Terms of Service

1. Introduction and Acceptance

Welcome to Toppers Pizza. These Terms of Service ("Terms") govern your use of our website located at topper-pizza.rest (the "Service") operated by Toppers Pizza ("us", "we", or "our"). By accessing or using our Service, you agree to be bound by these Terms.

These Terms constitute a legally binding agreement between you and Toppers Pizza. If you disagree with any part of these terms, then you may not access the Service.

1.1 Eligibility Requirements

You must be at least 18 years old to use our services. If you are under 18, you may use our service only with the involvement and consent of a parent or guardian. You must have the legal capacity to enter into contracts in your jurisdiction.

1.2 Account Responsibility

When creating an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for maintaining the security of your account.

1.3 Updates to Terms

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

2. Definitions

For the purpose of these Terms of Service:

• "Company" (referred to as "the Company", "we", "us" or "our") refers to Toppers Pizza, located at 2436 14th St NW, Washington, DC 20009, USA.
• "You" refers to the individual accessing or using the Service.
• "Service" refers to the website and food delivery services provided by Toppers Pizza.
• "Content" refers to any text, images, videos, or other materials displayed on our Service.
• "Website" refers to topper-pizza.rest and all associated pages and services.
• "Food Products" refers to all food and beverage items offered by Toppers Pizza.
• "Order" refers to your request to purchase food products from us.
• "Delivery Zone" refers to the geographical area where we provide delivery services.

3. Use of Services

3.1 Permitted Use

You may use our Service for lawful purposes only and in accordance with these Terms. Specifically, you agree to:

• Use the Service for personal, non-commercial purposes
• Comply with all applicable local, state, national, and international laws
• Provide accurate and complete information when placing orders
• Respect the intellectual property rights of Toppers Pizza and third parties
• Use the Service in a manner that does not interfere with other users' enjoyment

3.2 Prohibited Use

You may not use our Service:

• For any unlawful purpose or to solicit others to engage in unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To collect or track the personal information of others
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose
• To interfere with or circumvent the security features of the Service

4. User Accounts

4.1 Registration Requirements

To access certain features of our Service, you may be required to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate, current, and complete
• Accept responsibility for all activities under your account
• Not create an account using false information or on behalf of someone other than yourself

4.2 Account Security

You are responsible for maintaining the confidentiality of your account and password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

4.3 Account Termination Rights

We reserve the right to terminate or suspend your account at any time for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4.4 One Account Per Person

Each person may maintain only one account. Multiple accounts created by the same person may be terminated without notice.

5. Products and Services

5.1 Product Descriptions and Accuracy

We attempt to be as accurate as possible in describing our food products. However, we do not warrant that product descriptions, pricing, or other content is accurate, complete, reliable, current, or error-free. Colors and appearance of food items may vary from images displayed on our website.

5.2 Pricing and Availability

All prices are subject to change without notice. We reserve the right to modify prices at any time. Product availability is subject to change and may vary by location and time. We reserve the right to limit quantities and discontinue products.

5.3 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 but not limited to:

• Product availability
• Errors in product information or pricing
• Credit card authorization failures
• Orders placed outside our delivery zone
• Suspected fraudulent activity

5.4 Food Safety and Allergen Information

We take food safety seriously and follow all applicable health regulations. However:

• Our kitchen handles various allergens including wheat, dairy, nuts, and shellfish
• Cross-contamination may occur despite our best efforts
• Customers with severe allergies should exercise caution
• We cannot guarantee that any product is completely allergen-free
• Please inform us of any allergies when placing your order

5.5 Delivery Terms and Timing

Delivery services are available within our designated delivery zones during operating hours. Delivery times are estimates and may vary based on weather, traffic, and order volume. We are not responsible for delays beyond our reasonable control.

5.6 Temperature-Sensitive Item Handling

We take care to maintain appropriate temperatures for hot and cold items during transport. However, we recommend consuming delivered food promptly upon receipt to ensure optimal quality and safety.

5.7 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. You authorize us to charge the payment method provided for the total amount of your order, including applicable taxes and delivery fees.

5.8 Returns and Refunds

Due to the perishable nature of our food products, we generally do not accept returns. For issues with food quality or order accuracy, please refer to our Refund Policy for detailed information about our resolution process.

6. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Toppers Pizza and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.

6.1 Our Ownership

All content on our website, including but not limited to text, graphics, logos, images, recipes, audio clips, digital downloads, data compilations, and software, is the property of Toppers Pizza or its content suppliers and is protected by intellectual property laws.

6.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to access and use our Service for personal, non-commercial purposes in accordance with these Terms.

6.3 User Content License

By posting content on our Service (such as reviews or comments), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with our business.

