Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at davannispizza.top (the "Site") or any services provided by Davanni's ("Company," "we," "us," or "our"). By accessing or using our Site or services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Site at davannispizza.top, placing an order, or interacting with any of the services offered by Davanni's, you ("User," "you," or "your") expressly agree to comply with and be legally bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of the terms and conditions set forth in this Agreement, you are expressly prohibited from using the Site and must discontinue use immediately.

These Terms constitute a legally binding agreement between you and Davanni's. Your continued use of the Site following the posting of any changes to these Terms will be deemed your acceptance of those changes. We recommend that you review these Terms periodically to ensure you remain informed of any updates.

If you are using our Site on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and by accepting these Terms, you are doing so on behalf of that entity.

Users must be at least eighteen (18) years of age, or the age of majority in their jurisdiction, to use our services without parental consent. By using this Site, you represent and warrant that you meet this age requirement.

2. Description of Services

Davanni's operates as a food service business providing customers with the ability to browse menu offerings, place online orders for delivery or pickup, and engage with promotional content related to our restaurant operations. Our services include, but are not limited to, the following:

• Online food ordering for pickup and delivery within our designated service areas;
• Display and description of menu items, pricing, and nutritional information;
• Account registration and management for returning customers;
• Processing of payments for orders placed through the Site;
• Communication regarding order status, promotions, and updates;
• Customer support and feedback submission;
• Promotional offers, loyalty programs, and coupons (where available).

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, including the availability of any feature, menu item, or content, with or without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Availability of certain menu items, promotions, and delivery options may vary depending on your geographic location and the operating hours of the specific Davanni's location nearest to you. We make no guarantees regarding the continuous availability of any specific product or service offering.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Site, you agree to the following obligations:

• Provide accurate, current, and complete information when registering for an account or placing an order;
• Maintain the security and confidentiality of your account credentials, including your password;
• Promptly notify Davanni's of any unauthorized use of your account or any other breach of security;
• Comply with all applicable federal, state, and local laws and regulations while using the Site;
• Use the Site only for lawful purposes and in accordance with these Terms;
• Accept responsibility for all activities that occur under your account.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities in connection with your use of the Site or our services:

• Using the Site in any manner that could disable, overburden, damage, or impair the Site or its servers;
• Attempting to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means;
• Using any automated tools, bots, scrapers, or data mining software to access, collect, or copy content from the Site without our express written permission;
• Transmitting any unsolicited or unauthorized advertising, promotional materials, spam, or chain letters;
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity;
• Submitting false, inaccurate, or misleading information, including fraudulent order information;
• Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Site;
• Interfering with or disrupting the integrity or performance of the Site or the data contained therein;
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of any component of the Site;
• Using the Site to engage in any fraudulent activity, including but not limited to, credit card fraud or identity theft;
• Uploading or transmitting viruses, malware, or any other malicious code;
• Collecting or harvesting any personally identifiable information from the Site without authorization;
• Violating any applicable law or regulation, including export control laws and regulations.

Violation of any of these prohibitions may result in the immediate termination of your account, denial of access to the Site, and may expose you to civil and/or criminal liability under applicable law.

4. Intellectual Property Rights

4.1 Ownership

The Site and all of its original content, features, functionality, graphics, logos, images, text, data, software, and other materials (collectively, "Content") are owned by Davanni's or its licensors and are protected by United States and international copyright, trademark, trade secret, patent, and other intellectual property laws. All rights not expressly granted herein are reserved by Davanni's.

4.2 Limited License

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

• Reproduce, distribute, publicly display, or create derivative works from any Content on the Site;
• Use any data mining, robots, or similar data gathering or extraction methods;
• Download or copy account information for the benefit of another merchant;
• Use any Content for commercial purposes without our prior written consent.

4.3 Trademarks

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

4.4 User-Generated Content

If you submit any reviews, comments, feedback, suggestions, or other content to the Site ("User Content"), you grant Davanni's a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or control all rights to the User Content you submit, and that your User Content does not violate these Terms or any applicable law.

5. Online Ordering and Payment Terms

5.1 Order Placement

When you place an order through the Site, you are making an offer to purchase the selected items subject to these Terms. Davanni's reserves the right to accept or decline your order for any reason, including but not limited to product availability, errors in the description or pricing of products, or other reasons. You will receive an order confirmation via email once your order has been accepted.

5.2 Pricing

All prices listed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices may vary by location. We strive to ensure that all pricing information displayed on the Site is accurate; however, errors may occur. In the event a product is listed at an incorrect price, we reserve the right to refuse or cancel any orders placed at the incorrect price, whether or not the order has been confirmed or your credit card charged.

5.3 Payment Processing

We accept major credit cards, debit cards, and other payment methods as indicated on the Site at the time of checkout. 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 to that payment method. All transactions are processed through secure, encrypted payment processors.

5.4 Taxes

Applicable sales taxes will be added to your order total in accordance with state and local tax laws where your order is placed or delivered. You are responsible for all taxes applicable to your purchase.

5.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed. If you experience an issue with your order, such as missing items, incorrect items, or quality concerns, please contact us immediately at [email protected]. We will assess each situation on a case-by-case basis and may issue refunds or credits at our sole discretion. Refunds, where applicable, will be processed back to the original payment method within five (5) to ten (10) business days.

5.6 Promotions and Discounts

From time to time, we may offer promotional codes, discounts, or special offers. Such promotions are subject to specific terms and conditions and may be limited in time, quantity, or eligibility. We reserve the right to modify or cancel any promotion at any time. Promotional offers may not be combined unless expressly stated, and they have no cash value.

