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REWARDS
The more you eat, the more you earn.
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TERMS OF USE


LAST UPDATED: NOVEMBER 16, 2020

These Terms of Service (“Terms”) apply to your access to and use of the
websites, applications and other online products and services (collectively, our
“Services”) provided by MOD Super Fast Pizza, LLC or its affiliates
(collectively, “MOD,” “our,” “us” or “we”). By accessing or using our Services,
you agree to these Terms, INCLUDING SECTION 18 BELOW, WHICH AFFECTS YOUR LEGAL
RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. If you do not agree to these Terms,
including the mandatory arbitration provision and class action waiver in Section
18, do not access or use our Services.

We may make changes to these Terms from time to time. Depending on the nature of
the change, we will provide notice of such changes, such as by sending an email
notification, providing notice through our Services, or posting the amended
Terms to our Services and update the “Last Updated” date above. Unless we say
otherwise in our notice, the amended Terms will be effective immediately and
your continued access to and use of our Services after we provide notice will
confirm your acceptance of the changes. If you do not agree to the amended
Terms, you must stop accessing and using our Services.

 1.  Eligibility. You must be at least 13 years of age to access or use our
     Services. In addition, if you are between the ages of 13 and 18 (or between
     13 and the age of legal majority under applicable law), you may only access
     or use our Services under the supervision of a parent or legal guardian who
     agrees to be bound by these Terms. If you are a parent or legal guardian of
     a user under the age of 18 (or the age of legal majority), you agree to be
     fully responsible for the acts or omissions of such user in connection with
     our Services. If you are accessing or using our Services on behalf of
     another person or entity, you represent that you are authorized to accept
     these Terms on that person or entity’s behalf and that the person or entity
     agrees to be responsible to us if you or the other person or entity
     violates these Terms.

     

 2.  User Accounts and Account Security. You may need to register for an account
     to access some or all of our Services. If you register for an account, you
     must provide accurate account information and promptly update this
     information if it changes. You also must maintain the security of your
     account and promptly notify us if you discover or suspect that someone has
     accessed your account without your permission. If you permit others to use
     your account credentials, you are responsible for the activities of such
     users that occur in connection with your account. Without notice to you,
     MOD reserves the right to suspend or terminate your account if MOD
     determines in its sole discretion that you have violated these Terms, and
     MOD may, in its sole discretion, suspend, cancel or combine accounts that
     appear to be duplicative. We will use the  information you provide in
     accordance with our Privacy Policy.

     

 3.  Electronic Communications. By creating a MOD account, you also consent to
     receive electronic communications from MOD (e.g., via email or by posting
     notices on our Services). These communications may include notices about
     your account (g., password changes and other transactional information) and
     are part of your relationship with us. You agree that any notices,
     agreements, disclosures or other communications that we send to you
     electronically will satisfy any legal communication requirements,
     including, but not limited to, that such communications be in writing. You
     may elect to stop receiving electronic notices from us by notifying us at
     the address below.

     

 4.  Terms of Sale

     

      a. Payment and Billing. By providing a credit card, you represent and
         warrant that you are authorized to use such credit card and that you
         authorize us (or our third-party payment processor) to charge your
         payment method for the total amount of your purchase (including any
         applicable taxes and other charges) (collectively, as applicable, an
         “order”). If the payment method cannot be verified, is invalid or is
         otherwise not acceptable, your order may be suspended or cancelled. You
         must resolve any problem we encounter in order to proceed with your
         order. In the event you want to change or update payment information
         associated with your MOD account, you can do so at any time by logging
         into your account.
     
         
     
      b. Pricing and Availability. All prices are shown in U.S. dollars and do
         not include applicable Taxes (as defined below) and other charges,
         unless we clearly state in writing that a price includes applicable
         Taxes. All products and services offered for sale are subject to
         availability and we reserve the right to impose quantity limits on any
         order, reject all or any part of an order and discontinue our Services
         without prior notice. Prices for products and services are subject to
         change at any time, but changes will not affect any order you have
         already placed.
     