6.4 Copyright Infringement Reporting

If you believe that any content on our Service infringes your copyright, please contact us at [email protected] with detailed information about the alleged infringement.

7. User Content

7.1 Responsibility for Your Content

You are solely responsible for any content you post, upload, or otherwise make available through our Service. You represent and warrant that you own or have the necessary rights to such content.

7.2 License Grant to Company

By submitting content to our Service, you grant Toppers Pizza a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content.

7.3 Prohibited Content

You may not post content that:

• Is illegal, harmful, threatening, abusive, or harassing
• Is defamatory, obscene, pornographic, or offensive
• Infringes on intellectual property rights
• Contains viruses or malicious code
• Violates any applicable laws or regulations
• Is spam or unsolicited commercial communication

7.4 Right to Remove Content

We reserve the right to remove any content that violates these Terms or that we deem inappropriate, without notice and at our sole discretion.

7.5 No Endorsement

We do not endorse any user content and are not responsible for the accuracy, usefulness, or intellectual property rights of user content.

8. Disclaimers

Your use of our Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.

8.1 No Warranty of Uninterrupted Service

We do not warrant that the Service will be uninterrupted, secure, or error-free. We do not warrant that any defects will be corrected or that the Service is free of viruses or other harmful components.

8.2 Third-Party Content Disclaimer

Any content provided by third parties is not endorsed by us and we are not responsible for its accuracy or reliability.

8.3 Professional Advice Disclaimer

The information on our Service is not intended as professional advice. You should consult appropriate professionals for advice specific to your situation, particularly regarding dietary restrictions or health concerns.

8.4 Food Quality Disclaimer

While we strive to maintain high food quality standards, we cannot guarantee that food products will meet your expectations or dietary requirements. Food quality may be affected by delivery time and storage conditions.

9. Limitation of Liability

In no event shall Toppers Pizza, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service.

9.1 Maximum Liability Limits

Our total liability to you for any claim arising out of these Terms or your use of the Service shall not exceed the amount you paid to us in the twelve months preceding the claim.

9.2 Excluded Damages

We shall not be liable for:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute services
• Indirect or consequential damages
• Damages arising from food allergies or dietary restrictions (except where required by law)

9.3 Essential Purpose Failure

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Toppers Pizza and its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you post or submit through the Service

10.1 Defense and Settlement Rights

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 of such claims.

10.2 Survival of Indemnification

This indemnification obligation will survive termination of these Terms and your use of the Service.

11. Third-Party Links and Services

11.1 No Responsibility for Third Parties

Our Service may contain links to third-party websites 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 websites or services.

11.2 Third-Party Terms Apply

Your interactions with third-party services are governed by their own terms of service and privacy policies. We encourage you to review the terms and policies of any third-party services you access.

11.3 No Endorsement

The inclusion of any link does not imply endorsement by Toppers Pizza of the linked site or service.

12. Termination

12.1 Company Right to Terminate

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

12.2 User Right to Terminate

You may terminate your account at any time by contacting us or by discontinuing use of the Service.

12.3 Effect of Termination

Upon termination, your right to use the Service 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.

12.4 Survival of Provisions

The following sections will survive any termination: Intellectual Property, User Content, Disclaimers, Limitation of Liability, Indemnification, and General Provisions.

13. Governing Law and Disputes

13.1 Applicable Law

These Terms shall be interpreted and governed by the laws of the District of Columbia, United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution Process

Any dispute arising out of or relating to these Terms or the Service should first be addressed through direct communication with Toppers Pizza. We are committed to resolving disputes amicably and efficiently.

13.3 Jurisdiction and Venue

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

13.4 Time Limitation

Any claim or cause of action arising out of or related to use of the Service must be filed within one year after such claim or cause of action arose, or be forever barred.

14. Changes to Terms

14.1 Right to Modify

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Changes may be necessary due to legal requirements, business considerations, or to improve our services.

14.2 Notification of Changes

If we make material changes to these Terms, we will provide notice through our Service or by email to registered users at least 30 days before the changes take effect.

14.3 Continued Use Equals Acceptance

Your continued use of the Service after any changes to the Terms constitutes acceptance of those changes.

14.4 Review Responsibility

It is your responsibility to review these Terms periodically to stay informed of updates.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on this website, constitute the entire agreement between you and Toppers Pizza.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.4 Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction.

15.5 Force Majeure

We will not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, strikes, or government regulations.

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:

16.1 Response Times

We strive to respond to all inquiries within 24-48 hours during business days. For urgent matters related to active orders, please call our phone number for immediate assistance.

16.2 Business Hours

Our customer service team is available Monday through Friday, 9:00 AM to 6:00 PM EST. Restaurant hours may vary and are posted on our website.

By using our Service, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.