Terms of Service

Effective Date: June 21, 2026  |  Last Updated: June 21, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Giordanos ("Company," "we," "us," or "our"), the owner and operator of the website located at giordanos-fresh.click (the "Website"). By accessing, browsing, or otherwise using our Website, placing an order, or engaging with any of our services, you expressly agree to be bound by these Terms of Service and all applicable federal and state laws and regulations of the United States of America.

These Terms apply to all visitors, users, customers, and others who access or use the Website and any services offered through it. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

If you are accessing our Website 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, and in such case, the terms "you" and "your" shall refer to such entity.

You must be at least eighteen (18) years of age to use our Website and services. By using the Website, you represent and warrant that you are at least 18 years of age. We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion, including if we believe that a user is under the age of 18.

2. Description of Services

Giordanos is a food business operating in the United States, providing customers with high-quality food products, online ordering capabilities, and related services through our Website at giordanos-fresh.click. Our services include, but are not limited to:

• Online browsing of our food menu and product offerings;
• Online ordering and purchasing of food items for delivery, pickup, or dine-in (where applicable);
• Secure payment processing for food orders;
• Customer account creation and management;
• Order tracking and status updates;
• Customer support and assistance;
• Promotions, loyalty programs, and special offers (when available);
• Catering and bulk order inquiries and services;
• Nutritional information and allergen disclosures where applicable.

We reserve the right, in our sole and absolute discretion, to modify, suspend, discontinue, or restrict any aspect of our services at any time, with or without notice, and without liability to you or any third party. We do not guarantee the continued availability of any specific menu item, product, or feature. Menu items, prices, and availability are subject to change without prior notice.

Our food products are intended for personal consumption and are not intended for resale unless expressly authorized by us in writing. Giordanos makes reasonable efforts to ensure accuracy in product descriptions, pricing, and availability; however, we do not warrant that such information is always accurate, complete, or current.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing orders;
• Maintain and promptly update your account information to keep it accurate and complete;
• Maintain the confidentiality of your account login credentials and be responsible for all activities under your account;
• Notify us immediately at [email protected] if you suspect unauthorized access to your account;
• Use the Website and services only for lawful purposes in compliance with all applicable federal, state, and local laws;
• Comply with all food ordering and payment policies established by Giordanos;
• Be present at the designated delivery address at the agreed delivery time or make appropriate arrangements for receipt of orders.

3.2 Prohibited Activities

You expressly agree that you will NOT engage in any of the following prohibited activities when using our Website or services:

• Submitting false, misleading, or fraudulent orders, information, or payment details;
• Engaging in any form of fraud, including unauthorized use of credit or debit cards, chargebacks abuse, or identity theft;
• Using automated tools, bots, scrapers, crawlers, or any other means to access, collect, or harvest data from our Website without express written permission;
• Attempting to gain unauthorized access to our servers, networks, databases, or any other systems related to our Website;
• Interfering with, disrupting, or creating an undue burden on the Website, servers, or networks connected to our services;
• Uploading, transmitting, or distributing any viruses, malware, spyware, ransomware, or other malicious code;
• Impersonating any person or entity, including Giordanos employees, representatives, or other users;
• Using our Website for any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable purpose;
• Reproducing, duplicating, copying, selling, or exploiting any portion of our Website for commercial purposes without our express written consent;
• Circumventing, disabling, or otherwise interfering with security-related features of the Website;
• Collecting personally identifiable information of other users without their consent;
• Using our platform to place orders with no intention to pay or to engage in systematic order cancellations designed to abuse refund policies;
• Violating any applicable local, state, federal, or international law or regulation.

We reserve the right to investigate any suspected violations and to take appropriate legal action, including without limitation, reporting such conduct to appropriate law enforcement authorities. We also reserve the right to suspend or permanently terminate your access to our Website and services for any violation of these Terms.

4. Intellectual Property Rights

All content, materials, and intellectual property available on or through the Website, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, data compilations, software, trade names, trademarks, service marks, menu designs, and the overall look and feel of the Website (collectively, "Content"), are owned by, licensed to, or used with permission by Giordanos and are protected under applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable laws.

All trademarks, service marks, and trade names appearing on the Website are the property of their respective owners. Unauthorized use of any trademark, service mark, or trade name may violate applicable laws. Nothing contained on the Website should be construed as granting any license or right to use any trademark or service mark without the express written consent of the owner.

