Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at pizza-davannis.rest (the "Site") or any services provided by Davanni's ("Company," "we," "us," or "our"). By accessing or using our Site, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you do not agree with any part of these Terms, you must immediately discontinue use of the Site and our services. Your continued use of the Site following the posting of any modifications to these Terms constitutes your acceptance of those changes.

1. Acceptance of Terms

By accessing, browsing, or using the Site, you represent and warrant that:

• You are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), you have obtained verifiable parental or legal guardian consent to use the Site;
• You have the legal capacity and authority to enter into a binding agreement;
• You will comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site and our services;
• All information you provide to us is accurate, current, and complete;
• You are not located in a jurisdiction where the receipt or use of our services would be prohibited or restricted by law.

These Terms constitute a legally binding contract between you (the "User" or "Customer") and Davanni's. This Agreement is governed by and construed in accordance with the laws of the United States and applicable state laws where the Company operates.

2. Description of Services

Davanni's is a food service business that provides customers with the ability to browse our menu offerings, place online food orders, access nutritional and allergen information, participate in promotions, and contact us directly through the Site. Our specific services include, but are not limited to:

2.1 Online Ordering

We offer an online ordering platform through which customers may place orders for food and beverages, including pizzas, hoagies, pasta, salads, desserts, and other menu items. Orders may be placed for delivery, carryout/pickup, or dine-in, subject to availability at specific locations.

2.2 Menu Information

The Site provides detailed descriptions, pricing, and imagery for our food and beverage offerings. We make reasonable efforts to ensure that all menu information is accurate and up to date; however, menu items, prices, and availability are subject to change without prior notice.

2.3 Catering and Special Event Services

Davanni's may offer catering and large-order services for special events, corporate functions, and private gatherings. Specific terms and conditions applicable to catering orders may be provided separately at the time of inquiry or booking.

2.4 Promotional Offers and Loyalty Programs

From time to time, Davanni's may offer promotional discounts, coupons, loyalty rewards, or special deals through the Site or via electronic communications. Promotional offers are subject to their own terms, eligibility requirements, and expiration dates.

2.5 Customer Support

We provide customer support services to assist you with questions regarding your orders, menu items, dietary needs, and general inquiries. You may contact us via the contact information listed at the end of these Terms.

We reserve the right to modify, suspend, discontinue, or restrict access to any aspect of our services at any time, with or without notice, and without liability to you.

3. User Obligations and Prohibited Activities

3.1 General Obligations

As a user of our Site and services, you agree to:

• Provide accurate, truthful, and complete information when creating an account, placing an order, or communicating with us;
• Maintain the confidentiality and security of your account credentials and promptly notify us of any unauthorized access;
• Use the Site only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, including those related to consumer protection, electronic commerce, and food safety;
• Respect the intellectual property rights and privacy of Davanni's and other users;
• Honor the terms of any orders you place, including timely payment and pickup where applicable.

3.2 Prohibited Activities

You expressly agree that you will NOT engage in any of the following prohibited activities:

• Fraudulent Orders: Placing orders with no intent to pay, using stolen or unauthorized payment methods, or submitting chargebacks for orders that were delivered as ordered;
• System Interference: Attempting to hack, probe, scan, or test the vulnerability of our systems, networks, or security measures;
• Malicious Software: Introducing viruses, trojans, worms, logic bombs, ransomware, or any other malicious or technologically harmful material to the Site;
• Data Scraping: Using automated tools, bots, crawlers, scripts, or other means to extract data from the Site without our express written permission;
• Impersonation: Impersonating any person or entity, misrepresenting your identity, or falsely claiming an affiliation with Davanni's;
• Harassment: Engaging in any conduct that harasses, intimidates, threatens, or harms any employee, contractor, or other user of the Site;
• Unauthorized Access: Accessing or attempting to access accounts, systems, or data that you are not authorized to access;
• Illegal Use: Using the Site in connection with any illegal activity, including but not limited to fraud, money laundering, or violations of consumer protection laws;
• Reverse Engineering: Decompiling, disassembling, or reverse engineering any portion of the Site or its underlying technology;
• Spam: Transmitting unsolicited commercial communications or interfering with other users' enjoyment of the Site;
• False Reviews: Submitting false, misleading, or defamatory reviews or ratings about our products or services;
• Resale: Purchasing our food products for unauthorized commercial resale or distribution without express written consent.

Violation of any of the above prohibitions may result in immediate termination of your access to the Site and services, and may subject you to civil and/or criminal liability under applicable federal and state laws, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the FTC Act (15 U.S.C. § 41 et seq.).

4. Account Registration and Security

To access certain features of the Site, such as online ordering history, loyalty programs, or saved preferences, you may be required to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete registration information;
• Update your account information promptly if it changes;
• Choose a strong, unique password and keep it confidential;
• Notify Davanni's immediately at [email protected] of any unauthorized use of your account or any security breach.

You are solely responsible for all activities that occur under your account. Davanni's shall not be liable for any loss or damage arising from your failure to maintain account security or from unauthorized access to your account where such access was facilitated by your negligence.

