TERMS OF USE

Last Updated: April 19, 2017

These Terms of Use (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Services”) provided by MOD Super Fast Pizza, LLC or its affiliates or authorized operators (collectively, “MOD,” “our,” “us” or “we”). By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 17, do not access or use our Services.

We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or post the amended Terms to our Services and update the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

  1. Eligibility. You must be at least 13 years of age to access or use our Services. In addition, if you are between the ages of 13 and 18 (or between 13 and the age of legal majority under applicable law), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

  2. User Accounts and Account Security. You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. Without notice to you, MOD reserves the right to suspend or terminate your account if MOD determines in its sole discretion that you have violated these Terms, and MOD may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative.

  3. Electronic Communications. By creating a MOD account, you also consent to receive electronic communications from MOD (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

  4. Terms of Sale.

    1. Payment and Billing. By providing a credit card, you represent and warrant that you are authorized to use such credit card and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your MOD account, you can do so at any time by logging into your account.

    2. Pricing and Availability. All prices are shown in U.S. dollars and do not include applicable Taxes (as defined below) and other charges, unless we clearly state in writing that a price includes applicable Taxes. All products and services offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order and discontinue our Services without prior notice. We reserve the right to cancel an Order in our discretion in the event we are unable to fulfill an Order (for example, in the event of a power outage at a particular store location), in which event we will endeavor to notify you of the Order cancellation. Prices for products and services are subject to change at any time, but changes will not affect any Order you have already placed.

    3. Taxes. You are responsible for any sales, use, value-added or other governmental taxes, fees or duties (“Taxes”) due with respect to your purchase and use of goods or services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes to be collected at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged and collected may differ from the amount shown at checkout. You acknowledge that the amount billed may vary due to promotional offers or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

    4. Errors. We attempt to be as accurate as possible and to eliminate errors on our Services; however, we do not represent or warrant that the descriptions, pricing, or other information is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.

  5. Privacy. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

  6. User Content. Our Services may allow you and other users to create, post, submit, store and share content, including messages, text, photos, videos, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and MOD.

    You grant MOD and its affiliates and authorized operators a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you submit or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may become available to the public.

    You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above, including likeness rights for any third parties who appear in any photographic or video User Content. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

  7. Prohibited Conduct and Content. You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using our Services. You agree that you will abide by these Terms and will not:

    • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;

    • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Services;

    • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;

    • Develop any third-party applications that interact with the Services without our prior written consent;

    • Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of our Services’ web pages or functionality;

    • Bypass or ignore instructions contained in our robots.txt files, accessible at modpizza.com/robots.txt and order.modpizza.com/robots.txt, that control automated access to portions of our Services;

    • Use our Services in any manner that could create an impression of affiliation, sponsorship, or endorsement by MOD;

    • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms; or

    • Use or attempt to use another user’s account without authorization from that user and MOD.

    You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

    • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

    • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

    • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

    • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

    • Impersonates, or misrepresents your affiliation with, any person or entity;

    • Contains any unsolicited promotions, political campaigning, advertising or solicitations;

    • Contains any private or personal information of a third party without such third party’s consent;

    • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

    • Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose MOD or others to any harm or liability of any type.

  8. Limited License; Copyright and Trademark. Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “MOD Content”) are owned by or licensed to MOD and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, MOD and our licensors reserve all rights in and to our Services and the MOD Content.

    You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or MOD Content, except as expressly permitted by us; (b) copy, reproduce, distribute, publicly perform or publicly display MOD Content, except as expressly permitted by us or our licensors; (c) modify the MOD Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or MOD Content; (d) use any data mining, robots or similar data gathering or extraction methods; (e) use any meta tags or any other “hidden text” utilizing our name or the trademarks without our express prior written consent; and (f) use our Services or MOD Content other than for their intended purposes. Any use of our Services or MOD Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

  9. Hyperlinks. You may create a text hyperlink to our Services for noncommercial purposes, provided such link does not portray MOD or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time. You will not use the MOD logo or other proprietary graphic of MOD to link to our Services without the express written permission of MOD. Further, you will not use, frame or utilize framing techniques to enclose any MOD trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page on our Services without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of MOD or any third party.

    We may establish hyperlinks between our Services and one or more websites operated by third parties. MOD makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from our Services, or websites linking to our Services. Such sites are not under the control of MOD and MOD is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. MOD provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave our Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Services.

  10. Third-Party Content. MOD may provide third party content on our Services and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. MOD does not monitor or have any control over any Third-Party Content or third party Web sites. MOD does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. MOD does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.

  11. Feedback. Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about MOD or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of MOD. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  12. Copyright Complaints. We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify MOD’s Designated Agent as follows:

    Designated Agent: Legal Department
    Address: MOD Super Fast Pizza, LLC
    PO Box 6939
    Bellevue, WA 98008
    Telephone Number: 888-770-6637
    Fax Number: 425-945-8103
    E-Mail Address: legalsupport@modpizza.com


    Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to MOD for certain costs and damages.

  13. Indemnification. To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless MOD and our officers, directors, employees, agents, partners, affiliates, subsidiaries, and authorized operators (individually and collectively, the “MOD Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (e) your conduct in connection with our Services. You agree to promptly notify MOD Parties of any third-party Claims, cooperate with MOD Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the MOD Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and MOD or the other MOD Parties.

  14. Disclaimers. We do not control, endorse or take responsibility for any User Content or Third-Party Content available on or linked to by our Services.

    Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, MOD does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While MOD attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

  15. Limitation of Liability. MOD and the other MOD Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental or special damages or lost profits, even if MOD or the other MOD Parties have been advised of the possibility of such damages.

    The total liability of MOD and the other MOD Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services or $25.

    The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of MOD or the other MOD Parties or for any other matters in which liability cannot be excluded or limited under applicable law.

  16. Release. To the fullest extent permitted by applicable law, you release MOD and the other MOD Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

  17. Dispute Resolution; Binding Arbitration. Please read the following section carefully because it requires you to arbitrate certain disputes and claims with MOD and limits the manner in which you can seek relief from us.

    Except for small claims disputes in which you or MOD seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or MOD seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and MOD waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in King County, Washington, or by telephonic conference, in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

    You and MOD agree that any dispute arising out of or related to these Terms or our Services is personal to you and MOD and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

    You and MOD agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which are prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and MOD agree that for any arbitration you initiate, you will pay the filing fee and MOD will pay the remaining JAMS fees and costs. For any arbitration initiated by MOD, MOD will pay all JAMS fees and costs. You and MOD agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

    Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and MOD will not have the right to assert the claim.

    You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by providing written notice to:

    MOD Super Fast Pizza, LLC
    Attn: Legal Department
    PO Box 6939
    Bellevue, WA 98008

    In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18.

  18. Governing Law and Venue. These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Washington, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.

  19. Termination. We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

  20. Severability. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

  21. Survival. The following sections will survive the expiration or termination of these Terms and the termination of your MOD account: all defined terms and Sections 1-7, 8 (1st paragraph), 9 (2nd paragraph), 10-22.

  22. Miscellaneous. These Terms constitute the entire agreement between you and MOD relating to your access to and use of our Services. The failure of MOD to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

  23. Questions; California Civil Code Section 1789.3 Notice. If you have any questions about these Terms or our Services, please contact us at feedback@modpizza.com.

    Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.