Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at 313viapizza.digital (the "Site") or any services offered by Via 313 ("Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Via 313 governing your access to and use of our Site and services.

1. Acceptance of Terms

By accessing or using the Site at 313viapizza.digital, placing an order, creating an account, subscribing to our communications, or otherwise engaging with any services provided by Via 313, you expressly acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, our Privacy Policy (incorporated herein by reference), and all applicable federal, state, and local laws and regulations of the United States.

If you do not agree with any part of these Terms, you must immediately discontinue your access to and use of this Site and all associated services. Your continued use of the Site following any modification to these Terms constitutes your acceptance of the revised Terms.

You represent and warrant that you are at least eighteen (18) years of age, have the legal capacity to enter into a binding agreement, and are not barred from receiving services under the laws of the United States or any other applicable jurisdiction. If you are using this Site on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Services

Via 313 is a food service business operating in the United States. Through our Site and associated platforms, we offer the following services:

• Online Ordering: Users may browse our menu, customize food items, and place orders for pickup or delivery through the Site or affiliated ordering platforms.
• Menu Information: We provide detailed descriptions, pricing, nutritional information (where available), and allergen disclosures for food items offered.
• Promotions and Loyalty Programs: From time to time, we may offer special promotions, discount codes, loyalty rewards, and limited-time offers accessible through the Site.
• Customer Communications: Users may opt in to receive updates, newsletters, promotional communications, and order confirmations via email, SMS, or other digital channels.
• Catering and Event Services: We may offer catering services or event-based food service arrangements, subject to separate agreements and availability.
• Informational Content: The Site provides general information about our company, locations, operating hours, and food offerings.

We reserve the right to modify, suspend, discontinue, or restrict access to any aspect of our services at any time, with or without notice, for any reason including maintenance, updates, or changes to our business operations. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

3. User Obligations and Prohibited Activities

3.1 General Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain and promptly update any information you provide to ensure it remains accurate and complete.
• Use the Site and services solely for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws, regulations, and ordinances of the United States, including but not limited to those governing consumer protection, electronic commerce, food safety, and online transactions.
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use of your account.
• Promptly pay all amounts owed for orders placed through our Site.

3.2 Prohibited Activities

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

• Fraudulent Conduct: Submitting false, misleading, or fraudulent orders, payment information, or personal details; using stolen credit cards or payment methods; engaging in chargeback fraud or other financial manipulation.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, its servers, databases, or any systems connected to the Site through hacking, password mining, or any other means.
• Disruption of Services: Interfering with or disrupting the integrity or performance of the Site, including through the use of bots, scrapers, crawlers, malware, viruses, denial-of-service attacks, or any other harmful software or code.
• Intellectual Property Infringement: Reproducing, distributing, modifying, publicly displaying, or otherwise exploiting any content, trademarks, logos, or proprietary information from the Site without our express written permission.
• Harassment and Abuse: Using the Site to transmit any content that is harassing, defamatory, obscene, abusive, threatening, or otherwise objectionable toward Via 313 employees, representatives, or other users.
• Impersonation: Impersonating Via 313, any Via 313 employee, or any other person or entity in connection with use of the Site or our services.
• Automated Systems: Using automated scripts, bots, or other automated systems to access, monitor, or copy the Site without our prior written consent.
• Unlawful Use: Using the Site or services for any purpose that is illegal under federal, state, or local law, including engaging in any form of money laundering, fraud, or criminal activity.
• Misuse of Promotions: Exploiting promotional codes, discount offers, or loyalty rewards in ways not intended by the Company, including creating multiple accounts to take advantage of new-user promotions.
• Reverse Engineering: Attempting to decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of any software used in connection with the Site.

Violation of any of the above prohibitions may result in immediate termination of your account and access to our services, and may subject you to civil and/or criminal liability under applicable law.

4. Intellectual Property Rights

4.1 Ownership

All content on the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, menu designs, recipes, data compilations, software, and the overall "look and feel" of the Site (collectively, "Content"), is the exclusive property of Via 313 or its content suppliers and is protected by United States copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws.

4.2 Limited License

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 and services from Via 313. This license does not include the right to:

• Modify or create derivative works based upon the Site or its Content;
• Commercially exploit the Site or any of its Content;
• Copy, reproduce, or distribute any Content for commercial purposes;
• Remove any copyright, trademark, or other proprietary notices from the Content.

4.3 Trademarks

The name "Via 313," the company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Via 313. You may not use such marks without the prior written permission of Via 313. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

4.4 User-Submitted Content

If you submit reviews, feedback, photographs, comments, or other content to us through the Site or any connected social media platform ("User Content"), you grant Via 313 a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, display, translate, and distribute such User Content in any media. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe upon any third-party rights.

5. Payment Terms

5.1 Pricing

All prices listed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices displayed at the time of order confirmation are binding for that specific transaction. We reserve the right to correct pricing errors and will notify you of any such errors that affect your order.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on the Site or at the point of purchase. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

5.3 Taxes

You are responsible for paying all applicable federal, state, and local taxes associated with your purchase. Applicable sales tax will be calculated and added to your order total based on the delivery or pickup address and applicable tax rates at the time of your order.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. Refunds or replacements may be issued at our sole discretion in cases of incorrect orders, quality issues, or other circumstances we deem appropriate. To request a refund or report an issue with your order, please contact us at [email protected] within twenty-four (24) hours of your order.

5.5 Third-Party Payment Processors

We may use third-party payment processors to handle payment transactions. Your use of such third-party services is subject to their respective terms of service and privacy policies. Via 313 is not responsible for any errors, failures, or unauthorized access related to third-party payment processing systems.

6. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES, CONTENT, AND INFORMATION PROVIDED BY VIA 313 ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

VIA 313 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, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT, MENU INFORMATION, NUTRITIONAL DATA, OR ALLERGEN INFORMATION ON THE SITE;
• WARRANTIES THAT ORDERS PLACED THROUGH THE SITE WILL BE FULFILLED WITHOUT DELAY OR ERROR.

Allergen and nutritional information provided on the Site is offered as a general guide and may not account for cross-contamination, menu variations, or supplier changes. Users with food allergies or dietary restrictions should contact us directly before ordering and acknowledge that they assume all risk associated with their food choices.

Via 313 does not warrant or endorse any third-party services, websites, or content that may be linked to or from the Site. Your use of any third-party platforms, delivery services, or payment processors is at your own risk.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND ANY APPLICABLE STATE CONSUMER PROTECTION STATUTES, VIA 313, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ERRORS OR INACCURACIES IN MENU DESCRIPTIONS, PRICING, OR NUTRITIONAL INFORMATION;
• ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.

IN NO EVENT SHALL VIA 313'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO VIA 313 IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Via 313 and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, or 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 third-party rights, including intellectual property rights, privacy rights, or proprietary rights;
• Any User Content you submit, post, or transmit through the Site;
• Any fraud, misrepresentation, or willful misconduct by you in connection with your use of our services;
• Any dispute between you and any third party, including delivery services or payment processors.

Via 313 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms of Service, your rights and obligations hereunder, and all related matters shall be governed by and construed in accordance with the laws of the United States of America and the applicable state law of the state in which Via 313's principal place of business is located, without giving effect to any choice of law or conflict of law provisions that would cause the application of the laws of any other jurisdiction.

These Terms are also subject to applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) governing unfair or deceptive acts and practices in commerce, and any other federal consumer protection statutes that may apply to our services.

For users located in California, additional rights and protections may apply under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), the California Consumer Legal Remedies Act (CLRA), and other applicable California law.

Subject to the dispute resolution provisions below, 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 state or federal courts of competent jurisdiction in the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of Via 313's services (collectively, "Dispute") informally by contacting us first at [email protected]. We will make good-faith efforts to resolve the Dispute within thirty (30) calendar days of receipt of your notice. This informal dispute resolution is a prerequisite to initiating any formal legal action.

10.2 Binding Arbitration

If a Dispute cannot be resolved informally within the thirty (30) day period, you and Via 313 agree that any Dispute (except as set forth below) shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are incorporated herein by reference. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding on both parties.

