Terms of Service

1. Introduction and Acceptance

Welcome to Lou Malnati's ("we," "our," "us," or "Company"). These Terms of Service ("Terms") govern your use of our website located at lou-malnatis.digital and our food delivery and catering services (collectively, the "Services"). By accessing, browsing, or using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

1.1 Eligibility Requirements

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. If you are using our Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms. By using our Services, you represent and warrant that you meet these eligibility requirements.

1.2 Account Responsibility

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

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will post the updated Terms on our website and update the "Last Updated" date. Your continued use of our Services after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

2. Definitions

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

• "We," "Us," "Our," or "Company" refers to Lou Malnati's, a food service business operating in the United States.
• "You," "Your," or "User" refers to any individual or entity accessing or using our Services.
• "Services" includes our website, online ordering system, food delivery, catering services, and any related services we provide.
• "Content" refers to all text, images, videos, audio, software, and other materials available through our Services.
• "Website" refers to our website located at lou-malnatis.digital and any associated subdomains.
• "Order" refers to any request for food products or catering services placed through our Services.
• "Products" refers to all food items, beverages, and related products we offer.

3. Use of Services

3.1 Permitted Use

You may use our Services for personal, non-commercial purposes in compliance with these Terms and all applicable laws. You agree to provide accurate, complete, and up-to-date information when placing orders or creating accounts. You are responsible for ensuring that your use of our Services does not violate any applicable laws or regulations.

3.2 Prohibited Use

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

• Engaging in illegal activities or encouraging illegal conduct
• Transmitting harmful, threatening, abusive, harassing, or defamatory content
• Attempting to gain unauthorized access to our systems, accounts, or networks
• Violating intellectual property rights of Lou Malnati's or third parties
• Sending spam, unsolicited communications, or commercial messages
• Providing false, misleading, or inaccurate information
• Interfering with or disrupting our Services or servers
• Using automated systems (bots, scrapers) without permission
• Circumventing security measures or access restrictions
• Impersonating Lou Malnati's or any other person or entity
• Using our Services to compete with our business

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, complete, and current information. You agree to update your account information promptly when it changes to ensure accuracy.

4.2 Account Security Responsibility

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to use a strong password and to keep your login information secure. You must not share your account with others or allow others to use your account.

4.3 Accurate Information

All information provided during account registration and order placement must be accurate and truthful. This includes your name, address, phone number, email address, and payment information. Providing false information may result in order cancellation and account termination.

4.4 One Account Per Person

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

4.5 Account Termination Rights

We reserve the right to suspend or terminate your account at any time for violations of these Terms, suspicious activity, or at our sole discretion. You may terminate your account at any time by contacting us. Upon termination, your access to our Services will cease immediately.

5. Products and Services

5.1 Product Descriptions and Accuracy

We strive to provide accurate descriptions, images, and pricing for all our food products. However, we do not warrant that product descriptions, images, or other content is completely accurate, complete, reliable, or error-free. Colors, textures, and presentations may vary from images shown on our website.

5.2 Pricing and Availability

All prices are listed in US Dollars and are subject to change without notice. Prices do not include applicable taxes, delivery fees, or gratuities unless specifically stated. Product availability may vary by location and time. We reserve the right to modify prices, discontinue products, or limit quantities without prior notice.

5.3 Order Acceptance and Cancellation

Your order constitutes an offer to purchase products from us. We reserve the right to accept or reject any order at our discretion. Order confirmation does not guarantee acceptance. We may cancel orders due to product unavailability, pricing errors, payment issues, or other circumstances beyond our control.

5.4 Delivery Terms and Timing

Delivery times are estimates and may vary based on location, weather, traffic, and order volume. We are not liable for delays in delivery. Delivery is available only within our designated service areas during operating hours. Minimum order requirements may apply for delivery services.

