Terms of Service

Please read these Terms of Service carefully before using the website located at via313pizzeria.rest or any services offered by Via 313. By accessing or using our website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the website at via313pizzeria.rest (hereinafter referred to as the "Website"), placing an order, making a reservation, or otherwise engaging with any service provided by Via 313 (hereinafter referred to as "Company," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (hereinafter referred to as "Terms"), as well as our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you (the "User," "Customer," or "you") and Via 313. If you are accessing or using our services on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" shall include both you individually and that entity.

We reserve the right to modify, update, or replace these Terms at any time. Your continued use of the Website or our services after any such modifications constitutes your acceptance of the updated Terms. We will make commercially reasonable efforts to notify users of material changes by updating the "Last Updated" date at the top of this page.

You must be at least 13 years of age to use our Website. By using our Website, you represent and warrant that you meet this age requirement. Certain services, including the purchase of alcoholic beverages where permitted by law, require users to be at least 21 years of age.

2. Description of Services

Via 313 is a food service business operating in the United States. We offer a range of services related to the preparation, sale, and delivery of food and beverages, specifically focusing on authentic Detroit-style pizza and related menu items. Our services include, but are not limited to:

• Dine-In Services: Customers may visit our physical location(s) to enjoy food and beverages on-premises, subject to availability, hours of operation, and applicable health and safety regulations.
• Takeout Orders: Customers may place orders online or by phone for pickup at our designated location(s).
• Delivery Services: Where available, we may offer delivery of food and beverages to addresses within our designated delivery zones, either directly or through third-party delivery platforms.
• Online Ordering: Through our Website or affiliated third-party platforms, customers may browse our menu, customize their orders, and complete transactions electronically.
• Catering and Special Events: We may offer catering services and special event packages, subject to separate agreements and availability.
• Gift Cards and Promotions: We may offer gift cards, loyalty programs, promotional discounts, and other special offers, each governed by their specific terms and conditions.
• Informational Content: Our Website provides information about our menu, locations, hours of operation, nutritional information, and other relevant details about our business.

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

All food items are subject to availability. Menu items, prices, and offerings may vary by location and are subject to change without prior notice. Images displayed on our Website are for illustrative purposes only and may not exactly represent the final product.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

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

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with our services.
• Maintain the confidentiality of any account credentials, passwords, or other login information associated with your use of our Website.
• Promptly notify us of any unauthorized use of your account or any other breach of security at [email protected].
• Use our Website and services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, and federal laws and regulations in connection with your use of our services.
• Treat our staff and other customers with respect and courtesy during all interactions.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Website or services for any unlawful purpose or in violation of any applicable federal, state, or local laws or regulations in the United States.
• Engage in any fraudulent activity, including but not limited to submitting false orders, using stolen payment information, or misrepresenting your identity.
• Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, through hacking, password mining, or any other illegitimate means.
• Use any automated system, including robots, spiders, scrapers, or data mining tools, to access, collect, or index any portion of the Website without our express written permission.
• Transmit any viruses, malware, ransomware, or other harmful, disruptive, or destructive files or code.
• Interfere with or disrupt the integrity or performance of the Website or the servers or networks connected to the Website.
• Engage in any conduct that restricts or inhibits any other user from using or enjoying our Website or services.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or our services without our express written permission.
• Post or transmit any content that is defamatory, obscene, offensive, threatening, abusive, harassing, or otherwise objectionable.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Place fictitious, false, or otherwise fraudulent orders with intent to waste resources or disrupt our operations.
• Attempt to circumvent any content-filtering techniques or security measures we employ on the Website.
• Use our services to facilitate the distribution of unsolicited commercial communications (spam).
• Collect or harvest any personally identifiable information from the Website without authorization.

We reserve the right, in our sole discretion, to terminate or suspend your access to our Website and services, cancel pending orders, and pursue any available legal remedies if we reasonably believe you have violated any of these prohibitions.

4. Intellectual Property Rights

The Website and all of its contents, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and all other materials (collectively, "Content"), are the property of Via 313 or our licensors and are protected by United States copyright, trademark, trade dress, and other applicable intellectual property laws.

The Via 313 name, logo, Detroit-style pizza branding, and all related marks, designs, and slogans are registered or common law trademarks of Via 313 in the United States. You may not use any of our trademarks without our prior written consent.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial purposes, including placing orders and accessing information about our services. This license does not include the right to:

• Reproduce, modify, publicly display, or distribute any Content from the Website.
• Create derivative works based on the Content.
• Use data mining, scraping, or similar data gathering or extraction methods.
• Download or copy account information for the benefit of any other merchant or business.
• Use the Website or Content for any commercial purpose without our prior written consent.

If you provide any feedback, suggestions, or ideas regarding our services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback into our services without compensation or attribution to you.

Any unauthorized use of our Content or intellectual property may violate copyright laws, trademark laws, and other applicable regulations, and may subject you to civil and criminal penalties under applicable United States law, including the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

5.1 Pricing and Fees

All prices listed on our Website or in our physical locations are in United States Dollars (USD) and are subject to change without prior notice. Applicable sales tax will be calculated and added to your total at checkout in accordance with applicable state and local tax laws.

5.2 Payment Methods

We accept major credit and debit cards (Visa, Mastercard, American Express, Discover), and other payment methods as indicated on our Website or at our physical locations. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for all transactions completed through our services.

5.3 Order Processing

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to limit or cancel any order at any time for reasons including, but not limited to, product availability, errors in pricing or product descriptions, or suspected fraud. If we cancel an order after payment has been collected, we will issue a full refund to your original payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you receive an incorrect or unsatisfactory order, please contact us immediately at [email protected]. We will evaluate each situation on a case-by-case basis and may offer a replacement, store credit, or refund at our sole discretion. Refunds, if approved, will be processed within 5–10 business days to your original payment method.

5.5 Third-Party Delivery Platforms

If you place an order through a third-party delivery platform (such as DoorDash, Uber Eats, Grubhub, or similar services), your transaction is governed by that platform's terms of service and payment policies. We are not responsible for any additional fees, charges, or disputes arising from your use of third-party platforms.

5.6 Gift Cards

Gift cards purchased from Via 313 are subject to separate terms and conditions. Gift cards are non-refundable, cannot be exchanged for cash (except where required by applicable state law), and are subject to applicable state unclaimed property laws.

6. Disclaimers

6.1 As-Is Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND MATERIALS PROVIDED BY VIA 313 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, VIA 313 EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Warranty of Accuracy

We do not warrant that the information on our Website, including menu descriptions, nutritional information, allergen information, or pricing, is accurate, complete, reliable, current, or error-free. Menu items and their ingredients may change without notice. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order to verify ingredient information.

6.3 No Warranty of Uninterrupted Service

We do not warrant that the Website will be uninterrupted, timely, secure, or error-free. We do not warrant that defects, if any, will be corrected, or that the Website or the servers that make it available are free of viruses or other harmful components.

6.4 Third-Party Links

Our Website may contain links to third-party websites or services. These links are provided for convenience only, and we do not endorse, warrant, or assume responsibility for the content, accuracy, or practices of any third-party websites. Your use of any third-party website is at your own risk and subject to that website's own terms and policies.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, IN NO EVENT SHALL VIA 313, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use our Website or services;
• Any errors, mistakes, or inaccuracies in the Content;
• Personal injury or property damage resulting from your use of our services;
• Any unauthorized access to or use of our servers or any personal information stored therein;
• Any interruption or cessation of transmission to or from our Website;
• Any bugs, viruses, or other harmful code transmitted through our Website by any third party;
• Any products purchased through or in connection with our services;
• Any conduct or content of any third party;

EVEN IF VIA 313 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL VIA 313'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO VIA 313 IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

8. Indemnification

You agree to defend, indemnify, and hold harmless Via 313 and its owners, officers, directors, employees, agents, 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;
• Your use of our Website or services, including but not limited to, any use of the Website's Content other than as expressly authorized in these Terms;
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or any applicable laws or regulations;
• Your submission or transmission of any content through our Website;
• Any fraudulent, deceptive, or unauthorized activity in connection with your use of our services;
• Any misrepresentation made by you in connection with these Terms or our services.

