Terms of Service

Please read these Terms of Service carefully before using the website located at giordanospizza.digital (the "Site") or any services offered by Giordano's ("Company," "we," "us," or "our"). By accessing or using our Site, 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 with any part of these Terms, you must discontinue use of the Site immediately.

1. Acceptance of Terms

By accessing, browsing, or using the Site in any manner, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Giordano's.

If you are accessing the Site 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" throughout these Terms shall refer to both you individually and such entity.

You must be at least eighteen (18) years of age to use this Site and to place orders through any associated online ordering system. By using the Site, you represent and warrant that you meet this minimum age requirement. We reserve the right to request proof of age at any time and to refuse service to anyone who does not meet this requirement.

Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically to stay informed of any updates.

2. Description of Services

Giordano's operates as a food service business, providing customers with the ability to:

• Browse our menu offerings, including pizzas, appetizers, salads, pasta, desserts, and beverages;
• Place online orders for delivery, carryout, or dine-in reservations where applicable;
• Access promotional offers, loyalty programs, and special deals;
• Contact our customer service team via phone, email, or online form;
• Create and manage user accounts to store preferences and order history;
• Receive marketing communications, subject to your preferences and applicable opt-in requirements;
• Access nutritional information, allergen disclosures, and other food-related informational content.

Our services are provided exclusively within the United States of America. We make no representation that the Site or any of our services are appropriate or available for use outside of the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your local jurisdiction.

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

Menu items, pricing, availability, and participating locations are subject to change without notice. Not all menu items may be available at all locations or through all ordering channels. Certain items may be limited-time offerings and may be discontinued at our sole discretion.

3. User Accounts and Registration

Certain features of the Site may require you to create a user account. When registering for an account, you agree to provide accurate, current, and complete information and to maintain and promptly update such information as necessary. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

You agree to:

• Create only one personal account and not to create accounts using false identities or information;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security;
• Not share your login credentials with any third party;
• Accept responsibility for all activities conducted through your account, whether or not authorized by you.

We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or engaged in fraudulent, abusive, or otherwise unlawful activity.

4. User Obligations and Prohibited Activities

By using the Site, you agree to use it only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations. Without limiting the foregoing, you agree not to:

4.1 General Prohibitions

• Use the Site in any way that violates any applicable federal, state, or local law or regulation, including but not limited to the Federal Trade Commission Act (FTC Act), the Computer Fraud and Abuse Act (CFAA), and the CAN-SPAM Act;
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site;
• Impersonate any person or entity, including any employee or representative of Giordano's;
• Collect or harvest any personally identifiable information from the Site without authorization;
• Use the Site for any commercial solicitation purposes without our prior written consent;
• Transmit any unsolicited or unauthorized advertising or promotional materials;
• Submit false, misleading, or inaccurate information through any forms or ordering systems on the Site.

4.2 Technical Prohibitions

• Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site;
• Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other technologically harmful material;
• Attempt to probe, scan, or test the vulnerability of the Site or any network connected to the Site;
• Engage in any denial-of-service attack or distributed denial-of-service attack;
• Circumvent, disable, or otherwise interfere with security-related features of the Site;
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of any software used in connection with the Site.

4.3 Content Prohibitions

• Post, upload, or transmit any content that is defamatory, obscene, abusive, threatening, harassing, hateful, or otherwise objectionable;
• Post content that infringes upon the intellectual property rights of any third party;
• Submit fraudulent orders, reviews, or other communications;
• Engage in any activity that could damage, disable, or impair the proper functioning of the Site.

We reserve the right, at our sole discretion, to remove any content that violates these Terms or that we otherwise find objectionable, and to suspend or terminate your access to the Site without prior notice.

5. Ordering, Payment Terms, and Pricing

5.1 Order Placement

When you place an order through the Site, you are making an offer to purchase the selected items at the listed prices. All orders are subject to acceptance by Giordano's. We reserve the right to refuse or cancel any order for any reason, including but not limited to unavailability of items, inaccuracies in pricing or product descriptions, or suspected fraudulent activity.

