Terms of Service

Please read these Terms of Service carefully before using the website daves-chicken.rest or any services offered by Dave's Hot Chicken. By accessing or using our website and services, you agree to be bound by these Terms of Service in their entirety. If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Dave's Hot Chicken ("Company," "we," "us," or "our"), governing your access to and use of the website located at daves-chicken.rest (the "Website"), including all content, features, services, and functionality offered on or through the Website.

By visiting, browsing, or using our Website; placing an order through any of our available platforms; signing up for promotional communications; or otherwise engaging with our services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or if under 18, that you have obtained consent from a parent or legal guardian who agrees to these Terms on your behalf;
• You have the legal authority to enter into this Agreement, whether on your own behalf or on behalf of an organization;
• Your use of our Website and services complies with all applicable federal, state, and local laws and regulations of the United States.

If you are using the Website on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity.

2. Description of Services

Dave's Hot Chicken is a food service establishment dedicated to providing high-quality hot chicken and related menu offerings to our customers. Through our Website and associated platforms, we offer the following services:

2.1 Online Ordering

Customers may browse our menu and place orders for pickup or delivery through the Website or third-party delivery platforms linked from our Website. Menu availability may vary by location, time of day, and product availability. We reserve the right to modify, substitute, or remove menu items at our sole discretion without prior notice.

2.2 Menu and Nutritional Information

We provide menu descriptions, pricing, and, where available, nutritional and allergen information on our Website. While we make every effort to ensure this information is current and accurate, menu items, ingredients, and preparation methods may change. Customers with food allergies or dietary restrictions are strongly advised to contact their local Dave's Hot Chicken location directly prior to ordering to verify ingredient and allergen information.

2.3 Promotional Programs and Loyalty Offers

From time to time, we may offer promotions, discounts, coupon codes, loyalty rewards, or special offers through our Website or via email and other communications. Such offers are subject to their own specific terms and conditions and may be modified, suspended, or terminated at any time without notice.

2.4 Location Finder

Our Website may include a tool enabling users to locate Dave's Hot Chicken restaurant locations. Location hours, contact details, and available services may vary by individual franchise or company-owned location.

2.5 Customer Communications

With your consent, we may send you email newsletters, promotional communications, and service-related notifications. You may opt out of marketing communications at any time by following the unsubscribe instructions included in each communication or by contacting us directly.

3. User Obligations and Prohibited Activities

3.1 Permitted Use

You agree to use our Website and services solely for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Website is in compliance with all applicable federal, state, and local laws, regulations, and ordinances of the United States, including but not limited to those pertaining to consumer transactions, electronic communications, and food safety.

3.2 Account Registration

Certain features of our Website may require you to register for an account. If you create an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you suspect unauthorized access to your account.

3.3 Prohibited Activities

You expressly agree NOT to engage in any of the following prohibited activities in connection with your use of our Website and services:

• Fraudulent Conduct: Submitting false, misleading, or fraudulent orders, payment information, or personal data; impersonating any person or entity; or misrepresenting your affiliation with any person or organization.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, its servers, databases, or related systems; circumventing security measures; or interfering with the integrity or performance of the Website.
• Automated Scraping: Using bots, spiders, scrapers, data mining tools, or any automated means to collect content or information from the Website without our prior written consent.
• Malicious Code: Uploading, transmitting, or distributing viruses, malware, ransomware, or any other malicious code or software that may damage, disable, or impair the Website or any connected systems.
• Intellectual Property Infringement: Reproducing, copying, distributing, or creating derivative works from any content on the Website without express written authorization from us.
• Harassment and Abuse: Using our Website or communication channels to harass, threaten, intimidate, or harm any individual, including our staff, other customers, or third parties.
• Illegal Activities: Using the Website to facilitate or engage in any activity that violates applicable federal, state, or local law, including but not limited to fraud, money laundering, or any activity in violation of the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq.
• Spam and Unsolicited Communications: Using the Website to send unsolicited commercial communications in violation of the CAN-SPAM Act, 15 U.S.C. § 7701 et seq., or any other applicable law.
• Reverse Engineering: Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying algorithms of the Website or any related software.
• Commercial Exploitation: Reselling, sublicensing, or commercially exploiting any portion of the Website or its content without our prior written consent.

We reserve the right to investigate any suspected violations of these prohibitions and to take appropriate legal action, including reporting suspected unlawful activity to law enforcement authorities and seeking civil remedies as permitted by law.