5.5 Delivery Zone Restrictions

Delivery services are limited to specific geographic areas. You are responsible for providing accurate delivery addresses within our service zone. Additional fees may apply for deliveries to certain locations or during peak hours.

5.6 Food Quality Guarantee

We are committed to providing high-quality food products. If you are not satisfied with your order due to quality issues, please contact us within 24 hours of delivery. We will work to resolve any legitimate quality concerns through replacement, credit, or refund as appropriate.

5.7 Temperature-Sensitive Item Handling

Some of our products require specific temperature maintenance during delivery. While we use appropriate packaging and delivery methods, we cannot guarantee that products will maintain optimal temperature during extended delivery times or due to customer unavailability at delivery.

5.8 Payment Terms

Payment is required at the time of order placement. We accept major credit cards, debit cards, and other payment methods as displayed on our website. You authorize us to charge your payment method for the full order amount, including applicable taxes and fees.

5.9 Returns and Refunds

Due to the perishable nature of food products, we generally do not accept returns. Refund policies are detailed in our separate Refund Policy, which is incorporated into these Terms by reference. Please review our Refund Policy for complete information about refunds and exchanges.

6. Intellectual Property

6.1 Our Ownership

All content on our website and in our Services, including but not limited to text, images, logos, trademarks, graphics, videos, audio, software, and design elements, is owned by Lou Malnati's or our licensors and is protected by copyright, trademark, and other intellectual property laws. The Lou Malnati's name, logo, and all related trademarks are our exclusive property.

6.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and Services for personal, non-commercial purposes in accordance with these Terms. This license does not permit you to download, copy, modify, distribute, or create derivative works from our content without explicit written permission.

6.3 User Content License

If you submit content to our Services (such as reviews, comments, or images), you grant us a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, display, modify, and distribute your content in connection with our business operations. You represent that you own all rights to any content you submit.

6.4 Copyright Infringement Reporting

We respect intellectual property rights and will respond to clear notices of alleged copyright infringement. If you believe your copyrighted work has been infringed on our website, please contact us with detailed information about the alleged infringement, including the location of the infringing material and your contact information.

7. User Content

7.1 Responsibility for Your Content

You are solely responsible for any content you submit, post, or transmit through our Services. This includes reviews, comments, images, and any other materials you provide. You represent that your content is accurate, lawful, and does not violate any third-party rights.

7.2 License Grant to Company

By submitting content to our Services, you grant Lou Malnati's a worldwide, non-exclusive, royalty-free license to use, copy, modify, adapt, publish, distribute, and display your content for business purposes, including marketing and promotional activities. This license survives termination of your account or these Terms.

7.3 Prohibited Content

You agree not to submit content that is:

• Illegal, harmful, threatening, abusive, or defamatory
• Violates privacy or publicity rights of others
• Infringes intellectual property rights
• Contains viruses or malicious code
• Is spam, commercial, or promotional in nature
• Is false, misleading, or fraudulent
• Contains personal information of others
• Is inappropriate or offensive

7.4 Right to Remove Content

We reserve the right to review, edit, or remove any user content at our sole discretion without notice. We may remove content that violates these Terms, is inappropriate, or for any other reason. We are not obligated to monitor user content but may do so.

7.5 No Endorsement of User Content

User content does not represent our views or opinions. We do not endorse, support, or guarantee the accuracy of user content. You should not rely on user content for making decisions about our products or services.

8. Disclaimers

8.1 'As Is' Service Provision

Our Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 No Warranty of Uninterrupted Service

We do not warrant that our Services will be uninterrupted, error-free, or free from viruses or other harmful components. Service interruptions may occur due to maintenance, technical issues, or circumstances beyond our control.

8.3 Third-Party Content Disclaimer

Our website may contain links to third-party websites or services. We do not control or endorse third-party content and are not responsible for the accuracy, legality, or appropriateness of third-party materials. Your interactions with third parties are solely between you and the third party.

