Please read these Terms of Use carefully as they affect your rights.

• Acceptance of the Terms of Use

• Frank Pepe’s Development Company, LLC (“Pepe’s Pizza”) Terms of Use (“Terms") govern your access to and use of www.order.pepespizzeria.com (“Site”), including any content, functionality, and service offered on or through the Site or Pepe’s Pizza’s mobile application (collectively the “Platform”). By accessing or using the Platform or clicking to accept or agree to the Terms when the option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms or Pepe’s Pizza Privacy Policy, available here, you must not access or use the Platform. 
  
  
  Throughout the Platform and these Terms, “we”, “our”, and “us” refers to Pepe’s Pizza. Throughout the Platform and these Terms, “you” refers to past, present, or prospective users of the Platform.

• Ability to Accept Terms of Use
  

  The Platform is intended for and available to users (18) years of age or older.  Children under the age of thirteen (13) are not permitted to register as a user, otherwise use the Platform, or submit personal data to the Platform. 

• Changes to the Terms of Use

  Pepe’s Pizza may revise and update these Terms from time to time and reserves the right to do so, with or without, notice to past, present, or prospective users of the Platform. All changes are effective immediately when Pepe’s Pizza posts them and applies to all access and use of the Platform thereafter. The most current version of these Terms posted on the Platform supersedes all previous versions. Your continued use of the Platform following the posting of the revised Terms means that you accept and agree to such changes. 

  
  

  Pepe’s Pizza reserves the right to withdraw or amend the Platform, and any service or material provided on the Platform, in our sole discretion with or without notice. 

• Privacy and Personal Data

  Pepe’s Pizza respects your right to privacy and is committed to protecting the privacy of personal data you provide us on the Platform. Pepe’s Pizza believes it is important for you to know how we treat the information you share with us. You can view Pepe’s Pizza Privacy Policy here. 

  
  

  By using the Platform, you acknowledge and accept the Pepe’s Pizza Privacy Policy and consent to the collection and use of your data in accordance with Pepe’s Pizza Privacy Policy.

• Accessing the Platform and Account Security

  To access particular services on the Platform, you will be asked to create an account and provide certain registration details or other information. In providing those details or other information, you represent and warrant those details or other information is correct, current, and complete. All details or other information you provide to register with the Platform, including but not limited to, through the use of any interactive features on the Platform, is governed by Pepe’s Pizza Privacy Policy and you consent to all actions Pepe’s Pizza takes with respect to your information consistent with Pepe’s Pizza Privacy Policy. 

  
  

  If you create an account on the Platform, it is your responsibility to maintain the confidentiality of the information used to create your account. You must not disclose your account information to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person access or portions of it using your username, password, or other security information. You must notify Pepe’s Pizza immediately of any unauthorized access to or use of your account. 

  
  

  If you choose to join Frank Pepe’s Rewards Program, you must create and use a Pepe’s Reward Account. By creating and using your Pepe’s Reward Account, you agree to the Terms of Use for the Frank Pepe’s Rewards Program, which can be found here.   

• Use of the Platform

  Pepe’s Pizza permits you to use the Platform exclusively for your personal, noncommercial use. You may use the Platform only for lawful purposes and in accordance with these Terms. The Platform and its content, functionality, and services are owned by Pepe’s Pizza, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are not permitted to distribute, reproduce, modify, create derivative works of, publicly display, publicly preform, republish, or transmit any content protected by copyright or any other intellectual property right on the Platform provided by Pepe’s Pizza or its licensors, without prior written authorization. 

• Third Party Content

  The Platform may include content provided by third parties and links to third party platforms that are not owned or controlled by Pepe’s Pizza. Pepe’s Pizza has no control over and is not responsible or liable, for the content or practices of any third-party platform. Once you leave the Platform or submit your information to a third-party platform accessible from this Platform, these Terms and Pepe’s Pizza Privacy Policy do not apply. 

• Limitation of Liability

  TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PEPE’S PIZZA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

• Idemnification

  You agree to indemnify, defend, and hold harmless Pepe’s Pizza, its affiliates, licensors, and service providers, and its and their 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 or your use of the Platform. 

• Miscellaneous

  These Terms, together with Pepe’s Pizza Privacy Policy, constitute the sole and entire agreement between you and Pepe’s Pizza regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform. 

  
  

  All matters relating to the Platform and these Terms, and any dispute or claim arising from or related to the Platform and these Terms, shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law principles. By using this Platform, you agree that any and all disputes regarding these Terms shall be subject to the courts located in New Haven County, Connecticut. 

  
  

  No waiver by Pepe’s Pizza of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pepe’s Pizza to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect except as other provided herein. 

  
  

  Pepe’s Pizza has the right to disable any account at any time if, in our opinion, you have violated any provision of these Terms.