Terms of Service

Please read these Terms of Service carefully before using the website located at deweyscafe.click (the "Website") or any services offered by Dewey's Pizza. By accessing or using our Website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately cease use of our Website and services.

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Dewey's Pizza ("Company," "we," "us," or "our"), governing your access to and use of the Website located at deweyscafe.click and all associated services, content, features, and functionality offered by Dewey's Pizza.

By accessing, browsing, or using the Website in any manner — including but not limited to placing an order, creating an account, subscribing to newsletters, participating in promotions, or simply viewing content — you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using our Website or services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you individually and that entity.

You must be at least eighteen (18) years of age to use this Website independently. Minors between the ages of thirteen (13) and seventeen (17) may use the Website only under the direct supervision of a parent or legal guardian who agrees to these Terms on their behalf. We do not knowingly collect personal information from children under the age of thirteen (13).

2. Description of Services

Dewey's Pizza is a food service establishment operating in the United States, providing customers with a wide variety of food and beverage offerings, including but not limited to:

• Freshly prepared pizzas, including specialty, build-your-own, and seasonal options
• Appetizers, salads, sandwiches, and side dishes
• Beverages, including soft drinks and other non-alcoholic options
• Online ordering and delivery services (where available)
• In-store dining and carry-out services
• Catering and group order services (subject to separate agreements)
• Loyalty programs, promotions, and special offers
• Customer account management and order history tracking

Our Website serves as a digital platform through which customers may browse our menu, place orders, manage accounts, learn about promotions, and contact us for support. The availability of specific services, menu items, delivery areas, and pricing may vary depending on your geographic location and other operational factors. We reserve the right to modify, suspend, or discontinue any service or menu item at any time without prior notice.

Dewey's Pizza does not guarantee that any particular menu item will be available at the time of your order. In the event an item is unavailable, we will make reasonable efforts to notify you and offer a suitable alternative or refund, at our discretion.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

By using our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or communicating with us
• Maintain the confidentiality and security of your account credentials and immediately notify us of any unauthorized use of your account
• Use the Website and services solely for lawful purposes and in accordance with these Terms
• Comply with all applicable local, state, and federal laws and regulations when using our Website or services
• Ensure that any payment information provided is accurate and that you are authorized to use the payment method submitted
• Promptly review order confirmations for accuracy and notify us immediately of any discrepancies

3.2 Prohibited Activities

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

• Fraudulent Activity: Submitting false, misleading, or fraudulent orders, payment information, or account details; using stolen credit cards or unauthorized payment methods; or attempting to obtain goods or services without valid payment.
• System Interference: Attempting to interfere with, disrupt, or disable the proper functioning of the Website, its servers, or networks; deploying viruses, malware, worms, Trojan horses, or other harmful code; or conducting denial-of-service attacks.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, other user accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means.
• Scraping and Data Mining: Using automated systems, bots, scrapers, or data mining tools to collect data, content, or information from the Website without our express written consent.
• Intellectual Property Infringement: Copying, reproducing, distributing, transmitting, publicly displaying, or creating derivative works from any content on the Website without prior written authorization from Dewey's Pizza.
• Harassment and Abuse: Harassing, threatening, intimidating, or abusing our employees, staff, delivery personnel, or other users through any communication channel associated with our services.
• False Reviews or Misrepresentation: Submitting false, misleading, or defamatory reviews, feedback, or complaints about Dewey's Pizza or its staff members.
• Impersonation: Impersonating any person or entity, including Dewey's Pizza representatives, employees, or other users.
• Resale Without Authorization: Purchasing food items or services through the Website for the purpose of unauthorized resale or commercial distribution.
• Violation of Laws: Using the Website or services in any manner that violates applicable federal, state, or local laws, regulations, or ordinances.

Violation of any of the above prohibitions may result in immediate suspension or termination of your account, refusal of service, and, where applicable, referral to law enforcement authorities. We reserve the right to pursue any and all legal remedies available to us under applicable law.

4. Intellectual Property Rights

All content available on or through the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, digital downloads, software, trademarks, trade dress, and the compilation and arrangement thereof (collectively, "Content"), is the exclusive property of Dewey's Pizza or its licensors and is protected under the intellectual property laws of the United States, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state laws.

The "Dewey's Pizza" name, logo, and all related marks, product names, trade names, and service names are trademarks or registered trademarks of Dewey's Pizza. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any trademarks belonging to Dewey's Pizza without prior written consent.

