Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at daveshotchicken-eat.digital (the "Website") or any services offered by Dave's Hot Chicken ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue use of this Website and our services.

1. Acceptance of Terms

By accessing, browsing, or using the Website at daveshotchicken-eat.digital, submitting an order, creating an account, or otherwise engaging with Dave's Hot Chicken's digital or physical services, you enter into a legally binding agreement with Dave's Hot Chicken under these Terms of Service. This Agreement is governed by the laws of the United States and the applicable laws of the state in which Dave's Hot Chicken operates.

These Terms apply to all visitors, customers, registered users, and any other individuals who access or use our Website or services in any capacity. Your continued use of the Website following the posting of any modifications to these Terms constitutes acceptance of those changes.

You represent and warrant that:

• You are at least 18 years of age, or if you are between the ages of 13 and 17, you have obtained verifiable parental or guardian consent to use this Website;
• You have the legal capacity and authority to enter into this Agreement;
• You will use our Website and services only for lawful purposes and in accordance with these Terms;
• All information you provide to us is accurate, current, and complete.

2. Description of Services

Dave's Hot Chicken is a food service company that provides customers with the ability to browse our menu, place food orders, make reservations, and engage with promotional content through our Website at daveshotchicken-eat.digital. Our services may include, but are not limited to, the following:

• Online Ordering: Users may place orders for food and beverages through our Website or third-party platforms integrated with our service. Orders placed through the Website are subject to availability, preparation times, and applicable delivery or pickup terms.
• Menu Information: We provide detailed menu listings, including descriptions, pricing, allergen information, and nutritional data where available. Menu items are subject to change without prior notice.
• Promotional Offers and Loyalty Programs: We may, from time to time, offer discounts, coupons, promotional deals, or loyalty rewards. These are subject to separate terms and conditions and may be modified or withdrawn at our sole discretion.
• Customer Account Services: Users may register for an account to manage orders, track delivery status, save payment methods, and access personalized offers.
• Contact and Customer Support: We provide customer support through our email address at [email protected] and through other channels listed on our Website.
• Catering and Event Services: We may offer catering services for private events, corporate gatherings, and other occasions. Such services are subject to separate catering agreements and pricing.

Dave's Hot Chicken reserves the right to modify, suspend, or discontinue any aspect of its services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

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

• Provide accurate, truthful, and complete information when creating an account, placing an order, or otherwise interacting with our services;
• Maintain the confidentiality and security of your account credentials, including your username and password;
• Notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account;
• Comply with all applicable federal, state, and local laws and regulations when using our Website and services;
• Respect the intellectual property rights of Dave's Hot Chicken and third parties;
• Use our services in good faith and in a manner consistent with the purpose for which they are provided.

3.2 Prohibited Activities

You expressly agree that you will NOT engage in any of the following prohibited activities:

• Fraudulent Conduct: Using false, misleading, or fraudulent information when creating an account, placing an order, or communicating with us;
• Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website;
• Scraping and Data Mining: Using automated tools, bots, scrapers, crawlers, or similar technologies to extract data, content, or information from the Website without our prior written consent;
• Malicious Code: Uploading, transmitting, or introducing any viruses, malware, spyware, ransomware, or any other malicious or harmful code to the Website;
• Interference: Taking any action that imposes an unreasonable or disproportionately large load on our servers or infrastructure, or that interferes with the proper functioning of the Website;
• Intellectual Property Infringement: Copying, reproducing, modifying, distributing, or creating derivative works of any content, logos, trademarks, or proprietary materials from our Website without express written authorization;
• Harassment and Abuse: Engaging in any conduct that is harassing, abusive, threatening, defamatory, obscene, or otherwise objectionable toward our employees, agents, or other users;
• Resale Without Authorization: Reselling, sublicensing, or commercially exploiting any part of our services or content without prior written consent from Dave's Hot Chicken;
• Misrepresentation: Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Order Abuse: Placing fraudulent orders, repeatedly canceling orders without legitimate cause, or abusing refund and chargeback processes;
• Violation of Law: Using our Website or services for any purpose that violates any applicable federal, state, or local law, including but not limited to laws relating to consumer protection, food safety, privacy, and electronic communications.

Dave's Hot Chicken reserves the right to investigate any suspected violations of these Terms and to take appropriate legal action, including reporting to law enforcement authorities, terminating accounts, and seeking civil remedies as permitted by law.

4. Intellectual Property Rights

All content, materials, features, and functionality available on the Website at daveshotchicken-eat.digital, including but not limited to text, graphics, logos, images, icons, audio clips, video clips, data compilations, software, and the overall design and layout of the Website (collectively, the "Content"), are the exclusive property of Dave's Hot Chicken or its content suppliers and are protected by United States and international intellectual property laws, including copyright, trademark, trade dress, and patent laws.