         
     
      c. Order Cancellations; Refunds. Due to the typical short timeframe
         between order placement and fulfillment, it is difficult to make
         changes once your order has been placed. Once you click ‘Place Order,’
         your order begins processing and cannot be changed or cancelled except
         by promptly calling the MOD pickup location designated in your order at
         least one hour prior to the designated pick up time. You are
         responsible for payment for all orders placed by you and not timely
         cancelled, regardless of whether you actually pick up the order. Once
         an order has been fulfilled, the order will be deemed completed and we
         will no longer be able to cancel the order or offer a refund. We
         reserve the right to cancel an order at our discretion in the event we
         are unable to fulfill an order (for example, in the event of a power
         outage at a particular store location), in which event we will notify
         you of the order cancellation. If you cancel an order in a timely
         manner, or if your order is cancelled by us, your payment type (e.g.,
         credit card) will either not be charged or, if already submitted for
         payment processing, a refund will be issued to the original payment
         type via our payment processor (refunds may take several business days
         to appear in your account).
     
         
     
      d. Taxes. You are responsible for any sales, use, value-added or other
         governmental taxes, fees or duties (“Taxes“) due with respect to your
         purchase and use of goods or services. We will collect applicable Taxes
         if we determine we have a duty to collect Taxes. We will present an
         estimate of Taxes to be collected at checkout, except where we have
         clearly stated in writing that a price includes Taxes. The actual Taxes
         charged and collected may differ from the amount shown at checkout. You
         acknowledge that the amount billed may vary due to promotional offers
         or changes in applicable taxes or other charges, and you authorize us
         (or our third-party payment processor) to charge your payment method
         for the corresponding amount.
     
         
     
      e. Errors. We attempt to be as accurate as possible and to eliminate
         errors on our Services; however, we do not represent or warrant that
         the descriptions, pricing, or other information is accurate, complete,
         reliable, current or error-free. In the event of an error, we reserve
         the right to correct such error and revise your order accordingly
         (which includes charging the correct price) or to cancel the order and
         refund any amount charged.

     

 5.  Privacy. Please refer to our Privacy Policy for information about how we
     collect, use and disclose information about you.

     

 6.  User Content. Our Services may allow you and other users to create, post,
     submit, store and share content, including messages, text, photos, videos,
     and other materials (collectively, “User Content“). Except for the license
     you grant below, you retain all rights in and to your User Content, as
     between you and MOD.
     
     You grant MOD and its affiliates and authorized operators a perpetual,
     irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and
     sub-licensable license to use, reproduce, modify, adapt, publish,
     translate, create derivative works from, distribute, publicly perform and
     display your User Content and any name, username or likeness provided in
     connection with your User Content in all media formats and channels now
     known or later developed without compensation to you. When you submit or
     otherwise share User Content on or through our Services, you understand
     that your User Content and any associated information (such as your
     username or profile photo) may become available to the public.
     
     You may not create, post, store or share any User Content that violates
     these Terms or for which you do not have all the rights necessary to grant
     us the license described above, including likeness rights for any third
     parties who appear in any photographic or video User Content. Although we
     have no obligation to screen, edit or monitor User Content, we may delete
     or remove User Content at any time and for any reason.
     
     
     

 7.  Prohibited Conduct and Content. You agree that you will not violate any
     law, contract, intellectual property or other third party right or commit a
     tort, and that you are solely responsible for your conduct, while accessing
     or using our Services. You agree that you will abide by these Terms and
     will not:
     
       
     
     * Use the Services in any manner that could interfere with, disrupt,
       negatively affect or inhibit other users from fully enjoying the Services
       or that could damage, disable, overburden or impair the functioning of
       the Services in any manner, including, but not limited to, using the
       Services such as the free in-store wi-fi access for high-volume data
       transfers, heavy streaming of video or downloading large files;
     
       
     
     * Reverse engineer any aspect of the Services or do anything that might
       discover source code or bypass or circumvent measures employed to prevent
       or limit access to any content, area or code of the Services;
     
       
     
     * Attempt to circumvent any content-filtering techniques we employ or
       attempt to access any feature or area of the Services that you are not
       authorized to access;
     
       
     
     * Develop any third-party applications that interact with the Services
       without our prior written consent;
     
       
     
     * Use any robot, spider, crawler, scraper, script, browser extension,
       offline reader or other automated means or interface not authorized by us
       to access the Services, extract data or otherwise interfere with or
       modify the rendering of our Services’ web pages or functionality;
     
       
     
     * Bypass or ignore instructions contained in our robots.txt files,
       accessible at modpizza.com/robots.txt and orders.modpizza.com/robots.txt,
       that controls automated access to portions of our Services;
     
       
     
     * Use our Services in any manner that could create an impression of
       affiliation, sponsorship, or endorsement by MOD;
     
       
     
     * Use our Services for any illegal or unauthorized purpose, or engage in,
       encourage or promote any activity that violates these Terms; or
     
       
     
     * Use or attempt to use another user’s account without authorization from
       that user and MOD.
     