4.1 Limited License

Subject to your compliance with these Terms, Dewey's Pizza grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial purposes of browsing our menu, placing orders, and utilizing our customer services. This license does not include any right to:

• Resell or commercially exploit any content or services available through the Website
• Make derivative uses of the Website or its content
• Download or copy account information for the benefit of another merchant
• Use data mining, robots, or similar data gathering tools

4.2 User-Submitted Content

If you submit, post, or otherwise provide any reviews, feedback, photographs, comments, suggestions, or other content ("User Content") to us through the Website, social media, or any other platform, you grant Dewey's Pizza a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media for purposes related to our business. You represent and warrant that you own or have the right to grant the foregoing license and that your User Content does not infringe upon the rights of any third party.

5. Payment Terms

5.1 Pricing and Charges

All prices for menu items and services are displayed in United States Dollars (USD) and are subject to change without prior notice. Prices displayed at the time of order placement will apply to that specific transaction. Applicable sales taxes will be calculated and added to your order total based on your delivery or pickup location and the applicable tax laws of the relevant jurisdiction.

5.2 Accepted Payment Methods

We accept payment via major credit and debit cards (Visa, Mastercard, American Express, Discover), digital wallets where available, and such other payment methods as we may offer from time to time. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that all payment information provided is accurate and complete.

5.3 Order Confirmation and Authorization

Your order is not confirmed until you receive an order confirmation from us via email or through the Website. We reserve the right to decline or cancel any order for any reason, including but not limited to product unavailability, pricing errors, suspected fraud, or delivery area limitations. In the event we cancel a confirmed order, any charges made to your payment method will be fully refunded.

5.4 Refunds and Cancellations

Once an order has been submitted and accepted, cancellations may not be possible due to the perishable and time-sensitive nature of food preparation. If you believe your order was incorrect, unsatisfactory, or not delivered as described, please contact us immediately at [email protected]. Refunds or credits will be considered on a case-by-case basis, at our sole discretion, in accordance with applicable consumer protection regulations under the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and applicable state consumer protection laws.

5.5 Promotional Offers and Discounts

Promotional offers, discount codes, coupons, and special deals are subject to their own specific terms and conditions and may be modified, suspended, or terminated at any time. Promotions are generally non-transferable, may not be combined with other offers unless expressly stated, and have no cash value unless required by applicable law.

6. Disclaimers

6.1 "As-Is" Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND INFORMATION PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEWEY'S PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 Food and Allergen Disclaimer

Dewey's Pizza makes reasonable efforts to provide accurate information regarding ingredients and potential allergens in our menu items. However, we cannot guarantee that any food item is completely free of allergens due to shared preparation surfaces, equipment, and kitchen environments. Customers with known food allergies or dietary restrictions are strongly advised to notify our staff prior to ordering and to consult with medical professionals regarding their dietary needs. Dewey's Pizza assumes no liability for adverse reactions resulting from undisclosed allergies or dietary conditions.

6.3 Accuracy of Information

We make reasonable efforts to ensure that the information presented on the Website — including menu descriptions, pricing, nutritional information, and operating hours — is accurate and current. However, we do not warrant that all such information is free from errors or omissions. We reserve the right to correct any errors and to update information at any time without prior notice.

6.4 Third-Party Services

Our Website may contain links to third-party websites, delivery platforms, 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, or practices of any third-party websites. Your interactions with third-party services are governed by their respective terms and policies, and we encourage you to review those terms carefully before engaging with any third-party platform.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEWEY'S PIZZA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of (or inability to access or use) the Website or services
• Any conduct or content of any third party on the Website
• Any content obtained from the Website
• Unauthorized access, use, or alteration of your transmissions or content
• Any transaction entered into through the Website
• Food quality, taste, or preparation, beyond our direct operational control

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

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

8. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Dewey's Pizza and its respective officers, directors, employees, agents, licensors, suppliers, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service
• Your use or misuse of the Website or any services offered by Dewey's Pizza
• Your violation of any applicable law, regulation, or ordinance
• Your infringement or misappropriation of any intellectual property or other rights of any third party
• Any User Content you submit or transmit through the Website
• Any fraudulent, deceptive, or illegal activity conducted by you in connection with our Website or services
• Your negligent or wrongful actions or omissions in connection with these Terms

Dewey's Pizza reserves the right, at our expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which event you agree to cooperate fully with our defense of such claims. You agree not to settle any such claim without the prior written consent of Dewey's Pizza.

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 state laws of the state in which Dewey's Pizza's principal place of business is located, without regard to its conflict of law provisions. To the extent applicable, the parties also agree to comply with all applicable federal laws of the United States, including without limitation the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices in commerce.

