Terms of Service

Please read these Terms of Service carefully before accessing or using the website located at 313viapizza.click or any services provided by Via 313. By accessing our website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Via 313 ("Company," "we," "us," or "our"), governing your access to and use of the website 313viapizza.click ("Website") and all related services, content, features, and functionality offered by Via 313 (collectively, the "Services").

By using this Website or our Services in any manner, including but not limited to browsing the Website, creating an account, placing an order, subscribing to communications, or interacting with any content on this Website, you affirm that:

• You are at least 18 years of age, or if you are between the ages of 13 and 17, you have obtained verifiable parental or guardian consent;
• You have the legal capacity to enter into a binding contract;
• You are not barred from receiving services under applicable United States law or any other jurisdiction's law; and
• You have read, understood, and agree to be bound by these Terms.

If you are accessing or using the Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case the terms "you" and "your" shall refer to such entity.

Via 313 reserves the right to update, modify, or replace these Terms at any time. Continued use of the Website or Services following the posting of any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically.

2. Description of Services

Via 313 is a food service business operating in the United States. Our Services include, but are not limited to, the following:

• Online Ordering: Customers may browse our menu and place food and beverage orders through our Website for pickup, delivery, or dine-in services, depending on availability.
• Menu Information: We provide detailed descriptions, pricing, and ingredient information about our food offerings via the Website.
• Promotions and Offers: We may offer discount codes, loyalty programs, limited-time promotions, and special deals to eligible customers.
• Account Management: Users may create accounts to manage their orders, track delivery status, save preferences, and access order history.
• Customer Support: We provide customer support via email at [email protected] to address questions, concerns, and complaints.
• Catering and Group Orders: We may offer catering services for events and group orders, subject to separate terms and conditions communicated at the time of booking.

The availability of specific products, menu items, and services may vary based on your location, time of day, and current inventory. Via 313 reserves the right to modify, suspend, or discontinue any aspect of its Services at any time, with or without notice, and without liability to you or any third party.

Our Services are intended solely for personal, non-commercial use unless otherwise expressly agreed in writing. Any use of the Services for commercial purposes, resale, or distribution without our explicit written consent is strictly prohibited.

3. User Accounts and Registration

Certain features of our Website may require you to create an account. When registering for an account, you agree to:

• Provide accurate, current, and complete information as requested during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the confidentiality of your account credentials, including your password;
• Accept responsibility for all activities that occur under your account;
• Notify Via 313 immediately of any unauthorized use of your account or any other breach of security at [email protected].

Via 313 reserves the right to terminate, suspend, or restrict access to any account at our sole discretion if we suspect fraudulent activity, a violation of these Terms, or any conduct that may harm Via 313 or other users.

4. User Obligations and Prohibited Activities

As a condition of your use of our Website and Services, you agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to those of the United States. You further agree not to engage in any of the following prohibited activities:

4.1 General Prohibited Conduct

• Using the Website or Services for any unlawful purpose or in violation of any local, state, national, or international law or regulation;
• Submitting false, misleading, or fraudulent information, including fraudulent orders or payment information;
• Impersonating any person or entity, including Via 313 employees, representatives, or other users;
• Harassing, threatening, intimidating, or engaging in any abusive behavior toward Via 313 staff, representatives, or other users;
• Circumventing any security measure or access control on the Website;
• Using any automated system, bot, scraper, or similar tool to access the Website without prior written authorization from Via 313.

4.2 Technology and Data Prohibited Conduct

• Attempting to gain unauthorized access to any portion of the Website, its servers, or any systems connected to the Website;
• Uploading, transmitting, or distributing viruses, malware, ransomware, or any other harmful code;
• Interfering with or disrupting the integrity or performance of the Website or the data contained therein;
• Collecting, harvesting, or compiling data from the Website without express written permission;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the Website.

4.3 Content Prohibited Conduct

• Posting, submitting, or sharing any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable;
• Infringing upon the intellectual property rights of Via 313 or any third party;
• Misusing the review or feedback system by submitting false reviews or manipulating ratings;
• Using the Website or Services in any manner that could damage, disable, overburden, or impair the functionality of the Website.

Violation of any of these prohibited activities may result in immediate termination of your access to our Services, and may also subject you to civil or criminal liability under applicable law.

