Terms of Service

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

1. Acceptance of Terms

By accessing or using the Site, placing an order, creating an account, or otherwise interacting with any aspect of Punch Pizza's digital or physical services, you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy and any other policies incorporated herein by reference.

If you do not agree to these Terms in their entirety, you must immediately cease use of this Site and all associated services. Your continued use of the Site following any posted modification to these Terms constitutes your binding acceptance of the revised Terms.

These Terms constitute a legally binding agreement between you and Punch Pizza. If you are using the Site on behalf of an organization or entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall refer to both you individually and the entity on whose behalf you act.

You must be at least thirteen (13) years of age to use this Site. If you are under eighteen (18) years of age, you may only use the Site with the involvement and consent of a parent or legal guardian. By using the Site, you represent and warrant that you meet the applicable age requirements.

2. Description of Services

Punch Pizza is a food service business operating within the United States. We offer the following services through our website at pizzapunchs.rest and through our physical location(s):

• Online Ordering: Customers may browse our menu and place orders for pickup or delivery through our digital platform.
• Dine-In Services: We provide a dining experience at our physical restaurant location(s), subject to hours of operation and availability.
• Catering and Group Orders: We may offer catering services for events, parties, corporate gatherings, and other special occasions, subject to advance notice and availability.
• Loyalty and Promotional Programs: From time to time, we may offer promotional discounts, loyalty rewards, or special offers accessible through the Site.
• Customer Account Management: Users may register for an account to save preferences, track orders, and manage payment information.
• Informational Content: The Site provides information about our menu, ingredients, nutritional content, locations, hours, and other relevant details.

We reserve the right to modify, suspend, expand, or discontinue any aspect of our services at any time without prior notice, at our sole discretion. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Availability of specific menu items, promotions, and services may vary by location, season, or other operational factors. We do not guarantee the continuous availability of any particular product or service.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a condition of your use of the Site and services, you agree to:

• Provide accurate, current, and complete information when placing orders or creating an account.
• Maintain the security and confidentiality of your account credentials and notify us immediately of any unauthorized use of your account.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site.
• Use the Site only for lawful purposes and in accordance with these Terms.
• Pay all charges incurred under your account at the prices in effect at the time such charges are incurred.
• Review menu items and ingredient information carefully, particularly if you have food allergies, dietary restrictions, or other health-related concerns.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities in connection with the Site or our services:

• Fraudulent Activity: Submitting false, misleading, or fraudulent orders, payment information, or personal details; engaging in any form of payment fraud or chargeback abuse.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, other user accounts, our servers, or any computer systems or networks connected to the Site.
• Scraping and Data Mining: Using automated tools, scripts, bots, scrapers, or similar technology to access, collect, or extract data from the Site without our express written permission.
• Disruption of Services: Introducing viruses, malware, Trojan horses, worms, or any other harmful code; engaging in denial-of-service attacks or any other conduct that disrupts or interferes with the functionality of the Site.
• Misrepresentation: Impersonating any person or entity, including any employee or representative of Punch Pizza, or falsely stating or otherwise misrepresenting your affiliation with any person or entity.
• Harassment: Harassing, intimidating, threatening, or otherwise engaging in abusive conduct toward our staff, other customers, or third parties in connection with your use of our services.
• Intellectual Property Violations: Reproducing, distributing, displaying, or creating derivative works from any content on the Site without our prior written consent.
• Commercial Exploitation: Using the Site or services for any commercial purpose not expressly authorized by us, including reselling orders or using our content for competing commercial activities.
• Unlawful Conduct: Using the Site to facilitate any activity that violates applicable federal, state, or local law, including but not limited to consumer fraud statutes enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 45).
• Circumvention: Attempting to bypass, deactivate, or circumvent any security feature, content protection mechanism, or access control system used by the Site.

We reserve the right to investigate any suspected violations of these Terms and to take appropriate action, including suspending or terminating your account, reporting conduct to law enforcement, and pursuing legal remedies to the fullest extent permitted by law.

4. Intellectual Property Rights

4.1 Ownership of Content

All content available on the Site, including but not limited to text, graphics, logos, photographs, images, menu designs, branding materials, audio clips, video clips, digital downloads, data compilations, software, and the overall "look and feel" of the Site (collectively, "Content"), is the exclusive property of Punch Pizza or its licensors and is protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, and trade secret laws.

The Punch Pizza name, logo, taglines, and all related product and service names are trademarks or service marks of Punch Pizza. You may not use any such marks without our prior written authorization. All other trademarks referenced on the Site are the property of their respective owners.