Subject to the Dispute Resolution provisions set forth in Section 10 below, you agree to submit to the personal jurisdiction of the state and federal courts located within the applicable jurisdiction in the United States for resolution of any disputes not subject to arbitration. You hereby waive any objection to venue or jurisdiction in such courts.

If you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) (Cal. Civ. Code § 1798.100 et seq.), the California Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), and other applicable California consumer protection statutes.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Dewey's Pizza at [email protected] to attempt to resolve any dispute informally. We will use reasonable efforts to resolve your concern within thirty (30) days of receiving your written complaint. If a satisfactory resolution is not reached within that period, either party may proceed to formal dispute resolution as provided below.

10.2 Binding Arbitration

EXCEPT AS SET FORTH IN SECTION 10.4, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE SERVICES, INCLUDING ANY QUESTION REGARDING THE EXISTENCE, VALIDITY, OR TERMINATION OF THESE TERMS, SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE AT WWW.ADR.ORG.

The arbitration shall be conducted in the English language and shall take place in the state where Dewey's Pizza maintains its principal place of business, or via telephone or video conference at the mutual agreement of the parties. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND DEWEY'S PIZZA AGREE THAT ANY ARBITRATION OR OTHER LEGAL PROCEEDING SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF THIS WAIVER IS FOUND TO BE UNENFORCEABLE, THE ENTIRETY OF THE ARBITRATION PROVISION IN SECTION 10.2 SHALL BE NULL AND VOID.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or to prevent imminent harm that cannot be adequately remedied by monetary damages. Claims within the jurisdictional limit of small claims courts may also be brought in small claims court.

11. Term and Termination

11.1 Term

These Terms of Service are effective as of the date you first access the Website or use any of our services and shall remain in full force and effect unless and until terminated in accordance with this Section.

11.2 Termination by You

You may terminate your account and your use of our services at any time by discontinuing use of the Website and, where applicable, by submitting an account deletion request to [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment for completed orders.

11.3 Termination by Dewey's Pizza

Dewey's Pizza reserves the right to suspend or terminate your access to the Website and services, with or without notice, for any of the following reasons:

• Violation of any provision of these Terms
• Fraudulent, abusive, or unlawful conduct
• Conduct that poses a risk or harm to Dewey's Pizza, its employees, customers, or third parties
• Failure to pay for orders or chargebacks made in bad faith
• At our sole discretion, for any business reason

11.4 Effect of Termination

Upon termination, all rights and licenses granted to you under these Terms shall immediately cease. Provisions of these Terms that by their nature should survive termination — including intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law — shall survive indefinitely.

12. Changes to Terms

Dewey's Pizza reserves the right, at our sole discretion, to modify, amend, update, or replace any portion of these Terms of Service at any time. Any changes will be effective immediately upon posting the revised Terms on the Website, along with an updated "Last Updated" date. In the case of material changes, we may provide additional notice, such as by sending an email to the address associated with your account or by displaying a prominent notice on the Website.

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

We encourage you to review these Terms at deweyscafe.click each time you use our services to ensure you are informed of any updates or modifications.

13. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, unlawful, void, or unenforceable for any reason, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. The invalid, unlawful, or unenforceable provision shall be replaced by a valid provision that most closely approximates the intent and economic effect of the original provision to the fullest extent permitted by applicable law.

No waiver by Dewey's Pizza of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or any other term, and any failure by Dewey's Pizza to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14. Additional Legal Provisions

14.1 Entire Agreement

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

14.2 No Agency

Nothing in these Terms shall be construed to create any partnership, joint venture, employment, franchise, or agency relationship between you and Dewey's Pizza. You do not have authority to make any representations or commitments on behalf of Dewey's Pizza, and you agree not to attempt to do so.

14.3 Assignment

You may not assign, transfer, or sublicense your rights or obligations under these Terms without the prior written consent of Dewey's Pizza. Dewey's Pizza may freely assign, transfer, or delegate its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets, or by operation of law, without restriction or notice to you.

14.4 Force Majeure

Dewey's Pizza shall not be liable for any delay or failure to perform resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions, war, terrorism, labor disputes, supply chain disruptions, power outages, or internet service interruptions. In such events, our obligations under these Terms shall be suspended for the duration of the force majeure event.

14.5 Electronic Communications

By using our Website or services, you consent to receiving communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide electronically — via email or posted to the Website — satisfy any legal requirement that such communications be in writing.

15. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, our services, or any matter related to Dewey's Pizza, please do not hesitate to contact us using the information below:

We aim to respond to all written inquiries within five (5) business days. For urgent matters, particularly those involving food safety or order errors, please contact us immediately via email so that we may address your concern promptly.