Davanni's reserves the right to suspend or terminate your account at any time, with or without notice, if we believe that your account has been compromised, used in violation of these Terms, or for any other reason at our sole discretion.

5. Payment Terms

5.1 Pricing and Payment Methods

All prices displayed on the Site are in United States Dollars (USD) and are subject to applicable state and local sales taxes, delivery fees, and service charges. We accept major credit and debit cards, and may accept other payment methods as disclosed at checkout. All payment transactions are processed through secure third-party payment processors.

5.2 Order Confirmation and Billing

Upon placing an order, you authorize Davanni's to charge the payment method you provide for the full amount of your order, including applicable taxes and fees. You will receive an order confirmation via email or text message. Please review your order confirmation carefully and contact us immediately if there are any errors.

5.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you have concerns about the quality of your order or believe an error was made, please contact us within a reasonable time of receiving your order. We will review your concern on a case-by-case basis and may offer a replacement, store credit, or partial refund at our sole discretion. Refund requests will be evaluated in accordance with applicable consumer protection laws, including those enforced by the Federal Trade Commission (FTC).

5.4 Promotional Codes and Discounts

Promotional codes and discounts are subject to specific terms and expiration dates. Only one promotional code may be applied per order unless otherwise stated. Promotional codes have no cash value and may not be combined with other offers unless explicitly permitted.

5.5 Price Changes

Davanni's reserves the right to adjust prices at any time without prior notice. Price changes will not apply retroactively to orders that have already been confirmed and charged.

6. Intellectual Property Rights

6.1 Ownership

The Site and all of its content, including but not limited to text, graphics, photographs, logos, icons, audio clips, digital downloads, data compilations, software, and the overall "look and feel" of the Site (collectively, the "Content"), are the exclusive property of Davanni's or its content suppliers and are protected by United States and international intellectual property laws, including copyright law (17 U.S.C. § 101 et seq.), trademark law (15 U.S.C. § 1051 et seq.), and other applicable laws.

6.2 Limited License

Davanni's grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial use in accordance with these Terms. This license does not include the right to:

• Reproduce, modify, distribute, or publicly display any Content without our prior written consent;
• Use any data mining, robots, or similar data gathering or extraction tools on the Site;
• Create derivative works based on any portion of the Site or its Content;
• Frame or mirror any portion of the Site without our written authorization;
• Use the Site or its Content for any commercial purpose without our express written consent.

6.3 Trademarks

The Davanni's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Davanni's or its affiliates. You may not use such marks without our prior written permission. All other names, brands, and marks are used for identification purposes only and may be the trademarks of their respective owners.

6.4 User-Submitted Content

If you submit reviews, comments, photos, feedback, or other content to the Site or through our social media channels, you grant Davanni's a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any form, media, or technology. You represent and warrant that you own or have the necessary rights to submit such content and that it does not infringe the rights of any third party.

7. Food Safety, Allergen Disclaimers, and Nutritional Information

Davanni's takes food safety and customer health seriously. We make reasonable efforts to provide accurate allergen and nutritional information on our Site and menus. However, you acknowledge and agree that:

• Our food products are prepared in kitchens where allergens such as wheat, dairy, eggs, nuts, soy, fish, and shellfish may be present, and cross-contamination is possible;
• Nutritional values provided are estimates and may vary based on ingredient substitutions, portion sizes, and preparation methods;
• It is your responsibility to inform our staff of any dietary restrictions, food allergies, or medical conditions prior to placing your order;
• Davanni's cannot guarantee that any menu item is free from any particular allergen, and individuals with severe food allergies should exercise caution and consult with our staff before ordering.

Davanni's shall not be liable for any adverse reactions, health consequences, or damages resulting from undisclosed food allergies or medical conditions. If you have a serious food allergy, please contact us directly before placing your order.

8. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES, CONTENT, AND INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DAVANNI'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, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE SITE;
• WARRANTIES THAT DEFECTS IN THE SITE OR ITS CONTENT WILL BE CORRECTED;
• WARRANTIES THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVANNI'S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE THE SITE OR SERVICES;
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE;
• DAMAGES ARISING FROM ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION ON THE SITE;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DAVANNI'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL DAVANNI'S TOTAL AGGREGATE 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) THE TOTAL AMOUNT YOU PAID TO DAVANNI'S IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless Davanni's, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) that arise from or relate to:

• Your use of or access to the Site or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any rights of any third party, including intellectual property rights, privacy rights, or publicity rights;
• Any content you submit, post, or transmit through the Site;
• Any fraudulent, intentionally harmful, or illegal conduct by you;
• Any dispute or claim arising from a transaction between you and a third party facilitated through the Site.

Davanni's reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Davanni's in asserting any available defenses.

11. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources, including payment processors, social media platforms, and delivery service providers. These third-party sites are not under the control of Davanni's, and we are not responsible for their content, privacy practices, terms of service, or any damages or losses you may incur from using them. The inclusion of any third-party link does not imply endorsement by Davanni's.

