Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at acfp-eat.rest (the "Website") or any services offered by Anthony's Coal Fired Pizza ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you ("User," "Customer," "you") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue use of this Website and all associated services.

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you and Anthony's Coal Fired Pizza. By visiting, browsing, or using any portion of the Website at acfp-eat.rest, you expressly agree to comply with and be bound by these Terms, our Privacy Policy (incorporated herein by reference), and any additional guidelines, rules, or policies that may be posted on the Website from time to time.

You represent and warrant that you are at least eighteen (18) years of age, or if you are under eighteen (18) years of age, that you are using the Website under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms. You further represent that you have the legal capacity to enter into a binding agreement under applicable United States federal and state law.

If you are accessing or using our Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have authority to bind such entity to these Terms and that you agree to these Terms on behalf of that entity.

Your continued use of the Website following the posting of any changes to these Terms shall constitute your acceptance of such changes. We reserve the right, in our sole discretion, to amend, modify, update, or replace these Terms at any time, with or without prior notice, subject to applicable law.

2. Description of Services

Anthony's Coal Fired Pizza is a food service establishment specializing in coal-fired pizza, Italian-inspired cuisine, and related food and beverage offerings. Through our Website at acfp-eat.rest, we may offer, without limitation, the following services:

• Online Ordering: Customers may browse our menu and place orders for dine-in, carry-out, or delivery, subject to availability and applicable service area restrictions.
• Menu Information: We provide descriptions, photographs, pricing, and nutritional or allergen information relating to our food and beverage offerings. Such information is provided for informational purposes only and is subject to change without notice.
• Reservations: Customers may request table reservations through the Website, subject to availability. A reservation request does not constitute a guarantee of seating until confirmed by our staff.
• Catering and Special Events: Information regarding catering services, private dining, and special event bookings may be made available through the Website or by contacting us directly.
• Promotions and Loyalty Programs: We may offer discounts, promotional codes, loyalty rewards, or special offers through the Website. All promotions are subject to their own specific terms and conditions, which will be disclosed at the time of the offer.
• Gift Cards: Where available, digital or physical gift card purchases may be processed through the Website. Gift cards are subject to applicable terms disclosed at the time of purchase.
• Informational Content: We provide general information about our restaurants, including location details, hours of operation, contact information, and corporate news.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time and without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

3. User Obligations and Prohibited Activities

3.1 General Obligations

As a condition of using the Website and our services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or submitting any form on the Website;
• Maintain the confidentiality of your account credentials, if applicable, and accept responsibility for all activities conducted under your account;
• Notify us immediately at [email protected] if you suspect unauthorized use of your account or any other breach of security;
• Use the Website only for lawful purposes and in accordance with these Terms and all applicable federal, state, and local laws and regulations;
• Comply with all applicable United States food safety and consumer protection laws and regulations in connection with your use of our services.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website for any unlawful, fraudulent, deceptive, or malicious purpose;
• Impersonate any person or entity, including any employee or representative of Anthony's Coal Fired Pizza;
• Submit false, misleading, or inaccurate information in connection with any order, account, or communication;
• Attempt to gain unauthorized access to any portion of the Website, its servers, databases, or any system or network connected to the Website;
• Use any automated software, bot, scraper, spider, or other automated means to access, extract, or collect data from the Website without our prior written consent;
• Engage in any conduct that interferes with or disrupts the integrity, security, or performance of the Website or related systems;
• Transmit, upload, or distribute any virus, malware, Trojan horse, worm, or any other harmful or disruptive code or program through the Website;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its content for commercial purposes without our express prior written consent;
• Post, transmit, or share any content through the Website that is defamatory, obscene, offensive, harassing, threatening, or otherwise objectionable;
• Circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict the use or copying of any content;
• Use the Website to collect or harvest personal information about other users without their consent;
• Engage in any activity that violates the rights of any third party, including intellectual property rights, privacy rights, or publicity rights;
• Place fraudulent or fictitious orders with the intent to defraud Anthony's Coal Fired Pizza or any third-party service provider;
• Abuse, misuse, or exploit any promotional offers, discount codes, or loyalty programs in violation of their applicable terms.

We reserve the right, in our sole discretion, to investigate any suspected violation of these Terms and to take any action we deem appropriate, including suspending or terminating your access to the Website, canceling orders, or reporting suspected violations to law enforcement authorities.

4. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Anthony's Coal Fired Pizza or its content suppliers and is protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

The trademarks, service marks, and logos ("Marks") displayed on the Website are registered and unregistered Marks of Anthony's Coal Fired Pizza and its affiliates, licensors, and business partners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without the prior written permission of Anthony's Coal Fired Pizza or the applicable third-party owner of such Mark.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with obtaining our services. This license does not include the right to:

• Modify or copy the materials on the Website;
• Use the materials for any commercial purpose or for any public display (commercial or non-commercial);
• Attempt to decompile or reverse engineer any software contained on the Website;
• Remove any copyright, trademark, or other proprietary notations from the materials;
• Transfer the materials to another person or "mirror" the materials on any other server.

Any unauthorized use of our content or Marks will terminate the permission or license granted by us and may constitute a violation of applicable intellectual property laws, for which we reserve all rights and remedies.

If you submit any feedback, suggestions, reviews, or other content to us through the Website ("User Content"), you grant Anthony's Coal Fired Pizza a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media worldwide. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe or violate any third-party rights.

5. Payment Terms

Where applicable, the following payment terms govern your transactions with Anthony's Coal Fired Pizza through the Website:

5.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Applicable sales tax, delivery fees, service charges, and gratuities will be disclosed at checkout before you complete your order. We make every effort to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel any order placed at an incorrect price and notify you of such cancellation.

5.2 Payment Methods

We accept major credit cards, debit cards, and any other payment methods as indicated at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the payment method and authorize us to charge the applicable amount to that payment method.

5.3 Order Confirmation

An order confirmation sent via email or displayed on the Website does not constitute our acceptance of your order. We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to product unavailability, errors in product or pricing information, or suspected fraud.

5.4 Refunds and Cancellations

Refund and cancellation policies may vary depending on the nature of your order. Please contact us at [email protected] promptly if you have concerns about an order. We will evaluate refund requests on a case-by-case basis in accordance with applicable consumer protection laws, including, where applicable, the Federal Trade Commission (FTC) Act guidelines on consumer transactions.

5.5 Third-Party Payment Processors

Payment processing services may be provided by third-party processors. We are not responsible for the acts or omissions of third-party payment processors, and your use of such services is subject to the applicable processor's own terms and conditions and privacy policies.

6. Disclaimers

6.1 As-Is Basis

THE WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, INFORMATION, AND MATERIALS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANTHONY'S COAL FIRED PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 Accuracy of Information

While we strive to provide accurate and up-to-date information regarding our menu, pricing, nutritional content, allergen information, hours of operation, and other details, we do not warrant that any such information is complete, accurate, current, or error-free. Customers with food allergies, dietary restrictions, or other health concerns are strongly encouraged to contact us directly before placing an order. Anthony's Coal Fired Pizza shall not be liable for any adverse reactions or health issues arising from consumption of our food or beverage products.

6.3 Availability

We do not warrant that the Website will be available at all times, free from interruptions, errors, or viruses, or that defects will be corrected. We reserve the right to suspend, restrict, or terminate access to the Website or any feature thereof at any time without notice.

6.4 Third-Party Websites and Services

The Website may contain links to third-party websites or services that are not owned or controlled by Anthony's Coal Fired Pizza. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party websites you visit.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL ANTHONY'S COAL FIRED PIZZA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, the Website or our services;
• Any conduct or content of any third party on or through the Website;
• Any content obtained from the Website;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any errors, inaccuracies, or omissions in any content or information provided on the Website;
• Any food safety, allergen, or health-related claims arising from the consumption of our products;
• Any interruption, suspension, or termination of the Website or any services provided therein.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO ANTHONY'S COAL FIRED PIZZA 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 INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless Anthony's Coal Fired Pizza, its affiliates, subsidiaries, officers, directors, employees, agents, contractors, licensors, and service providers 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 or any applicable law or regulation;
• Your use of the Website or services;
• Your User Content or any submission you make to the Website;
• Your violation of any third-party rights, including intellectual property, privacy, or proprietary rights;
• Any misrepresentation made by you in connection with your use of the Website;
• Any fraudulent, intentional, or negligent act or omission on your part.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with our defense of such claim and not to settle any matter without our prior written consent.

9. Food Safety and Allergen Notice

Anthony's Coal Fired Pizza takes food safety seriously and complies with applicable federal and state food safety regulations, including but not limited to requirements enforced by the United States Food and Drug Administration (FDA) and applicable state and local health department regulations. However, our kitchens handle common allergens including wheat, gluten, dairy, eggs, nuts, shellfish, soy, and other ingredients.

We cannot guarantee that any menu item is completely free from allergens due to the shared nature of our preparation environment. Customers with severe food allergies or dietary restrictions are advised to contact us directly before ordering. By placing an order with Anthony's Coal Fired Pizza, you acknowledge and accept the inherent risk associated with consuming food prepared in a shared kitchen environment and agree that we shall not be liable for any allergic reactions or adverse health outcomes resulting from the consumption of our products.

