Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website papaginosdining.click (the "Site") or any services offered by Papa Ginos ("Company," "we," "us," or "our"). By accessing or using this Site, placing an order, or otherwise engaging with our services, you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue your use of this Site and our services.

1. Acceptance of Terms

By accessing, browsing, or using the website located at papaginosdining.click, you confirm that you are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), that you are using the Site under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Persons under the age of thirteen (13) are strictly prohibited from using this Site.

Your continued use of the Site following any modification to these Terms constitutes your binding acceptance of such changes. These Terms constitute a legally binding contract between you and Papa Ginos under the laws of the United States. If you are accessing this Site on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you individually and that entity.

These Terms, together with our Privacy Policy (incorporated herein by reference), constitute the entire agreement between you and Papa Ginos with respect to the use of this Site and our services. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms shall govern unless expressly stated otherwise in a separate signed written agreement.

2. Description of Services

Papa Ginos is a food service business operating in the United States. Through our website at papaginosdining.click and our physical dining locations, we offer the following services:

• Online Ordering: Customers may browse our menu, customize food and beverage selections, and place orders for pickup or delivery through the Site.
• Dine-In Services: We provide a full-service dining experience at our physical establishment(s), subject to applicable health and safety regulations.
• Catering and Group Orders: Papa Ginos offers catering packages and large-group ordering options for special events, corporate gatherings, and private functions.
• Promotional Offers and Loyalty Programs: We may, from time to time, offer discounts, coupons, promotional deals, or loyalty reward programs accessible through the Site or in-store.
• Customer Support: We provide customer assistance via email and phone for inquiries related to orders, menu items, dietary information, and general questions.
• Informational Content: The Site provides information about our menu offerings, nutritional data, hours of operation, location details, and company news.

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

Availability of specific menu items is subject to change based on seasonal ingredients, supplier availability, and operational capacity. We make no guarantee that any particular item listed on the Site will be available at all times or at all locations.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Site and our services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security and confidentiality of your account credentials, including your username and password;
• Promptly notify us of any unauthorized use of your account or any other breach of security;
• Comply with all applicable local, state, and federal laws and regulations in connection with your use of the Site;
• Use the Site only for lawful purposes and in a manner that does not infringe the rights of any third party;
• Ensure that any information or content you submit through the Site is truthful and does not violate the rights of any person or entity;
• Take full responsibility for all activities that occur under your account.

3.2 Prohibited Activities

You expressly agree NOT to engage in any of the following activities:

• Using the Site for any fraudulent, unlawful, or deceptive purpose;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Attempting to gain unauthorized access to any portion of the Site, other user accounts, or any computer systems or networks connected to the Site;
• Uploading, transmitting, or distributing any viruses, malware, worms, Trojan horses, or other harmful or disruptive code;
• Using automated tools, bots, scrapers, crawlers, or similar technologies to access or collect data from the Site without our express written permission;
• Engaging in any activity that places an unreasonable or disproportionately large load on our servers or infrastructure;
• Reverse engineering, decompiling, disassembling, or attempting to derive the source code of any software associated with the Site;
• Collecting or harvesting personally identifiable information from the Site without authorization;
• Using the Site to send unsolicited communications, spam, or bulk advertising messages;
• Interfering with or disrupting the integrity or performance of the Site or the data contained therein;
• Posting or transmitting content that is defamatory, obscene, offensive, discriminatory, or otherwise objectionable;
• Violating any applicable federal, state, or local laws or regulations, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and any applicable consumer protection statutes;
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Site.

We reserve the right to investigate any suspected violations of these Terms and, in our sole discretion, to take any action we deem appropriate, including suspension or termination of your account, referral to law enforcement authorities, and pursuit of legal remedies.

4. Intellectual Property Rights

All content available on or through the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, menu designs, recipes, and software, is the exclusive property of Papa Ginos or its content suppliers and is protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and trademark laws.

The Papa Ginos name, logo, trade dress, and all related marks, names, and slogans are trademarks or registered trademarks of Papa Ginos in the United States. You may not use any of our trademarks, service marks, or trade names without our prior written consent. Nothing in these Terms grants you any right, title, or interest in or to our intellectual property.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial purposes in connection with ordering food and related services from Papa Ginos. This license does not include the right to:

• Reproduce, distribute, or publicly display any content from the Site;
• Modify or create derivative works based on Site content;
• Use any data mining, robots, or similar data gathering tools;
• Download any portion of the Site (other than page caching) for purposes other than personal use;
• Sell or commercially exploit any content from the Site.