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

9. Governing Law and Jurisdiction

These Terms of Service and any dispute arising out of or related to these Terms, your use of our Website, or our services shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Via 313's principal place of business is located, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or related to these Terms or our services shall be brought exclusively in the state or federal courts of competent jurisdiction located in the United States, in the county or district where Via 313 maintains its principal place of business. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

These Terms are subject to all applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other consumer protection statutes administered by the Federal Trade Commission (FTC). To the extent you are a California resident, your use of our services may also be governed by the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as amended.

Nothing in these Terms shall be deemed to waive, preclude, or otherwise limit the right of either party to seek injunctive or other equitable relief from a court of competent jurisdiction.

10. Dispute Resolution

10.1 Informal Resolution

We encourage you to contact us first before initiating any formal dispute resolution process. If you have a concern or complaint about our services, please reach out to us at [email protected]. We will make a good-faith effort to resolve your concern within thirty (30) days of receiving your notice.

10.2 Binding Arbitration

If we are unable to resolve a dispute through informal negotiation within thirty (30) days, and except as otherwise provided in these Terms, all disputes, claims, or controversies arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or your use of our services, shall be submitted to and resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, except as modified by these Terms.

The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitration shall take place in the county where Via 313 maintains its principal place of business, or, at your election, via telephone or video conference.

10.3 Class Action Waiver

YOU AND VIA 313 EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH YOU AND VIA 313 WAIVE ANY RIGHT TO A JURY TRIAL AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

10.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent or enjoin infringement of intellectual property rights or other irreparable harm. Additionally, claims within the jurisdiction of a small claims court may be brought in that court.

10.5 Time Limitation

Any claim or cause of action arising out of or related to these Terms or our services must be filed within one (1) year after such claim or cause of action arose; otherwise, that claim or cause of action shall be permanently barred, to the maximum extent permitted by applicable law.

11. Term and Termination

These Terms shall remain in full force and effect while you use our Website or services. We reserve the right, in our sole discretion and without notice or liability, to:

• Terminate or suspend your access to all or any part of our Website or services for any reason, including but not limited to your violation of these Terms;
• Cancel or refuse any order you place with us;
• Terminate any account you may have created on our Website;
• Discontinue any or all of our services at any time.

Upon termination of your access to our services, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, dispute resolution provisions, and governing law provisions.

If you wish to terminate your relationship with us, you may do so by ceasing to use our Website and services and, where applicable, by requesting deletion of your account by contacting us at [email protected].

12. Changes to Terms

We reserve the right, at our sole discretion, to modify, amend, update, or replace these Terms of Service at any time. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes, we may also provide additional notice, such as by sending an email to the address associated with your account or by displaying a prominent notice on our Website.

It is your responsibility to review these Terms periodically for any changes. Your continued use of our Website or services following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must discontinue your use of our Website and services.

No amendment or modification of these Terms by you shall be binding on us unless made in writing and duly signed by an authorized representative of Via 313.

13. Severability

If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or contrary to applicable law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

The failure of Via 313 to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver by Via 313 of any default or breach of these Terms shall not constitute a waiver of any subsequent default or breach, and shall not affect the other provisions of these Terms.

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Via 313 concerning the subject matter hereof and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding such subject matter.

14. Additional Provisions

14.1 Force Majeure

Via 313 shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of God, pandemics, epidemics, government orders or restrictions, labor disputes, supply chain disruptions, power outages, internet service interruptions, or any other event of force majeure.

14.2 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

14.3 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective permitted successors and assigns. Nothing in these Terms, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

14.4 Headings

The section headings and titles used in these Terms are for convenience only and shall not affect the construction or interpretation of any provision of these Terms.

14.5 Electronic Communications

By using our Website or services, you consent to receiving electronic communications from us, including but not limited to order confirmations, receipts, updates, and other notices via email or through our Website. 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.

14.6 Entire Agreement

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

15. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to report a violation, please contact us using the following information:

We will make every effort to respond to your inquiries in a timely and thorough manner. For urgent matters related to food safety or allergic reactions, please contact your local emergency services immediately.