Terms of Service

1. INTRODUCTION AND ACCEPTANCE

Welcome to Lou Malnati's ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website located at lou-malnatis.top (the "Website") and all related services provided by Lou Malnati's.

By accessing or using our Website, mobile application, or any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Lou Malnati's.

Eligibility Requirements:

• You must be at least 18 years of age or the age of majority in your jurisdiction
• You must have the legal capacity to enter into binding contracts
• If you are using our services on behalf of an organization, you must have the authority to bind that organization to these Terms
• You must not be prohibited from using our services under applicable law

Account Responsibility: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Updates to Terms: We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Effective Date" at the top of these Terms and by posting the updated Terms on our Website. Your continued use of our services after such changes constitutes your acceptance of the modified Terms.

2. DEFINITIONS

For the purposes of these Terms, the following definitions apply:

• "We," "Us," "Our," or "Company" refers to Lou Malnati's, our affiliates, and authorized representatives
• "You," "Your," or "User" refers to the individual or entity accessing or using our services
• "Services" includes our website, mobile applications, food preparation and delivery, catering services, and all related offerings
• "Content" includes all text, images, videos, audio, graphics, logos, software, and other materials available through our services
• "Website" refers to lou-malnatis.top and all associated domains and subdomains
• "Order" refers to any request for food products or services placed through our platform
• "Food Products" includes all pizzas, appetizers, beverages, and other menu items offered by Lou Malnati's

3. USE OF SERVICES

3.1 Permitted Use

You may use our services for the following purposes:

• Personal, non-commercial use in accordance with these Terms
• Browsing our menu and restaurant information
• Placing orders for food products and services
• Accessing your account and order history
• Communicating with our customer service team
• Participating in promotions and loyalty programs

All use must comply with applicable federal, state, and local laws and regulations. You agree to provide accurate, current, and complete information when using our services.

3.2 Prohibited Use

You are strictly prohibited from:

• Using our services for any illegal, fraudulent, or unauthorized purpose
• Engaging in harmful, threatening, abusive, or harassing behavior toward other users or our staff
• Attempting to gain unauthorized access to our systems, networks, or user accounts
• Violating or infringing upon our intellectual property rights or those of third parties
• Sending spam, unsolicited communications, or promotional materials
• Providing false, misleading, or deceptive information
• Interfering with or disrupting our services, servers, or networks
• Using automated systems, bots, or scripts to access our services
• Reverse engineering, decompiling, or attempting to extract source code
• Reselling or redistributing our services without authorization
• Collecting or harvesting user information without consent
• Violating any applicable laws or regulations

4. USER ACCOUNTS

Registration Requirements: To access certain features of our services, you may need to create an account. During registration, you must provide accurate, complete, and current information. You are responsible for keeping your account information up to date.

Account Security: You are solely responsible for maintaining the security and confidentiality of your account credentials. You must:

• Choose a strong, unique password
• Keep your login information confidential
• Notify us immediately if you suspect unauthorized access
• Log out of your account when using shared devices
• Accept responsibility for all activities under your account

Account Limitations: Each person may maintain only one active account. Duplicate accounts may be terminated without notice.

Account Termination: We reserve the right to suspend or terminate your account at our discretion, including for violations of these Terms, suspicious activity, or extended periods of inactivity.

5. PRODUCTS AND SERVICES

Product Descriptions: We strive to provide accurate descriptions, images, and pricing for all menu items. However, we reserve the right to correct errors, modify descriptions, or update pricing without prior notice.

Availability: Menu items and services are subject to availability. We reserve the right to discontinue items, modify recipes, or substitute ingredients based on availability and seasonal considerations.

Order Acceptance: All orders are subject to acceptance by Lou Malnati's. We reserve the right to refuse or cancel orders for any reason, including but not limited to:

• Product unavailability
• Pricing errors
• Delivery location restrictions
• Suspected fraudulent activity
• Failure to meet minimum order requirements

Order Modification and Cancellation:

• Orders may be modified or cancelled within 5 minutes of placement
• Once food preparation begins, modifications may not be possible
• Cancellations after preparation has started may incur charges
• We will attempt to accommodate special requests but cannot guarantee fulfillment

Minimum Order Requirements: Delivery orders may be subject to minimum order amounts, which vary by location and may change based on distance, time, and demand.