If you believe that any content on the Site infringes upon your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) by contacting us at [email protected]. Your notice must include: (i) a description of the copyrighted work claimed to be infringed; (ii) identification of the allegedly infringing material; (iii) your contact information; (iv) a statement of good faith belief; (v) a statement of accuracy under penalty of perjury; and (vi) your physical or electronic signature.

5. Payment Terms

When you place an order through the Site, you agree to pay all charges associated with your order, including the cost of food items, applicable taxes, delivery fees (if any), and any service charges or gratuities where applicable.

5.1 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices shown are inclusive of applicable federal, state, and local sales taxes unless otherwise indicated. We reserve the right to correct any pricing errors on the Site and to cancel orders placed at incorrect prices.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated at checkout. By providing payment information, you represent and warrant that: (i) you are authorized to use the payment method provided; (ii) the payment information is accurate and complete; and (iii) you authorize us to charge the full order amount to your designated payment method.

5.3 Refunds and Cancellations

Orders may be cancelled within a limited window after placement, subject to our operational capacity to process such cancellations. Once food preparation has begun, cancellations may not be possible, and refunds may not be issued. If you receive an incorrect or unsatisfactory order, please contact us immediately at [email protected]. Refund decisions are made at the sole discretion of Papa Ginos in compliance with applicable consumer protection laws enforced by the Federal Trade Commission.

5.4 Promotional Offers

Promotional discounts, coupons, and special offers are subject to their individual terms and conditions. Offers may not be combined with other promotions unless expressly stated. We reserve the right to modify or discontinue any promotional offer at any time without liability.

6. Disclaimers and "As-Is" Basis

THE SITE AND ALL CONTENT, SERVICES, PRODUCTS, AND INFORMATION PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PAPA GINOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION DISPLAYED ON THE SITE;
• WARRANTIES REGARDING THE QUALITY OF ANY FOOD PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE.

Nutritional information provided on the Site is intended as a general guide only and may vary based on preparation methods, ingredient substitutions, and portion sizes. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order. Papa Ginos cannot guarantee that any menu item is entirely free from allergens, including but not limited to nuts, gluten, dairy, eggs, soy, shellfish, or other common allergens, due to the risk of cross-contamination in our kitchen environment.

We do not warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site and its content.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL PAPA GINOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:

• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY;
• ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT;
• FOOD QUALITY ISSUES ARISING FROM DELIVERY DELAYS CAUSED BY THIRD-PARTY DELIVERY SERVICES.

IN NO EVENT SHALL PAPA GINOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO PAPA GINOS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for incidental or consequential damages. Accordingly, some of the limitations above may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

8. Indemnification

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

• Your violation of these Terms;
• Your use of the Site or our services, including but not limited to any content you submit, transmit, or make available through the Site;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or consumer protection rights;
• Any misrepresentation made by you;
• Any unauthorized use of your account credentials by a third party where such unauthorized use resulted from your failure to adequately protect your account information.

We reserve 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 our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and applicable state law, without giving effect to any choice or conflict of law provision or rule. Any legal action or proceeding arising under or relating to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the federal and state courts located in the United States.

You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue in such courts. These Terms and any dispute arising hereunder shall also be subject to applicable federal laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other applicable consumer protection statutes enforced at the federal level.

If you are a California resident, you may also have rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), which are addressed in our separate Privacy Policy. Nothing in these Terms is intended to limit any rights you may have under California law or the laws of any other state that provides additional consumer protections.

10. Dispute Resolution

10.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services ("Dispute"), you agree to first contact Papa Ginos directly and provide a written description of your Dispute, the relief you seek, and your contact information. We will attempt to resolve the Dispute informally within thirty (30) calendar days of receiving your written notice. You may contact us at [email protected].

10.2 Binding Arbitration

If the Dispute cannot be resolved informally within thirty (30) days, you and Papa Ginos agree that any Dispute shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

YOU AND PAPA GINOS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Papa Ginos agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

10.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction in order to prevent irreparable harm pending the resolution of a Dispute. Nothing herein shall prevent either party from seeking relief in small claims court for Disputes within the scope of that court's jurisdiction.