4. Intellectual Property Rights

4.1 Ownership

The Website and all of its content, including but not limited to text, graphics, logos, images, photographs, video content, audio clips, menu designs, software, source code, and the compilation and arrangement thereof (collectively, "Content"), are the exclusive property of Dave's Hot Chicken or its licensors and are protected by 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 applicable trade secret laws.

4.2 Trademarks

The name "Dave's Hot Chicken," associated logos, slogans, trade dress, and any other marks displayed on the Website are trademarks or registered trademarks of Dave's Hot Chicken or its licensors. Nothing in these Terms shall be construed as granting any license or right to use any trademark without the prior written permission of the trademark owner.

4.3 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial purposes. This license does not include the right to: (a) modify or create derivative works of the Website or its Content; (b) use the Website or its Content for any commercial purpose; (c) copy, reproduce, distribute, or publicly display any Content; or (d) remove or alter any copyright, trademark, or other proprietary notices.

4.4 User-Submitted Content

If you submit reviews, comments, feedback, photographs, or other content to our Website or social media channels ("User Content"), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, distribute, and display such User Content in connection with our business operations, marketing, and promotional activities. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe upon the rights of any third party.

5. Payment Terms

5.1 Pricing

All prices listed on our Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes will be calculated and added to your order total at checkout, in accordance with the tax laws of the applicable state and local jurisdiction.

5.2 Payment Methods

We accept major credit and debit cards, and such other payment methods as may be indicated on the Website or applicable ordering platform. By providing payment information, you represent and warrant that: (a) you are authorized to use the designated payment method; (b) the payment information you provide is accurate and complete; and (c) charges incurred by you will be honored by your payment provider.

5.3 Order Confirmation

Receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to cancel or modify any order at our discretion, including in cases of pricing errors, product unavailability, or suspected fraudulent activity. In such cases, any charges collected will be promptly refunded.

5.4 Refunds and Cancellations

Given the perishable nature of food products, all sales are generally final once your order has been prepared. If you experience a quality issue with your order, please contact the applicable restaurant location directly or reach us at [email protected] within a reasonable time of receiving your order. Refunds or replacements will be issued at our sole discretion and in accordance with applicable consumer protection laws.

5.5 Third-Party Delivery Platforms

Orders placed through third-party delivery platforms (such as DoorDash, Uber Eats, or Grubhub) are subject to those platforms' own terms of service and payment policies. Dave's Hot Chicken is not responsible for errors, delays, or issues arising from the use of third-party platforms.

6. Disclaimers and "As-Is" Basis

6.1 No Warranties

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DAVE'S HOT CHICKEN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components;
• Warranties regarding the accuracy, completeness, reliability, or timeliness of any content, information, or materials on the Website;
• Warranties that defects will be corrected or that the Website or the servers that make it available are free of viruses or other harmful components.

6.2 Food and Allergen Disclaimer

While we strive to provide accurate menu, ingredient, and nutritional information, we cannot guarantee that such information is complete or free from error. Our food products may be prepared in facilities that process common allergens, including peanuts, tree nuts, wheat, soy, milk, eggs, fish, and shellfish. Customers with food allergies or sensitivities assume full responsibility for verifying allergen information directly with our staff prior to ordering.

6.3 Third-Party Links

Our Website may contain links to third-party websites, services, or resources. These links are provided for your convenience only. We have no control over the content, privacy practices, or policies of third-party websites and accept no responsibility or liability for them. Access to any third-party website is at your own risk.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVE'S HOT CHICKEN, ITS AFFILIATES, SUBSIDIARIES, FRANCHISEES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• BUGS, VIRUSES, OR SIMILAR ITEMS TRANSMITTED TO OR THROUGH THE WEBSITE BY THIRD PARTIES;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DAVE'S HOT CHICKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN JURISDICTIONS WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL CASES, OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DAVE'S HOT CHICKEN IN THE TWELVE (12) MONTHS 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 certain types of damages. Accordingly, some of the above limitations may not apply to you. Nothing in this section is intended to limit any rights you may have under applicable consumer protection laws that cannot be waived by agreement.

8. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken and its affiliates, subsidiaries, franchisees, officers, directors, employees, attorneys, 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 or any applicable law or regulation;
• Your use of the Website or services in a manner not expressly authorized by these Terms;
• Any User Content you submit, post, transmit, or otherwise make available through the Website;
• Your infringement of any intellectual property or other rights of any third party;
• Your negligence, willful misconduct, or fraud;
• Any misrepresentation made by you in connection with your use of the Website or services.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with us in asserting any available defenses. You agree not to settle any matter covered by this indemnification provision without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which the dispute arises, without giving effect to any choice of law or conflict of law provisions.

