Terms of Service

1. Introduction and Acceptance

Welcome to Blackjack pizza ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website, mobile applications, and food delivery and dining services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1.1 Agreement to Terms

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our Services.

1.2 Eligibility Requirements

You must be at least 13 years old to use our Services. If you are under 18, you may only use our Services with the consent and supervision of a parent or legal guardian. You must have the legal capacity to enter into binding agreements.

1.3 Account Responsibility

If you create an account, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

1.4 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or through other appropriate means. Your continued use of our Services after such modifications constitutes acceptance of the updated Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "We," "Us," "Our," or "Company" refers to Blackjack pizza, including our officers, directors, employees, agents, and affiliates.
• "You," "Your," or "User" refers to any individual or entity that accesses or uses our Services.
• "Services" includes our website, mobile applications, food delivery services, dining services, and any related services we provide.
• "Content" refers to all text, images, videos, audio, software, data, and other materials available through our Services.
• "Website" refers to blackjack-pizza.click and all associated subdomains and pages.
• "Food Items" refers to all pizzas, appetizers, beverages, and other food products offered through our Services.
• "Order" refers to any request for food items or services placed through our platform.

3. Use of Services

3.1 Permitted Use

You may use our Services for personal, non-commercial purposes in accordance with these Terms. Permitted uses include:

• Browsing our menu and restaurant information
• Placing orders for food delivery or pickup
• Making reservations for dining services
• Accessing customer support
• Participating in loyalty programs and promotions
• Providing reviews and feedback

3.2 Prohibited Use

You agree not to use our Services for any of the following prohibited activities:

• Illegal activities or violation of any applicable laws or regulations
• Harassment, abuse, or harmful behavior toward other users or our staff
• Unauthorized access attempts or security testing without permission
• Violation of intellectual property rights
• Sending spam, unsolicited communications, or commercial messages
• Providing false, misleading, or inaccurate information
• Interfering with or disrupting our Services or servers
• Creating multiple accounts or using automated systems to place orders
• Reselling or redistributing our food items without authorization
• Posting inappropriate content or reviews

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, you may need to create an account. When registering, you must provide accurate, current, and complete information. Required information may include your name, email address, phone number, and delivery address.

4.2 Account Security Responsibility

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must:

• Use a strong, unique password
• Not share your account credentials with others
• Notify us immediately of any unauthorized use
• Log out from shared or public computers

4.3 Accurate Information

You agree to keep your account information accurate and up-to-date. This is particularly important for delivery addresses, phone numbers, and payment information to ensure successful order fulfillment.

4.4 One Account Per Person

Each person may maintain only one account. Creating multiple accounts may result in suspension or termination of all associated accounts.

4.5 Account Termination Rights

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion. You may delete your account at any time by contacting customer service.

5. Products and Services

5.1 Food Safety and Quality Standards

We are committed to maintaining the highest food safety and hygiene standards in compliance with local health regulations. All food preparation follows established food safety protocols, including proper temperature control, sanitation procedures, and ingredient handling.

5.2 Allergen Information and Disclaimer

We provide allergen information for our menu items to the best of our ability. However, we cannot guarantee that any food item is completely free from allergens due to potential cross-contamination during preparation. Customers with food allergies should exercise caution and consult with our staff before ordering.

5.3 Product Descriptions and Accuracy

We strive to provide accurate descriptions, images, and pricing for all menu items. However, slight variations may occur due to seasonal ingredient availability, preparation methods, or other factors. We reserve the right to modify menu items, prices, and availability without notice.

5.4 Delivery Terms and Timing

Delivery services are subject to the following terms:

• Delivery times are estimates and may vary based on weather, traffic, and order volume
• Delivery is available within designated zones during specified hours
• Minimum order requirements may apply for delivery
• Delivery fees are calculated based on distance and order size
• Temperature-sensitive items are handled with appropriate insulation and care

5.5 Order Acceptance and Cancellation Policy

Order acceptance and cancellation are governed by the following policies:

• All orders are subject to acceptance by our restaurant
• We reserve the right to refuse or cancel orders at our discretion
• Order modifications may be possible within a limited time after placement
• Cancellations must be requested before food preparation begins
• Cancellation fees may apply in certain circumstances

5.6 Payment Terms

Payment is required at the time of order placement for delivery and pickup orders. We accept major credit cards, debit cards, and other approved payment methods. All prices are in USD and include applicable taxes unless otherwise specified.

5.7 Food Quality Guarantee

We guarantee the quality and freshness of our food items. If you are not satisfied with your order, please contact us within 24 hours of delivery or pickup for resolution. We may offer replacement, credit, or refund at our discretion.

5.8 Returns and Refunds

Due to the perishable nature of food items, returns are generally not accepted except in cases of quality issues or delivery errors. For detailed refund policies, please refer to our Refund Policy.

6. Intellectual Property

6.1 Our Ownership

All content on our Services, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and the compilation of all content (collectively, "Content"), is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes. This license does not permit you to:

• Reproduce, distribute, or display our Content without permission
• Create derivative works based on our Content
• Use our trademarks or logos without authorization
• Reverse engineer or decompile any software or applications

6.3 User Content License

By submitting content to our Services (such as reviews, photos, or comments), you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and display such content for business purposes, including marketing and promotional activities.

6.4 Copyright Infringement Reporting

If you believe that any content on our Services 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 submit, post, or transmit through our Services. You represent that you have all necessary rights to such content and that it does not violate any third-party rights or applicable laws.