10.4 Waiver of Jury Trial

BY AGREEING TO THESE TERMS, YOU AND PAPA GINOS EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Papa Ginos. These links are provided solely for your convenience and informational purposes. Papa Ginos has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We do not endorse or make any representations about third-party websites or services. If you access a third-party website from our Site, you do so at your own risk and subject to the terms and conditions and privacy policy of that third-party website. We encourage you to review the terms and privacy policies of any third-party websites you visit.

Papa Ginos shall not be liable for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party website or service.

12. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is hereby incorporated by reference into these Terms. Our Privacy Policy describes how we collect, use, store, and disclose information about you when you use our Site and services. By using the Site, you consent to the data practices described in our Privacy Policy.

We are committed to protecting your personal information in accordance with applicable United States federal and state privacy laws, including the California Consumer Privacy Act (CCPA/CPRA) for California residents and the Federal Trade Commission Act for all users. For detailed information about your privacy rights and how we handle your data, please review our Privacy Policy.

13. Term and Termination

These Terms shall remain in full force and effect for so long as you use the Site or our services. Papa Ginos reserves the right, in its sole and absolute discretion, to:

• Terminate or suspend your access to all or any part of the Site at any time, with or without cause, with or without notice;
• Deactivate or delete your account and all associated information and files in your account;
• Refuse future access to the Site to any person who violates these Terms.

You may terminate your use of the Site at any time by discontinuing access to and use of the Site. If you have created an account, you may request deletion of your account by contacting us at [email protected].

Upon termination, all licenses and rights granted to you in these Terms will immediately cease. The following sections shall survive any termination of these Terms: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

Papa Ginos shall not be liable to you or any third party for any termination of your access to the Site or deletion of your account information.

14. Changes to Terms

Papa Ginos reserves the right to modify, amend, or update these Terms at any time and at our sole discretion. When we make changes to these Terms, we will update the "Last Updated" date at the top of this page. In cases where we make material changes to these Terms, we may provide additional notice, such as by sending an email to the address associated with your account or by posting a prominent notice on our Site.

Your continued use of the Site or our services following the posting of revised Terms constitutes your binding acceptance of such changes. It is your responsibility to review these Terms periodically for any updates or changes. If you do not agree with the modified Terms, you must stop using the Site immediately.

No modification to these Terms made by you shall be valid or binding upon Papa Ginos unless agreed to in a writing signed by an authorized representative of Papa Ginos.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or an arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, such provision shall be struck from these Terms, and the remaining provisions of these Terms shall continue in full force and effect.

The invalidity or unenforceability of any particular provision of these Terms shall not affect the other provisions hereof, and these Terms shall be construed in all respects as if such invalid or unenforceable provision were omitted. The parties further agree to replace any such invalid, illegal, or unenforceable provision with a valid provision that most closely approximates the intent and economic effect of the original provision.

16. Entire Agreement and Waiver

These Terms, together with the Privacy Policy and any other legal notices published by Papa Ginos on the Site, shall constitute the entire agreement between you and Papa Ginos concerning the Site and our services, and supersede all prior and contemporaneous negotiations, discussions, agreements, representations, and understandings, whether written or oral, between you and Papa Ginos with respect to the subject matter hereof.

No waiver by Papa Ginos of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Papa Ginos to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Force Majeure

Papa Ginos shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to: acts of God; natural disasters; pandemic or epidemic events; war; terrorism; riots; embargoes; acts of civil or military authorities; fire; floods; accidents; strikes; labor disputes; shortages of transportation facilities, fuel, energy, labor, or materials; failure of public utilities or telecommunications infrastructure; or acts of third-party service providers.

18. Accessibility

Papa Ginos is committed to ensuring that our Site is accessible to all users, including individuals with disabilities, in compliance with applicable accessibility standards and the Americans with Disabilities Act (ADA). If you experience any difficulty accessing our Site or any of its content, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs and provide the information you seek in an alternative format.

19. Electronic Communications

By using the Site or communicating with us electronically, you consent to receive communications from Papa Ginos electronically, including by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

20. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you need to contact us for any reason related to your use of the Site or our services, please reach out to us using the contact information below: