Terms of Service

1. Introduction and Acceptance

Welcome to Lou Malnati's ("we," "us," "our," or the "Company"). These Terms of Service ("Terms") govern your use of our website located at lou-malnatis.click (the "Website") and all related services, features, content, and applications offered by Lou Malnati's (collectively, the "Services").

By accessing, browsing, or using our Website or Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use our Website or Services.

1.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age or have reached the age of majority in your jurisdiction
• Have the legal capacity to enter into binding agreements
• Not be prohibited from using our Services under applicable laws
• Provide accurate and complete information when creating an account or placing orders

1.2 Account Responsibility

If you create an account with us, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring all information provided is accurate and up-to-date

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date and notify you through our Website, email, or other reasonable 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:

• "Company," "we," "us," or "our" refers to Lou Malnati's and its affiliates, subsidiaries, directors, officers, employees, and agents.
• "You," "your," or "User" refers to any individual or entity accessing or using our Services.
• "Services" includes our website, mobile applications, food ordering system, delivery services, catering services, and any other services provided by Lou Malnati's.
• "Content" refers to all text, images, videos, audio, software, and other materials available through our Services.
• "Website" refers to lou-malnatis.click and all associated domains and subdomains.
• "Account" refers to the user profile created to access certain features of our Services.
• "Order" refers to a request for food items or services placed through our Website or other ordering channels.
• "Products" refers to food items, beverages, merchandise, and other items offered for sale by Lou Malnati's.

3. Use of Services

3.1 Permitted Use

You may use our Services for the following purposes:

• Personal, non-commercial use in accordance with these Terms
• Browsing our menu and restaurant information
• Placing orders for food and beverages
• Making reservations and booking catering services
• Participating in promotions and loyalty programs
• Accessing customer support and services

3.2 Prohibited Use

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

• Any illegal activities or purposes that violate applicable laws or regulations
• Transmitting or distributing harmful, offensive, or inappropriate content
• Attempting to gain unauthorized access to our systems or accounts
• Violating intellectual property rights of Lou Malnati's or third parties
• Sending spam, unsolicited communications, or promotional materials
• Providing false or misleading information
• Interfering with or disrupting our Services or servers
• Using automated systems, bots, or scraping tools without permission
• Impersonating others or creating fake accounts
• Reselling or redistributing our Services without authorization

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
• Choose a secure password and keep it confidential
• Verify your email address and contact information
• Agree to receive communications related to your account and orders

4.2 Account Security

You are solely responsible for maintaining the security of your account, including:

• Keeping your password confidential and secure
• Monitoring all activities under your account
• Immediately notifying us of any suspected unauthorized access
• Logging out of your account when finished using our Services

4.3 Account Limitations

Each person may maintain only one active account. Creating multiple accounts to circumvent restrictions or abuse our Services is prohibited and may result in termination of all associated accounts.

4.4 Account Termination Rights

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms or our policies
• Suspicious or fraudulent activity
• Failure to pay outstanding balances
• Inactivity for extended periods
• Any other reason at our sole discretion

5. Products and Services

5.1 Product Descriptions and Accuracy

We strive to provide accurate descriptions, images, and pricing for all products. However:

• Product descriptions and images are for informational purposes only
• Actual products may vary slightly from descriptions or images
• We do not warrant that product descriptions are error-free or complete
• Colors and appearance may vary due to monitor settings and lighting

5.2 Pricing and Availability

All prices are subject to change without notice. We reserve the right to:

• Modify prices at any time before order confirmation
• Discontinue products or services without notice
• Limit quantities available for purchase
• Refuse orders that appear to be placed by dealers or resellers

5.3 Order Process

When you place an order through our Services:

• Your order constitutes an offer to purchase the selected items
• We may accept or decline your order at our discretion
• Order confirmation does not guarantee acceptance
• We will notify you of order acceptance or rejection

5.4 Payment Terms

Payment is required at the time of order placement unless otherwise agreed. We accept various payment methods, and you agree to:

• Provide accurate payment information
• Authorize charges for your orders
• Pay all applicable taxes and fees
• Be responsible for any payment processing fees

5.5 Delivery and Shipping

For delivery orders:

• Delivery times are estimates and not guaranteed
• Delivery is subject to availability in your area
• Additional fees may apply for delivery services
• Someone 18 or older must be available to receive the order

5.6 Returns and Refunds

Our return and refund policies are detailed in our separate Refund Policy, which is incorporated by reference into these Terms. Please review our Refund Policy for complete information.

