Terms of Service

Effective Date: June 26, 2026  |  Last Updated: June 26, 2026

1. Acceptance of Terms

Welcome to Dave's Hot Chicken ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Dave's Hot Chicken, governing your access to and use of the website located at daveshotchickengo.digital (the "Website"), including all content, features, functionality, online ordering capabilities, and services offered through the Website (collectively, the "Services").

By accessing this Website, placing an order, creating an account, subscribing to newsletters, or otherwise interacting with our digital services, you affirm that:

• You are at least eighteen (18) years of age, or the age of majority in your jurisdiction;
• You have the legal authority to enter into this Agreement;
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference;
• Your use of the Services complies with all applicable federal, state, and local laws.

If you are using the Website on behalf of a business, organization, or other legal entity, you represent and warrant that you are authorized to bind such entity to these Terms, and "you" shall refer to that entity.

2. Description of Services

Dave's Hot Chicken is a food service business operating in the United States. Through our Website at daveshotchickengo.digital, we provide the following services:

2.1 Online Food Ordering

Users may browse our menu and place orders for food and beverages online, including options for pickup and, where available, delivery services. Our menu offerings are subject to change without notice based on availability, seasonality, and operational decisions.

2.2 Menu Information and Nutritional Data

We provide descriptions, pricing, and where available, nutritional and allergen information regarding our food products. While we make reasonable efforts to ensure this information is accurate, it is provided for general informational purposes only. Preparation methods, ingredients, and nutritional content may vary by location and are subject to change.

2.3 Account Registration and Loyalty Programs

We may offer account registration features that allow users to store preferences, track orders, and participate in loyalty or rewards programs. Participation in such programs is subject to additional terms that will be presented at enrollment.

2.4 Promotions and Special Offers

From time to time, we may offer promotions, discounts, or special deals through the Website. These promotions are subject to their own terms and conditions, which will be disclosed at the time of the promotion.

2.5 Customer Communications

With your consent, we may send you marketing communications, newsletters, and promotional offers via email or other digital channels. You may opt out of such communications at any time as described in our Privacy Policy.

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any aspect of the Services at any time without prior notice or liability.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

As a condition of using our Website and Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain and promptly update your account information to keep it accurate and current;
• Maintain the confidentiality of your account credentials and accept responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] if you suspect unauthorized use of your account;
• Use the Website and Services solely for lawful purposes and in a manner consistent with these Terms;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your use of the Services.

3.2 Prohibited Activities

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

We reserve the right to suspend or terminate your access to the Services if you engage in any of the above prohibited activities, and to report such conduct to appropriate law enforcement agencies where warranted.

4. Intellectual Property Rights

4.1 Ownership

All content published and made available on this Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation of all such content (collectively, "Content"), is the exclusive property of Dave's Hot Chicken or its content suppliers and is protected by applicable United States copyright, trademark, trade dress, and other intellectual property laws.

4.2 Trademarks

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

4.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for personal, non-commercial purposes related to your use of our food services. This license does not include the right to:

• Modify, adapt, or create derivative works based on the Content;
• Reproduce, distribute, publicly display, or commercially exploit the Content;
• Use any data mining, robots, or similar data-gathering tools;
• Remove any copyright, trademark, or other proprietary rights notices.

4.4 User-Submitted Content

If you submit reviews, feedback, comments, photographs, or other content to our Website or social media channels associated with Dave's Hot Chicken, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, and distribute such content in any media. You represent and warrant that you have the right to grant such a license and that your submitted content does not infringe upon the rights of any third party.

5. Payment Terms

5.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, fees, or delivery charges, which will be calculated and displayed at checkout prior to order confirmation.

5.2 Order Acceptance

Your placement of an order through our Website constitutes an offer to purchase the selected items. We reserve the right to accept or decline your order at our sole discretion. An order is not confirmed until you receive an order confirmation via email or on-screen notification. We reserve the right to cancel orders due to product unavailability, pricing errors, or suspected fraudulent activity.

5.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed on the Website at the time of checkout. By providing payment information, you represent that you are authorized to use the designated payment method and authorize us to charge the total order amount to your payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has commenced. If you believe there is an error with your order or you received incorrect or unsatisfactory items, please contact us immediately at [email protected]. Refunds or replacements are handled on a case-by-case basis at the Company's discretion and in accordance with applicable consumer protection laws.

5.5 Taxes

You are responsible for all applicable federal, state, and local taxes associated with your purchase. We will collect and remit sales taxes as required by applicable law.

6. Disclaimers and "As-Is" Basis

6.2 Food and Allergen Disclaimer

While we make reasonable efforts to provide accurate ingredient and allergen information, our food products are prepared in facilities that may handle common allergens including, but not limited to, peanuts, tree nuts, milk, eggs, wheat, soy, fish, and shellfish. Cross-contamination is possible. Individuals with food allergies or dietary restrictions should exercise caution and consult with our staff before consuming our products. Dave's Hot Chicken shall not be liable for any allergic reactions or adverse health effects resulting from the consumption of our food products.

6.3 Third-Party Links

The Website may contain links to third-party websites, services, or applications. These links are provided for convenience only. We do not endorse, control, or assume responsibility for the content, privacy practices, or operations of any third-party websites. Your access to and use of third-party websites is at your own risk and subject to those websites' own terms and policies.

6.4 Nutritional Information

Any nutritional, caloric, or dietary information provided on the Website is approximate and intended for general informational purposes only. Such information should not be relied upon as medical or nutritional advice. We recommend consulting a qualified healthcare professional for dietary guidance.

7. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken, and its respective officers, directors, employees, contractors, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your access to or use of the Website and Services;
• Your violation of any provision of these Terms;
• 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 to or through the Website;
• Your negligence or willful misconduct;
• Any disputes between you and a third party arising from your use of our Services.

We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in asserting all available defenses.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their 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 Dave's Hot Chicken's principal place of business is located, without regard to its conflict of law provisions.

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

Nothing in these Terms shall limit our right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact Dave's Hot Chicken at [email protected] and provide a written description of your complaint, including relevant supporting documentation. We will make a good-faith effort to resolve the dispute within thirty (30) calendar days of receiving your notice.

10.2 Binding Arbitration

If informal resolution is unsuccessful, and except as set forth in Section 10.4 below, you and Dave's Hot Chicken agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or the relationship between the parties shall be resolved by final and binding 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 English and shall take place in the United States. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, the following claims shall not be subject to binding arbitration and may be brought in a court of competent jurisdiction:

• Claims relating to intellectual property rights, including trademark or copyright infringement;
• Claims for injunctive or other equitable relief to prevent unauthorized use of the Website;
• Claims that may be brought in small claims court where the amount in controversy falls within the applicable jurisdictional threshold.

10.5 FTC Compliance

Nothing in these Terms shall be construed to limit or restrict any rights you may have under the Federal Trade Commission Act or other applicable federal consumer protection laws. The dispute resolution mechanisms set forth herein are intended to supplement, and not replace, any rights you have under applicable federal law.

11. Term and Termination

11.1 Duration

These Terms shall remain in full force and effect for as long as you access or use the Website and Services. Certain provisions of these Terms shall survive termination, as noted in Section 11.4 below.

11.2 Termination by You

You may terminate your use of the Website and Services at any time by discontinuing access to the Website. If you have a registered account, you may request deletion of your account by contacting us at [email protected]. Please note that termination does not affect obligations or rights that arose prior to termination, including any payment obligations for confirmed orders.

11.3 Termination by Us

We reserve the right, in our sole discretion, to suspend or terminate your access to the Website and Services at any time and for any reason, including without limitation:

• Violation of these Terms or our other policies;
• Suspected fraudulent, abusive, or illegal activity;
• Failure to pay for confirmed orders;
• Technical, security, or operational reasons;
• Discontinuation of the Services or any portion thereof.

We will provide notice of termination where reasonably practicable, but reserve the right to terminate immediately in cases involving security risks, fraud, or violations of law.

11.4 Effect of Termination

Upon termination of these Terms or your access to the Services, the following provisions shall survive and continue in full force and effect: Sections 4 (Intellectual Property Rights), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Law), 10 (Dispute Resolution), and any other provisions that by their nature should survive termination.

12. Changes to Terms

Dave's Hot Chicken reserves the right to modify, revise, update, or replace these Terms at any time at its sole discretion. When we make material changes to these Terms, we will:

• Post the updated Terms on this page with a revised "Last Updated" date;
• Where practicable, provide notice through the Website or via email to registered users;
• Indicate prominently that the Terms have been updated.

Your continued access to or use of the Website following the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree with the revised Terms, your sole remedy is to discontinue use of the Website and Services.

For significant changes that materially affect your rights, we will provide at least thirty (30) days' notice before the new Terms take effect, except where immediate changes are required by law or to address security concerns.

13. Privacy Policy

Your use of the Website 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 information you provide to us or that we collect through your use of the Services. By using the Website, you consent to the data practices described in our Privacy Policy. We encourage you to review our Privacy Policy carefully.

Where applicable, our data practices comply with relevant United States privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as well as the FTC Act's provisions regarding unfair or deceptive acts or practices in commerce.

14. Accessibility

Dave's Hot Chicken is committed to ensuring digital accessibility for all users, including individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience accessibility difficulties when using our Website, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

15. Force Majeure

Dave's Hot Chicken shall not be liable for any delay, failure, or inability to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, power outages, internet disruptions, supply chain failures, or other events of force majeure. In such events, our obligations shall be suspended for the duration of the force majeure event, and we will make reasonable efforts to resume normal operations as soon as practicable.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any additional terms and conditions expressly incorporated by reference, constitute the entire agreement between you and Dave's Hot Chicken with respect to your use of the Website and Services. They supersede all prior and contemporaneous negotiations, discussions, agreements, representations, and understandings, whether written or oral, between the parties relating to the subject matter herein.

17. 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 modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any particular provision shall not affect the remaining provisions of these Terms, which shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

The parties further agree that in the event any provision is found to be unenforceable, the court or arbitrator should give effect to the parties' intentions as reflected in the provision to the greatest extent possible under applicable law.

18. Waiver

No failure or delay by Dave's Hot Chicken in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise of that right or remedy or the exercise of any other right or remedy. No waiver by us of any provision of these Terms shall be effective unless it is in writing and signed by an authorized representative of Dave's Hot Chicken.

19. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without our prior written consent. Any attempted assignment or transfer without such consent shall be null and void. Dave's Hot Chicken may freely assign these Terms and its rights and obligations hereunder without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

20. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, or if you wish to report a potential violation, please contact us using the information below. We are committed to responding to inquiries in a timely and professional manner.

When contacting us regarding a legal matter or dispute, please include "Legal Notice" in the subject line of your email and provide sufficient detail to allow us to identify your concern and respond appropriately. We will acknowledge receipt of your communication within five (5) business days where reasonably practicable.