You and Via 313 agree that any arbitration shall be conducted on an individual basis only and not as a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class proceeding.

10.3 Exceptions to Arbitration

Notwithstanding the above, either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of such court. Either party may also seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.

10.4 Waiver of Jury Trial

BY AGREEING TO THESE TERMS, YOU AND VIA 313 EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10.5 Time Limitation

Any claim or cause of action arising out of or related to these Terms or your use of the Site and services must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred, notwithstanding any statute of limitations to the contrary.

11. Term and Termination

11.1 Duration

These Terms shall remain in full force and effect for as long as you access or use the Site or any services provided by Via 313.

11.2 Termination by You

You may terminate your relationship with Via 313 at any time by discontinuing your use of the Site and services and, if applicable, deleting your account. Termination of your account does not relieve you of any obligations incurred prior to termination, including outstanding payment obligations.

11.3 Termination by Via 313

Via 313 reserves the right, at its sole discretion and without prior notice, to:

• Suspend or terminate your account and access to the Site and services for any reason, including your violation of these Terms;
• Refuse service to any person or entity for any lawful reason;
• Temporarily or permanently remove any content or functionality from the Site;
• Discontinue the Site or any services offered thereon, in whole or in part.

11.4 Effect of Termination

Upon termination of these Terms for any reason, all licenses and rights granted to you under these Terms shall immediately cease. Provisions that by their nature should survive termination shall survive, including without limitation Sections 4 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Law), 10 (Dispute Resolution), and 14 (Severability).

12. Changes to Terms

Via 313 reserves the right to modify, update, or revise these Terms of Service at any time in its sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and may provide additional notice through the Site, email, or other communication channels as we deem appropriate.

It is your responsibility to review these Terms periodically for any changes. Your continued access to or use of the Site or any services following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must immediately cease using the Site and services.

We encourage you to bookmark this page and review it regularly. No oral statements or representations by any Via 313 employee or representative shall constitute a modification of these Terms unless documented in a written amendment signed by an authorized representative of Via 313.

13. Additional Provisions

13.1 Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services (including but not limited to delivery platforms, social media platforms, and payment processors) that are not owned or controlled by Via 313. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services. We encourage you to review the terms and privacy policies of any third-party services you engage with through or in connection with our Site.

13.2 Accessibility

Via 313 is committed to making its Site and services accessible to individuals with disabilities in compliance with the Americans with Disabilities Act (ADA) and applicable accessibility standards. If you experience accessibility barriers on our Site, please contact us at [email protected] so we may assist you.

13.3 Food Safety and Regulatory Compliance

Via 313 operates in compliance with applicable federal, state, and local food safety regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and applicable state health departments. Our food handling, preparation, and service practices are designed to meet or exceed applicable health codes and safety standards.

13.4 Electronic Communications

By using the Site and providing your email address or phone number, you consent to receive electronic communications from Via 313, including order confirmations, receipts, promotional offers, and other operational messages. You acknowledge that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.

13.5 Force Majeure

Via 313 shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, governmental restrictions, labor disputes, supply chain disruptions, or failures of third-party service providers.

13.6 Entire Agreement

These Terms of Service, together with the Privacy Policy and any other legal notices or agreements published by Via 313 on the Site, constitute the entire agreement between you and Via 313 with respect to your use of the Site and services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

13.7 No Waiver

Via 313's failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce such provision in the future. No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of Via 313.

13.8 Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Via 313. Via 313 may freely assign or transfer its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets, or by operation of law, without notice to or consent from you.

14. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or void under applicable federal, state, or local law, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity or unenforceability of any such provision shall not affect the validity or enforceability of any other provision of these Terms, and all remaining provisions shall continue in full force and effect.

The parties agree that any court or arbitrator shall endeavor to give effect to the parties' intentions as reflected in the original provision, and that the remaining provisions of these Terms shall be valid and binding as if the invalid or unenforceable provision had never been included.

15. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, wish to report a violation, or need to contact us for any other reason related to your use of our Site and services, please reach out to us using the information below:

We will make reasonable efforts to respond to all inquiries in a timely manner. For urgent matters related to food safety or order issues, please contact us as soon as possible via email at [email protected].