Terms of Service

Please read these Terms of Service carefully before using the website located at fresh-deweys.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

By accessing, browsing, or otherwise using the website fresh-deweys.click (the "Website"), or by placing an order for food products or services offered by Dewey's Pizza ("Company," "we," "us," or "our"), you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (the "Terms"), our Privacy Policy, and any other policies referenced herein, all of which are incorporated by reference.

If you do not agree to these Terms in their entirety, you must immediately discontinue your use of this Website and refrain from placing any orders or otherwise engaging with our services. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes.

These Terms constitute a legally binding agreement between you and Dewey's Pizza under the laws of the United States of America and applicable state law. You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into this agreement. If you are using this Website on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Services

Dewey's Pizza is a food service business specializing in the preparation, sale, and delivery of pizza and related food and beverage products. Through our Website at fresh-deweys.click, we offer the following services:

• Online Ordering: Customers may browse our menu and place orders for pickup or delivery through the Website.
• Menu Information: We provide detailed information about our food offerings, including ingredients, pricing, available customizations, and nutritional data where required by law.
• Promotions and Special Offers: From time to time, we may offer coupons, discounts, loyalty rewards, or other promotional deals exclusively through the Website.
• Customer Account Services: Registered users may create and manage a personal account to save order history, payment preferences, and delivery addresses.
• Customer Support: We provide customer support via email at [email protected] to assist with orders, complaints, refund requests, and general inquiries.

All services are subject to availability and may vary by location. We reserve the right to modify, suspend, or discontinue any service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Our food products are prepared in a commercial kitchen environment that may handle common allergens including but not limited to gluten, dairy, eggs, nuts, soy, and shellfish. It is your responsibility to inform us of any dietary restrictions or allergies prior to placing your order. Dewey's Pizza shall not be held liable for allergic reactions or dietary concerns that are not communicated at the time of ordering.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account, placing an order, or communicating with us.
• Maintain the security and confidentiality of your account credentials and notify us immediately of any unauthorized access or use of your account.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our Website and services.
• Use the Website only for lawful purposes and in a manner that does not infringe upon the rights of others.
• Be present at the designated delivery address at the agreed delivery time or make appropriate arrangements for receipt of your order.
• Pay all charges associated with your orders, including applicable taxes, delivery fees, and service charges.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website for any unlawful purpose or in violation of any federal, state, or local law or regulation, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and applicable consumer protection statutes.
• Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means.
• Transmit any viruses, malware, spyware, or other harmful or destructive code through the Website.
• Use any automated means, including robots, scrapers, or spiders, to access, monitor, or copy content from the Website without our prior written consent.
• Engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Website.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• Submit false, fraudulent, or misleading orders, reviews, or communications.
• Abuse our promotional offers, coupons, or loyalty programs, including creating multiple accounts to redeem offers intended for single use.
• Engage in any conduct that, in our sole discretion, exposes Dewey's Pizza, our affiliates, employees, or users to any liability or reputational harm.
• Post, transmit, or otherwise make available any content that is defamatory, obscene, offensive, or that infringes upon any third party's intellectual property or privacy rights.

We reserve the right to investigate suspected violations of these Terms and, at our sole discretion, to terminate your access to the Website, cancel pending orders, or take any other action we deem appropriate, including referral to law enforcement authorities.

4. Intellectual Property Rights

The Website and all of its content, including but not limited to text, graphics, logos, images, photographs, audio and video clips, digital downloads, data compilations, software, and the overall design and layout of the Website (collectively, "Content"), are the exclusive property of Dewey's Pizza or its content suppliers and are protected by applicable United States and international intellectual property laws, including copyright, trademark, and trade dress laws.

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

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website solely for personal, non-commercial purposes related to ordering food products from Dewey's Pizza. This license does not include the right to:

• Download or copy account information for the benefit of another merchant or service provider;
• Use data mining, robots, or similar data gathering and extraction tools;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website without our express written consent;
• Modify or create derivative works based upon the Website or its Content.

Any feedback, comments, suggestions, or other submissions you provide to us regarding the Website or our services may be used by us without restriction and without any obligation to compensate you. By submitting such material, you grant Dewey's Pizza a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such content in any medium.

5. Payment Terms

5.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, delivery fees, or other charges, which will be calculated and displayed during the checkout process. We reserve the right to correct pricing errors at any time, and in such cases, you will be notified before your order is processed.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated during the checkout process. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete. You authorize us to charge your selected payment method for all amounts due in connection with your order, including taxes and applicable fees.

5.3 Order Confirmation

An order confirmation sent to your email address constitutes acceptance of your order and forms a binding contract between you and Dewey's Pizza. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in product or pricing information, or suspected fraudulent activity. In the event we cancel an order after payment has been processed, we will issue a full refund using the original payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you wish to cancel an order, you must do so before preparation has commenced by contacting us immediately at [email protected]. Refunds for defective, incorrect, or unsatisfactory orders will be evaluated on a case-by-case basis. We are committed to customer satisfaction and will work with you to resolve any issues in accordance with applicable consumer protection laws.

5.5 Taxes

You are responsible for all applicable sales taxes, use taxes, and other governmental charges associated with your purchase. We will collect and remit applicable taxes as required by law.

6. Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES, CONTENT, AND PRODUCTS PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS.

