Terms of Service

Please read these Terms of Service carefully before using our website or services. By accessing or using daves.click, you agree to be bound by these Terms of Service in their entirety.

1. Acceptance of Terms

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

By accessing, browsing, or otherwise using this Website or any Services offered herein, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease using the Website and all associated Services.

You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into this Agreement. If you are using the Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" shall refer to both you individually and the entity you represent.

These Terms apply to all visitors, registered users, customers, and others who access or use the Website in any capacity. Your continued use of the Website following the posting of any changes constitutes your acceptance of those changes.

2. Description of Services

Dave's Hot Chicken is a food service business operating in the United States. Through our Website and related digital platforms, we offer the following services to our customers:

• Online Food Ordering: Customers may browse our menu and place orders for pickup or delivery directly through our Website or through authorized third-party platforms.
• Menu Information: We provide detailed descriptions, pricing, nutritional information, and allergen disclosures for our food products to assist customers in making informed purchasing decisions.
• Location and Hours: We publish information regarding the location, hours of operation, and contact details for our restaurant locations.
• Promotions and Loyalty Programs: From time to time, we may offer promotional deals, discounts, coupons, or loyalty program benefits to registered users and customers.
• Customer Support: We provide customer service through email and other designated communication channels to address inquiries, complaints, and feedback regarding our products and services.
• Catering and Special Orders: We may offer catering services and special order accommodations subject to availability and separate agreements.
• Newsletter and Marketing Communications: With your consent, we may send promotional communications, newsletters, and updates about new menu items, offers, and events.

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 the Services.

All food products offered through our Website are subject to availability. We make every effort to accurately represent menu items, but ingredients, preparation methods, and nutritional content may vary by location. Customers with food allergies, dietary restrictions, or specific health concerns should contact us directly before placing an order.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Website and Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or communicating with us.
• Maintain the confidentiality of your account credentials, including your username and password, and notify us immediately of any unauthorized use of your account.
• Use the Website and Services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
• Promptly pay for all food orders and services rendered in accordance with our payment terms.
• Treat our staff, personnel, and other users with respect and courtesy in all communications.
• Comply with all posted guidelines, policies, and instructions provided through the Website.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities when using our Website or Services:

• Fraudulent Activities: Using false identity information, submitting fraudulent orders, chargebacks without valid basis, or engaging in any form of deception or misrepresentation.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, other user accounts, computer systems, or networks connected to the Website.
• Malicious Code: Uploading, transmitting, or distributing viruses, malware, spyware, or any other malicious or harmful code or programs.
• Data Scraping: Using automated tools, bots, scrapers, crawlers, or similar methods to extract data from the Website without our express written permission.
• Interference: Engaging in any activity that disrupts, overloads, impairs, or interferes with the proper functioning of the Website or servers, including denial-of-service attacks.
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works from any content on the Website without our express written authorization.
• Harassment: Harassing, intimidating, threatening, or abusing other users, our staff, or any third parties through the Website or related communication channels.
• Spam: Sending unsolicited commercial messages, spam, or chain communications through any communication feature of the Website.
• Impersonation: Impersonating Dave's Hot Chicken, its employees, or any other person or entity.
• Resale: Reselling, sublicensing, or commercially exploiting any part of the Services without our prior written consent.
• Illegal Activities: Using the Website or Services to facilitate any illegal activity, including but not limited to money laundering, fraud, or the purchase of goods for illegal purposes.

We reserve the right to terminate your access to the Website and Services immediately and without notice if we determine, in our sole discretion, that you have violated any of the above prohibitions. We also reserve the right to report any prohibited activities to appropriate law enforcement authorities.

4. Intellectual Property Rights

All content, materials, and intellectual property available on or through the Website, including but not limited to text, graphics, logos, images, photographs, audio and video clips, digital downloads, data compilations, software, trade names, trademarks, service marks, and the overall design, appearance, and layout of the Website (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 other applicable laws.

The Dave's Hot Chicken name, logo, and all related marks, designs, and product names are trademarks or registered trademarks of Dave's Hot Chicken in the United States and/or other jurisdictions. Nothing in these Terms grants you any right to use our trademarks, logos, or other brand features without our prior written consent.

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 and its Content solely for your personal, non-commercial use in connection with obtaining our food products and Services. This license does not include the right to:

• Reproduce, distribute, or publicly display any Content for commercial purposes;
• Modify or create derivative works based on the Content;
• Use any data mining, robots, or similar data gathering and extraction tools on the Website;
• Download or copy account information for the benefit of another merchant or service provider;
• Use the Website or its Content in any manner not expressly authorized by these Terms.

Any unauthorized use of our intellectual property terminates the limited license granted herein and may expose you to civil and criminal liability under applicable law. We aggressively enforce our intellectual property rights to the fullest extent permitted by law.

If you submit any reviews, comments, photographs, suggestions, feedback, or other content to us through the Website ("User Content"), you grant Dave's Hot Chicken a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media or format for any purpose, including promotional and marketing purposes. You represent and warrant that you own or have the right to grant this license and that your User Content does not infringe any third-party rights.

