Terms of Service

Please read these Terms of Service carefully before using the website located at bbq-via313.digital (the "Site") or any services offered by Via 313 ("Company," "we," "us," or "our"). By accessing or using our Site, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately discontinue use of our Site and services.

1. Acceptance of Terms

By accessing, browsing, or using the Site at bbq-via313.digital, or by placing an order, signing up for an account, or otherwise interacting with Via 313, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Via 313.

If you are using our Site or 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 "you" and "your" shall refer to such entity. If you do not have such authority, you must not accept these Terms or use our services on behalf of that entity.

We reserve the right to modify these Terms at any time. Your continued use of the Site or services following the posting of any changes constitutes your acceptance of those changes. We encourage you to review these Terms periodically.

2. About Via 313

Via 313 is a food service business operating in the United States, offering Detroit-style pizza and related food and beverage products. Our services are provided through our website, in-person dining locations, and third-party delivery platforms. We are committed to providing our customers with high-quality food products and a superior dining experience.

For any questions or concerns about these Terms or our services, please contact us using the information provided in the Contact Information section at the end of this document.

3. Description of Services

Via 313 provides the following services through the Site and its associated platforms:

3.1 Online Ordering

Our Site may allow you to browse our menu, place orders for pickup or delivery, and manage your order preferences. Online orders are subject to availability, location-based restrictions, and applicable delivery area limitations. We reserve the right to refuse, limit, or cancel any order at our sole discretion.

3.2 In-Person Dining and Pickup

Via 313 operates physical dining locations where customers may dine in, order at the counter, or pick up pre-placed orders. Hours of operation and location availability may vary and are subject to change without prior notice.

3.3 Catering and Special Orders

We may offer catering services and special bulk orders for events, corporate functions, and other occasions. Catering orders are subject to separate agreements, minimum order requirements, advance notice requirements, and payment terms as communicated at the time of booking.

3.4 Gift Cards and Promotions

From time to time, Via 313 may offer gift cards, promotional codes, loyalty rewards, or special discounts. Such offers are subject to their own specific terms and conditions, are non-transferable unless otherwise stated, and hold no cash value unless required by applicable law.

3.5 Third-Party Delivery Platforms

Via 313 may make its products available through third-party delivery platforms such as DoorDash, Uber Eats, Grubhub, or similar services. Orders placed through third-party platforms are subject to the terms and conditions of those platforms in addition to these Terms. Via 313 is not responsible for the acts or omissions of third-party delivery providers.

4. Eligibility

To use our Site and services, you must be at least thirteen (13) years of age. If you are under the age of eighteen (18), you must have the consent of a parent or legal guardian to use our services and make purchases. By using our Site, you represent and warrant that you meet all applicable eligibility requirements.

Some services, such as the purchase of alcoholic beverages where legally permitted, may require you to be of legal drinking age (21 years or older in the United States). You are solely responsible for ensuring your eligibility for such services in accordance with applicable local, state, and federal laws.

5. User Accounts

Certain features of our Site may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your account information to keep it accurate;
• Maintain the security of your account credentials and not share your password with any third party;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account;
• Accept all responsibility for activities that occur under your account.

We reserve the right to suspend or terminate your account at any time, with or without cause, at our sole discretion, including if we believe you have violated these Terms.

6. User Obligations and Prohibited Activities

By using our Site and services, you agree to comply with all applicable federal, state, and local laws and regulations. You further agree that you will not engage in any of the following prohibited activities:

6.1 General Prohibited Conduct

• Using the Site for any unlawful, fraudulent, or malicious purpose;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Providing false, misleading, or inaccurate information in connection with any order, account, or communication with Via 313;
• Attempting to gain unauthorized access to any portion of our Site, systems, or databases;
• Interfering with or disrupting the integrity or performance of our Site or the servers and networks connected to it;
• Using automated bots, scrapers, spiders, or similar tools to collect information from our Site without our express written consent;
• Uploading, transmitting, or distributing any malware, viruses, or harmful code through our Site;
• Engaging in any activity that could disable, overburden, or impair the proper functioning of our Site.

6.2 Food Order Prohibitions

• Placing fraudulent, duplicate, or fictitious orders;
• Engaging in chargebacks or payment disputes without first contacting Via 313 to resolve the issue;
• Attempting to misuse promotional codes, coupons, or loyalty rewards in ways inconsistent with their intended purpose;
• Placing orders you do not intend to pick up or accept delivery of.