To the extent that any dispute is not subject to arbitration as set forth in Section 10 below, you consent to the exclusive personal jurisdiction and venue of the federal and state courts located in the United States for the resolution of any such disputes. You waive any objection to the laying of venue in such courts and any objection that such courts are an inconvenient forum.

Our services and Website are operated from within the United States. We make no representation that the Website or its Content is appropriate or available for use outside the United States. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with local laws.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at [email protected] and provide a written description of the nature and basis of the dispute and the relief sought. We will attempt in good faith to resolve the dispute within thirty (30) days of receiving your written notice. This informal dispute resolution process is a condition precedent to initiating any arbitration or other formal proceeding.

10.2 Binding Arbitration

If we are unable to resolve the dispute informally within thirty (30) days, you and Dave's Hot Chicken agree that any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND DAVE'S HOT CHICKEN 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and Dave's Hot Chicken agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information pending final resolution of a claim through arbitration. Additionally, claims that fall within the jurisdiction of small claims court may be brought in that court.

10.5 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you access or use our Website or services. Your continued use of the Website following the posting of any modifications to these Terms constitutes your acceptance of such modifications.

11.2 Termination by You

You may terminate your use of our Website and services at any time by ceasing all access to and use of the Website. If you have a registered account, you may also request deletion of your account by contacting us at [email protected].

11.3 Termination by Us

We reserve the right, at our sole discretion and without notice or liability, to:

• Suspend or terminate your access to all or any part of the Website for any reason, including but not limited to a breach of these Terms;
• Refuse service to any person or entity at any time;
• Discontinue or modify any aspect of the Website or services at any time.

11.4 Effect of Termination

Upon termination of these Terms or your account for any reason, your right to access and use the Website immediately ceases. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation: ownership provisions, intellectual property rights, warranty disclaimers, indemnification, limitation of liability, dispute resolution, and governing law.

12. Changes to Terms

We reserve the right to modify, amend, or replace these Terms at any time in our sole discretion. 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 posting a prominent notice on our Website or by sending you an email notification to the address associated with your account, where applicable.

Your continued access to or use of our Website or services after any modifications to these Terms have been posted constitutes your binding acceptance of those modified Terms. If you do not agree to the modified Terms, you must immediately cease using our Website and services. We encourage you to review these Terms periodically to stay informed of any updates.

13. Privacy Policy

Your use of our Website is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, disclose, and safeguard your personal information in connection with your use of our Website and services. To the extent applicable, we comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) for consumer protection matters. Please review our Privacy Policy carefully before using our Website.

14. Electronic Communications

By using our Website, you consent to receive communications from us electronically, including via email and postings on the 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. You further agree that you have the ability to store electronic communications in a form accessible for future reference.

15. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performing its obligations under these Terms arising out of or caused by events beyond its reasonable control, including but not limited to acts of God, fire, floods, pandemics, earthquakes, governmental actions, supply chain disruptions, labor disputes, power outages, internet failures, or any other cause beyond our reasonable control. In the event of such a force majeure event, our obligations shall be suspended for the duration of the event.

16. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. The modification or deletion of any provision shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.

The parties further agree that any invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that, to the greatest extent possible, achieves the economic, legal, and commercial objectives of the original provision.

17. Waiver

No failure or delay by Dave's Hot Chicken in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Dave's Hot Chicken.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions published by us on the Website, constitute the entire agreement between you and Dave's Hot Chicken with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, between you and Dave's Hot Chicken regarding the Website and services. No representations, warranties, or other agreements between the parties relating to the subject matter of these Terms shall be binding unless made in writing and signed by both parties.

19. Accessibility

Dave's Hot Chicken is committed to making our Website accessible to all users, including those with disabilities, in compliance with the Americans with Disabilities Act (ADA) and applicable accessibility standards. If you experience any difficulty accessing our Website or require assistance, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

20. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to report a suspected violation of these Terms, please contact us using the information below:

We will use reasonable efforts to respond to all inquiries within a reasonable timeframe. For urgent matters related to food safety or health concerns, please contact your local Dave's Hot Chicken restaurant directly or reach out to the appropriate local health authority.