Delivery Terms:

• Delivery times are estimates and may vary based on weather, traffic, and order volume
• Delivery is available within designated service areas only
• Delivery fees may apply and will be clearly displayed before order confirmation
• You must be available to receive your order at the specified delivery address
• If delivery cannot be completed, additional fees may apply for redelivery attempts

Payment Terms: Payment is due at the time of order placement. We accept various payment methods as displayed on our Website. You authorize us to charge your selected payment method for all applicable fees.

Food Quality Guarantee: We are committed to providing high-quality food products. If you are not satisfied with your order, please contact us within 24 hours for resolution. Our refund and return policies are detailed in our separate Refund Policy document.

6. INTELLECTUAL PROPERTY

Our Ownership: Lou Malnati's owns all rights, title, and interest in our Website, services, content, trademarks, logos, recipes, proprietary information, and related intellectual property. This includes but is not limited to:

• The Lou Malnati's name, logo, and branding
• Website design, layout, and functionality
• Menu descriptions, images, and recipes
• Software, applications, and technology
• Marketing materials and promotional content
• Proprietary business processes and methodologies

Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our services for personal, non-commercial purposes in accordance with these Terms. This license does not permit you to:

• Reproduce, distribute, or display our content
• Create derivative works based on our intellectual property
• Use our trademarks, logos, or branding
• Commercial exploitation of our services or content

User Content License: By submitting content to our services (such as reviews, comments, or feedback), you grant us a worldwide, royalty-free, perpetual license to use, modify, reproduce, and display such content for business purposes.

Copyright Infringement: We respect intellectual property rights. If you believe that content on our Website infringes your copyright, please contact us with detailed information so we can investigate and take appropriate action.

7. USER CONTENT

Your Responsibility: You are solely responsible for any content you submit, post, or transmit through our services. This includes reviews, comments, images, and any other materials you provide.

License Grant: By submitting content, you grant Lou Malnati's a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display your content in connection with our services and marketing efforts.

Prohibited Content: You may not submit content that is:

• Illegal, harmful, threatening, or abusive
• Defamatory, libelous, or invasive of privacy
• Obscene, pornographic, or sexually explicit
• Discriminatory based on race, gender, religion, or other protected characteristics
• Infringing on intellectual property rights
• Spam, promotional, or commercial in nature (unless authorized)
• Contains viruses, malware, or harmful code
• False, misleading, or deceptive

Content Removal: We reserve the right to remove, edit, or refuse to publish any user content at our sole discretion without notice. We are not obligated to monitor user content but may do so.

No Endorsement: The display of user content does not constitute endorsement by Lou Malnati's. We do not verify the accuracy or reliability of user-submitted content.

8. DISCLAIMERS

"As Is" Service: Our services are provided on an "as is" and "as available" basis. We make no warranties or representations regarding the reliability, availability, or performance of our services.

No Warranty of Uninterrupted Service: We do not warrant that our services will be uninterrupted, error-free, or completely secure. Service interruptions may occur due to maintenance, technical issues, or circumstances beyond our control.

Third-Party Content: We are not responsible for the accuracy, completeness, or reliability of third-party content, links, or services that may be accessible through our Website.

Professional Advice: Information provided through our services is for general purposes only and should not be construed as professional dietary, medical, or nutritional advice. Consult with qualified professionals for specific guidance.

Food Allergies and Dietary Restrictions: While we provide allergen information and accommodate special dietary requests when possible, we cannot guarantee that our food preparation environment is completely free from cross-contamination.

9. LIMITATION OF LIABILITY

Maximum Liability: To the fullest extent permitted by law, Lou Malnati's total liability for any claims arising from or related to these Terms or our services shall not exceed the amount you paid for the specific service or product that gave rise to the claim.