6. Food Service Specific Terms

6.1 Food Safety and Hygiene Standards

Lou Malnati's is committed to maintaining the highest food safety standards:

• All food preparation follows FDA and local health department guidelines
• Our facilities are regularly inspected and certified
• Staff receives ongoing food safety training
• We maintain proper temperature controls throughout preparation and delivery

6.2 Allergen Information and Disclaimer

6.3 Delivery Terms and Timing

For food delivery services:

• Estimated delivery times are approximate and may vary based on distance, weather, and demand
• Delivery is available within our designated service areas only
• Minimum order requirements may apply for delivery
• Delivery fees are clearly stated before order confirmation
• We are not responsible for delays caused by factors beyond our control

6.4 Order Cancellation and Modification Policy

Once an order is placed:

• Cancellations may be requested within 10 minutes of order placement
• Orders that have begun preparation cannot be cancelled
• Modifications to orders may not be possible once preparation has started
• Contact us immediately at +1 855-228-6325 for any changes

6.5 Delivery Zone Restrictions

Delivery service is limited to specific geographic areas:

• Service areas are determined by distance from our locations
• Areas may be temporarily unavailable due to weather or other conditions
• We reserve the right to modify delivery zones at any time
• Check our website for current delivery area information

6.6 Food Quality Guarantee

We stand behind the quality of our food:

• All food is prepared fresh using quality ingredients
• If you are unsatisfied with your order, please contact us within 24 hours
• We will work to resolve any quality issues to your satisfaction
• Remedies may include replacement items or refunds as appropriate

6.7 Temperature-Sensitive Item Handling

For items requiring temperature control:

• Hot foods are maintained at safe serving temperatures during delivery
• Cold items are kept chilled using appropriate packaging
• Delivery personnel are trained in proper food handling procedures
• Please consume temperature-sensitive items promptly upon delivery

7. Intellectual Property

7.1 Our Ownership

Lou Malnati's owns all intellectual property rights in our Services, including:

• Trademarks, service marks, and trade names
• Website content, design, and functionality
• Recipes, menu items, and preparation methods
• Marketing materials and promotional content
• Software, applications, and technical systems
• Images, photographs, and visual content

7.2 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, subject to these Terms.

7.3 Restrictions on Use

You may not:

• Copy, modify, or distribute our content without permission
• Use our trademarks or branding in any manner
• Reverse engineer or attempt to extract source code
• Create derivative works based on our content
• Use our intellectual property for commercial purposes

7.4 Copyright Infringement Reporting

If you believe that content on our Services infringes your copyright, please contact us at [email protected] with:

• Description of the copyrighted work claimed to be infringed
• Location of the allegedly infringing material
• Your contact information
• Statement of good faith belief that use is not authorized
• Statement of accuracy and authorization to act

8. User Content

8.1 Your Responsibility

You are solely responsible for any content you submit, post, or transmit through our Services, including:

• Reviews, comments, and feedback
• Images, photos, and videos
• Profile information and communications
• Any other user-generated content

8.2 License Grant

By submitting content to our Services, you grant Lou Malnati's a worldwide, royalty-free, perpetual, and transferable license to use, display, modify, and distribute your content in connection with our business operations.

8.3 Prohibited Content

You may not submit content that is:

• Illegal, harmful, or violates others' rights
• Offensive, discriminatory, or harassing
• False, misleading, or deceptive
• Spam or promotional material
• Contains viruses or malicious code
• Violates intellectual property rights

8.4 Content Monitoring and Removal

We reserve the right to:

• Monitor and review user content
• Remove content that violates these Terms
• Suspend or terminate accounts for policy violations
• Cooperate with law enforcement when necessary

8.5 No Endorsement

User content does not represent the views or opinions of Lou Malnati's. We do not endorse or guarantee the accuracy of user-submitted content.

9. Disclaimers

9.1 "As Is" Service Provision

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, reliability, or completeness of content
• Uninterrupted or error-free service

9.2 Service Availability

We do not warrant that our Services will be:

• Available at all times without interruption
• Free from technical difficulties or errors
• Compatible with all devices or systems
• Secure from unauthorized access or data breaches

9.3 Third-Party Content

We are not responsible for third-party content, links, or services accessed through our platform. Third-party content is provided for convenience only and does not constitute endorsement.

9.4 Professional Advice Disclaimer

Information provided through our Services is for general purposes only and should not be considered professional advice. Consult qualified professionals for specific dietary, health, or legal questions.

10. Limitation of Liability

10.1 Maximum Liability Limits

To the fullest extent permitted by law, Lou Malnati's total liability for any claims arising from these Terms or your use of our Services shall not exceed the amount paid by you for the specific service or product giving rise to the claim.

10.2 Excluded Damages

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

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or downtime
• Personal injury or property damage (except as required by law)
• Emotional distress or reputational harm

10.3 Essential Purpose

These limitations apply even if Lou Malnati's has been advised of the possibility of such damages and even if any limited remedy specified in these Terms is found to have failed its essential purpose.

10.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you. In such cases, our liability is limited to the maximum extent permitted by applicable law.

11. Indemnification

11.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Lou Malnati's, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from:

• Your use or misuse of our Services
• Violation of these Terms or applicable laws
• Infringement of third-party rights
• Content you submit or transmit through our Services
• Your negligent or wrongful conduct

11.2 Defense and Settlement Rights

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

11.3 Survival of Indemnification

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

12. Third-Party Links and Services

12.1 Third-Party Responsibility

Our Services may contain links to third-party websites, services, or applications. We are not responsible for:

• Content, privacy practices, or terms of third-party services
• Availability or performance of third-party services
• Transactions conducted with third parties
• Damages arising from third-party interactions

12.2 Third-Party Terms Apply

Your interactions with third parties are governed by their respective terms and conditions, not these Terms. Please review third-party terms before engaging with their services.

12.3 No Endorsement

Links to third-party services do not constitute endorsement or recommendation by Lou Malnati's. We encourage you to review the terms and privacy policies of any third-party services you access.

13. Termination

13.1 Termination by Company

We may terminate or suspend your access to our Services immediately, without prior notice, for any reason, including:

• Breach of these Terms or our policies
• Fraudulent or suspicious activity
• Violation of applicable laws
• Harm to our reputation or business interests
• At our sole discretion with or without cause

13.2 Termination by User

You may terminate your account and stop using our Services at any time by:

• Contacting us at [email protected]
• Following account closure procedures on our Website
• Simply ceasing to use our Services

13.3 Effect of Termination

Upon termination:

• Your right to access our Services immediately ends
• We may delete your account and associated data
• Outstanding obligations remain in effect
• Accrued rights and obligations survive termination

13.4 Survival of Provisions

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

14. Governing Law and Disputes

14.1 Applicable Law

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

14.2 Dispute Resolution Process

Before filing any formal legal proceedings, you agree to first contact us to attempt to resolve any disputes informally by emailing [email protected] with a detailed description of the dispute.

14.3 Jurisdiction and Venue

Any legal actions or proceedings arising from these Terms shall be brought exclusively in the federal or state courts located in Washington, DC, and you consent to the personal jurisdiction of such courts.

14.4 Time Limitation

Any claim or cause of action arising from these Terms or your use of our Services must be filed within one (1) year after the claim or cause of action arises, or it will be forever barred.

15. Changes to Terms

15.1 Right to Modify

We reserve the right to modify, update, or replace these Terms at any time for reasons including:

• Changes in applicable laws or regulations
• New features or services
• Business operational changes
• Improved clarity or legal compliance

15.2 Notification of Changes

When we make material changes to these Terms, we will notify you by:

• Posting the updated Terms on our Website
• Updating the "Last Updated" date
• Sending email notification to registered users
• Displaying prominent notices on our Website

15.3 Acceptance of Changes

Your continued use of our Services after we post any modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using our Services.

15.4 Review Responsibility

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

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and any other policies referenced herein, constitute the entire agreement between you and Lou Malnati's regarding your use of our Services.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms or to exercise any right shall not constitute a waiver of such provision or right.

16.4 Assignment

You may not assign or transfer these Terms or your obligations hereunder without our written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, or other unforeseeable events.

16.6 Headings

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

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

Response Times

We strive to respond to all inquiries within:

• Email inquiries: 24-48 hours
• Phone calls: During business hours
• Legal matters: 5-7 business days
• Urgent matters: Same day when possible