5. Payment Terms

By placing an order through our Website, you agree to pay all charges associated with your order, including the price of food items, applicable taxes, service fees, and delivery charges (if applicable) at the rates in effect at the time of your order.

All prices are listed in United States Dollars (USD) and are subject to change without notice. We reserve the right to correct any pricing errors that may appear on the Website, and we are not obligated to honor orders placed at an incorrect price.

5.1 Accepted Payment Methods

We accept the following forms of payment, subject to availability:

• Major credit cards (Visa, Mastercard, American Express, Discover)
• Debit cards with major card network logos
• Digital wallets and mobile payment platforms as authorized
• Gift cards issued by Dave's Hot Chicken (subject to applicable terms)

5.2 Authorization and Charges

By providing payment information, you authorize us and our authorized payment processors to charge your selected payment method for the total amount of your order. You represent and warrant that the payment information you provide is accurate and that you are authorized to use the payment method.

5.3 Refunds and Cancellations

All sales of food products are generally final. Refunds or replacements may be offered at our sole discretion in cases where food items are incorrect, missing from your order, or fail to meet reasonable quality standards. To request a refund or report an issue with your order, please contact us at [email protected] within twenty-four (24) hours of receiving your order. We reserve the right to require photographic evidence or other documentation to process refund requests.

5.4 Taxes

All applicable federal, state, and local sales taxes will be calculated and added to your order total at checkout. You are solely responsible for any taxes, duties, or other charges imposed by governmental authorities in connection with your purchase.

5.5 Promotions and Discounts

Promotional offers, discount codes, and coupons are subject to specific terms and conditions associated with each promotion. Unless otherwise stated, promotions are non-transferable, cannot be combined with other offers, and have no cash value. We reserve the right to modify or discontinue any promotion at any time.

6. Disclaimers — Services Provided "As Is"

THE WEBSITE AND ALL SERVICES, CONTENT, AND INFORMATION PROVIDED THEREON ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY 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 INFORMATION ON THE WEBSITE;
• WARRANTIES THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED;
• WARRANTIES REGARDING THE SUITABILITY OF ANY FOOD PRODUCTS FOR YOUR PARTICULAR DIETARY NEEDS OR HEALTH REQUIREMENTS.

We do not warrant that the Website will meet your expectations or requirements. Any reliance you place on information provided through the Website is strictly at your own risk. While we strive to maintain accurate and up-to-date menu information, nutritional data, allergen information, and pricing, we cannot guarantee the absolute accuracy of such information at all times.

Customers with serious food allergies or medical dietary requirements are strongly advised to contact us directly and consult with their healthcare provider before consuming any of our food products. Dave's Hot Chicken shall not be liable for any adverse health reactions resulting from undisclosed allergies or failure to review allergen information.

References to third-party products, services, or websites on our Website do not constitute an endorsement or recommendation by Dave's Hot Chicken. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVE'S HOT CHICKEN, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR DATA;
• LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR PERSONAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL COMPONENTS TRANSMITTED THROUGH THE WEBSITE.

IN NO EVENT SHALL DAVE'S HOT CHICKEN'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00); OR (B) THE TOTAL AMOUNT YOU PAID TO DAVE'S HOT CHICKEN IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE CLAIM.

These limitations of liability apply to all claims, 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 damages. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you to the full extent.

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our gross negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken and its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Website or Services;
• Your violation of these Terms or any applicable law, rule, or regulation;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights;
• Any User Content you submit, post, or transmit through the Website;
• Your conduct in connection with the Website or Services, including any fraud, misrepresentation, or willful misconduct;
• Any dispute between you and a third party arising in connection with the 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 event you will cooperate with us in asserting any available defenses. You agree not to settle any matter subject to indemnification without the prior written consent of Dave's Hot Chicken.

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 and the laws of the applicable state in which Dave's Hot Chicken'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 relating to these Terms or your use of the Website shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. You consent to personal jurisdiction and venue in such courts and waive any objection to the laying of venue in such courts.

Our Services are controlled and operated from within the United States. We make no representation that the Website or Services are appropriate or available in other locations. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

These Terms shall be interpreted and enforced in accordance with applicable United States federal law, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) for consumer protection matters. To the extent any California users are involved, applicable provisions of the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) may also apply in relation to data privacy matters as further described in our Privacy Policy.

10. Dispute Resolution

10.1 Informal Resolution

Before filing a formal legal claim, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") informally by contacting us at [email protected]. You and Dave's Hot Chicken agree to negotiate in good faith to resolve the Dispute within thirty (30) days of the initial notice. If the Dispute cannot be resolved informally within this period, either party may proceed to binding arbitration as set forth below.

10.2 Binding Arbitration

Except as otherwise provided herein, you and Dave's Hot Chicken agree that any Dispute that cannot be resolved informally shall be finally and exclusively resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, which are incorporated herein by reference. 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.

The arbitrator shall have the authority to award any relief that a court could award, including injunctive and declaratory relief, provided that the arbitrator may not award relief that is inconsistent with these Terms. Any arbitration under these Terms shall be conducted on an individual basis and not as a class action, collective action, or representative action.