Excluded Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Personal injury (except as required by law)
• Property damage (except as caused by our gross negligence)
• Emotional distress or mental anguish
• Lost savings or opportunity costs

Essential Purpose: If any remedy provided in these Terms fails of its essential purpose, our liability shall be limited to the replacement of the defective product or service or refund of the purchase price.

Jurisdictional Variations: Some jurisdictions do not allow the limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

10. INDEMNIFICATION

Your Indemnification Obligation: You agree to indemnify, defend, and hold harmless Lou Malnati's, our affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of our services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your infringement of intellectual property rights
• Content you submit or transmit through our services
• Your negligent or intentional acts or omissions

Defense and Settlement: We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense. You may not settle any claim without our prior written consent.

Survival: Your indemnification obligations shall survive the termination of these Terms and your use of our services.

11. THIRD-PARTY LINKS AND SERVICES

Third-Party Services: Our Website may contain links to third-party websites, services, or applications. We provide these links for your convenience but do not endorse or assume responsibility for third-party content, products, or services.

No Liability: We are not liable for any damages or losses arising from your use of third-party services. Your interactions with third parties are solely between you and the third party.

Third-Party Terms: Your use of third-party services is subject to their respective terms of service and privacy policies. We encourage you to review these documents before using third-party services.

12. TERMINATION

Termination by Company: We may terminate or suspend your access to our services immediately, without prior notice, for any reason, including:

• Violation of these Terms
• Fraudulent or suspicious activity
• Extended periods of account inactivity
• Legal requirements or court orders
• Discontinuation of services

Termination by User: You may terminate your account at any time by contacting our customer service team or following the account closure process on our Website.

Effect of Termination: Upon termination:

• Your right to access and use our services will cease immediately
• We may delete your account and associated data
• Outstanding orders and obligations will remain in effect
• Refunds, if any, will be processed according to our refund policy

Survival of Provisions: The following sections shall survive termination: Intellectual Property, User Content, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

13. GOVERNING LAW AND DISPUTES

Applicable Law: These Terms shall be governed by and construed in accordance with the laws of the United States and the State of [State], without regard to conflict of law principles.

Dispute Resolution: We encourage you to contact us directly to resolve any disputes. Many concerns can be resolved quickly and amicably through direct communication with our customer service team.

Informal Resolution: Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiations for a period of at least 30 days.

Binding Arbitration: Any disputes that cannot be resolved through informal negotiations shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

Class Action Waiver: You agree to resolve disputes with us only on an individual basis and not as part of a class, collective, or representative action.

Jurisdiction and Venue: For matters not subject to arbitration, you agree that exclusive jurisdiction and venue shall be in the state and federal courts located in [County], [State].

14. CHANGES TO TERMS

Right to Modify: We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. Changes may be necessary due to legal requirements, operational changes, or service improvements.

Notification of Changes: We will provide notice of material changes by:

• Updating the "Effective Date" at the top of these Terms
• Posting the updated Terms on our Website
• Sending email notifications for significant changes (if you have provided an email address)
• Displaying prominent notices on our Website or services

Acceptance of Changes: Your continued use of our services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using our services.

Review Responsibility: It is your responsibility to review these Terms periodically for updates. We recommend checking for changes each time you use our services.

15. GENERAL PROVISIONS

Entire Agreement: These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Lou Malnati's regarding the use of our services.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Invalid provisions shall be modified to the minimum extent necessary to make them enforceable.

Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.

Assignment: You may not assign or transfer your rights and obligations under these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure: We shall not be liable for any delay or failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, labor disputes, or technical failures.

Headings: Section headings in these Terms are for convenience only and shall not affect the interpretation or construction of any provision.

Language: These Terms are written in English. Any translations provided are for convenience only, and the English version shall control in case of conflict.

Electronic Communications: You consent to receive communications from us electronically, including via email or postings on our Website. You agree that electronic communications satisfy any legal requirement for written communications.

16. CONTACT INFORMATION

Thank you for choosing Lou Malnati's. We appreciate your business and look forward to serving you.