Terms of Service

Please read these Terms of Service carefully before using the website cafe-pizzaluce.click or any services offered by Pizza Luce. By accessing or using our website, placing an order, or otherwise interacting with our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must discontinue use of our website and services immediately.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Pizza Luce ("Company," "we," "us," or "our"), governing your access to and use of the website located at cafe-pizzaluce.click (the "Site"), as well as all related services, content, features, and functionality offered through the Site or our physical establishment.

By visiting our Site, creating an account, placing an online order, subscribing to any promotional materials, or engaging in any transaction with us, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least eighteen (18) years of age, or if you are a minor, you have obtained the consent of a parent or legal guardian;
• You have the legal capacity to enter into a binding agreement under the laws of the United States and the state in which you reside;
• You will comply with all applicable local, state, and federal laws and regulations while using our services.

If you are using our services on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case, "you" and "your" shall refer to that entity.

2. Description of Services

Pizza Luce is a food service business operating in the United States, providing customers with a variety of food and beverage products, including but not limited to pizzas, appetizers, salads, sandwiches, desserts, and drinks. Our services include, but are not limited to:

• Online Ordering: Customers may place orders for pickup or delivery through our website at cafe-pizzaluce.click;
• Dine-In Services: Customers may visit our physical establishment to enjoy meals on-premises;
• Takeout and Pickup Services: Customers may place orders online or by phone for in-person pickup;
• Delivery Services: Subject to availability, delivery of food orders to addresses within our designated service area;
• Catering Services: Custom food preparation and delivery for events and gatherings, subject to separate arrangements;
• Promotional and Loyalty Programs: Any rewards, discount programs, or promotional offers made available by Pizza Luce;
• Informational Content: Menus, nutritional information, business information, news, and other content provided on the Site.

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

All food items are subject to availability. Menu items, pricing, and availability may vary by location and may change without prior notice. Images displayed on the Site are for illustrative purposes only and may not represent the exact appearance of the final product.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Site and services, you agree to:

• Provide accurate, current, and complete information when placing orders or creating accounts;
• Maintain the security and confidentiality of any account credentials;
• Promptly notify us of any unauthorized use of your account or any security breach;
• Use the Site and services only for lawful purposes;
• Comply with all applicable federal, state, and local laws and regulations;
• Ensure that delivery addresses provided are accurate and accessible;
• Be present or designate an authorized recipient at the delivery address at the time of delivery;
• Treat our employees, agents, and contractors with respect and courtesy at all times.

3.2 Prohibited Activities

You expressly agree that you will NOT:

• Use the Site for any unlawful purpose or in violation of any local, state, federal, or international laws;
• Engage in fraudulent activity, including but not limited to placing false orders, submitting fraudulent payment information, or filing false chargebacks;
• Harass, threaten, intimidate, or harm our employees, agents, delivery personnel, or other customers;
• Attempt to gain unauthorized access to any portion of the Site, our servers, or any systems or networks connected to the Site;
• Use any automated means, bots, scrapers, or similar tools to access or collect data from the Site without our express written permission;
• Transmit any viruses, malware, or other harmful code or programs;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Engage in any activity that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our services without express written permission from Pizza Luce;
• Post or transmit any content that is defamatory, obscene, offensive, threatening, or otherwise objectionable;
• Circumvent, disable, or interfere with security-related features of the Site;
• Use our Site or services to collect or store personal data about other users without their consent;
• Use the Site in any manner that violates these Terms.

Violation of any of the above prohibited activities may result in the immediate termination of your account and access to our services, and may expose you to civil or criminal liability under applicable law.

4. Intellectual Property Rights

All content, materials, and elements available on the Site, including but not limited to text, graphics, logos, images, photographs, icons, audio clips, video clips, data compilations, software, and the overall design, layout, and appearance of the Site (collectively, "Content"), are the exclusive property of Pizza Luce or its licensors and are protected by applicable United States and international intellectual property laws, including copyright, trademark, and trade dress laws.