       
     
     You may also only post or otherwise share User Content that is
     non-confidential and you have all necessary rights to disclose. You may not
     create, post, store or share any User Content that:
     
     
     * Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
       suggestive, harassing, threatening, invasive of privacy or publicity
       rights, abusive, inflammatory or fraudulent;
     
       
     
     * Would constitute, encourage or provide instructions for a criminal
       offense, violate the rights of any party or otherwise create liability or
       violate any local, state, national or international law;
     
       
     
     * May infringe any patent, trademark, trade secret, copyright or other
       intellectual or proprietary right of any party;
     
       
     
     * Contains or depicts any statements, remarks or claims that do not reflect
       your honest views and experiences;
     
       
     
     * Impersonates, or misrepresents your affiliation with, any person or
       entity;
     
       
     
     * Contains any unsolicited promotions, political campaigning, advertising
       or solicitations;
     
       
     
     * Contains any private or personal information of a third party without
       such third party’s consent;
     
       
     
     * Contains any viruses, corrupted data or other harmful, disruptive or
       destructive files or content; or
     
       
     
     * Is, in our sole judgment, objectionable or that restricts or inhibits any
       other person from using or enjoying our Services, or that may expose MOD
       or others to any harm or liability of any type.
     
       
     
     In addition, although we have no obligation to screen, edit or monitor User
     Content, we may delete or remove User Content at any time and for any
     reason.
     

 8.  Limited License; Copyright and Trademark. Our Services and the text,
     graphics, images, photographs, videos, illustrations, trademarks, trade
     names, service marks, logos, slogans and other content contained therein
     (collectively, the “MOD Content”) are owned by or licensed to MOD and are
     protected under both United States and foreign laws. Except as explicitly
     stated in these Terms, MOD and our licensors reserve all rights in and to
     our Services and the MOD Content.
     
     You are hereby granted a limited, nonexclusive, nontransferable,
     non-sublicensable, revocable license to access and use our Services for
     your own personal use; however, such license is subject to these Terms and
     does not include any right to (a) sell, resell or commercially use our
     Services or MOD Content, except as expressly permitted by us; (b) copy,
     reproduce, distribute, publicly perform or publicly display MOD Content,
     except as expressly permitted by us or our licensors; (c) modify the MOD
     Content, remove any proprietary rights notices or markings, or otherwise
     make any derivative uses of our Services or MOD Content; (d) use any data
     mining, robots or similar data gathering or extraction methods; (e) use any
     meta tags or any other “hidden text” utilizing our name or the trademarks
     without our express prior written consent; and (f) use our Services or MOD
     Content other than for their intended purposes. Any use of our Services or
     MOD Content other than as specifically authorized herein, without our prior
     written permission, is strictly prohibited and will terminate the license
     granted herein.
     
     
     

 9.  Hyperlinks. You may create a text hyperlink to our Services for
     noncommercial purposes, provided such link does not portray MOD or any of
     its products and services in a false, misleading, derogatory or otherwise
     defamatory manner and provided further that the linking site does not
     contain any adult or illegal material or any material that is offensive,
     harassing or otherwise objectionable. This limited permission may be
     revoked at any time. You will not use the MOD logo or other proprietary
     graphic of MOD to link to our Services without the express written
     permission of MOD. Further, you will not use, frame or utilize framing
     techniques to enclose any MOD trademark, logo or other proprietary
     information, including the images found on the Services, the content of any
     text or the layout/design of any page or form contained on a page on our
     Services without our express written consent. Except as noted above, you
     are not conveyed any right or license by implication, estoppel or otherwise
     in or under any patent, trademark, copyright or proprietary right of MOD or
     any third party.
     
     We may establish hyperlinks between our Services and one or more websites
     operated by third parties. MOD makes no claim or representation regarding,
     and accepts no responsibility for, the quality, content, nature or
     reliability of third-party websites accessible by hyperlink from our
     Services, or websites linking to our Services.  Such sites are not under
     the control of MOD and MOD is not responsible for the contents of any
     linked site or any link contained in a linked site, or any review, changes
     or updates to such sites. MOD provides these links to you only as a
     convenience, and the inclusion of any link does not imply affiliation,
     endorsement or adoption by us of any site or any information contained
     therein. When you leave our Services, you should be aware that our terms
     and policies no longer govern. You should review the applicable terms and
     policies, including privacy and data gathering practices, of any site to
     which you navigate from our Services.
     