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 our food services. You may not:

• Reproduce, distribute, publicly display, or create derivative works from any Content without our prior written consent;
• Remove or alter any copyright, trademark, or other proprietary notices;
• Use the Content for any commercial purpose or for any public display without explicit written authorization;
• Frame or embed our Website within another website without our express written permission.

Any feedback, suggestions, ideas, or other communications you submit to us regarding the Website or our services become our exclusive property, and we shall be entitled to use such information for any purpose without compensation or attribution to you.

5. Payment Terms

5.1 Pricing and Payment

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes, delivery fees, service charges, and any other fees will be disclosed at checkout before you complete your order. You are responsible for all charges associated with your order, including applicable taxes.

We accept major credit cards, debit cards, and other payment methods as displayed on our Website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the payment method submitted and that the information you provide is accurate and complete.

5.2 Order Confirmation

An order placed through our Website does not constitute a binding contract until we confirm your order via email or through our Website interface. We reserve the right to refuse or cancel any order for any reason, including but not limited to unavailability of products, errors in pricing or product descriptions, or suspected fraudulent activity. In the event of an order cancellation after payment, you will receive a full refund using the original payment method within a reasonable time.

5.3 Refund and Cancellation Policy

Refund and cancellation requests are subject to our separate Refund Policy, which is incorporated by reference into these Terms. Generally, due to the perishable nature of food products, all sales are final once an order has been prepared. However, if your order is incorrect, damaged, or does not meet our quality standards, please contact us within a reasonable time at [email protected] to discuss your options, which may include a replacement or store credit at our discretion.

5.4 Promotional Codes and Discounts

Any promotional codes, coupons, or discount offers are subject to their specific terms and conditions and may be subject to expiration dates, minimum purchase requirements, or other restrictions. Promotional offers may not be combined unless expressly stated otherwise and are non-transferable and have no cash value.

6. Food Safety and Allergen Disclaimer

Giordanos takes food safety seriously and complies with all applicable federal and state food safety regulations, including those issued by the U.S. Food and Drug Administration (FDA) and relevant state health authorities. However, you acknowledge and accept that:

• Our food products are prepared in facilities that may handle common allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, shellfish, and fish;
• Cross-contamination may occur during preparation despite our best efforts to prevent it;
• If you have a known food allergy, intolerance, or dietary restriction, it is your responsibility to notify us before placing your order and to exercise appropriate caution;
• We cannot guarantee that any menu item is completely free from any specific allergen.

Please contact us at [email protected] for detailed allergen and nutritional information before placing your order if you have any concerns.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIORDANOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES, EVEN IF GIORDANOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL GIORDANOS'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO GIORDANOS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the fullest extent permitted by applicable law. Nothing in these Terms shall limit or exclude our liability for gross negligence, intentional misconduct, or fraud, or for any liability that cannot be excluded by applicable law.

8. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIORDANOS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
• WARRANTIES OF TITLE AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.

Giordanos does not warrant that the Website will meet your specific requirements or that any results obtained through the use of the Website will be accurate or reliable. We do not endorse, guarantee, or assume responsibility for any third-party services, products, or websites linked to or from our Website.

Use of the Website and our services is entirely at your own risk. You acknowledge that food delivery services are subject to variables outside our control, including but not limited to weather conditions, traffic, and other unforeseen circumstances, which may affect delivery times and product quality.

9. Indemnification

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

• Your violation of these Terms of Service;
• Your use of the Website or services in a manner not authorized by these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any intellectual property, privacy, or other rights of any third party;
• Any content or information you submit, post, or transmit through our Website;
• Your fraudulent, negligent, or wrongful conduct;
• Any dispute arising from your transactions with other users or third parties in connection with our services.

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 case you agree to cooperate fully with us in asserting any available defenses.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state applicable to the location of Giordanos's principal place of business, without giving effect to any choice of law or conflict of law provisions. You agree that any legal action or proceeding arising out of or in connection with these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States.

For users accessing our Website from within the United States, you consent to personal jurisdiction and venue in such courts. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

You acknowledge that your use of our Website and services is subject to all applicable federal laws and regulations, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Electronic Communications Privacy Act, the Children's Online Privacy Protection Act (COPPA), and any applicable state consumer protection statutes.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to contact Giordanos at [email protected] and provide a written description of the dispute, including the relevant facts and your proposed resolution. We will attempt in good faith to resolve any dispute informally within thirty (30) days of receiving your notice. Many disputes can be resolved quickly and amicably through direct communication.