6.3 Content Prohibitions

If our Site permits you to submit reviews, comments, or other user-generated content, you agree not to submit content that:

• Is defamatory, libelous, or harmful to Via 313 or any third party;
• Is obscene, offensive, or otherwise objectionable;
• Infringes upon any third party's intellectual property rights;
• Contains personal information of any third party without their consent;
• Is false, misleading, or constitutes a commercial solicitation.

Via 313 reserves the right to remove any user-generated content and terminate access to any user who violates these prohibitions.

7. Intellectual Property Rights

7.1 Ownership

All content on the Site, including but not limited to text, graphics, logos, images, photographs, menu items, video content, software, and the overall design and layout of the Site (collectively, "Content"), is the exclusive property of Via 313 or its licensors and is protected by United States copyright, trademark, trade dress, and other applicable intellectual property laws.

7.2 Limited License

Via 313 grants you 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 or otherwise engaging with our services. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any Content;
• Use any meta tags, hidden text, or other metadata utilizing our trademarks or trade names;
• Use any data mining, scraping, or similar data-gathering methods;
• Copy or adapt the source code of our Site.

7.3 Trademarks

The name "Via 313," the Via 313 logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Via 313. You may not use such marks without the prior written permission of Via 313. All other names, logos, and marks appearing on the Site are the property of their respective owners.

7.4 User-Submitted Content

If you submit any reviews, comments, photos, or other content to our Site or social media pages, you grant Via 313 a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, translate, and distribute such content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that your content does not infringe the rights of any third party.

8. Payment Terms

8.1 Pricing

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without prior notice. Prices are exclusive of applicable taxes, delivery fees, service fees, and gratuity unless otherwise specified. Via 313 reserves the right to correct pricing errors at any time, even after an order has been placed.

8.2 Payment Methods

We accept major credit and debit cards (Visa, Mastercard, American Express, Discover), and such other payment methods as may be made available from time to time. By providing your payment information, you represent that you are authorized to use the payment method and authorize Via 313 (or its payment processor) to charge the applicable amounts to your account.

8.3 Taxes

You are responsible for paying all applicable federal, state, and local taxes associated with your purchases. Tax amounts will be calculated and displayed at the time of checkout based on applicable tax rates in your jurisdiction.

8.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. If you experience a problem with your order (e.g., incorrect items, food quality issues), please contact us within a reasonable time of receiving your order at [email protected]. We will review complaints on a case-by-case basis and may, at our sole discretion, offer a refund, credit, or replacement. Refunds, if approved, will be processed to the original payment method within five to ten (5–10) business days.

8.5 Catering Deposits

Catering orders may require a non-refundable deposit at the time of booking. Specific deposit amounts, payment schedules, and cancellation policies for catering orders will be communicated at the time of engagement and may be subject to a separate catering agreement.

9. Allergen and Dietary Information

Via 313 makes reasonable efforts to provide accurate allergen and nutritional information regarding our menu items. However, we cannot guarantee that our menu items are free from any specific allergen, as our kitchen environment may involve shared equipment and preparation surfaces. If you have a food allergy or dietary restriction, you are strongly encouraged to contact us directly before placing an order. Via 313 assumes no liability for allergic reactions or adverse dietary effects resulting from the consumption of our products.

10. Third-Party Links and Services

Our Site may contain links to third-party websites, applications, or services that are not owned or controlled by Via 313. These links are provided for your convenience only. Via 313 has no control over and assumes no responsibility for the content, privacy policies, practices, or terms of service of any third-party sites or services. We strongly encourage you to read the terms and privacy policies of any third-party sites you visit. Your use of third-party sites is at your own risk.

11. Disclaimers

11.1 As-Is Basis

THE SITE AND ALL CONTENT, FEATURES, AND SERVICES PROVIDED THROUGH IT ARE OFFERED 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, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11.2 No Warranty of Availability

Via 313 does not warrant that the Site will be available at all times, uninterrupted, error-free, or free of viruses or other harmful components. We reserve the right to suspend, modify, or discontinue the Site or any service at any time without notice.

11.3 No Warranty Regarding Food

While Via 313 takes every reasonable precaution to ensure the quality and safety of its food products, we make no representations or warranties regarding the suitability of any menu item for any specific individual, dietary need, or health condition.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIA 313, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF OUR SERVICES, EVEN IF VIA 313 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL VIA 313'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR 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 DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above limitations may not apply, and you may have additional rights.

