Terms of Service

Please read these Terms of Service carefully before using the website daveshotdelivery.click or placing any order through our platform. By accessing or using our website and services, you agree to be legally bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our website or services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Dave's Hot Chicken ("Company," "we," "us," or "our"), the operator of the website located at daveshotdelivery.click (the "Website").

By accessing, browsing, or using this Website in any manner — including but not limited to viewing menu items, placing orders, creating an account, or contacting us through any digital channel — you acknowledge that:

• You have read, understood, and agree to be bound by these Terms of Service;
• You are at least 18 years of age, or if you are between the ages of 13 and 17, you are using the Website under the supervision and with the consent of a parent or legal guardian who agrees to these Terms;
• You have the legal capacity and authority to enter into this Agreement;
• Your use of the Website is not prohibited by any applicable law or regulation in your jurisdiction.

If you are accessing or using this Website on behalf of a business entity or other legal organization, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to "you" shall apply to both you individually and that entity.

We reserve the right to update, modify, or replace any part of these Terms at any time. Continued use of the Website after changes are posted constitutes your acceptance of the revised Terms. It is your responsibility to check this page periodically for changes.

2. Description of Services

Dave's Hot Chicken operates as a food service business offering hot chicken meals, sandwiches, tenders, sides, and related food and beverage items through our Website. Our services include, but are not limited to, the following:

• Online Ordering: Customers may browse our digital menu, customize their orders, and place food orders for delivery or pickup through our Website.
• Delivery Services: We offer food delivery to eligible addresses within our designated service area. Delivery availability, fees, and estimated times are subject to change based on location, demand, and operational capacity.
• Pickup Services: Customers may place orders online for in-store or curbside pickup at participating locations.
• Account Management: Users may create personal accounts to manage order history, save preferences, and streamline the ordering process.
• Customer Support: We provide support services to assist customers with inquiries related to orders, menu items, billing, and general service-related questions.
• Promotional Offers: From time to time, we may offer coupons, discounts, loyalty rewards, or promotional codes subject to specific terms and conditions.

We reserve the right to modify, suspend, discontinue, or restrict any aspect of our services at any time without prior notice or liability to you. Service availability may vary based on geographic location, time of operation, and staffing levels. We make no guarantee that any specific menu item will be available at any given time.

All food items are prepared in facilities that may handle common allergens including nuts, dairy, gluten, eggs, shellfish, and soy. Customers with food allergies or dietary restrictions should contact us directly before placing an order and should do so at their own risk. We cannot guarantee an allergen-free environment.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of this Website and our services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or contacting us;
• Maintain the security of your account credentials and notify us immediately of any unauthorized use of your account;
• Use the Website solely for lawful, personal, and non-commercial purposes unless expressly authorized by us in writing;
• Comply with all applicable local, state, and federal laws and regulations when using our Website and services;
• Provide a valid and deliverable address when placing delivery orders;
• Be present at the designated delivery address or pickup location at the agreed time;
• Pay all charges, fees, and taxes associated with your orders in a timely manner.

3.2 Prohibited Activities

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

• Using the Website for any fraudulent, deceptive, or unlawful purpose;
• Attempting to gain unauthorized access to any part of the Website, server, or any connected system;
• Introducing viruses, malware, spyware, Trojan horses, or any other harmful code into the Website;
• Using any automated tools such as bots, scrapers, crawlers, or data mining software to extract content from the Website without our written consent;
• Impersonating any individual, entity, or Dave's Hot Chicken employee in communications or transactions;
• Submitting false, misleading, or defamatory reviews, feedback, or information about our products or services;
• Attempting to reverse-engineer, decompile, or disassemble any software associated with this Website;
• Using the Website to transmit unsolicited commercial communications (spam) or harass, threaten, or harm other users or our employees;
• Reselling, sublicensing, or commercially exploiting our services, menu items ordered through the Website, or any content found thereon without express authorization;
• Circumventing or attempting to circumvent any security or access controls on the Website;
• Placing orders with no intention of payment or with stolen payment information;
• Violating the intellectual property rights of Dave's Hot Chicken or any third party.

We reserve the right to investigate and, where appropriate, report any suspected illegal activities to applicable law enforcement agencies. Violation of these prohibited activities may result in immediate termination of your account and access to our services, without refund.

4. Intellectual Property Rights

All content published and made available on this Website is the property of Dave's Hot Chicken or its respective licensors and is protected under applicable United States intellectual property laws, including but not limited to the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state trademark and trade dress laws.

