Terms of Service

Please read these Terms of Service carefully before using the website located at deweysdining.click or placing any order with Dewey's Pizza. By accessing or using our website, services, or placing an order, you agree to be bound by these Terms of Service in their entirety.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Dewey's Pizza ("Company," "we," "us," or "our"), governing your access to and use of the website deweysdining.click (the "Website"), as well as all related services, products, online ordering systems, and digital content offered by Dewey's Pizza (collectively, the "Services").

By visiting our Website, creating an account, placing an order, subscribing to any communications, or otherwise engaging with our Services in any manner, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or if under 18, you have obtained verifiable parental or guardian consent;
• You have the legal authority and capacity to enter into this Agreement;
• You will comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services.

If you do not agree to these Terms, you must immediately discontinue use of the Website and Services. Your continued use of the Website following any modifications to these Terms constitutes your acceptance of the revised Terms.

2. Description of Services

Dewey's Pizza is a food service establishment specializing in the preparation, sale, and delivery of pizza and related food and beverage products. Our Services include, but are not limited to:

• Online Ordering: Customers may browse our menu and place orders for dine-in, carry-out, curbside pickup, or delivery through our Website;
• Menu Information: We provide detailed information regarding ingredients, pricing, nutritional content (where available), allergen disclosures, and customization options;
• Account Management: Registered users may create and manage personal accounts to track order history, save payment methods, and manage preferences;
• Promotions and Loyalty Programs: We may offer coupons, discount codes, promotional offers, and loyalty rewards programs subject to their own applicable terms;
• Customer Support: We provide support services via email, phone, and other communication channels to assist customers with orders, complaints, and inquiries;
• Third-Party Delivery Integration: In certain cases, delivery services may be fulfilled by or in partnership with third-party delivery platforms or independent contractors.

We reserve the right to modify, suspend, discontinue, or restrict access to any part of our Services at any time without prior notice and without liability to you. The availability of menu items, pricing, hours of operation, delivery zones, and promotional offers is subject to change at our sole discretion.

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 creating an account or placing an order;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access;
• Use the Services only for lawful, personal, and non-commercial purposes unless expressly authorized in writing by Dewey's Pizza;
• Comply with all applicable local, state, federal, and international laws and regulations;
• Pay all charges incurred through your account, including applicable taxes, delivery fees, and gratuities;
• Be present and available at the designated delivery address at the estimated delivery time;
• Treat Dewey's Pizza employees, contractors, and delivery personnel with respect and professionalism.

3.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

• Using the Website or Services for any fraudulent, deceptive, or unlawful purpose;
• Submitting false, misleading, or inaccurate order information, including fraudulent payment details;
• Attempting to circumvent, disable, or interfere with any security features, technical measures, or access controls of the Website;
• Using automated tools, bots, scrapers, crawlers, or similar technologies to access, collect, or copy content from the Website without express written permission;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive source code from our Website or software;
• Uploading, transmitting, or distributing any malware, viruses, spyware, ransomware, or other malicious code;
• Engaging in any activity that places an unreasonable or disproportionately large load on our infrastructure;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Collecting, harvesting, or storing personal information of other users without their explicit consent;
• Posting, transmitting, or distributing defamatory, obscene, harassing, threatening, or otherwise objectionable content through any feedback or communication features;
• Attempting to gain unauthorized access to other user accounts, servers, databases, or network systems;
• Reselling or commercially exploiting our Services, menu content, or any portion of the Website without prior written authorization;
• Placing orders with no intention of completing payment or accepting delivery, thereby wasting resources or causing financial harm to the Company.

Violation of any prohibited activity may result in immediate suspension or termination of your account, cancellation of pending orders, and may expose you to civil or criminal liability under applicable law.

4. Account Registration and Security

To access certain features of our Website, including online ordering and loyalty program participation, you may be required to register for an account. You agree to provide truthful and accurate registration information. You are solely responsible for maintaining the confidentiality of your account username and password. You agree to accept full responsibility for all activities that occur under your account.

Dewey's Pizza reserves the right to terminate, suspend, or refuse registration of any account at our sole discretion, including if we believe that any information you have provided is inaccurate, incomplete, or in violation of these Terms. You must notify us immediately at [email protected] if you suspect any unauthorized use of your account or security breach.

5. Payment Terms

5.1 Pricing and Taxes

All prices listed on our Website are in United States Dollars (USD) and are subject to change without prior notice. Applicable sales taxes will be calculated and added to your order total at checkout in accordance with state and local tax regulations. You are responsible for any taxes, duties, or other charges applicable to your purchase.

