable for any failure or delay in performance of its obligations under these Terms arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, war, terrorism, governmental actions, power failures, internet service disruptions, labor disputes, or supply chain disruptions. In such events, we will use commercially reasonable efforts to resume normal operations as soon as practicable.

14.5 Electronic Communications

By using our Website and Services, you consent to receive electronic communications from Pequod's Pizza, including emails, text messages (if you have opted in), and notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14.6 Food Safety and Regulatory Compliance

Pequod's Pizza is committed to compliance with all applicable federal, state, and local food safety regulations, including those administered by the U.S. Food and Drug Administration (FDA) and applicable state and local health departments. We adhere to all applicable requirements under the Food Safety Modernization Act (FSMA) and other relevant food safety laws. If you have concerns about food safety or quality, please contact us immediately.

15. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, our Services, or any aspect of your interaction with Pequod's Pizza, please do not hesitate to contact us using the information provided below. Our customer support team is available to assist you during normal business hours.

For legal notices, formal dispute notifications, or matters requiring written correspondence, please direct your communication to our email address at [email protected] with a clear subject line describing the nature of your inquiry. We will make commercially reasonable efforts to respond to all inquiries within five (5) to ten (10) business days.