10.3 Class Action Waiver

YOU AND DAVE'S HOT CHICKEN EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION IN CONNECTION WITH ANY DISPUTE. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

10.4 Exceptions

Notwithstanding the agreement to arbitrate, either party may 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 or confidential information.

10.5 Opt-Out Right

You may opt out of the binding arbitration and class action waiver provisions by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out of arbitration, disputes shall be resolved exclusively in the courts described in Section 9 above.

11. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use the Website or maintain an account with us. We reserve the right, in our sole discretion, to suspend or terminate your access to the Website and Services, with or without notice, at any time and for any reason, including but not limited to:

• Your violation or breach of any provision of these Terms;
• Requests from law enforcement or government authorities;
• Unexpected technical or security issues;
• Extended periods of inactivity in your account;
• Our decision to discontinue or materially modify the Website or Services;
• Fraudulent, abusive, or otherwise harmful conduct by you.

Upon termination, your right to access and use the Website and Services immediately ceases. Any provisions of these Terms that by their nature should survive termination shall continue to apply after termination, including but not limited to the following sections: Intellectual Property Rights, Limitation of Liability, Disclaimers, Indemnification, Governing Law, and Dispute Resolution.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations or liabilities incurred prior to the date of termination.

12. Changes to Terms

Dave's Hot Chicken reserves the right to modify, update, or replace these Terms of Service at any time and at our sole discretion. Any changes we make will be effective immediately upon posting the revised Terms to the Website at daves.click, unless otherwise indicated. The "Last Updated" date at the top of these Terms will reflect when the most recent changes were made.

We will make reasonable efforts to notify you of significant changes to these Terms, which may include posting a prominent notice on the Website, sending an email to the address associated with your account, or other appropriate means of communication. However, it is your responsibility to review these Terms periodically to stay informed of any updates.

Your continued use of the Website or Services following the posting of revised Terms constitutes your acceptance of and agreement to be bound by the changes. If you do not agree to the revised Terms, you must immediately stop using the Website and Services. We encourage you to review these Terms each time you access the Website.

13. Third-Party Links and Services

The Website may contain links to third-party websites, services, or applications that are not owned or controlled by Dave's Hot Chicken. These links are provided for your convenience only and do not constitute our endorsement of, or affiliation with, any third-party website or service. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites.

We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services you visit. Dave's Hot Chicken shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on third-party websites.

Our Website may also integrate with third-party delivery services, payment processors, and ordering platforms. Your use of such third-party services is governed by their respective terms and conditions, and any disputes arising from such use shall be resolved directly with the applicable third party.

14. Privacy Policy

Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information in connection with your use of the Website and Services. By using the Website, you consent to the collection and use of your information as outlined in our Privacy Policy.

To the extent applicable, we comply with relevant privacy laws including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) with respect to unfair or deceptive practices affecting consumer privacy.

15. Food Safety and Allergen Disclosure

Dave's Hot Chicken is committed to food safety and transparency. Our menu items may contain or come into contact with common allergens including but not limited to wheat, gluten, dairy, eggs, soy, peanuts, tree nuts, fish, and shellfish. While we take precautions to manage allergen risks, our kitchen environments are not allergen-free, and cross-contamination is possible.

If you have a known food allergy, intolerance, or other medical dietary restriction, we strongly urge you to:

• Consult with a healthcare professional before consuming our products;
• Contact us directly at [email protected] to discuss your specific dietary needs;
• Inform our staff of your allergies when placing in-store or phone orders.

Dave's Hot Chicken makes no guarantee that any menu item is completely free from any particular allergen and shall not be liable for allergic reactions or other adverse health events resulting from consumption of our food products, except where such liability arises from our gross negligence or willful misconduct.

16. 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, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving the original intent of the provision to the greatest extent possible. If such modification is not possible, the affected provision shall be severed from these Terms, and all remaining provisions shall continue in full force and effect.

The invalidity or unenforceability of any particular provision of these Terms shall not affect the validity or enforceability of the remaining provisions, which shall be construed as if the invalid or unenforceable provision had never been included. The parties agree to replace any invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves, to the greatest extent possible, 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 of such right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. A waiver of any default hereunder or of any of the terms and conditions of these Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Dave's Hot Chicken on the Website, constitute the entire agreement between you and Dave's Hot Chicken with respect to your use of the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

No oral or written information or advice given by Dave's Hot Chicken or its authorized representatives shall create a warranty or otherwise alter these Terms. If there is any conflict between these Terms and any other agreement you have with us, the terms of that other agreement shall control only to the extent of the specific subject matter covered therein.

19. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or regulations, war, civil unrest, terrorism, labor disputes, power outages, internet or telecommunications failures, or other events of force majeure. In such circumstances, our obligations shall be suspended for the duration of the force majeure event, and we shall use commercially reasonable efforts to resume performance as soon as practicable.

20. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service or our Services, please do not hesitate to contact us using the information provided below. We are committed to addressing your inquiries promptly and professionally.

For legal notices and formal correspondence, please direct all written communications to us via email at [email protected] with the subject line "Legal Notice — Terms of Service." We will endeavor to respond to all formal inquiries within ten (10) business days of receipt.