5.2 Payment Methods

We accept major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as may be displayed on the Website at the time of checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Dewey's Pizza to charge your payment method for the full amount of your order, including any applicable fees and taxes.

5.3 Order Confirmation

An order is not confirmed until you receive a written or electronic confirmation from Dewey's Pizza. We reserve the right to refuse, cancel, or limit any order at our sole discretion, including orders that appear to be fraudulent, that exceed quantity limits, or that contain pricing errors. In the event of a pricing error, we will notify you promptly and provide you with the option to confirm the order at the corrected price or cancel it.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. However, if you receive an incorrect, incomplete, or unsatisfactory order, please contact us within 24 hours of receipt at [email protected]. We will review your claim and, at our sole discretion, offer a replacement, store credit, or refund as appropriate. Refund processing times may vary depending on your payment method and financial institution.

5.5 Delivery Fees and Gratuities

Delivery fees and optional gratuities may apply to certain orders and will be disclosed at checkout. Gratuities, where provided, are distributed to delivery personnel in accordance with applicable law and our internal compensation policies.

6. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, icons, photographs, audio clips, digital downloads, data compilations, menu designs, brand names, trademarks, service marks, trade dress, and software (collectively, "Content"), is the exclusive property of Dewey's Pizza or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

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

• Any resale or commercial use of the Website or its Content;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of the Website or its Content;
• Any downloading or copying of account information for the benefit of another merchant or business;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Content terminates the permission or license granted herein. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Website or any of its Content for any commercial purpose without express prior written consent from Dewey's Pizza.

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

7. Food Allergen and Dietary Disclosure

Dewey's Pizza makes reasonable efforts to provide accurate information regarding allergens and dietary content. However, our food is prepared in a shared kitchen environment where cross-contamination with common allergens, including but not limited to wheat, gluten, dairy, eggs, nuts, soy, and shellfish, is possible. We cannot guarantee that any menu item is completely free of any particular allergen.

If you have a food allergy or dietary restriction, it is your sole responsibility to notify us prior to ordering and to exercise independent judgment regarding the suitability of our products for your dietary needs. Dewey's Pizza shall not be liable for any adverse reactions, allergic responses, or health consequences arising from your consumption of our food products.

8. Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, or services that are not owned or controlled by Dewey's Pizza. These links are provided for your convenience and do not constitute an endorsement by Dewey's Pizza of any third-party content, product, or service. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services.

We strongly advise you to read the terms and privacy policies of any third-party websites you visit. Your use of third-party delivery platforms, payment processors, or other integrated services is subject to their respective terms and conditions, and Dewey's Pizza expressly disclaims all liability arising therefrom.

9. Disclaimers — Services Provided "As-Is"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DEWEY'S 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 WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVER HOSTING THE WEBSITE IS FREE OF VIRUSES OR ERRORS.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you to the extent prohibited by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL DEWEY'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE 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 SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• CONDUCT OF THIRD PARTIES ON OR THROUGH THE WEBSITE;
• ANY OTHER MATTER RELATING TO THE SERVICES.

IN NO EVENT SHALL DEWEY'S PIZZA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DEWEY'S PIZZA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

These limitations apply regardless of the legal theory on which the claim is based, including contract, tort, negligence, strict liability, or otherwise, and even if Dewey's Pizza has been advised of the possibility of such damages. Some states do not allow the limitation of liability for certain types of damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, hold harmless, and release Dewey's Pizza, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, 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 Website or Services;
• Your submission of any content, material, or information through the Website;
• Your infringement of any intellectual property or other rights of any third party;
• Your negligent or willful misconduct;
• Any dispute between you and a third party relating to your use of the Services.

Dewey's Pizza reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate fully with Dewey's Pizza in asserting any available defenses.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by, construed, and enforced in accordance with the laws of the United States of America and applicable state law, without regard to any conflict of law provisions. To the extent federal law applies, these Terms shall be interpreted in accordance with applicable federal statutes and regulations, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) regarding unfair or deceptive trade practices.

Any legal action or proceeding arising out of or related to these Terms or the Services not subject to arbitration as set forth below shall be brought exclusively in the appropriate federal or state courts located in the United States. You hereby irrevocably consent to personal jurisdiction and venue in such courts and waive any objection to jurisdiction or venue therein.