The Dave's Hot Chicken name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Dave's Hot Chicken or its affiliates. You may not use such marks without the prior written permission of Dave's Hot Chicken. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with our food services. This license does not include the right to:

• Modify or copy the materials;
• Use the materials for any commercial purpose or public display;
• Attempt to decompile or reverse engineer any software contained on the Website;
• Remove any copyright or other proprietary notations from the materials;
• Transfer the materials to another person or "mirror" the materials on any other server.

Any unauthorized use of the Content or the Website terminates the permission or license granted by Dave's Hot Chicken and may violate applicable laws, including copyright and trademark laws.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Prices listed are exclusive of applicable federal, state, and local sales taxes unless otherwise stated. Applicable taxes will be calculated and displayed at checkout prior to order confirmation.

5.2 Payment Methods

Dave's Hot Chicken accepts various payment methods as indicated on the Website at the time of purchase, which may include major credit cards, debit cards, digital wallets, and other payment options. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for all amounts due in connection with your order.

5.3 Order Confirmation

An order placed through our Website constitutes an offer to purchase the selected food items. We reserve the right to accept or decline any order at our sole discretion. Order confirmation via email or on-screen notification does not guarantee acceptance of your order. In the event that an ordered item is unavailable or we are unable to process your order, we will notify you and issue a full refund for any amounts charged.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. Refunds or replacements may be offered at our sole discretion in cases where the food item was incorrect, of unsatisfactory quality, or not delivered as ordered. To request a refund or address a concern, please contact us at [email protected] within 24 hours of receiving your order. Refund decisions will be made in accordance with applicable consumer protection laws, including those enforced by the Federal Trade Commission (FTC) under the FTC Act.

5.5 Chargebacks

If you initiate a chargeback or dispute with your payment provider that we determine to be unwarranted, we reserve the right to suspend or terminate your account and pursue recovery of the disputed amount through all available legal means.

6. Food Safety and Allergen Information

Dave's Hot Chicken takes food safety seriously and complies with all applicable federal, state, and local food safety regulations, including those established by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA). Our menu items are prepared in a kitchen environment that may handle common allergens, including but not limited to gluten, dairy, eggs, peanuts, tree nuts, soy, fish, and shellfish.

While we make reasonable efforts to provide accurate allergen information, we cannot guarantee that any menu item is completely free from allergens due to the possibility of cross-contamination during preparation. If you have a food allergy or dietary restriction, we strongly encourage you to contact us directly at [email protected] before placing an order. Dave's Hot Chicken shall not be liable for any adverse reactions resulting from undisclosed allergen sensitivities.

7. Disclaimers — "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, SERVICES, AND MATERIALS PROVIDED 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.

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, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, Dave's Hot Chicken's warranties are limited to the minimum scope and duration required by applicable law.

8. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES RESULTING FROM ANY THIRD-PARTY CONDUCT OR CONTENT ON THE WEBSITE;
• DAMAGES RESULTING FROM ANY INTERRUPTION OR CESSATION OF SERVICES;

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DAVE'S HOT CHICKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, DAVE'S HOT CHICKEN'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING 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 CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability set forth in this section reflect a reasonable allocation of risk between the parties and form an essential basis of the bargain between you and Dave's Hot Chicken.

9. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken, its parent company, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, licensors, and service providers (collectively, the "Indemnified Parties") 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 access to or use of the Website or services;
• Your violation of these Terms of Service;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any content or information you submit, post, or transmit through the Website;
• Your negligent or intentional misconduct;
• Any misrepresentation made by you in connection with your use of the Website or services.

Dave's Hot Chicken reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without the prior written consent of Dave's Hot Chicken. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Website or services, 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 Dave's Hot Chicken maintains its principal place of business, without regard to its conflict of law provisions.

To the extent that any dispute is not subject to mandatory arbitration as described in Section 11, you consent to the exclusive personal jurisdiction of and venue in the state and federal courts located within the applicable jurisdiction of Dave's Hot Chicken's principal place of business for the purpose of litigating any such dispute. You hereby waive any objection to such jurisdiction and venue.

Dave's Hot Chicken operates in compliance with applicable United States federal law, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which prohibits unfair or deceptive acts or practices in commerce. Additionally, to the extent our operations involve California residents, we comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Dave's Hot Chicken at [email protected] and provide a written description of the dispute, including your name, contact information, the nature of the dispute, and the relief you seek. Dave's Hot Chicken will attempt to resolve the dispute informally within thirty (30) calendar days of receiving your notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution as described below.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims that qualify for small claims court and except as otherwise provided herein, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or services provided by Dave's Hot Chicken shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in the English language and shall take place in the jurisdiction of Dave's Hot Chicken's principal place of business, or via telephone or video conference as mutually agreed by the parties.