11.2 Binding Arbitration

IF A DISPUTE CANNOT BE RESOLVED INFORMALLY, YOU AND GIORDANOS AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR THE USE OF THE WEBSITE OR SERVICES, SHALL BE RESOLVED BY BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO:

• Bring an individual action in small claims court for disputes within the jurisdictional limit of such court;
• Seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

Any arbitration conducted under these Terms shall be administered by a recognized arbitration organization under its then-current rules for commercial arbitration. The arbitration shall be conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AND GIORDANOS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, 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 GIORDANOS WAIVE ANY RIGHT TO A JURY TRIAL.

11.4 Time Limitation

To the extent permitted by applicable law, any claim or cause of action arising out of or related to these Terms or use of the Website must be filed within one (1) year after such claim or cause of action arose. Claims not filed within this period are permanently barred.

12. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Giordanos. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any such third parties or their websites.

You acknowledge and agree that Giordanos is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party website you visit.

Our Website may also integrate with third-party payment processors, delivery platforms, and other service providers. Your use of such third-party services is subject to their respective terms and conditions, and we encourage you to review them carefully.

13. Privacy Policy

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in compliance with applicable privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act regarding unfair or deceptive practices. Please review our Privacy Policy carefully before using our services.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use or access our Website and services. Giordanos reserves the right, in its sole discretion, to:

• Suspend or terminate your access to the Website and services at any time, with or without cause, and with or without notice, effective immediately;
• Delete any account information or content associated with your account;
• Take any other action we deem necessary to protect the integrity of our Website and services and the rights of other users.

Grounds for termination include, but are not limited to, breach of these Terms, fraudulent activity, abusive behavior toward our staff or other users, or any conduct that we determine, in our sole discretion, is harmful to us, our customers, or the public.

Upon termination of your access to our Website or services, you remain bound by provisions of these Terms that by their nature should survive termination, including without limitation, intellectual property provisions, disclaimers, indemnification, limitations of liability, dispute resolution, and governing law provisions.

You may terminate your use of our services at any time by simply ceasing to access or use the Website. If you have created an account, you may request deletion of your account by contacting us at [email protected].

15. Changes to Terms of Service

Giordanos reserves the right to modify, revise, update, or replace these Terms of Service at any time in our 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 posting a prominent notice on the Website or sending an email to registered users.

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

We encourage you to bookmark this page and review these Terms regularly to stay informed of any updates or changes that may affect your rights and obligations.

16. Electronic Communications

By using our Website and services, you consent to receiving electronic communications from Giordanos, including order confirmations, receipts, promotional offers, and policy updates. You agree that any notice, agreement, disclosure, or other communication we send electronically satisfies any legal requirement that such communication be in writing. You may opt out of marketing communications at any time by following the unsubscribe instructions in those communications or by contacting us directly.

17. Force Majeure

Giordanos shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, governmental actions, public health emergencies (including pandemics and epidemics), labor disputes, supplier failures, power outages, internet failures, or any other event beyond our reasonable control. In such events, our obligations will be suspended for the duration of the force majeure event, and we will use commercially reasonable efforts to resume performance as soon as practicable.

18. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law or regulation, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any particular provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect.

The parties agree that in the event any provision is found to be unenforceable, they will negotiate in good faith to replace that provision with a valid provision that most nearly reflects the original intent of the parties. No failure or delay by Giordanos to enforce any right or provision of these Terms shall constitute a waiver of that right or provision.

19. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between you and Giordanos with respect to your use of the Website and services, and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Giordanos with respect to the subject matter hereof.

No waiver by Giordanos of any term or condition in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. The failure of Giordanos to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20. No Agency Relationship

Nothing in these Terms of Service shall be construed to create any agency, partnership, joint venture, franchise, or employment relationship between you and Giordanos. You do not have any authority to bind Giordanos or to incur any obligation on our behalf. You acknowledge that you are using our services as an independent customer and not as an agent, employee, or representative of Giordanos.

21. Accessibility

Giordanos is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for all users and applying relevant accessibility standards. If you experience any accessibility barriers on our Website, please contact us at [email protected] so that we may assist you.

22. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, or if you wish to report a violation, please contact us using the information below. We are committed to addressing your concerns promptly and professionally.

These Terms of Service were last updated on June 21, 2026. We recommend that you print or save a copy of these Terms for your records.