Terms of Service

Please read these Terms of Service carefully before using the website located at giordanospizza.click (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 legally bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must immediately discontinue your use of the Site and our services.

1. Acceptance of Terms

By accessing, browsing, or using the Site at giordanospizza.click, or by placing an order, making a reservation, or otherwise interacting with Giordano's in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with 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 or using our services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, and references to "you" shall include both you and that entity.

You must be at least eighteen (18) years of age to use our Site and services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract under applicable United States law. Minors under the age of 18 may only use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including in cases where we believe a user is in violation of these Terms or applicable law.

2. Description of Services

Giordano's operates as a food service business providing customers with access to our menu, online ordering system, delivery and pickup services, catering inquiries, and other related food and hospitality offerings through our website at giordanospizza.click. Our services include but are not limited to:

• Online ordering for food and beverages, including our signature deep-dish and stuffed pizzas, appetizers, salads, pasta dishes, sandwiches, desserts, and beverages.
• Delivery services to eligible addresses within our designated delivery zones.
• Carry-out and curbside pickup options at participating locations.
• Catering services for events, subject to availability and separate catering agreements.
• Gift card purchases and redemption.
• Informational content regarding our menu, locations, hours of operation, and promotions.
• Loyalty or rewards program participation, where applicable.
• Customer support and feedback channels.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. Menu items, pricing, availability, and participating locations are subject to change without notice. Giordano's does not guarantee that any particular item, service, or offer will be available at any given time or location.

Delivery availability, estimated delivery times, and minimum order requirements may vary by location. Giordano's makes no guarantee regarding specific delivery times and shall not be liable for delays caused by circumstances beyond our reasonable control, including but not limited to weather, traffic, third-party delivery service issues, or force majeure events.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Site and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or contacting us.
• Maintain the confidentiality of your account credentials, including your password, and notify us immediately of any unauthorized access to your account.
• Use the Site only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations.
• Be present and available at the designated delivery address at the time of delivery, or arrange for an authorized representative to accept the delivery on your behalf.
• Pay all charges incurred through your account, including the purchase price of orders, applicable taxes, delivery fees, and any other applicable charges.
• Ensure that any contact information provided to us, including your delivery address, phone number, and email address, is accurate and up to date.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities when using our Site or services:

• Using the Site for any fraudulent purpose, including submitting false or misleading orders, providing false payment information, or impersonating another person or entity.
• Attempting to gain unauthorized access to any portion of the Site, our servers, or any systems or networks connected to the Site.
• Using any automated system, robot, spider, scraper, or other data-gathering or extraction tool to access the Site without our prior written permission.
• Transmitting any viruses, malware, spyware, or other harmful or malicious code through the Site.
• Interfering with or disrupting the integrity or performance of the Site or the data contained therein.
• Engaging in any activity that could damage, disable, overburden, or impair the Site or interfere with any other user's ability to use the Site.
• Copying, reproducing, modifying, distributing, or creating derivative works based on any content from the Site without our express written consent.
• Using our trademarks, logos, or other proprietary information without our written permission.
• Submitting false, defamatory, or misleading reviews or feedback about our products or services.
• Placing orders with no intention of payment or acceptance, or repeatedly canceling orders.
• Abusing promotional offers, discount codes, or loyalty programs, including creating multiple accounts to take advantage of single-use promotions.
• Engaging in any form of harassment, abuse, or threatening behavior toward our staff, delivery personnel, or other users.
• Violating any applicable local, state, federal, or international law or regulation in connection with your use of our services.

Any violation of the above prohibited activities may result in immediate termination of your access to our Site and services, cancellation of pending orders, and may subject you to civil or criminal liability.

4. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and any other material (collectively, "Content"), is the property of Giordano's or its content suppliers and is protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, and other proprietary rights.

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

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for your personal, non-commercial use in connection with ordering food products and using our services. This license does not include the right to:

• Resell or commercially exploit the Site or its Content.
• Collect or harvest any personally identifiable information from the Site.
• Use the Site or its Content for any commercial solicitation purposes.
• Create derivative works based on the Site's Content without express written consent.
• Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Giordano's without express written consent.

Any unauthorized use of the Site or its Content may violate copyright, trademark, and other laws. If you believe that any content on our Site infringes upon your intellectual property rights, please contact us immediately at [email protected].