     
     

 10. Third-Party Content. MOD may provide third party content on our Services
     and may provide links to web pages and content of third parties
     (collectively, the “Third-Party Content”) as a service to those interested
     in this information. MOD does not monitor or have any control over any
     Third-Party Content or third party Web sites. MOD does not endorse or adopt
     any Third-Party Content and can make no guarantee as to its accuracy or
     completeness.  MOD does not represent or warrant the accuracy of any
     information contained therein and undertakes no responsibility to update or
     review any Third-Party Content.  Users use such Third-Party Content
     contained therein at their own risk.

     

 11. Feedback. Any questions, comments, suggestions, ideas, original or creative
     materials or other information you submit about MOD or our products or
     Services (collectively, “Feedback”), is non-confidential and will become
     the sole property of MOD. We will own exclusive rights, including, without
     limitation, all intellectual property rights, in and to Feedback and will
     be entitled to the unrestricted use and dissemination of Feedback for any
     purpose, commercial or otherwise, without acknowledgment or compensation to
     you.

     

 12. SMS/Text Messages
     * You may have the ability to receive text messages to your mobile device
       from us via short message service technology (SMS). By providing your
       phone number to us, in addition to the particular purpose for which you
       provide your number at that time, you (i) consent to receive SMS messages
       from us via use of an autodialer, if and when one is used to transmit
       such messages, and (ii) understand that your consent is not a condition
       of any purchase. While MOD does not charge for SMS messages, your
       wireless carrier might and its standard messaging rates apply to your
       sending and receiving SMS messages, including our order/entry
       confirmation and subsequent SMS correspondence. Similarly, MOD does not
       charge for any content. However, downloadable content may incur
       additional charges from your cell phone provider. Please refer to your
       wireless subscriber agreement or contact your wireless carrier for
       information about your messaging plan. Your carrier may impose message or
       charge limitations on your account that are outside our control. All
       charges are billed by and payable to your wireless carrier.
     
       
     
     * By providing your mobile telephone number, you represent that you are the
       owner or authorized user of that number and the wireless device to which
       it is associated, and that you are authorized to approve the applicable
       charges.
     
       
     
     * We will not be liable for any delays or failures in your receipt of any
       SMS messages as delivery is subject to effective transmission from and
       through your and other network operators and processing by your mobile
       device. SMS message services are provided on an “AS IS” and “AS
       AVAILABLE” basis.
     
       
     
     * Your receiving/sending SMS messages from/to us may result in our
       collecting certain information about you and your mobile device,
       including your cell phone number, your carrier’s name, and the date, time
       and content of your messages and other information that you may provide.
       We may use this information to respond to the purpose for which you
       provided your telephone number and for other lawful and permitted
       purposes as described in our Privacy Policy. Your wireless carrier and
       other service providers may also collect data about your mobile device
       and SMS usage, and their practices are governed by their own terms and
       policies. We will only use information you provide to perform or respond
       to the particular purpose for which you provided your telephone number
       and other purposes as described in this document.
     
     

 13. Copyright Complaints. We have a policy of limiting access to our Services
     and terminating the accounts of users who infringe the intellectual
     property rights of others. If you believe that anything on our Services
     infringes any copyright that you own or control, you may notify MOD’s
     Designated Agent as follows:
     
     
     
     Designated Agent: Legal Department Address: MOD Super Fast Pizza, LLC PO
     Box 6939 Bellevue, WA 98008 Telephone Number: 888-770-6637 Fax Number:
     425-945-8103 E-Mail Address: legalsupport@modpizza.com
     
     
     
     Please see 17 U.S.C. §512(c)(3) for the requirements of a proper
     notification. Also, please note that if you knowingly misrepresent that any
     activity or material on our Services is infringing, you may be liable to
     MOD for certain costs and damages.
     