You will receive an order confirmation via email upon successful placement of your order. This confirmation does not constitute acceptance of your order; acceptance occurs when we begin processing your order for preparation.

5.2 Pricing and Fees

All prices displayed on the Site are in U.S. dollars and are subject to change without notice. Prices do not include applicable taxes, delivery fees, service charges, or gratuity unless expressly stated. You are responsible for all taxes associated with your purchase as required by applicable federal, state, and local law.

Delivery fees, minimum order requirements, and service areas vary by location and are subject to change. Additional charges may apply for special requests, modifications, or add-ons to menu items.

5.3 Payment Methods

We accept major credit cards, 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 the information you provide is accurate and complete.

All payment transactions are processed through secure third-party payment processors. We do not store complete credit card numbers on our servers. By using our online ordering system, you agree to the terms and conditions of our payment processor(s).

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been accepted and preparation has begun. If you experience a problem with your order, please contact us immediately at [email protected]. Refunds, credits, or replacements will be handled on a case-by-case basis at our sole discretion, in compliance with applicable consumer protection laws.

Promotional offers, coupons, and discounts are subject to their own specific terms and conditions and may not be combined unless expressly stated. We reserve the right to withdraw any promotional offer at any time without notice.

6. Intellectual Property Rights

The Site and all of its contents, features, and functionality — including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, and software — are the exclusive property of Giordano's or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

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

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

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

Any unauthorized use of the materials on the Site may violate copyright, trademark, and other laws and is strictly prohibited. If you believe that content on the Site infringes your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement.

6.1 User-Submitted Content

If you submit any content to the Site, including reviews, photos, feedback, or other materials ("User Content"), you grant Giordano's a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media format. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe upon the rights of any third party.

7. Disclaimers and "As-Is" Basis

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIORDANO'S EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, 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, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED;
• WARRANTIES THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Nutritional information, allergen data, calorie counts, and ingredient lists provided on the Site are estimates and may vary based on preparation methods, ingredient substitutions, and other factors. This information is provided for general informational purposes only and does not constitute medical or dietary advice. If you have specific dietary restrictions, allergies, or health concerns, please contact the specific restaurant location directly before placing your order.

We do not warrant or make any representations regarding the use, or the results of the use, of any materials on the Site in terms of their correctness, accuracy, reliability, or otherwise.

8. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL GIORDANO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THESE TERMS EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO GIORDANO'S IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such states, our liability shall be limited to the maximum extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Giordano's and its respective officers, directors, employees, contractors, agents, licensors, suppliers, 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 of the Site or any services offered thereon;
• Your User Content or any content you submit, post, or transmit through the Site;
• Your violation of any third-party rights, including without limitation any intellectual property rights or privacy rights;
• Your violation of any applicable federal, state, or local law or regulation;
• Any misrepresentation made by you;
• Any dispute between you and any other user of the Site or any third party.

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 these 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.

10. 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 the relevant Giordano's location operates, without regard to any choice of law or conflict of law provisions.

These Terms are subject to applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce. To the extent that California residents use our Site, additional rights may be available under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), codified at California Civil Code § 1798.100 et seq.

Subject to the dispute resolution provisions set forth below, you agree that any legal action or proceeding arising out of or related to these Terms or your use of the Site shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States, and you hereby irrevocably consent to the personal jurisdiction of such courts.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Site informally by contacting us at [email protected]. We will attempt to resolve the dispute informally by contacting you via the email address associated with your account. If the dispute is not resolved within thirty (30) calendar days of our receipt of your informal dispute notice, either party may pursue formal dispute resolution as set forth below.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or your use of the Site that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding.

The arbitration shall take place in the county in which the applicable Giordano's location is situated, or at another mutually agreed location. The arbitrator shall have authority to award any remedy that would be available in a court of competent jurisdiction, but may not award relief in excess of what is provided in these Terms.