7.2 License Grant to Company

By submitting content, you grant us the right to use, reproduce, modify, adapt, publish, and display such content in connection with our Services and business operations. This license survives termination of your account or these Terms.

7.3 Prohibited Content

You may not submit content that is:

• Illegal, harmful, or violates any laws
• Defamatory, abusive, or harassing
• Obscene, vulgar, or sexually explicit
• Infringing on intellectual property rights
• Spam or promotional in nature
• False or misleading
• Contains viruses or harmful code

7.4 Right to Remove Content

We reserve the right to remove, edit, or refuse to post any user content that violates these Terms or is otherwise objectionable, without prior notice or liability.

7.5 No Endorsement of User Content

We do not endorse, support, or guarantee the accuracy of user-generated content. Reviews and opinions expressed by users are their own and do not reflect our views or positions.

8. Disclaimers

8.1 "As Is" Service Provision

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, error-free, or completely secure.

8.2 No Warranty of Uninterrupted Service

We do not guarantee that our Services will be available at all times. Service interruptions may occur due to maintenance, technical issues, or circumstances beyond our control.

8.3 Third-Party Content Disclaimer

Our Services may contain links to third-party websites or services. We are not responsible for the content, accuracy, or reliability of such third-party resources and do not endorse or warrant any third-party content.

8.4 Professional Advice Disclaimer

Information provided through our Services is for general informational purposes only and should not be considered as professional nutritional, medical, or dietary advice. Consult with qualified professionals for specific dietary needs or health concerns.

9. Limitation of Liability

9.1 Maximum Liability Limits

To the fullest extent permitted by law, our total liability for any claims arising from or related to these Terms or our Services shall not exceed the amount paid by you to us in the twelve months preceding the claim, or $100, whichever is greater.

9.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Lost profits or revenue
• Loss of business or opportunity
• Loss of data or information
• Emotional distress
• Third-party claims

9.3 Essential Purpose Failure

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

9.4 Jurisdictional Variations

Where prohibited by law, some limitations in this section may not apply to you. These Terms give you specific legal rights, and you may also have other rights that vary by jurisdiction.

10. Indemnification

10.1 User Indemnification of Company

You agree to indemnify, defend, and hold harmless Blackjack pizza, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or conduct

10.2 Defense and Settlement Rights

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense of such claims.

10.3 Survival of Indemnification

This indemnification obligation will survive termination of these Terms and your use of our Services.

11. Third-Party Links and Services

11.1 No Responsibility for Third Parties

Our Services may contain links to third-party websites, applications, or services. We are not responsible for the content, privacy policies, or practices of any third-party services.

11.2 Third-Party Terms Apply

Your interactions with third-party services are governed by their respective terms and conditions. We encourage you to review such terms before engaging with third-party services.

11.3 No Endorsement

The inclusion of any third-party links does not constitute an endorsement or recommendation by us. We do not warrant the quality, accuracy, or reliability of third-party services.

12. Termination

12.1 Company Right to Terminate

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or illegal activity
• Abusive behavior toward staff or other users
• Non-payment of fees or charges
• Extended inactivity

12.2 User Right to Terminate

You may terminate your account at any time by contacting our customer service or using the account deletion feature in our application.

12.3 Effect of Termination

Upon termination:

• Your right to access our Services will cease immediately
• We may delete your account and associated data
• Outstanding orders may be canceled
• Unpaid balances become immediately due

12.4 Survival of Provisions

The following provisions will survive termination: intellectual property rights, user content licenses, disclaimers, limitation of liability, indemnification, and governing law provisions.

13. Governing Law and Disputes

13.1 Applicable Law

These Terms are governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to conflict of law principles.

13.2 Dispute Resolution Process

Before initiating legal proceedings, parties agree to attempt to resolve disputes through good faith negotiation. If negotiation fails, disputes may be resolved through mediation or arbitration as provided herein.

13.3 Arbitration Clause

Any dispute arising from these Terms or our Services that cannot be resolved through negotiation shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in Denver, Colorado.

13.4 Class Action Waiver

You agree to resolve disputes only on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration against us.

13.5 Jurisdiction and Venue

For any disputes not subject to arbitration, the state and federal courts located in Denver, Colorado shall have exclusive jurisdiction, and you consent to personal jurisdiction in such courts.

14. Changes to Terms

14.1 Right to Modify

We reserve the right to modify these Terms at any time, in our sole discretion. Modifications may be necessary due to legal requirements, business changes, or service improvements.

14.2 Notification of Changes

We will notify you of material changes through:

• Email notification to your registered email address
• In-app notifications
• Prominent notice on our website
• Updates to the "Last Modified" date at the top of these Terms

14.3 Continued Use Equals Acceptance

Your continued use of our Services after notification of changes constitutes acceptance of the modified Terms. If you do not agree with the changes, you must discontinue using our Services.

14.4 Review Responsibility

It is your responsibility to periodically review these Terms for updates. We recommend checking these Terms regularly to stay informed of any changes.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and us regarding the use of our Services.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely matches the intent of the original provision.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of such provision or any other provision. Any waiver must be in writing and signed by our authorized representative.

15.4 Assignment

We may assign these Terms or any of our rights and obligations hereunder without your consent. You may not assign these Terms or any of your rights or obligations without our prior written consent.

15.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, labor strikes, or technical failures.

15.6 Headings for Convenience

The headings in these Terms are for convenience only and do not affect the interpretation of any provision.

16. Contact Information