10. Governing Law and Jurisdiction

These Terms of Service and any disputes, claims, or controversies arising out of or related to these Terms, the Website, or our services shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the State in which Anthony's Coal Fired Pizza's principal place of business is located, without regard to conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be instituted exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby consent to the personal jurisdiction of such courts and waive any objection to the exercise of jurisdiction over you by such courts or to venue in such courts.

To the extent that any consumer protection laws of your state of residence apply, including but not limited to the California Consumer Privacy Act (CCPA/CPRA) for California residents, the Federal Trade Commission (FTC) Act, and other applicable federal consumer protection statutes, nothing in these Terms is intended to limit any rights you may have under such laws.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Anthony's Coal Fired Pizza at [email protected] and provide a written description of your dispute, including the nature of the claim, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If we are unable to resolve the dispute within that period, either party may proceed to arbitration as described below.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website that cannot be resolved through informal negotiation shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding on both parties.

The arbitration shall be conducted on an individual basis. YOU AND ANTHONY'S COAL FIRED PIZZA EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. You may not consolidate your claims with those of any other user or participate in a class, representative, or collective proceeding.

To the extent required by applicable law, including the Federal Arbitration Act (9 U.S.C. § 1 et seq.), the parties agree that the arbitration agreement contained herein shall be enforceable.

11.3 Exceptions to Arbitration

Notwithstanding the arbitration agreement above, either party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. Either party may also bring a claim in small claims court if the claim qualifies and the matter remains in small claims court.

11.4 Time Limitation on Claims

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. ANY CLAIM NOT FILED WITHIN THIS PERIOD SHALL BE PERMANENTLY BARRED, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

12. Term and Termination

These Terms are effective as of the date you first access or use the Website and shall remain in full force and effect until terminated in accordance with the provisions herein.

Anthony's Coal Fired Pizza reserves the right, in its sole discretion and without prior notice, to:

• Terminate, suspend, or restrict your access to the Website or any portion thereof for any reason, including but not limited to your violation of these Terms;
• Remove or refuse to post any User Content you submit;
• Refuse service, cancel orders, or terminate accounts at our discretion.

You may terminate your use of the Website at any time by ceasing to access the Website and, if applicable, closing your account by contacting us at [email protected].

Upon termination for any reason, the following provisions of these Terms shall survive: Sections 4 (Intellectual Property Rights), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 10 (Governing Law and Jurisdiction), 11 (Dispute Resolution), 13 (Severability), and any other provisions that by their nature should survive termination.

13. Changes to Terms

Anthony's Coal Fired Pizza reserves the right to modify, update, or replace these Terms of Service at any time, in our sole discretion, effective upon posting of the updated Terms on the Website at acfp-eat.rest. We will update the "Last Updated" date at the top of this page to reflect any changes.

Where required by applicable law, we will provide you with reasonable notice of material changes to these Terms, which may include posting a notice on the Website, sending an email to the address associated with your account, or other reasonable means of communication.

Your continued access to or use of the Website after the posting of any revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates. If you do not agree to any revised Terms, you must cease using the Website immediately.

14. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, that provision shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired by such invalidity or unenforceability.

The failure of Anthony's Coal Fired Pizza to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision herein shall only be effective if given in writing and signed by an authorized representative of Anthony's Coal Fired Pizza.

15. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies or guidelines referenced herein or posted on the Website, constitute the entire agreement between you and Anthony's Coal Fired Pizza with respect to your use of the Website and our services, and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between you and Anthony's Coal Fired Pizza relating to the same subject matter.

No amendment or modification of these Terms shall be binding unless made in writing and signed by an authorized representative of Anthony's Coal Fired Pizza, except as otherwise expressly provided in Section 13 above.

16. Accessibility

Anthony's Coal Fired Pizza is committed to ensuring that our Website is accessible to all users, including individuals with disabilities, in accordance with the requirements of the Americans with Disabilities Act (ADA) and applicable Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our Website or any of its content, please contact us at [email protected] and we will make reasonable efforts to assist you.

17. Electronic Communications

By using the Website or communicating with us via electronic means (including email), you consent to receiving communications from Anthony's Coal Fired Pizza electronically, including emails, notices, and other information. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

18. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to exercise any rights you may have under applicable law, please contact us using the information below:

We will make every reasonable effort to respond to your inquiry within a timely manner. For urgent matters related to food safety, please contact your local emergency services or health department.