8.4 Professional Advice Disclaimer

Information provided through our Services is for general informational purposes only and should not be considered professional advice. We do not provide medical, nutritional, or dietary advice. Consult with qualified professionals for specific guidance related to your health or dietary needs.

9. Limitation of Liability

9.1 Maximum Liability Limits

To the maximum extent permitted by law, our total liability to you for any claims arising from or related to these Terms or your use of our Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

9.2 Excluded Damages

In no event shall Lou Malnati's be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, whether based on contract, tort, negligence, strict liability, or other theory, even if we have been advised of the possibility of such damages.

9.3 Essential Purpose Failure

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. If any limitation or exclusion in this section is held to be invalid or unenforceable, the remainder of this section shall remain in full force and effect.

9.4 Jurisdictional Variations

Where prohibited by law, these limitations may not apply to you. You may have additional rights under local consumer protection laws that cannot be waived by agreement.

10. Indemnification

10.1 User Indemnification

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

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of third-party rights
• Any content you submit or transmit
• Any negligent or wrongful conduct by you

10.2 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. You may not settle any claim without our prior written consent.

10.3 Survival of Indemnification

Your indemnification obligations 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 website may contain links to third-party websites, services, or applications. These links are provided for convenience only, and we do not control, endorse, or assume responsibility for third-party content, products, services, or practices.

11.2 Third-Party Terms Apply

Your use of third-party services is governed by their respective terms of service and privacy policies. We encourage you to review the terms and policies of any third-party services you access through our website.

11.3 No Endorsement

The inclusion of links to third-party websites does not imply endorsement, sponsorship, or affiliation with those sites or their operators. We make no representations about third-party websites or their content.

12. Termination

12.1 Company Right to Terminate

We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to violation of these Terms, suspected fraudulent activity, or behavior that we deem harmful to our business or other users.

12.2 User Right to Terminate

You may terminate your use of our Services at any time by discontinuing use of our website and contacting us to close your account. Termination does not relieve you of obligations incurred prior to termination.

12.3 Effect of Termination

Upon termination, your right to use our Services will cease immediately. We may delete your account and any associated data. Pending orders may be canceled, and refunds will be processed according to our refund policy.

12.4 Survival of Provisions

Sections relating to intellectual property, indemnification, limitation of liability, and dispute resolution will survive termination of these Terms.

13. Governing Law and Disputes

13.1 Applicable Law

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of Minnesota and the United States, without regard to conflict of law principles.

13.2 Dispute Resolution Process

Before filing any formal legal action, you agree to first attempt to resolve disputes through direct communication with us. Please contact our customer service team with details of your concern, and we will work in good faith to resolve the issue.

13.3 Jurisdiction and Venue

Any legal action arising from these Terms must be filed in the state or federal courts located in Minnesota, United States. You consent to the personal jurisdiction of these courts and waive any objection to venue in these courts.

13.4 Class Action Waiver

You agree that any dispute with us must be brought in your individual capacity and not as part of any class action, collective action, or representative proceeding. You waive your right to participate in class actions against us.

14. Changes to Terms

14.1 Right to Modify

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Changes may be necessary due to legal requirements, business changes, or to improve our Services.

14.2 Notification of Changes

When we make material changes to these Terms, we will notify you by posting the updated Terms on our website and updating the "Last Updated" date. For significant changes, we may also send notice via email or through our Services.

14.3 Continued Use Equals Acceptance

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

14.4 Review Responsibility

It is your responsibility to review these Terms periodically for changes. We recommend checking this page regularly to stay informed about our current terms and policies.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements referenced herein, constitute the entire agreement between you and Lou Malnati's regarding your use of our Services and supersede all prior or contemporaneous agreements.

15.2 Severability

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

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. A waiver is effective only if made in writing and signed by an authorized representative of Lou Malnati's.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may freely assign these Terms without notice or consent. These Terms bind and benefit the parties' successors and permitted assigns.

15.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

15.6 Headings

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

16. Contact Information