4.2 Limited License to Users

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial purposes of ordering food and accessing information about Punch Pizza's services. This license does not include any right to:

• Modify, adapt, or create derivative works based upon the Content;
• Reproduce, distribute, publicly display, or publicly perform the Content for commercial purposes;
• Remove or alter any proprietary notices or labels on the Content;
• Use data mining, robots, or similar data gathering and extraction tools on the Site.

4.3 User-Submitted Content

If you submit any reviews, comments, feedback, photographs, or other content to the Site or our social media channels ("User Content"), you grant Punch Pizza a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business operations and marketing activities. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe upon the rights of any third party.

5. Payment Terms

5.1 Pricing and Currency

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices shown do not include applicable sales taxes, delivery fees, service charges, or gratuities unless explicitly stated. The final price charged to you will be displayed at checkout before you confirm your order.

5.2 Payment Methods

We accept payment via major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and such other payment methods as may be indicated on the Site from time to time. By submitting payment information, you represent that you are authorized to use the designated payment method and authorize Punch Pizza to charge your selected payment method for the full amount of your order.

5.3 Order Confirmation and Cancellation

Upon successful placement of an order, you will receive an order confirmation via email or SMS, as applicable. This confirmation represents our acceptance of your order. Once an order has been confirmed and is being prepared, cancellations or modifications may not be possible. Please contact us promptly at [email protected] if you need to modify or cancel an order.

5.4 Refunds and Returns

Due to the perishable nature of food products, all sales are generally considered final. However, if you receive an order that is incorrect, damaged, or does not meet reasonable quality standards, please contact us within a reasonable time of receipt (generally within twenty-four (24) hours). We will evaluate your claim in good faith and, at our discretion, may offer a replacement order, store credit, or partial or full refund. Refunds, if approved, will be credited to the original payment method within five (5) to ten (10) business days, subject to your financial institution's processing times.

5.5 Taxes

You are responsible for all applicable federal, state, and local taxes arising from your purchase. Applicable sales tax will be calculated and displayed at checkout based on your delivery address or pickup location.

6. Disclaimers and "As-Is" Basis

THE SITE AND ALL SERVICES, CONTENT, PRODUCTS, AND INFORMATION PROVIDED BY PUNCH PIZZA 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 LAW.

PUNCH PIZZA 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, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE SITE, INCLUDING NUTRITIONAL INFORMATION AND INGREDIENT LISTINGS;
• WARRANTIES THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED.

ALLERGEN AND NUTRITIONAL INFORMATION: While we make reasonable efforts to provide accurate allergen and nutritional information, we cannot guarantee that our food products are free from any particular allergen. Our food items are prepared in a kitchen environment that handles common allergens including but not limited to gluten, dairy, eggs, nuts, soy, and shellfish. Customers with severe food allergies are advised to contact us directly before placing an order and to exercise independent caution.

THIRD-PARTY DELIVERY SERVICES: If your order is fulfilled through a third-party delivery platform or service, we disclaim all liability for the acts or omissions of such third-party providers, including delays, errors, or quality issues arising during the delivery process.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUNCH PIZZA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SITE OR SERVICES.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PUNCH PIZZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ALL CASES, PUNCH PIZZA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO PUNCH PIZZA IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

8. Indemnification

You agree to defend, indemnify, and hold harmless Punch Pizza and its respective owners, officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to the Site or services;
• Your violation of these Terms of Service or any applicable law or regulation;
• Your violation of any third party's rights, including intellectual property rights or privacy rights;
• Any User Content you submit to the Site;
• Your negligence, willful misconduct, or fraudulent activity;
• Any dispute between you and a third party related to your use of the Site or services.

We reserve the right, at your expense, to assume exclusive control and defense of any matter for which you are required to indemnify us. You agree to cooperate with our defense of any such claims. This indemnification obligation will survive the termination of these Terms and your use of the Site.

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 Punch Pizza is registered and operates, without regard to any conflict of law principles that would require application of another jurisdiction's laws.

To the extent that any dispute is not resolved through arbitration as described in Section 10 below, you agree to submit to the exclusive personal jurisdiction and venue of the federal and state courts located in the applicable United States jurisdiction governing Punch Pizza's primary place of business for the resolution of any disputes not subject to arbitration.

These Terms are subject to all applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), which prohibits unfair or deceptive acts or practices in or affecting commerce. Where applicable, California users may also have rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as addressed in our Privacy Policy.

Nothing in these Terms shall be construed to limit any rights you may have under applicable mandatory consumer protection laws in your jurisdiction.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Punch Pizza and attempt to resolve any dispute informally. Please send a written description of your dispute to [email protected] with the subject line "Dispute Notice." We will make reasonable efforts to resolve your concern within thirty (30) days of receipt. If the dispute is not resolved within that period, either party may pursue formal resolution as described below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

Except for disputes that qualify for small claims court or involve requests for emergency injunctive or equitable relief, you and Punch Pizza 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 to the use of the Site or services (collectively, "Disputes"), shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are incorporated herein by reference.