13. Indemnification

You agree to defend, indemnify, and hold harmless Via 313, its parent companies, subsidiaries, affiliates, 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 the Site or our services;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any third party's intellectual property or other rights;
• Any content you submit to or through our Site;
• Any misrepresentation made by you in connection with your use of our services.

Via 313 reserves the right, at your expense, to assume exclusive control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

14. Governing Law and Jurisdiction

These Terms 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 is headquartered, without regard to any conflict of law provisions. You agree that any legal action or proceeding arising out of or related to these Terms or your use of our services shall be brought exclusively in the federal or state courts of competent jurisdiction in the state where Via 313 is principally located, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

To the extent applicable, these Terms are also subject to the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., and other applicable federal consumer protection laws. 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), and other applicable California statutes, which are addressed in our Privacy Policy.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services by contacting Via 313 at [email protected] and providing a written description of the dispute, your desired resolution, and your contact information. Via 313 will make reasonable efforts to resolve the dispute informally within thirty (30) days of receiving your notice.

15.2 Binding Arbitration

If the dispute is not resolved through informal means, you and Via 313 agree to resolve any remaining dispute through binding arbitration, rather than in court, except that either party may bring claims in small claims court if the claims qualify. The arbitration shall be conducted by a recognized arbitration organization under its applicable rules and procedures. The arbitration will take place in the state where Via 313 is principally located, or, if agreed upon, via remote means. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND VIA 313 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND UNENFORCEABLE, THE ENTIRETY OF THE ARBITRATION SECTION SHALL BE NULL AND VOID.

15.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.

16. Term and Termination

These Terms are effective from the moment you first access or use the Site and shall remain in full force and effect for as long as you continue to use the Site or our services.

Via 313 may, in its sole discretion, terminate or suspend your access to the Site and our services at any time, without prior notice or liability, for any reason, including if we believe you have violated these Terms, engaged in fraudulent conduct, or acted in a manner harmful to us or other users.

You may cease using our services at any time. If you have an account, you may request deletion of your account by contacting us at [email protected].

Upon termination, the following provisions shall survive: 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.

17. Changes to These Terms

Via 313 reserves the right to modify, update, or revise these Terms at any time in its sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. In some cases, we may provide additional notice, such as sending an email notification to the address associated with your account or displaying a prominent notice on our Site.

Your continued use of the Site or our services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and our services immediately.

It is your responsibility to review these Terms periodically. We recommend that you check this page each time you visit the Site to ensure you are familiar with the current version.

18. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or contrary to applicable law, such provision shall be deemed 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 or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. The parties agree that the court or arbitrator should try to give effect to the parties' intentions as reflected in any provision found invalid or unenforceable.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated herein by reference, constitute the entire agreement between you and Via 313 with respect to your use of the Site and our services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

No failure or delay on the part of Via 313 to exercise any right or remedy under these Terms shall constitute a waiver of that right or remedy. Any waiver by Via 313 of a breach of any provision of these Terms shall not be construed as a continuing waiver of that or any other provision.

20. Force Majeure

Via 313 shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders, supply chain disruptions, labor disputes, power outages, or telecommunication failures. In such events, Via 313 will use commercially reasonable efforts to resume services as soon as practicable.

21. Electronic Communications

By using our Site or providing your email address to Via 313, you consent to receive electronic communications from us, including emails, text messages, push notifications, and other digital communications related to your orders, account activity, and promotional offers (where applicable and subject to your communication preferences). You acknowledge that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

You may opt out of promotional communications at any time by following the unsubscribe instructions in any marketing email or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, we may still send you transactional messages related to your orders or account.

22. Children's Privacy

Our Site and services are not directed to children under the age of thirteen (13). We do not knowingly collect personal information from children under 13 without verifiable parental consent. If we become aware that we have inadvertently collected personal information from a child under 13, we will take prompt steps to delete that information. If you believe we have collected information from a child under 13, please contact us immediately at [email protected].

23. Accessibility

Via 313 is committed to making our Site accessible to all users, including those with disabilities. We strive to comply with applicable web accessibility standards to the extent reasonably practicable. If you experience any accessibility barriers on our Site, please contact us at [email protected] so that we may assist you and work to improve our Site's accessibility.

24. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or your use of our services, please contact Via 313 using the information below:

We will make reasonable efforts to respond to all inquiries within a reasonable timeframe. For order-related issues, please have your order number and relevant details ready to help us assist you efficiently.