The arbitrator shall have authority to award any relief that would be available in a court of law, provided that the arbitrator shall have no authority to award punitive damages beyond what is permitted by applicable law. The arbitrator's decision 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 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, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. Further, unless both you and Dave's Hot Chicken agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

11.4 Exceptions to Arbitration

Notwithstanding the above, the following claims are excluded from binding arbitration: (i) claims seeking emergency injunctive or other equitable relief to protect intellectual property rights; (ii) claims that may not be subject to arbitration under applicable law; and (iii) claims properly brought in small claims court, provided that the matter remains in such court.

12. Term and Termination

12.1 Term

These Terms of Service shall remain in full force and effect for as long as you access or use the Website or services provided by Dave's Hot Chicken.

12.2 Termination by You

You may terminate your use of the Website and services at any time by discontinuing access to the Website and, if applicable, by closing your account by contacting us at [email protected].

12.3 Termination by Dave's Hot Chicken

Dave's Hot Chicken reserves the right, at its sole and absolute discretion, to suspend, restrict, or terminate your access to the Website and services at any time, with or without cause, with or without notice, effective immediately. Grounds for termination may include, but are not limited to:

• Violation of any provision of these Terms of Service;
• Suspected fraudulent, abusive, or illegal activity;
• Receipt of complaints or reports of misconduct from other users or third parties;
• Failure to pay amounts owed to Dave's Hot Chicken;
• At our discretion for any business reason.

12.4 Effect of Termination

Upon termination of your access for any reason, your right to use the Website and services shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

13. Third-Party Links and Services

The Website may contain links to third-party websites, platforms, or services that are not owned or controlled by Dave's Hot Chicken, including but not limited to third-party food delivery platforms, payment processors, and social media networks. Dave's Hot Chicken has no control over and assumes no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services.

You acknowledge and agree that 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 the use of or reliance on any such third-party content, goods, or services available through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

14. Privacy Policy

Your use of the Website 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, share, and protect your personal information in connection with your use of our Website and services. By agreeing to these Terms, you also consent to the practices described in our Privacy Policy. Dave's Hot Chicken complies with applicable federal privacy laws, including those enforced by the FTC, and, where applicable, state privacy laws such as the California Consumer Privacy Act (CCPA/CPRA).

15. Changes to Terms of Service

Dave's Hot Chicken reserves the right to modify, update, or revise these Terms of Service at any time at its sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, for material changes, we may provide additional notice through the Website or by email to registered users.

It is your responsibility to review these Terms periodically to remain informed of any updates. Your continued access to or use of the Website and services after any modifications become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must immediately cease using the Website and services.

We encourage you to check this page regularly at daveshotchicken-eat.digital for the most current version of these Terms.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, 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 such modification is not possible, such provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

The parties agree that any such invalid or unenforceable provision shall be interpreted to give effect to the original intent of the parties to the fullest extent possible under applicable law.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements 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 negotiations, discussions, and agreements, whether oral or written, between you and Dave's Hot Chicken concerning the same subject matter.

No waiver of any term or condition of these Terms by Dave's Hot Chicken shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure by Dave's Hot Chicken to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government restrictions, strikes, labor disputes, civil unrest, wars, terrorism, power outages, internet outages, supply chain disruptions, or any other event constituting force majeure. In such circumstances, Dave's Hot Chicken will use commercially reasonable efforts to resume performance as soon as practicable.

19. Electronic Communications

By using the Website and services, you consent to receive electronic communications from Dave's Hot Chicken, including but not limited to order confirmations, receipts, promotional emails, and notices regarding changes to these Terms or our Privacy Policy. These electronic communications 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 included in such messages or by contacting us at [email protected]. Transactional communications related to your orders and account may not be opted out of while your account remains active.

20. Accessibility

Dave's Hot Chicken is committed to ensuring that our Website is accessible to all users, including individuals with disabilities, in compliance with the Americans with Disabilities Act (ADA) and applicable Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our Website or have concerns about its accessibility, please contact us at [email protected] and we will make reasonable efforts to address your concerns in a timely manner.

21. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you wish to report a violation or request additional information about our services, please contact Dave's Hot Chicken using the information below:

We will make reasonable efforts to respond to all inquiries within five (5) business days. For urgent matters related to food safety or public health, please contact the appropriate local or federal regulatory authority in addition to notifying us.

These Terms of Service were last updated and are effective as of May 22, 2026.