     

 14. Indemnification. To the fullest extent permitted by applicable law, you
     will indemnify, defend, and hold harmless MOD and our officers, directors,
     employees, agents, partners, affiliates, subsidiaries, and authorized
     operators (individually and collectively, the “MOD Parties”) from and
     against any loss, liability, claim, demand, damages, expenses or costs
     (“Claims“) arising out of or related to (a) your access to or use of our
     Services; (b) your Feedback; (c) your violation of these Terms; (d) your
     violation, misappropriation or infringement of any rights of another
     (including intellectual property rights or privacy rights); and (e) your
     conduct in connection with our Services. You agree to promptly notify MOD
     Parties of any third-party Claims, cooperate with MOD Parties in defending
     such Claims and pay all fees, costs and expenses associated with defending
     such Claims (including, but not limited to, attorneys’ fees). You also
     agree that the MOD Parties will have control of the defense or settlement
     of any third-party Claims. This indemnity is in addition to, and not in
     lieu of, any other indemnities set forth in a written agreement between you
     and MOD or the other MOD Parties.

     

 15. Disclaimers. We do not control, endorse or take responsibility for any User
     Content or Third-Party Content available on or linked to by our Services.
     
     Your use of our Services is at your sole risk. Our Services are provided
     “as is” and “as available” without warranties of any kind, either express
     or implied, including, but not limited to, implied warranties of
     merchantability, fitness for a particular purpose, title, and
     non-infringement. In addition, MOD does not represent or warrant that our
     Services are accurate, complete, reliable, current or error-free. While MOD
     attempts to make your access to and use of our Services safe, we cannot and
     do not represent or warrant that our Services or servers are free of
     viruses or other harmful components. You assume the entire risk as to the
     quality and performance of the Services.
     
     Furthermore, with regard to MOD apps that may be made available to you from
     time to time, you acknowledge and agree that (A) such apps may contain
     bugs, errors, and defects; (B) the download, installation and use of the
     apps is at your sole risk, and (C) the entire risk as to your satisfaction,
     quality, performance, accuracy remains with you and not MOD.  Downloading,
     installing and using an app may incur costs from your wireless carrier or
     WiFi provider and you are solely responsible for such connections and
     costs.  MOD does not represent or warrant that the apps will be delivered
     free of any interruptions, delays, or errors (collectively, “Faults”) or in
     a secure manner and that any Faults will be corrected by MOD.  In the event
     that an app is defective or causes you or the mobile device on which an app
     downloaded any harm, you assume the entire cost of all necessary serving,
     repair and correction.  You also acknowledge and agree that your use of the
     apps is subject to the terms of use related to the operating system
     platform from which you downloaded and operate the apps, including, as
     applicable, the Apple iTunes terms at 
     http://www.apple.com/legal/itunes/us/terms.html#service rules terms and its
     End User License Agreement and the Android terms.
     
     
     

 16. Limitation of Liability. MOD and the other MOD Parties will not be liable
     to you under any theory of liability—whether based in contract, tort,
     negligence, warranty, or otherwise—for any indirect, consequential,
     incidental or special damages or lost profits, even if MOD or the other MOD
     Parties have been advised of the possibility of such damages.
     
     The total liability of MOD and the other MOD Parties, for any claim arising
     out of or relating to these Terms or our Services, regardless of the form
     of the action, is limited to the amount paid, if any, by you to access or
     use our Services or $25.
     
     The limitations set forth in this section will not limit or exclude
     liability for the gross negligence, fraud or intentional misconduct of MOD
     or the other MOD Parties or for any other matters in which liability cannot
     be excluded or limited under applicable law.
     
     
     

 17. Release. To the fullest extent permitted by applicable law, you agree to
     release and hold MOD and the other MOD Parties harmless from
     responsibility, liability, claims, demands, and/or damages (actual and
     consequential) of every kind and nature, known and unknown (including, but
     not limited to, claims of negligence), arising out of or related to
     disputes between users and the acts or omissions of third parties. You
     expressly waive any rights you may have under California Civil Code § 1542
     as well as any other statute or common law principles that would otherwise
     limit the coverage of this release to include only those claims which you
     may know or suspect to exist in your favor at the time of agreeing to this
     release.

     

 18. DISPUTE RESOLUTION; BINDING ARBITRATION. PLEASE READ THE FOLLOWING SECTION
     CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS
     WITH MOD AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
     
     Except for small claims disputes in which you or MOD seek to bring an
     individual action in small claims court located in the county of your
     billing address or disputes in which you or MOD seeks injunctive or other
     equitable relief for the alleged unlawful use of intellectual property, you
     and MOD waive your rights to a jury trial and to have any dispute arising
     out of or related to these Terms or our Services resolved in court.
     Instead, all disputes arising out of or relating to these Terms or our
     Services will be resolved through confidential binding arbitration held in
     King County, Washington or by telephonic conference in accordance with the
     Streamlined Arbitration Rules and Procedures (“Rules“) of the Judicial
     Arbitration and Mediation Services (“JAMS“), which are available on the
     JAMS website and hereby incorporated by reference. You either acknowledge
     and agree that you have read and understand the rules of JAMS or waive your
     opportunity to read the rules of JAMS and any claim that the rules of JAMS
     are unfair or should not apply for any reason.
     