11.3 Class Action Waiver

YOU AND GIORDANO'S AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and Giordano's agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Either party may also bring a claim in small claims court if the claim qualifies for such forum.

12. Term and Termination

These Terms of Service are effective as of the date you first access or use the Site and shall remain in full force and effect for as long as you continue to access or use the Site, unless terminated earlier in accordance with these Terms.

We may, at our sole discretion, terminate or suspend your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. Grounds for termination include, but are not limited to:

• Breach of any provision of these Terms;
• Fraudulent, illegal, or abusive conduct;
• Non-payment of any amounts owed to us;
• Requests by law enforcement or other government agencies;
• Unexpected technical or security issues;
• Extended periods of inactivity on your account;
• Our decision to discontinue or substantially modify the Site or any service.

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 obligations incurred prior to the termination date, including payment obligations for orders already placed.

Upon termination of these Terms for any reason, the following provisions shall survive: Sections 6 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 10 (Governing Law), 11 (Dispute Resolution), and any other provisions that by their nature should survive termination.

13. Changes to Terms of Service

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make changes, we will post the updated Terms on this page with a new "Last Updated" date at the top. For material changes, we may also notify you by sending an email to the address associated with your account or by posting a prominent notice on the Site.

Your continued access to or use of the Site after the effective date of any revised Terms constitutes your acceptance of and agreement to be bound by those revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the Site immediately and, if applicable, close your account.

It is your responsibility to review these Terms periodically for any changes. We recommend that you check this page regularly to ensure you are aware of the most current version of our Terms of Service.

14. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Giordano's. These links are provided for your convenience only. We have no control over the content, privacy policies, or practices of any third-party websites or services and assume no responsibility for them. We encourage you to review the terms and privacy policies of any third-party websites or services that you visit.

The inclusion of any link on the Site does not imply our endorsement of the linked site or any association with its operators. If you decide to access any third-party websites linked from the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. Privacy Policy

Your privacy is important to us. Our Privacy Policy, available on the Site, describes how we collect, use, and share information about you when you use our Site and services. By using the Site, you agree to the collection and use of your information as described in our Privacy Policy. Our Privacy Policy is incorporated into these Terms by reference and forms part of this agreement.

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), as described in our Privacy Policy.

16. Allergen and Food Safety Notice

Our food is prepared in facilities that handle common allergens, including but not limited to wheat, gluten, dairy, eggs, soy, tree nuts, peanuts, fish, and shellfish. Cross-contamination may occur. We cannot guarantee that any menu item is entirely free from allergens. If you or any member of your party has a food allergy or dietary restriction, please contact your local Giordano's location directly before placing an order. We are not responsible for any adverse reactions resulting from consumption of our products by individuals with food allergies or dietary restrictions who have not informed us of such conditions prior to ordering.

17. Force Majeure

Giordano's shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders or restrictions, labor disputes, supply chain disruptions, power outages, telecommunications failures, cyberattacks, or other events of force majeure. In such circumstances, our obligations shall be suspended for the duration of the force majeure event, and we shall use commercially reasonable efforts to resume performance as soon as practicable.

18. Waiver

No failure or delay by Giordano's in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.

19. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, such provision shall be deemed deleted. The invalidity, illegality, or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.

In the event that any provision of the class action waiver in Section 11.3 is found unenforceable, then the entirety of the arbitration agreement in Section 11.2 shall be null and void, and any disputes shall be resolved in a court of competent jurisdiction as described in Section 10.

20. Entire Agreement

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

No oral or written representation, guarantee, warranty, or other statement not expressly contained in these Terms shall be binding on Giordano's.

21. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service or our services, please do not hesitate to contact us using the following information:

We strive to respond to all inquiries within three (3) to five (5) business days. For urgent matters related to food safety, health concerns, or order emergencies, please contact your nearest Giordano's location directly.

If you wish to submit a formal legal notice, including any DMCA takedown notices, please send written correspondence to the email address listed above, clearly marked as a "Legal Notice."