We do not warrant that any food products will meet your specific dietary requirements or expectations. You assume the entire risk as to the quality and performance of the Website and all products and services obtained through it.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not fully apply to you. In such cases, any implied warranty is limited to the fullest extent permitted by applicable law.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES FEDERAL AND STATE LAW, DEWEY'S PIZZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL;
• COSTS OF SUBSTITUTE GOODS OR SERVICES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE WEBSITE OR OUR SERVICES;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED THROUGH THE WEBSITE BY ANY THIRD PARTY.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DEWEY'S PIZZA IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Certain state laws, including those of states that do not permit the limitation of liability for consequential or incidental damages, may not allow all of the above limitations to apply to you. In those states, our liability is limited to the greatest extent permitted by law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Dewey's Pizza, its parent company, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns from and against any 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 of Service;
• Your use or misuse of the Website or our services;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or rights of publicity;
• Any content or information you submit, post, or transmit through the Website;
• Your negligence or willful misconduct;
• Any dispute between you and any third party arising from your use of our services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our 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 or claim arising out of or related to them, their subject matter, or their 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 laws of the state in which Dewey's Pizza is registered and operates, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction.

These Terms are also subject to applicable federal laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and any other applicable federal consumer protection statutes. For customers located in California, applicable provisions of the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) may also apply with respect to data privacy matters as addressed in our Privacy Policy.

Subject to the dispute resolution provisions set forth below, any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal or state courts having jurisdiction over the location where Dewey's Pizza operates. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services informally. You must send a written notice of your dispute to Dewey's Pizza at [email protected] describing the nature of the dispute and the relief you are seeking. We will attempt to resolve the dispute within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within that timeframe, either party may proceed to formal dispute resolution as described below.

10.2 Binding Arbitration

Except as set forth in Section 10.4 below, you and Dewey's Pizza agree that any dispute, claim, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Website or our services shall be resolved by binding arbitration administered by a recognized arbitration body such as the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, rather than in court.

The arbitration will be conducted in the county or location where Dewey's Pizza is located, or via telephone or video conference at the arbitrator's discretion. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines that a party's claim or defense is frivolous, in which case the arbitrator may award attorneys' fees to the prevailing party.

10.3 Class Action Waiver

YOU AND DEWEY'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, COLLECTIVE, OR REPRESENTATIVE ACTION. Unless both you and Dewey's Pizza agree otherwise, 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 foregoing, either party may seek emergency equitable relief in a court of competent jurisdiction in order to maintain the status quo pending arbitration. Additionally, claims for injunctive relief related to the infringement of intellectual property rights may be brought in a court of competent jurisdiction without prior arbitration.

11. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use the Website or maintain an account with us. We reserve the right, in our sole discretion, to:

• Suspend or terminate your access to the Website and your account at any time, with or without cause and with or without notice;
• Refuse service to any person or entity for any reason at any time;
• Discontinue, modify, or restructure the Website or any of its features.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account will not relieve you of any obligation to pay outstanding charges or fulfill obligations incurred prior to termination.

Upon termination of your access for any reason, all licenses and rights granted to you under these Terms will immediately cease. The following provisions of these Terms shall survive termination: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

12. Changes to Terms

Dewey's Pizza reserves the right to modify these Terms of Service at any time and for any reason at our sole discretion. When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page;
• Post a prominent notice on the Website; and/or
• Send an email notification to registered users at the email address associated with their account.

It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued use of the Website or our services following the posting of revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must discontinue your use of the Website immediately.

No modification of these Terms by you shall be valid or binding unless made in writing and signed by an authorized representative of Dewey's Pizza.

13. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Dewey's Pizza. We have no control over and assume no responsibility for the content, privacy policies, practices, or terms of any third-party websites or services. We do not endorse or make any representations about third-party websites or services.

If you use any third-party payment processing service, delivery platform, or other service in connection with your order from Dewey's Pizza, your use of such third-party services is subject to the respective third party's terms of service and privacy policy. We encourage you to review such policies carefully before providing any personal or financial information to third-party services.

We shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or services. Any concerns regarding a third-party link or service should be directed to the applicable third party.

14. Privacy and Data Protection

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

We comply with applicable United States federal and state privacy laws, including, where applicable, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents. For further information about your rights and our data practices, please review our Privacy Policy available on the Website or contact us at [email protected].

15. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with any applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or, if modification is not possible, shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the remaining provisions of these Terms, which shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

The parties agree that any such invalid provision shall be replaced by a valid and enforceable provision that most closely reflects the intent and purpose of the original provision, and that the remaining provisions of these Terms shall be enforceable to the maximum extent permitted by applicable law.

16. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other policies expressly incorporated herein by reference, constitute the entire agreement between you and Dewey's Pizza with respect to the Website and our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

No waiver by Dewey's Pizza of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dewey's Pizza to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver is only effective if it is in writing signed by an authorized representative of Dewey's Pizza.

17. Force Majeure

Dewey's Pizza shall not be liable or responsible to you for any failure or delay in fulfilling or performing any obligation under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, epidemic or pandemic, labor disputes, power outages, supply chain disruptions, or failures of third-party systems or infrastructure.

18. Accessibility

Dewey's Pizza is committed to making our Website accessible to all users, including those with disabilities, in accordance with applicable laws including the Americans with Disabilities Act (ADA). If you experience difficulty accessing any portion of the Website or require an accommodation, please contact us at [email protected] and we will work to provide the information or assistance you need in an alternative format.

19. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, the Website, our products or services, or if you need to submit a formal notice in connection with a legal matter, please contact us using the following information:

We endeavor to respond to all inquiries within two (2) to five (5) business days. For urgent matters related to food safety or an active order, please use the email address above and mark your message as urgent in the subject line.