The following materials are protected by intellectual property law and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose without the prior written consent of Dave's Hot Chicken:

• The "Dave's Hot Chicken" name, logos, slogans, and brand identity;
• Website design, layout, graphics, photographs, and audiovisual elements;
• Menu descriptions, food photography, promotional materials, and marketing content;
• Proprietary software, source code, and databases underlying the Website;
• Any other content that bears intellectual property notices or designations.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for the purpose of placing orders and using our services for your personal, non-commercial benefit. This license does not include any right to:

• Download or copy any content from the Website for commercial use;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Reproduce or modify any intellectual property belonging to Dave's Hot Chicken;
• Create derivative works based upon our Website content or branding.

Any unauthorized use of our intellectual property may subject you to civil and criminal penalties under applicable United States law. We actively monitor our content and will pursue legal remedies against infringing parties to the fullest extent permitted by law.

5. Payment Terms

5.1 Pricing and Charges

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without prior notice. Applicable sales taxes, delivery fees, service fees, and gratuity (where applicable) will be calculated and displayed at checkout before you confirm your order. You are responsible for paying all charges associated with your order, including all taxes and fees required by law.

5.2 Payment Methods

We accept major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as displayed on the Website at the time of checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the total order amount to that payment method.

5.3 Order Confirmation

An order is not confirmed until you receive an order confirmation email or notification from us. We reserve the right to cancel or refuse any order at our sole discretion, including in cases of suspected fraud, payment failure, out-of-stock items, or errors in pricing.

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 begun. If you believe you have received an incorrect, incomplete, or unsatisfactory order, you must contact us within 24 hours of receipt at [email protected]. We will review your complaint and may, at our sole discretion, offer a refund, credit, or replacement. Chargebacks initiated without first contacting us may result in account suspension.

5.5 Promotional Codes and Discounts

Promotional codes and discount offers are subject to their own specific terms and conditions, are valid for a limited time, and may not be combined with other offers unless expressly stated. We reserve the right to modify or revoke any promotional offer at any time without liability.

6. Disclaimer of Warranties

YOUR USE OF THIS WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAVE'S HOT CHICKEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• ANY WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• ANY WARRANTY THAT FOOD PRODUCTS WILL MEET YOUR SPECIFIC DIETARY REQUIREMENTS OR EXPECTATIONS.

The Website and all content, products, and services provided through it are offered on an "AS IS" and "AS AVAILABLE" basis. We make no representations or warranties that the Website will be available at any particular time, that defects will be corrected, or that the Website or the servers that make it available are free of viruses or other harmful components.

Nothing in this section shall exclude or limit any warranty that cannot be excluded or limited under applicable United States federal or state law, including consumer protection laws.

7. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF OUR WEBSITE OR SERVICES, EXCEPT WHERE CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• DAMAGES ARISING FROM ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• DAMAGES ARISING FROM ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.

IN ALL CASES, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00), OR (B) THE TOTAL AMOUNT PAID BY YOU TO DAVE'S HOT CHICKEN IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so some of the above limitations may not apply to you. In such cases, our liability will 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 officers, directors, employees, agents, licensors, suppliers, 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 of Service;
• Your use or misuse of the Website or services;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property or privacy rights;
• Any content you submit, post, transmit, or make available through the Website;
• Your negligent or willful misconduct;
• Any dispute between you and a third party related to your use of our services;
• Any false or misleading information provided by you during the order process.

We reserve the right, at your expense, to assume the 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 our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

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 our primary business operations are located, without regard to any conflict of law provisions.

You agree that any legal action or proceeding arising under or relating to these Terms of Service shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. You hereby irrevocably consent to personal jurisdiction and venue in such courts and waive any objection to the laying of venue in such courts.

To the extent applicable, your use of our Website and services may also be subject to the following federal laws and regulations:

• Federal Trade Commission Act (15 U.S.C. § 45): Governing unfair or deceptive acts and practices in commerce;
• Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.): Governing interception of electronic communications;
• Computer Fraud and Abuse Act (18 U.S.C. § 1030): Governing unauthorized computer access;
• CAN-SPAM Act (15 U.S.C. § 7701 et seq.): Governing commercial electronic mail messages;
• California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA): To the extent applicable based on user location and applicable thresholds.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Dave's Hot Chicken at [email protected] and provide a written description of your dispute, the relief you are seeking, and your contact information. The parties agree to make a good-faith effort to resolve the dispute informally within thirty (30) days of receipt of such notice. If the dispute cannot be resolved informally within that period, either party may proceed to the dispute resolution methods described below.

10.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR YOUR USE OF THE WEBSITE OR SERVICES, SHALL BE DETERMINED BY MANDATORY BINDING ARBITRATION.

Arbitration shall be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA) or JAMS, as mutually agreed upon by the parties. The arbitration shall be conducted in English and shall take place in the United States. 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 PARTY 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 parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.

10.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent imminent harm to intellectual property rights, confidential information, or any other rights for which monetary damages would be an inadequate remedy, pending the resolution of the dispute through arbitration.