5. Payment Terms

5.1 Pricing and Payment

All prices displayed on our Site are in United States Dollars (USD) and are subject to applicable state and local sales taxes. Prices may vary by location and are subject to change without prior notice. The price charged for an order will be the price displayed at the time the order is placed.

We accept payment through the methods indicated on the Site at the time of checkout, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, digital payment platforms, and gift cards. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the full amount of your order, including applicable taxes, delivery fees, and service charges, to that payment method.

5.2 Order Confirmation

Upon placing an order, you will receive an order confirmation via email or SMS. This confirmation represents our acceptance of your order and creates a binding contract between you and Giordano's for the purchase of the specified items at the stated price. We reserve the right to cancel any order if we are unable to fulfill it due to item unavailability, pricing errors, or other circumstances beyond our control. In such cases, we will promptly notify you and issue a full refund.

5.3 Refunds and Cancellations

Once an order has been confirmed and submitted to our kitchen for preparation, cancellations may not be possible. If you wish to cancel an order, please contact us as soon as possible at [email protected], and we will do our best to accommodate your request. Refunds, if applicable, will be issued to the original payment method and may take up to seven (7) to ten (10) business days to process, depending on your financial institution.

If you receive an incorrect or defective order, please contact us within twenty-four (24) hours of delivery or pickup. We will review your claim and, at our sole discretion, offer a replacement, store credit, or refund. We reserve the right to request photographic evidence of any claimed defect or incorrect item.

5.4 Promotional Offers and Discount Codes

From time to time, we may offer promotional discounts, coupon codes, or special offers. These promotions are subject to specific terms and conditions communicated at the time of the offer. Promotional codes are for one-time use only per customer unless otherwise stated and may not be combined with other offers. We reserve the right to modify or cancel any promotion at any time without notice.

6. Allergen and Dietary Information

Giordano's makes good-faith efforts to provide accurate allergen and dietary information on our menu. However, we cannot guarantee that any menu item is completely free from specific allergens, as our food is prepared in kitchens where common allergens, including wheat, dairy, eggs, nuts, soy, shellfish, and others, are present. Cross-contamination is possible. Customers with severe food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order. Giordano's shall not be liable for any adverse reactions resulting from undisclosed allergens.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIORDANO'S AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR OUR SERVICES, EVEN IF GIORDANO'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you in full. In such cases, Giordano's liability shall be limited to the maximum extent permitted by applicable law.

Giordano's shall not be liable for any failure or delay in performance of its obligations under these Terms caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, utility failures, or third-party service provider outages.

8. Disclaimers — "As-Is" Basis

THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS 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 LAW, GIORDANO'S EXPRESSLY DISCLAIMS ALL WARRANTIES, 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, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INFORMATION, OR MATERIAL AVAILABLE ON THE SITE.
• WARRANTIES THAT DEFECTS IN THE SITE WILL BE CORRECTED.
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES.

Giordano's does not warrant that the nutritional information, calorie counts, or allergen data provided on the Site is complete or accurate, as recipes and ingredients may be updated. You should not rely solely on information provided on the Site for medical or dietary decisions.

9. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Giordano's and its officers, directors, shareholders, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and successors from and against any and all 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 or any applicable law or regulation.
• Your use of the Site or services in an unauthorized or improper manner.
• Any content you submit, post, or transmit through the Site.
• Your infringement of any third party's intellectual property, privacy, or other rights.
• Any fraudulent or misleading information you provide to Giordano's.
• Your negligence or willful misconduct.
• Any dispute between you and a third party arising from or related to your use of our services.

Giordano's reserves 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 such claims. You agree not to settle any such matter without the prior written consent of Giordano's.

10. Governing Law and Jurisdiction

These Terms of Service 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 Giordano's principal place of business is located, without regard to its conflict of law provisions or your actual state or country of residence.

Any legal action or proceeding arising out of or relating to these Terms or your use of the Site and services shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. You irrevocably consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

These Terms are also subject to applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing consumer protection and unfair or deceptive acts or practices. If you are located in California, your use of our services may also be subject to the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), to the extent applicable.

Nothing in this section shall prevent Giordano's from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Giordano's at [email protected] and attempt to resolve the dispute informally. We will endeavor to respond to your complaint within thirty (30) days. Both parties agree to negotiate in good faith to resolve any disputes amicably. Many concerns can be resolved quickly and to the customer's satisfaction through this informal process.