The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You understand that you are giving up your right to litigate disputes in court before a judge or jury.

10.3 Class Action Waiver

YOU AND PUNCH PIZZA AGREE THAT EACH PARTY 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 ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

10.4 Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to [email protected] within thirty (30) days of your first use of the Site. If you opt out, all other portions of these Terms will continue to apply to you.

11. Term and Termination

11.1 Duration

These Terms of Service shall remain in full force and effect for as long as you access or use the Site or services, or maintain an account with us. Certain provisions of these Terms, by their nature, shall survive termination, including but not limited to Sections 4 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Law), and 10 (Dispute Resolution).

11.2 Termination by You

You may terminate your account or cease using the Site at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including any outstanding payment obligations.

11.3 Termination by Us

We reserve the right to suspend, restrict, or terminate your access to the Site and services, with or without notice, at our sole discretion, for any reason or no reason, including but not limited to:

• Your violation or suspected violation of these Terms;
• Requests from law enforcement or government agencies;
• Unexpected technical or security issues;
• Extended periods of account inactivity;
• Fraudulent, abusive, or otherwise harmful activity.

Upon termination, your right to use the Site and services will immediately cease. We shall not be liable to you or any third party for any termination of your account or access to the Site.

12. Changes to Terms

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

• Posting the revised Terms on the Site with an updated "Last Updated" date;
• Sending an email notification to the address associated with your account, where feasible; and/or
• Displaying a prominent notice on the Site's homepage.

Your continued use of the Site or services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to the modified Terms, you must discontinue your use of the Site immediately.

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

13. Third-Party Links and Services

The Site may contain links to third-party websites, services, applications, or platforms that are not owned or controlled by Punch Pizza, including third-party delivery platforms, payment processors, and social media networks. We provide these links for your convenience only and do not endorse or assume any responsibility for the content, privacy policies, practices, or terms of any third-party sites or services.

Your interactions with third-party websites and services are governed solely by the terms and conditions and privacy policies of those third parties. We strongly encourage you to review the terms and privacy policies of any third-party site you visit. Punch Pizza shall not be liable for any damages or losses caused by your use of or reliance on any third-party website, product, or service.

14. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, share, and protect information about you when you use our Site and services. By using the Site, you consent to our collection and use of your information as described in the Privacy Policy.

For users located in California, we comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) as described in our Privacy Policy. For all users, we comply with applicable data protection standards under federal law, including regulations administered by the Federal Trade Commission.

15. Food Safety and Allergen Notice

Punch Pizza takes food safety seriously and complies with all applicable federal, state, and local food safety regulations, including guidelines set forth by the U.S. Food and Drug Administration (FDA) and applicable state and local health departments.

However, we strongly advise all customers to:

• Carefully review ingredient and allergen information prior to placing an order;
• Inform our staff of any known food allergies or dietary restrictions;
• Understand that cross-contamination may occur in our food preparation environments;
• Consult with a healthcare professional if you have serious food-related medical conditions.

Punch Pizza shall not be liable for any adverse health reactions resulting from undisclosed food allergies or sensitivities where accurate allergen information was made reasonably available to the customer.

16. Force Majeure

Punch Pizza shall not be liable for any failure or delay in the performance of our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders or restrictions, acts of war or terrorism, labor strikes, supply chain disruptions, power outages, internet service interruptions, or other events of force majeure.

In the event of a force majeure event, we will make reasonable efforts to notify affected customers and resume normal operations as soon as practicable.

17. Severability

If any provision of these Terms of Service is found to be invalid, illegal, unenforceable, or void by a court or arbitrator of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall continue in full force and effect and shall not be affected, impaired, or invalidated.

The parties agree that any such court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the invalid or unenforceable provision, and the other provisions of these Terms shall be construed as if the invalid or unenforceable provision had never been contained herein, insofar as is reasonably possible.

18. Entire Agreement and Waiver

These Terms of Service, together with the Privacy Policy and any other policies, guidelines, or agreements incorporated herein by reference, constitute the entire agreement between you and Punch Pizza with respect to your use of the Site and services and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, regarding the subject matter hereof.

No waiver by Punch Pizza of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of Punch Pizza. No waiver of any breach of any provision of these Terms shall be construed as a waiver of any subsequent breach of the same or any other provision. Failure of Punch Pizza to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy.

19. Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. Punch Pizza may freely assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, and such assignment shall be binding upon your successors and permitted assigns.

20. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, or if you need to contact us for any reason, please reach out to us using the following contact details:

We will make reasonable efforts to respond to all inquiries within five (5) business days. For urgent matters relating to your order or food safety concerns, please contact us directly via email at [email protected].