11. Term and Termination

11.1 Term

These Terms of Service shall remain in full force and effect for as long as you access or use this Website or maintain an account with Dave's Hot Chicken.

11.2 Termination by You

You may terminate your account and discontinue use of our Website at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment for outstanding orders.

11.3 Termination by Us

We reserve the right, in our sole discretion and without prior notice or liability, to suspend or terminate your access to the Website and services, in whole or in part, for any reason, including but not limited to:

• Violation of these Terms of Service or our policies;
• Suspected fraudulent, abusive, or illegal activity;
• Failure to pay for orders;
• Conduct that we determine, in our sole discretion, is harmful to other users, our employees, or our business;
• Requests from law enforcement or regulatory authorities;
• Extended periods of account inactivity.

11.4 Effect of Termination

Upon termination of your account or access, all rights granted to you under these Terms will immediately cease. The following sections shall survive any termination: Intellectual Property Rights, Payment Terms, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination.

12. Changes to Terms

We reserve the right to revise and update these Terms of Service at any time and at our sole discretion. All changes are effective immediately upon posting to the Website, and the "Last Updated" date at the top of this page will reflect the most recent revision.

We will make reasonable efforts to notify you of material changes through one or more of the following methods:

• Posting a prominent notice on our Website;
• Sending an email notification to the address associated with your account;
• Displaying an in-app or on-site notification upon your next login.

Your continued use of the Website or services following the posting of revised Terms constitutes your acknowledgment of the changes and your agreement to be bound by the updated Terms. If you do not agree to the revised Terms, you must discontinue your use of the Website and our services and, if applicable, close your account.

We encourage you to review these Terms of Service periodically to stay informed about our policies and any updates that may affect your rights and obligations.

13. Privacy Policy

Your use of our 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, store, and share your personal information in connection with your use of the Website and services. By agreeing to these Terms, you also acknowledge and agree to the terms of our Privacy Policy. We encourage you to review our Privacy Policy in full at daveshotdelivery.click.

To the extent applicable, our data practices comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including your rights to access, delete, opt out of the sale of, and correct personal information as applicable.

14. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or platforms that are not owned or controlled 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. We do not warrant the offerings of any third-party entity or their websites.

Your interactions with third-party websites are governed by their own terms and privacy policies. We encourage you to review the terms and privacy policies of any third-party sites you visit. We shall not be held liable for any damages or losses arising from your use of any third-party websites or services accessed through links on our Website.

We may also use third-party service providers to facilitate aspects of our service, including payment processing, delivery logistics, and analytics. These providers operate under their own terms and are bound by data protection agreements with us.

15. Food Safety and Allergen Notice

Dave's Hot Chicken takes food safety seriously and strives to prepare all items in accordance with applicable food safety regulations under the United States Food and Drug Administration (FDA) guidelines and applicable state and local health department requirements. However, we cannot guarantee that any menu item is completely free from allergens.

Our kitchen facilities handle products containing peanuts, tree nuts, dairy, gluten/wheat, eggs, soy, fish, and shellfish. Cross-contamination is possible. Customers with severe food allergies are strongly advised to consult with a healthcare professional before ordering and to contact us directly at [email protected] with specific dietary inquiries. Dave's Hot Chicken shall not be liable for any allergic reactions or adverse health events resulting from consumption of our food products unless caused by our gross negligence.

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 void for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be deemed severed from these Terms.

The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect as if such invalid, illegal, or unenforceable provision had never been included.

The parties agree that a court or arbitrator should endeavor to give effect to the parties' original intentions as reflected in the invalidated provision to the greatest extent legally possible.

17. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us 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 communications, agreements, representations, and understandings, whether written or oral, relating to the subject matter hereof.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if made in writing and signed by an authorized representative of Dave's Hot Chicken. A waiver of any particular provision shall not be construed as a waiver of any other provision, nor shall it be construed as a continuing waiver.

18. Force Majeure

Dave's Hot Chicken shall not be held liable or responsible for any failure or delay in the performance of our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, earthquake, war, terrorism, civil unrest, governmental action, labor disputes, power outages, internet disruptions, or failures of third-party service providers.

In the event of a force majeure event, we will make reasonable efforts to notify you and resume normal operations as soon as practicable. During such events, any affected orders may be cancelled or delayed, and we will work to provide appropriate remedies where feasible.

19. Electronic Communications

By using our Website and services, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of promotional communications at any time by clicking the "unsubscribe" link in any promotional email or by contacting us at [email protected]. Please note that opting out of promotional communications will not affect our ability to send you transactional emails related to your orders and account.

20. Contact Information

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

We are committed to addressing your questions and concerns in a timely and professional manner. For the fastest response, please reach out via email, and include a clear description of your inquiry along with your order number (if applicable).