6. Disclaimer of Warranties

THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

DAVANNI'S DOES NOT WARRANT THAT:

• THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• THE RESULTS OBTAINED FROM USING THE SITE OR OUR SERVICES WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
• ANY ERRORS IN THE SITE WILL BE CORRECTED.

NUTRITIONAL INFORMATION, ALLERGEN INFORMATION, AND OTHER FOOD-RELATED DETAILS PROVIDED ON THE SITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. MENU ITEMS ARE PREPARED IN ENVIRONMENTS WHERE ALLERGENS MAY BE PRESENT. CUSTOMERS WITH FOOD ALLERGIES OR DIETARY RESTRICTIONS ARE RESPONSIBLE FOR MAKING APPROPRIATE INQUIRIES BEFORE PLACING AN ORDER. DAVANNI'S MAKES NO WARRANTY THAT FOOD ITEMS ARE FREE FROM ALLERGENS.

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

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVANNI'S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH:

• YOUR USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT;
• ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
• ANY ERRORS, INACCURACIES, OR OMISSIONS IN ANY CONTENT OR INFORMATION;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE.

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

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER DAVANNI'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states, including those that follow consumer protection statutes aligned with the Federal Trade Commission Act ("FTC Act"), do not allow the exclusion or limitation of liability for consequential or incidental damages. In such states, our liability shall be limited to the fullest extent permitted by law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Davanni's and its officers, directors, employees, agents, licensors, service providers, successors, and assigns from and against any 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;
• Your use of the Site or any services offered therein, including, but not limited to, any use that is not expressly authorized by these Terms;
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or contractual rights;
• Any User Content you submit, post, or transmit through the Site;
• Your violation of any applicable federal, state, or local law or regulation;
• Any fraudulent or misleading information you provide to Davanni's.

Davanni's reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claims. You agree not to settle any matter without the prior written consent of Davanni's. Davanni's will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or relating to them or your use of the Site 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 Davanni's principal business operations are located, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the federal or state courts located within the applicable jurisdiction in the United States where Davanni's is incorporated or principally operates. You consent to the personal jurisdiction of such courts and waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms and your use of the Site are also subject to applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which governs unfair or deceptive acts or practices in commerce. If you are a California resident, your use of this Site is additionally governed by the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) with respect to your personal information.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting Davanni's at [email protected]. We will make good-faith efforts to resolve the dispute within thirty (30) days of receiving your written notice. If the dispute cannot be resolved informally within that period, either party may proceed to formal dispute resolution as set forth below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in the English language.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND DAVANNI'S AGREE THAT EACH 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, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and Davanni's agree otherwise, 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.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing arbitration requirement, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction in order to maintain the status quo pending arbitration. Either party may also bring an individual action in small claims court where the claim qualifies under that court's jurisdictional requirements.

11. Term and Termination

11.1 Term

These Terms of Service shall remain in full force and effect for as long as you access or use the Site or any services provided by Davanni's. Certain provisions of these Terms, by their nature, shall survive any termination or expiration of this Agreement.

11.2 Termination by Davanni's

Davanni's reserves the right, in its sole discretion, to suspend or terminate your access to the Site and any related services, without prior notice and without liability, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Conduct that we believe is harmful to other users, third parties, or our business interests;
• Fraudulent, deceptive, or illegal activity;
• Requests by law enforcement or government agencies;
• Discontinuation or material modification of the Site or services.

11.3 Termination by You

You may terminate your use of the Site and any associated account at any time by ceasing to use the Site and, where applicable, by submitting a written request for account deletion to [email protected].

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 terminate. Sections of these Terms that, by their nature, should survive termination — including but not limited to sections on Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution — shall survive any termination of this Agreement.

12. Changes to These Terms

Davanni's reserves the right to modify, amend, or update these Terms of Service at any time, at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. If we make material changes, we may also provide additional notice, such as by sending an email notification to the address associated with your account or by displaying a prominent notice on our Site.

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

13. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Davanni's. These links are provided for your convenience only. Davanni's has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these third-party entities or their websites.

You acknowledge and agree that Davanni's shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

14. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information. By using the Site, you consent to the data practices described in our Privacy Policy. If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as described in our Privacy Policy.

15. Accessibility

Davanni's is committed to ensuring that our Site is accessible to individuals with disabilities. We strive to comply with applicable web accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1. If you encounter any accessibility barriers while using our Site, please contact us at [email protected] so that we may assist you and work to improve our accessibility features.

16. Force Majeure

Davanni's shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by circumstances beyond Davanni's reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor disputes, government actions, civil unrest, power failures, internet outages, or supply chain disruptions. In such events, Davanni's obligations will be suspended for the duration of the force majeure event, and we will make reasonable efforts to notify you of any significant impacts to our services.

17. Electronic Communications

By using this Site and providing your email address, you consent to receiving electronic communications from Davanni's, including but not limited to order confirmations, receipts, updates about our services, and promotional materials. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of receiving promotional emails by following the unsubscribe instructions included in those emails or by contacting us directly at [email protected]. Transactional and service-related communications are not subject to opt-out.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Davanni's on the Site, constitute the entire agreement between you and Davanni's with respect to the subject matter herein and supersede all prior and contemporaneous agreements, representations, and understandings between you and Davanni's, whether written or oral, relating to such subject matter.

19. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, 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 of these Terms shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

The failure of Davanni's to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver by Davanni's of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Davanni's to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Davanni's. Davanni's may assign its rights and obligations under these Terms at any time without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law. Any attempted assignment in violation of this provision shall be null and void.

21. Headings

The section headings used in these Terms are for convenience only and shall not be given any legal import. They shall not affect the interpretation of these Terms in any way.

22. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, your rights under applicable law, or any aspect of our services, please contact us using the information provided below. We will make reasonable efforts to respond to all inquiries in a timely manner.