The Pizza Luce name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pizza Luce or its affiliates or licensors. You may not use such marks without the prior written permission of Pizza Luce. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and its Content solely for your personal, non-commercial use in connection with our services. This license does not include the right to:

• Modify, copy, reproduce, republish, upload, post, transmit, or distribute any Content;
• Sell, resell, or otherwise commercially exploit any Content;
• Create derivative works based on any Content;
• Remove, alter, or obscure any proprietary notices, labels, or marks;
• Use any data mining, robots, scraping, or similar data gathering or extraction methods.

Any use of the Content beyond what is expressly authorized herein, without the prior written consent of Pizza Luce, is strictly prohibited and may violate copyright, trademark, and other applicable laws, resulting in civil or criminal penalties.

If you believe that any content on our Site infringes your intellectual property rights, please contact us immediately at [email protected] with a detailed description of the alleged infringement.

5. Payment Terms

5.1 Pricing and Fees

All prices for food items and services are listed in United States Dollars (USD) and are subject to change without notice. Prices displayed on the Site may differ from prices at our physical location. Applicable sales taxes, delivery fees, and service charges will be added to your order total at checkout and will be clearly displayed before you confirm your order.

5.2 Payment Methods

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

5.3 Order Confirmation

Your order is not confirmed until you receive a confirmation notification from us. We reserve the right to decline or cancel any order at our discretion, including in cases of suspected fraud, pricing errors, or unavailability of menu items. In such cases, you will be notified promptly and any charges will be refunded.

5.4 Refunds and Cancellations

Orders that have already been prepared or dispatched for delivery may not be eligible for cancellation or refund. If you receive an incorrect or defective order, please contact us within twenty-four (24) hours at [email protected] to report the issue. We will evaluate each situation on a case-by-case basis and may offer a replacement, credit, or refund at our sole discretion.

5.5 Chargebacks and Disputes

If you have a billing concern, we encourage you to contact us directly before initiating a chargeback with your financial institution. Fraudulent chargebacks may result in the suspension or permanent termination of your account and may be subject to collection efforts and legal action.

6. Delivery Terms

Delivery services are subject to availability within our designated delivery zones. Estimated delivery times are provided as approximations only and may be affected by weather, traffic, order volume, and other factors beyond our control. Pizza Luce does not guarantee delivery within any specific time frame.

Risk of loss and title to food items pass to you upon delivery or pickup. You assume all responsibility for ensuring that someone is available to receive the delivery at the specified address. Pizza Luce and its delivery partners shall not be liable for food quality degradation resulting from failed delivery attempts due to your unavailability.

7. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES PROVIDED BY PIZZA LUCE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

PIZZA LUCE 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 REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE SITE;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS FOR YOUR SPECIFIC DIETARY NEEDS OR HEALTH CONDITIONS.

Allergen Disclaimer: Our food products are prepared in a kitchen environment that may handle common allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, shellfish, and fish. While we take reasonable precautions, we cannot guarantee that any menu item is free from allergens. Customers with food allergies or dietary restrictions should contact us directly at [email protected] before placing an order and assume full responsibility for their dietary choices.

Third-Party Links Disclaimer: The Site may contain links to third-party websites or services. These links are provided for convenience only. Pizza Luce does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party sites you visit.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL PIZZA LUCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY OTHER MATTER RELATING TO THE SITE OR SERVICES;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PIZZA LUCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

IN ALL CASES, PIZZA LUCE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU PAID TO PIZZA LUCE IN THE THIRTY (30) DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Pizza Luce and you. The services would not be provided without such limitations.

9. Indemnification

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

• Your violation of these Terms of Service;
• Your use of the Site or services, including any content you submit, post, or transmit;
• Your violation of any rights of another party, including any third party;
• Your violation of any applicable local, state, national, or international law, regulation, or ordinance;
• Your negligence, misconduct, or willful wrongdoing;
• Any inaccurate or incomplete information you provided to us;
• Any claim that your content or conduct caused damage to a third party.

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

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Pizza Luce operates, without regard to its conflict of law principles.

These Terms are subject to applicable federal laws, including but not limited to:

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

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Pizza Luce informally to attempt to resolve any dispute. Please send a written description of your dispute to [email protected], and we will attempt to resolve the matter within thirty (30) days of receipt of your notice.