11.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or our services (including claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory) shall be resolved by binding individual arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), as modified by these Terms.

The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The costs of arbitration, including filing fees, shall be allocated in accordance with the AAA rules, except that Giordano's will pay for all AAA filing, administrative, and arbitrator fees for claims that total less than $10,000 USD, unless the arbitrator finds that your claim was frivolous or brought for an improper purpose.

11.3 Class Action Waiver

YOU AND GIORDANO'S AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. Further, unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding.

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information. Small claims court actions that qualify under the applicable rules of the small claims court may also be pursued without arbitration.

12. Term and Termination

These Terms of Service are effective as of the date you first access the Site or use our services and shall remain in full force and effect for as long as you continue to use the Site or services.

Giordano's reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate your access to the Site and services at any time, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms.
• Suspected fraudulent, abusive, or illegal activity.
• Failure to pay for ordered goods or services.
• Extended periods of account inactivity.
• Technical or security concerns.
• Our decision to discontinue or significantly modify our services.

You may also terminate your use of the Site and services at any time by ceasing to access the Site and, if applicable, by requesting the deletion of your account. Upon termination, your right to access the Site and use our services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnification, limitation of liability, governing law, and dispute resolution.

Any outstanding orders that have been confirmed and paid for at the time of termination will be fulfilled in accordance with normal operating procedures, unless prohibited by applicable law or the circumstances of termination.

13. Changes to Terms

Giordano's reserves the right to update, modify, or replace these Terms of Service at any time at our sole discretion. We will notify users of material changes by updating the "Last Updated" date at the top of this page and, where required by applicable law, by providing more prominent notice such as email notification or an in-Site banner.

Your continued use of the Site or services after any such changes are posted constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates. If you do not agree to the revised Terms, you must immediately discontinue your use of the Site and services.

Changes to these Terms will not apply retroactively to disputes that arose prior to the effective date of the change, unless mutually agreed by both parties in writing.

14. Third-Party Links and Services

The Site may contain links to third-party websites, platforms, or services (such as social media platforms, payment processors, or third-party delivery partners) that are not owned or controlled by Giordano's. We provide these links for your convenience only and do not endorse, control, or take responsibility for the content, privacy practices, or terms of service of any third-party sites or services. We encourage you to review the terms of service and privacy policies of any third-party sites you visit.

Giordano's shall not be responsible for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available through any third-party site or service. Your interactions with such third parties are solely between you and those parties.

15. Privacy Policy

Your privacy is important to us. Our Privacy Policy, available on the Site, explains how we collect, use, disclose, and protect your personal information when you use our Site and services. By using the Site, you agree to the collection and use of your information in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

To the extent applicable, we comply with the requirements of the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), the Federal Trade Commission Act's consumer protection provisions, and all other applicable federal and state privacy laws. For questions about our privacy practices, please contact us at [email protected].

16. Accessibility

Giordano's is committed to ensuring that our website and digital services are accessible to individuals with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG). If you experience difficulty accessing any portion of our Site due to a disability, please contact us at [email protected] and we will make reasonable efforts to provide the information or service you need through alternative means.

17. Entire Agreement

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

No failure or delay by Giordano's in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.

18. Severability

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

In the event that any provision found to be invalid or unenforceable pertains to the class action waiver described in Section 11.3, and such waiver cannot be enforced with respect to a particular claim, that particular claim must be severed from arbitration and pursued in court, while all other claims shall remain subject to arbitration.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms of Service, by operation of law or otherwise, without Giordano's prior written consent. Any attempt by you to assign these Terms without such consent will be null and void. Giordano's may freely assign or transfer its rights and obligations under these Terms, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets, without restriction and without your consent.

20. Contact Information

If you have any questions, concerns, complaints, or requests relating to these Terms of Service, our services, or your rights as a consumer, please do not hesitate to contact us using the information below. We are committed to addressing your inquiries promptly and professionally.

For any consumer protection-related inquiries or to file a complaint, you may also contact the Federal Trade Commission (FTC) at www.ftc.gov or call 1-877-FTC-HELP (1-877-382-4357). California residents may additionally contact the California Attorney General's office for matters relating to the CCPA/CPRA.