Users located in California are also entitled to rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and the California Business and Professions Code. Nothing in these Terms shall be construed to limit such rights to the extent prohibited by California law.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting Dewey's Pizza at [email protected] with a written description of the dispute, your contact information, and the relief you are seeking. Both parties agree to make a good-faith effort to resolve the dispute informally within thirty (30) calendar days of receipt of such notice.

13.2 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You and Dewey's Pizza each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.

13.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the completion of arbitration. Additionally, disputes involving claims of intellectual property infringement may be litigated in court without prior arbitration.

13.4 Time Limitation on Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

14. Term and Termination

14.1 Term

These Terms shall remain in full force and effect for as long as you access, use, or interact with the Website or Services, or maintain an account with Dewey's Pizza.

14.2 Termination by User

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

14.3 Termination by Dewey's Pizza

Dewey's Pizza reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate your access to the Website and Services at any time, with or without cause, and with or without notice, including but not limited to circumstances where:

• You have violated any provision of these Terms;
• We reasonably believe your account or activity poses a security risk or is fraudulent;
• Continued service to you may expose Dewey's Pizza to legal liability;
• We cease to offer the Services in your area;
• We are required to do so by applicable law or regulation.

14.4 Effect of Termination

Upon termination of your account or these Terms, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, payment obligations, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

15. Changes to These Terms

Dewey's Pizza reserves the right to update, amend, revise, or replace these Terms at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and, where feasible, provide additional notice such as an email notification or a prominent banner on the Website.

It is your responsibility to review these Terms periodically for changes. Your continued use of the Website or Services following the posting of updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately cease use of the Services and, if applicable, deactivate your account.

We may also modify, discontinue, or change the features, functionality, pricing, or availability of any aspect of the Services at any time without notice, and we shall have no liability to you or any third party for doing so.

16. Privacy Policy

Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information. By using our Services, you consent to the collection and use of your data as described in our Privacy Policy. We encourage you to review our Privacy Policy regularly.

To the extent that you are a resident of California, your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) are addressed in our Privacy Policy. We do not sell personal information as defined under applicable California law.

17. Electronic Communications

By using the Website or Services, you consent to receive electronic communications from Dewey's Pizza, including order confirmations, promotional emails, newsletters, and other correspondence via email or through the Website. You agree that all notices, disclosures, and communications provided electronically satisfy any legal requirement that such communications be in writing.

You may opt out of marketing and promotional communications at any time by following the unsubscribe instructions included in any such communication or by contacting us at [email protected]. Note that you may continue to receive transactional communications related to your orders and account.

18. Force Majeure

Dewey's Pizza shall not be held liable for any failure or delay in performing its obligations under these Terms arising from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government-mandated shutdowns, supply chain disruptions, labor disputes, power outages, internet failures, cyberattacks, wars, terrorism, civil unrest, or any other event constituting force majeure. During such events, our obligations will be suspended to the extent affected, and we will endeavor to resume normal operations as quickly as practicable.

19. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, unlawful, void, unenforceable, or in conflict with any applicable law, such provision shall be deemed severed from these Terms to the minimum extent necessary, and shall not affect the validity, legality, or enforceability of the remaining provisions. The remaining provisions shall continue in full force and effect. Any invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable, consistent with the original intent of the parties.

20. Waiver

No waiver by Dewey's Pizza of any breach, term, condition, or default under these Terms shall be deemed a waiver of any subsequent breach, term, condition, or default, or a waiver of the term, condition, or default itself. A waiver shall only be valid if provided in writing and signed by an authorized representative of Dewey's Pizza. The failure of Dewey's Pizza to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

21. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines published by Dewey's Pizza on the Website, constitute the entire agreement between you and Dewey's Pizza with respect to your use of the Website and Services. This Agreement supersedes all prior and contemporaneous understandings, negotiations, communications, representations, and agreements, whether oral or written, between you and Dewey's Pizza relating to the subject matter hereof.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms. Neither party shall have the power to obligate or bind the other party except as expressly authorized in a written agreement signed by both parties.

22. Accessibility

Dewey's Pizza is committed to ensuring that our Website and Services are accessible to individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 and applicable provisions of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience any difficulty accessing our Website due to a disability or impairment, please contact us at [email protected] and we will make reasonable accommodations to assist you.

23. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or wish to exercise any rights described herein, please contact us using the information below:

We will make every effort to respond to your inquiry within five (5) business days. For urgent matters related to food safety or active orders, please contact us immediately via our primary contact channels above.