Terms of Service

1. Introduction and Acceptance

Welcome to toppers pizza ("we," "us," "our," or "Company"). These Terms of Service ("Terms") govern your use of our website located at topperspizz.digital, our mobile applications, and all related services, features, and content (collectively, the "Services").

By accessing or using our Services, creating an account, placing an order, or otherwise engaging with our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

1.1 Eligibility Requirements

• You must be at least 18 years of age to use our Services
• You must have the legal capacity to enter into binding contracts
• You must not be prohibited from using our Services under applicable law
• If you are under 18, you may only use our Services with parental consent and supervision

1.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any security breaches.

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

2. Definitions

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

• "Company," "We," "Us," or "Our" refers to toppers pizza, a food service business operating in Denver, Colorado, United States
• "You," "Your," or "User" refers to the individual or entity accessing or using our Services
• "Services" includes our website, mobile applications, food ordering platform, delivery services, and all related features and content
• "Content" means all text, graphics, images, music, software, audio, video, works of authorship, and other materials
• "Website" refers to topperspizz.digital and all associated domains and subdomains
• "Order" means a request to purchase food products or services through our platform
• "Delivery Zone" refers to the geographical areas where we provide delivery services

3. Use of Services

3.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for the following purposes:

• Personal, non-commercial use in accordance with these Terms
• Ordering food products and services for personal consumption
• Accessing account information and order history
• Communicating with our customer service team
• Providing feedback and reviews about our products and services

3.2 Prohibited Use

You agree not to use our Services for any of the following prohibited activities:

• Violating any applicable local, state, national, or international laws or regulations
• Transmitting or storing harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material
• Attempting to gain unauthorized access to our systems, accounts, or networks
• Infringing upon our intellectual property rights or those of third parties
• Sending spam, unsolicited communications, or promotional materials
• Providing false, inaccurate, or misleading information
• Interfering with or disrupting our Services or servers
• Using automated tools, bots, or scripts to access our Services
• Attempting to reverse engineer, decompile, or disassemble our software
• Reselling or redistributing our Services without authorization

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, you must create an account by providing accurate, current, and complete information. You agree to update your information as necessary to keep it accurate and current.

4.2 Account Security

You are responsible for maintaining the security of your account credentials, including your password. You must:

• Choose a strong, unique password
• Keep your login information confidential
• Notify us immediately of any suspected unauthorized use
• Use your account solely for your own purposes

4.3 One Account Per Person

Each person may maintain only one active account. Creating multiple accounts to circumvent restrictions or take advantage of promotions is prohibited and may result in account termination.

4.4 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, suspicious activity, or for any other reason at our sole discretion.

5. Products and Services

5.2 Product Descriptions and Availability

We strive to provide accurate descriptions of our food products, including ingredients, nutritional information, and pricing. However:

• Product availability may vary by location and time
• We reserve the right to modify menu items and prices without notice
• Images are for illustration purposes and may not reflect the exact appearance of products
• Seasonal items may have limited availability

5.3 Allergen Information and Disclaimers

5.4 Order Acceptance and Cancellation

All orders are subject to acceptance by toppers pizza. We reserve the right to refuse or cancel any order for any reason, including:

• Product unavailability
• Pricing errors
• Delivery location outside our service area
• Suspected fraudulent activity
• Violation of these Terms

5.5 Order Modification and Cancellation Policy

You may modify or cancel your order within 5 minutes of placing it, subject to the following conditions:

• Orders cannot be modified once food preparation has begun
• Cancellation requests must be made through our website or by calling our store directly
• Refunds for cancelled orders will be processed according to our Refund Policy
• Custom or special orders may not be eligible for modification or cancellation

5.6 Minimum Order Requirements

Delivery orders are subject to minimum order requirements, which may vary by delivery location and time of day. Current minimum order amounts are displayed during the checkout process.

5.7 Delivery Terms and Service Areas

Our delivery services are available within designated delivery zones around our Denver location. Delivery terms include:

• Estimated delivery times are approximate and may vary due to weather, traffic, or order volume
• Delivery fees are clearly displayed during checkout
• We reserve the right to modify delivery zones and fees at any time
• Delivery personnel will make reasonable attempts to contact you if they cannot locate your address
• Temperature-sensitive items are transported using appropriate equipment to maintain food quality

5.8 Payment Terms

Payment is due at the time of order placement. We accept major credit cards, debit cards, and other payment methods as displayed on our website. All transactions are processed securely through encrypted payment systems.