We encourage you to review the terms of service and privacy policies of any third-party sites you visit. Your interactions with third-party sites are solely between you and those third parties, and Davanni's shall have no liability in connection therewith.

12. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated herein by reference. Our Privacy Policy describes how we collect, use, and disclose information about you in connection with your use of the Site and services. By using the Site, you consent to the collection and use of your information as described in our Privacy Policy. We comply with applicable federal privacy laws, including those enforced by the Federal Trade Commission (FTC), as well as any applicable state privacy laws.

13. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the state laws applicable to the location of Davanni's operations, without regard to conflict of law principles.

You agree that 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, in the county or district where Davanni's principal place of business is located. You hereby consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such action in said courts.

These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Davanni's at [email protected] and attempt to resolve the dispute informally. We will make good faith efforts to resolve any dispute, claim, or controversy within thirty (30) calendar days of receiving your written notice.

14.2 Binding Arbitration

If informal resolution is unsuccessful, you and Davanni's agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or any products or services purchased through the Site shall be resolved exclusively through binding individual arbitration, rather than in court, except as provided in Section 14.4 below.

The arbitration shall be conducted by a recognized arbitration organization, such as the American Arbitration Association (AAA), under its then-current Consumer Arbitration Rules. The arbitration shall take place in the United States, in the county where Davanni's principal place of business is located, unless the parties agree otherwise. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DAVANNI'S EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If a court or arbitrator determines that this class action waiver is unenforceable, then the arbitration agreement shall be void and any dispute shall be resolved in court.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent or stop actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. You also have the right to bring small claims court actions for disputes within the jurisdictional limits of small claims court.

14.5 Waiver of Jury Trial

BY AGREEING TO THESE TERMS, YOU AND DAVANNI'S EACH WAIVE THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE THAT IS NOT SUBJECT TO ARBITRATION UNDER THESE TERMS.

15. Term and Termination

15.1 Duration

These Terms shall remain in full force and effect for as long as you access or use the Site or maintain an account with Davanni's, unless earlier terminated in accordance with these Terms.

15.2 Termination by You

You may terminate your account and cease using the Site at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment for completed orders.

15.3 Termination by Davanni's

Davanni's reserves the right, in its sole discretion, to suspend or permanently terminate your access to the Site and services, with or without notice and with or without cause, including but not limited to:

• Your violation of any provision of these Terms;
• Your engagement in fraudulent, abusive, or illegal activity;
• Your failure to pay for completed orders;
• Any conduct that we believe harms Davanni's, its employees, customers, or reputation.

15.4 Effect of Termination

Upon termination, all rights and licenses granted to you under these Terms shall immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

16. Changes to Terms

Davanni's reserves the right to modify, update, or replace these Terms at any time at its sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, provide notice via email, a prominent notice on the Site, or through other reasonable means.

Your continued use of the Site or services following the posting of updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the Site immediately. We encourage you to review these Terms periodically to stay informed of any updates.

17. Severability

If any provision of these Terms is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect as if the severed provision had never been included. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, or agreements posted on the Site, constitute the entire agreement between you and Davanni's with respect to your use of the Site and services and supersede all prior and contemporaneous agreements, representations, warranties, understandings, and communications, whether written or oral, relating to such subject matter.

No waiver by Davanni's of any right, remedy, or breach shall be construed as a continuing waiver of that right or remedy or as a waiver of any subsequent breach. The failure of Davanni's to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

19. Force Majeure

Davanni's shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions, wars, terrorism, labor disputes, power outages, internet or telecommunications failures, or any other event constituting a force majeure event. In the event of a force majeure, we will make reasonable efforts to notify you and resume services as soon as practicable.

20. Electronic Communications and Consent

By using our Site, creating an account, or placing an order, you consent to receive electronic communications from Davanni's, including order confirmations, receipts, promotional emails, account notices, and other information. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

If you wish to opt out of promotional communications, you may do so by following the unsubscribe instructions contained in those messages or by contacting us at [email protected]. Please note that transactional and account-related communications are not subject to opt-out.

21. Compliance with Applicable Laws

These Terms are subject to compliance with all applicable federal, state, and local laws and regulations. Your use of the Site and services must comply with all applicable laws, including but not limited to:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.), governing unfair or deceptive acts and practices in commerce;
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030), governing unauthorized access to computer systems;
• The Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, governing online copyright infringement;
• The CAN-SPAM Act (15 U.S.C. § 7701 et seq.), governing commercial electronic mail;
• The Americans with Disabilities Act (ADA), to the extent applicable to online services;
• All applicable state consumer protection laws and food service regulations.

If you are a California resident, you may also have rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) with respect to your personal information. Please refer to our Privacy Policy for more details on your rights as a California consumer.

22. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us for any reason related to your use of the Site or our services, please reach out to us using the following information:

We endeavor to respond to all inquiries within three (3) to five (5) business days. For urgent matters related to food safety or active orders, please use the most direct contact method available to you through the Site.