11.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration, rather than in court, except as provided below.

The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, and 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.

11.3 Class Action Waiver

YOU AND PIZZA LUCE 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 ACTION. Unless both you and Pizza Luce 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.

11.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute. Additionally, claims involving intellectual property rights, or claims that may be brought in small claims court, may be brought in the appropriate court without resort to arbitration.

11.5 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, YOU AND PIZZA LUCE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.

12. Term and Termination

12.1 Term

These Terms of Service are effective as of the date you first access or use our Site or services and shall remain in full force and effect until terminated in accordance with the provisions herein.

12.2 Termination by You

You may terminate your use of our services at any time by ceasing all use of the Site and, if applicable, by requesting deletion of your account by contacting us at [email protected].

12.3 Termination by Pizza Luce

Pizza Luce reserves the right, in its sole discretion and without notice or liability, to suspend or terminate your access to the Site and services, or any portion thereof, at any time and for any reason, including but not limited to:

• Violation of these Terms of Service;
• Fraudulent, abusive, or harmful behavior;
• Requests from law enforcement or other government agencies;
• Extended periods of inactivity;
• Discontinuation of the Site or services;
• Technical or security issues or problems.

12.4 Effect of Termination

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

13. Changes to These Terms

Pizza Luce reserves the right to modify, update, or replace these Terms of Service at any time and at our sole discretion. We will notify users of material changes by:

• Posting the revised Terms on the Site with an updated effective date;
• Sending an email notification to users with registered accounts (where applicable);
• Displaying a prominent notice on our Site's homepage.

The updated Terms will be effective immediately upon posting, unless otherwise stated. Your continued use of the Site or services following the posting of revised Terms constitutes your acceptance of the changes. It is your responsibility to review these Terms periodically for any updates.

If you do not agree to the revised Terms, you must discontinue your use of the Site and services. Pizza Luce encourages you to review these Terms whenever you visit the Site to stay informed of any updates.

14. Privacy Policy

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, store, and share information about you when you use our Site and services. By agreeing to these Terms, you also acknowledge and agree to our Privacy Policy. Please review our Privacy Policy carefully, as it contains important information about your rights and our obligations under applicable law, including the California Consumer Privacy Act (CCPA/CPRA) for California residents.

15. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it 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.

The parties agree that any such severed or modified provision shall be replaced by a valid provision that accomplishes, to the extent possible, the original business purpose of the invalid, illegal, or unenforceable provision. The remaining provisions of these Terms shall be construed in accordance with the original intent of the parties.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Pizza Luce on the Site, constitute the entire agreement between you and Pizza Luce concerning your use of the Site and services, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, between you and Pizza Luce with respect to such subject matter.

No failure or delay by Pizza Luce in exercising any right, power, or privilege under these Terms shall operate as a waiver of such right, power, or privilege, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege.

17. Force Majeure

Pizza Luce shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government restrictions, war, terrorism, civil unrest, fire, flood, labor disputes, supply chain disruptions, utility failures, or internet service disruptions.

In the event of a force majeure event, we will make commercially reasonable efforts to notify you and resume services as soon as reasonably practicable.

18. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Pizza Luce. Any attempted assignment without such consent shall be null and void. Pizza Luce may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, to any party at any time without notice, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

19. Electronic Communications

By using the Site or communicating with us via email, you agree to receive electronic communications from Pizza Luce. These communications may include notices about your account, orders, promotional materials, and other information relating to our services. 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.

You may opt out of receiving promotional emails by following the unsubscribe instructions included in any such email. Note that opting out of promotional emails will not prevent you from receiving transactional or service-related communications.

20. Accessibility

Pizza Luce is committed to making our Site accessible to all users. If you experience any difficulty accessing or using the Site due to a disability or accessibility need, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs in compliance with applicable accessibility standards and the Americans with Disabilities Act (ADA).

21. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to report a violation, please contact us using the following information:

These Terms of Service are intended to comply with applicable United States federal and state laws, including consumer protection regulations enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.), and applicable state laws. If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for more information regarding your state-specific rights.