5. Intellectual Property Rights

All content, materials, features, and functionality available on the Website, including but not limited to text, graphics, logos, photographs, images, videos, audio clips, menus, layout, design, software, code, and data compilations (collectively, "Content"), are the exclusive property of Via 313 or its licensors and are protected by United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, trade dress protections, and other applicable laws.

The Via 313 name, logo, brand identity, and all related marks are trademarks or service marks of Via 313. You may not use these marks in any manner without the prior written consent of Via 313.

5.1 Limited License

Subject to your compliance with these Terms, Via 313 grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use and for the purpose of placing orders and using our Services as intended. This license does not include the right to:

• Modify, reproduce, distribute, publicly display, or create derivative works from any Content;
• Use any data mining, robots, or similar data gathering tools on the Website;
• Download or copy any Content for purposes other than personal use;
• Use the Content for commercial purposes without the prior written consent of Via 313.

5.2 User-Submitted Content

If you submit any reviews, comments, photos, feedback, or other content to Via 313 through the Website or any associated platform, you grant Via 313 a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. You represent and warrant that you own or otherwise control all rights in the content you submit and that such content does not violate any third-party rights or applicable law.

6. Payment Terms and Ordering

By placing an order through our Website, you agree to pay all applicable charges associated with your order, including the price of the food and beverages, applicable taxes, delivery fees (if any), and any service fees. All prices are displayed in United States Dollars (USD).

6.1 Pricing and Availability

Via 313 reserves the right to change prices at any time without prior notice. Prices displayed on the Website are subject to change and may differ from in-store pricing. We make every effort to ensure accuracy but do not guarantee that all pricing, product descriptions, or availability information on the Website is error-free. In the event of a pricing error, we reserve the right to cancel the order and issue a full refund.

6.2 Payment Methods

We accept various payment methods as indicated on our Website at the time of checkout. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is accurate and complete;
• You authorize Via 313 to charge your payment method for the total amount of your order.

6.3 Refunds and Cancellations

All sales are subject to our refund and cancellation policy. Orders may be canceled within a limited window after placement, as specified at checkout. Once an order has been prepared, cancellations may not be accepted. Refunds, if applicable, will be processed in accordance with our Refund Policy, which is incorporated herein by reference. Refunds will be issued to the original payment method used at the time of purchase. For questions regarding refunds, please contact us at [email protected].

6.4 Taxes

You are responsible for all applicable federal, state, and local sales taxes, use taxes, and other taxes associated with your purchase. Applicable taxes will be calculated and displayed at checkout.

7. Disclaimers — Services Provided "As-Is"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIA 313 PROVIDES THE WEBSITE AND SERVICES ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Via 313 does not warrant or represent that:

• The Website will be uninterrupted, timely, secure, or error-free;
• The results obtained from use of the Website or Services will be accurate or reliable;
• The quality of any products, services, information, or other material obtained through the Website will meet your expectations;
• Any errors in the Website or Services will be corrected;
• The Website or its servers are free of viruses or other harmful components.

7.1 Food Allergy and Dietary Disclaimer

Via 313 makes reasonable efforts to provide accurate ingredient and allergen information for our menu items. However, we cannot guarantee that our food is free from any specific allergen, as our kitchen handles common allergens including but not limited to gluten, dairy, nuts, eggs, soy, shellfish, and others. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly at [email protected] before placing an order. By ordering from Via 313, you acknowledge and assume all risk associated with food allergy reactions.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT (15 U.S.C. § 41 ET SEQ.) AND OTHER APPLICABLE CONSUMER PROTECTION STATUTES, VIA 313 AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE OR SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE;
• ANY CONTENT OBTAINED FROM THE WEBSITE;
• UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL VIA 313'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO VIA 313 IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Via 313, and its owners, officers, directors, employees, agents, affiliates, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Website or Services in a manner not authorized by these Terms;
• Your violation of any applicable law, rule, or regulation;
• Your infringement of any intellectual property or other rights of any person or entity;
• Any content you submit, post, transmit, or otherwise make available through the Website;
• Your negligence, willful misconduct, or fraud;
• Any claim by a third party arising from your actions or omissions in connection with the Services.

Via 313 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without the prior written consent of Via 313.

10. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Via 313. Via 313 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to review the terms and privacy policies of any third-party websites you visit.

Via 313 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 content, goods, or services available on or through any third-party websites or services.

11. Privacy Policy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms of Service. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy. Where applicable, including for users in California, we comply with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), as well as all other applicable United States federal and state privacy laws.

12. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or the use of our Services shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Via 313 is registered and primarily operates, without regard to its conflict of law principles.

Any legal action or proceeding arising under or related to these Terms that is not subject to arbitration (as described below) shall be brought exclusively in the federal or state courts of competent jurisdiction located in the state in which Via 313 is registered, and you hereby irrevocably consent to personal jurisdiction and venue in such courts. By using our Website and Services, you waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Via 313 operates in compliance with applicable federal laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which prohibits unfair or deceptive acts or practices in commerce, and all other applicable federal and state consumer protection laws.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Via 313 and attempt to resolve the dispute informally. You must send a written description of the dispute to Via 313 at [email protected], providing sufficient detail about the nature of the dispute and the relief you are seeking. Via 313 will make good-faith efforts to resolve the dispute within thirty (30) calendar days of receiving your notice.

13.2 Binding Arbitration

If informal resolution fails, you and Via 313 agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services, will be resolved by binding arbitration rather than in court, except as provided below. You acknowledge and agree that you and Via 313 are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

The arbitration shall be conducted by a recognized arbitration body in accordance with its applicable rules. The arbitration shall take place in the United States, in the jurisdiction where Via 313 is principally located. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

13.3 Class Action Waiver

ANY ARBITRATION OR LEGAL PROCEEDINGS UNDER THESE TERMS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. NEITHER YOU NOR VIA 313 MAY ASSERT CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, confidential information, or other proprietary rights.

14. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you access or use our Website or Services. Via 313 may, at its sole discretion and without prior notice, suspend or terminate your access to all or part of the Website and Services for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Conduct that Via 313 reasonably believes is harmful to other users, third parties, or Via 313's business interests;
• Requests by law enforcement or government authorities;
• Discontinuation or material modification of the Website or Services;
• Unexpected technical or security issues or problems.

Upon termination:

• Your right to access and use the Website and Services will immediately cease;
• Via 313 may delete your account and all associated data in accordance with our Privacy Policy;
• Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitation of liability, indemnification, and dispute resolution provisions.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations to pay outstanding amounts owed to Via 313.

15. Changes to Terms

Via 313 reserves the right, at its sole discretion, to modify, update, or replace any part of these Terms of Service at any time. Any changes will be effective immediately upon posting the revised Terms to the Website, unless otherwise noted. We will update the "Last Updated" date at the top of this page to reflect the date of any revisions.

We may, but are not required to, provide notice of material changes through additional means, such as email notification to registered users or a prominent notice on the Website. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website or 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 stop using the Website and Services and, if applicable, close your account by contacting us at [email protected].

16. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law by a court or arbitrator of competent jurisdiction, 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. The invalidity, illegality, or unenforceability of any such provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect.

The failure of Via 313 to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Via 313 on the Website, constitute the entire agreement between you and Via 313 with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between you and Via 313 with respect to such subject matter.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties to this agreement.

18. Force Majeure

Via 313 shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond Via 313's reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, government actions or restrictions, power outages, internet service disruptions, labor disputes, civil unrest, terrorism, war, or supply chain disruptions. In such events, Via 313 will make commercially reasonable efforts to resume normal operations as soon as practicable.

19. Electronic Communications

By using the Website and Services, you consent to receiving electronic communications from Via 313, including via email at the address you provide. These communications may include notices about your account, order confirmations, receipts, updates about the Services, promotional materials, and other information. You agree that any notices, agreements, disclosures, or other communications that Via 313 sends to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law.

20. Accessibility

Via 313 is committed to making our Website accessible to all users, including individuals with disabilities, in compliance with applicable federal and state accessibility laws, including the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience any difficulty accessing our Website or Services due to a disability, please contact us at [email protected] so that we may assist you and continue improving our accessibility.

21. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to report a violation, please contact Via 313 using the information below:

We strive to respond to all inquiries within a reasonable timeframe. For urgent matters related to order issues or food safety concerns, please contact us directly by email at [email protected].