6. Intellectual Property

6.1 Our Intellectual Property

All content on our website and Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of toppers pizza or its content suppliers and is protected by United States and international copyright laws.

6.2 Trademarks

The toppers pizza name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of toppers pizza. You may not use such marks without our prior written permission.

6.3 Limited License

We grant you a limited license to access and make personal use of our Services, but not to download or modify any portion of it, except with our express written consent.

6.4 Copyright Infringement

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] with detailed information about the alleged infringement.

7. User Content

7.1 Your Responsibility

You are solely responsible for any content you submit, post, or transmit through our Services, including reviews, comments, photos, and other materials ("User Content").

7.2 License Grant

By submitting User Content, you grant toppers pizza a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with our Services.

7.3 Prohibited Content

User Content must not contain material that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of privacy
• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights
• Contains software viruses or any other computer code designed to interrupt, destroy, or limit functionality
• Is false, misleading, or deceptive
• Promotes illegal activities or conduct

7.4 Content Removal

We reserve the right, but have no obligation, to monitor, edit, or remove any User Content that we determine in our sole discretion violates these Terms or is otherwise objectionable.

8. Disclaimers

8.1 "As Is" Service

Our Services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the operation of our Services or the information, content, materials, or products included therein.

8.2 No Warranty of Uninterrupted Service

We do not warrant that our Services will be uninterrupted, secure, or error-free, or that any defects will be corrected. We may experience hardware, software, or other problems that could impact the availability of our Services.

8.3 Third-Party Content

Our Services may include content from third parties. We are not responsible for examining or evaluating such third-party content and do not warrant or endorse any third-party materials or services.

8.4 Professional Advice Disclaimer

Any nutritional information, dietary suggestions, or health-related content provided through our Services is for informational purposes only and should not be considered professional medical or dietary advice.

9. Limitation of Liability

9.1 Maximum Liability

In no event shall toppers pizza's total liability to you for all damages, losses, and causes of action exceed the amount you have paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

9.2 Excluded Damages

Under no circumstances shall we be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or information
• Business interruption
• Personal injury (except as required by law)
• Emotional distress

9.3 Food Safety Liability

While we maintain strict food safety standards, we cannot be held liable for adverse reactions to our food products, except in cases of gross negligence or where prohibited by law. Customers with allergies or dietary restrictions assume responsibility for informing us of their needs.

10. Indemnification

You agree to indemnify, defend, and hold harmless toppers pizza, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

• Your violation of these Terms
• Your use of our Services
• Any User Content you submit
• Your violation of any rights of a third party
• Any breach of your representations and warranties

11. Third-Party Links and Services

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by toppers pizza. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

We do not endorse any third-party content, products, or services, and you access them at your own risk. The inclusion of any link does not imply endorsement by us of the site or any association with its operators.

12. Termination

12.1 Termination by Company

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

12.2 Termination by User

You may terminate your account at any time by contacting us at [email protected] or through your account settings.

12.3 Effect of Termination

Upon termination, your right to use our Services will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Disputes

13.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America, without regard to conflict of law principles.

13.2 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Denver, Colorado, and you hereby consent to personal jurisdiction and venue therein.

13.3 Dispute Resolution

Before filing any formal legal action, you agree to first contact us at [email protected] to attempt to resolve any dispute informally. We are committed to working with you to reach a fair resolution.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. Your continued use of our Services after any such changes constitutes your consent to such changes.

It is your responsibility to review these Terms periodically for updates. The most current version will always be posted on our website with the effective date clearly indicated.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on our Services, constitute the entire agreement between you and toppers pizza regarding your use of our Services.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of toppers pizza.

15.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms that is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or other similar causes beyond our reasonable control.

15.6 Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

For immediate assistance with orders or delivery issues, please call our main number at +1 303-455-9463. For general inquiries, suggestions, or legal matters, please email us at [email protected].

Thank you for choosing toppers pizza. We appreciate your business and look forward to serving you delicious food and excellent service.