Terms of Service

1. Introduction and Acceptance

Welcome to Lou Malnati's ("we," "us," "our," "Company"). These Terms of Service ("Terms") govern your use of our website located at lou-malnatis.rest, our mobile applications, and all related food delivery and restaurant services (collectively, the "Services").

By accessing, browsing, or using our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services or use any services.

1.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age or have parental consent
• Have the legal capacity to enter into a binding contract
• Reside in a location where our Services are available
• Provide accurate and complete information when creating an account
• Comply with all applicable local, state, and federal laws

1.2 Account Responsibility

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

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

2. Definitions

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

• "We," "Us," "Our," or "Company" refers to Lou Malnati's, its subsidiaries, affiliates, and authorized representatives.
• "You," "User," or "Customer" refers to any individual or entity accessing or using our Services.
• "Services" includes our website, mobile applications, food delivery services, catering services, online ordering platform, and all related features and functionalities.
• "Content" refers to all text, graphics, images, music, software, audio, video, information, and other materials available through the Services.
• "Website" refers to our website located at lou-malnatis.rest and any associated subdomains.
• "Food Products" refers to all menu items, beverages, and food-related products offered through our Services.
• "Order" refers to any request for Food Products submitted through our Services.

3. Use of Services

3.1 Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for personal, non-commercial purposes. You may:

• Browse our menu and restaurant information
• Place orders for Food Products for personal consumption
• Create and maintain a user account
• Access customer support services
• Use our mobile applications as intended
• Share your genuine reviews and feedback

3.2 Prohibited Use

You agree not to engage in any of the following prohibited activities:

• Using the Services for any illegal or unauthorized purpose
• Violating any applicable laws or regulations
• Infringing upon the rights of others
• Transmitting any harmful, offensive, or objectionable content
• Attempting to gain unauthorized access to our systems
• Distributing viruses, malware, or other malicious code
• Scraping, mining, or harvesting data from our Services
• Creating fake accounts or impersonating others
• Interfering with the proper functioning of our Services
• Using automated systems to access our Services without permission
• Reverse engineering or attempting to extract source code
• Posting false reviews or manipulating ratings
• Using the Services for commercial resale without authorization

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized account use

4.2 Account Security

You are solely responsible for maintaining the security of your account credentials. We recommend using a strong, unique password and enabling two-factor authentication when available. We are not liable for any losses resulting from unauthorized account access due to your failure to maintain security.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, suspicious activity, or for any other reason at our sole discretion. You may also delete your account at any time by contacting customer support.

5. Products and Services

5.1 Food Safety and Quality Standards

Lou Malnati's is committed to maintaining the highest food safety and quality standards. All our Food Products are prepared in accordance with local health department regulations and food safety guidelines. However, we cannot guarantee that our food preparation areas are completely free from allergens.

5.2 Allergen Information Disclaimer

5.3 Product Descriptions and Pricing

We strive to provide accurate descriptions and pricing for all Food Products. However:

• Product descriptions are for informational purposes and may not be comprehensive
• Prices are subject to change without notice
• We reserve the right to correct pricing errors
• Availability of menu items may vary by location and time
• Seasonal items may have limited availability

5.4 Order Acceptance and Cancellation

All orders are subject to acceptance. We reserve the right to:

• Refuse or cancel any order at our discretion
• Limit order quantities
• Discontinue any Food Product without notice
• Cancel orders for products that become unavailable

You may cancel your order within 5 minutes of placement if preparation has not begun. After this time, cancellations may not be possible and are subject to our discretion.

5.5 Delivery Terms and Timing

For delivery orders:

• Delivery is available within our designated delivery zones
• Minimum order requirements may apply
• Estimated delivery times are approximate and not guaranteed
• Delivery fees and driver gratuities may apply
• We are not responsible for delays due to weather or traffic conditions
• Temperature-sensitive items will be delivered with appropriate packaging
• You must be available to receive delivery at the specified address

5.6 Payment Terms

Payment is due at the time of order placement. We accept major credit cards, debit cards, and other approved payment methods. You authorize us to charge your payment method for all orders placed through your account.

6. Intellectual Property

6.1 Our Ownership

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, recipes, and software, are owned by Lou Malnati's and protected by copyright, trademark, and other intellectual property laws. Our trademarks, including "Lou Malnati's" and our logo, may not be used without our prior written permission.

6.2 Limited License

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

• Copy, modify, or distribute our content
• Use our trademarks or logos
• Create derivative works
• Commercially exploit our content

6.3 Copyright Infringement

If you believe that content on our Services infringes your copyright, please contact us with detailed information including the copyrighted work, the allegedly infringing content, and your contact information.

7. User Content

7.1 Your Responsibility

You are solely responsible for any content you submit, post, or transmit through our Services, including reviews, comments, and feedback. You warrant that your content:

• Is accurate and truthful
• Does not violate any laws or rights
• Is not harmful, offensive, or inappropriate
• Does not contain confidential information

7.2 License Grant

By submitting content to our Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, publish, and distribute your content for business purposes, including marketing and promotional activities.

7.3 Content Removal

We reserve the right to remove or modify any user content that violates these Terms or is otherwise objectionable, without notice or liability to you.

8. Disclaimers

8.1 Service Availability

Our Services are provided "as is" and "as available." We do not warrant that the Services will be uninterrupted, error-free, or completely secure. We may experience downtime for maintenance, updates, or technical issues.

8.2 No Warranties

We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties about the accuracy, reliability, or completeness of our content.

8.3 Third-Party Content

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

9. Limitation of Liability

To the fullest extent permitted by law, Lou Malnati's shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or information
• Food allergic reactions or dietary issues
• Delivery delays or failures
• Service interruptions

Our total liability to you for all claims arising from or relating to the Services shall not exceed the amount you paid us in the twelve months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Lou Malnati's, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any law or rights of others
• Your user content
• Your negligent or wrongful conduct

11. Third-Party Links and Services

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Lou Malnati's. We are not responsible for and do not endorse the content, privacy policies, or practices of third parties. Your interactions with third parties are solely between you and such third parties.

12. Termination

12.1 Termination by Company

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

• Violation of these Terms
• Fraudulent or suspicious activity
• Failure to pay amounts due
• Abusive behavior toward staff or other users

12.2 Effect of Termination

Upon termination, your right to use the Services will cease immediately. Sections relating to intellectual property, disclaimers, limitation of liability, and indemnification will survive termination.

13. Governing Law and Disputes

13.1 Applicable Law

These Terms are governed by the laws of the United States and the state where our principal place of business is located, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in class action lawsuits or class-wide arbitrations.

13.3 Jurisdiction

Any legal action or proceeding relating to these Terms shall be brought exclusively in the courts having jurisdiction over our principal place of business.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting updated Terms on our website
• Sending email notifications to registered users
• Displaying prominent notices on our Services

Changes will be effective immediately upon posting unless otherwise specified. Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

15. General Provisions

15.1 Entire Agreement

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

15.2 Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.4 Assignment

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

15.5 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 pandemic-related restrictions.

16. Contact Information

If you have questions about these Terms or our Services, please contact us:

We strive to respond to all inquiries within 48 hours during business days. For urgent matters, please call us directly.

Business Hours: Monday through Friday, 9:00 AM to 6:00 PM (local time)