     You and MOD agree that any dispute arising out of or related to these Terms
     or our Services is personal to you and MOD and that any dispute will be
     resolved solely through individual arbitration and will not be brought as a
     class arbitration, class action or any other type of representative
     proceeding.
     
     You and MOD agree that these Terms affect interstate commerce and that the
     enforceability of this Section 17 will be substantively and procedurally
     governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“),
     to the maximum extent permitted by applicable law. As limited by the FAA,
     these Terms and the JAMS Rules, the arbitrator will have exclusive
     authority to make all procedural and substantive decisions regarding any
     dispute and to grant any remedy that would otherwise be available in court;
     provided, however, that the arbitrator does not have the authority to
     conduct a class arbitration or a representative action, which is prohibited
     by these Terms. The arbitrator may only conduct an individual arbitration
     and may not consolidate more than one individual’s claims, preside over any
     type of class or representative proceeding or preside over any proceeding
     involving more than one individual. You and MOD agree that for any
     arbitration you initiate, you will pay the filing fee and MOD will pay the
     remaining JAMS fees and costs. For any arbitration initiated by MOD, MOD
     will pay all JAMS fees and costs. You and MOD agree that the state or
     federal courts of the State of Washington and the United States sitting in
     King County, Washington have exclusive jurisdiction over any appeals and
     the enforcement of an arbitration award.
     
     Any claim arising out of or related to these Terms or our Services must be
     filed within one year after such claim arose; otherwise, the claim is
     permanently barred, which means that you and MOD will not have the right to
     assert the claim. 
     
     You have the right to opt out of binding arbitration within thirty (30)
     days of the date you first accepted the terms of this Section 18 by
     providing written notice to:
     
     
     
     MOD Super Fast Pizza, LLC
     Attn: Legal Department
     PO Box 6939
     Bellevue, WA 98008
     
     In order to be effective, the opt out notice must include your full name
     and clearly indicate your intent to opt out of binding arbitration. By
     opting out of binding arbitration, you are agreeing to resolve Disputes in
     accordance with Section 19.

     

 19. Governing Law and Venue. These Terms and your access to and use of our
     Services will be governed by and construed and enforced in accordance with
     the laws of Washington, without regard to conflict of law rules or
     principles (whether of Washington or any other jurisdiction) that would
     cause the application of the laws of any other jurisdiction. Any dispute
     between the parties that is not subject to arbitration or cannot be heard
     in small claims court will be resolved in the state or federal courts of
     Washington and the United States, respectively, sitting in King County,
     Washington.

     

 20. Termination. We reserve the right, without notice and in our sole
     discretion, to terminate your right to access or use our Services. We are
     not responsible for any loss or harm related to your inability to access or
     use our Services.

     

 21. Severability. If any provision or part of a provision of these Terms is
     unlawful, void or unenforceable, that provision or part of the provision is
     deemed severable from these Terms and does not affect the validity and
     enforceability of any remaining provisions.

     

 22. Survival. The following sections will survive the expiration or termination
     of these Terms and the termination of your MOD account: all defined terms
     and Sections 1-7, 8 (1st paragraph), 9 (2nd paragraph), 10-23.

     

 23. Miscellaneous. These Terms constitute the entire agreement between you and
     MOD relating to your access to and use of our Services. The failure of MOD
     to exercise or enforce any right or provision of these Terms will not
     operate as a waiver of such right or provision. The section titles in these
     Terms are for convenience only and have no legal or contractual effect.
     Except as otherwise provided herein, these Terms are intended solely for
     the benefit of the parties and are not intended to confer third party
     beneficiary rights upon any other person or entity.

     

 24. Questions; California Civil Code Section 1789.3 Notice. If you have any
     questions about these Terms or our Services, please contact us at
     feedback@modpizza.com.

Under California Civil Code Section 1789.3, California website users are
entitled to the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.

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Under the various U.S. Privacy Laws, consumers have the right to opt-out of
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