Terms of Service

Effective Date: May 17, 2026  |  Last Updated: May 17, 2026

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"), governing your access to and use of the website daves-hotchicken.top (the "Website"), as well as any related services, products, content, and features offered through the Website or at our physical or virtual locations (collectively, the "Services").

By using our Website, placing an online order, subscribing to communications, or otherwise engaging with our Services, you affirm that:

• You are at least 18 years of age, or you are at least 13 years of age and have obtained verifiable parental or legal guardian consent;
• You have the legal authority and capacity to enter into this Agreement;
• You will comply with all applicable local, state, and federal laws in connection with your use of our Services;
• All information you provide to us is accurate, current, and complete.

If you are accessing or using the Services 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, and references to "you" in these Terms shall include both you and such entity.

2. Description of Services

Dave's Hot Chicken is a food service business operating in the United States. Our Services include, but are not limited to, the following:

• Online Ordering: The ability for customers to browse our menu, customize orders, and place food orders for pickup or delivery through our Website or authorized third-party delivery platforms;
• Menu Information: Detailed descriptions, pricing, nutritional information, and imagery of our food products;
• Promotional Communications: Email newsletters, special offers, loyalty programs, and other marketing communications (subject to opt-in/opt-out preferences);
• Customer Support: Assistance with orders, complaints, feedback, and general inquiries via phone or email;
• In-Restaurant Dining: Services provided at any physical Dave's Hot Chicken locations, which are also subject to these Terms to the extent applicable;
• Digital Content: Blog posts, recipes, photos, videos, and other content published on our Website for informational and promotional purposes.

We reserve the right to modify, suspend, discontinue, or restrict any aspect of our Services at any time, with or without notice, and without liability to you. We may also introduce new features, products, or services, which will be subject to these Terms unless separate terms are provided.

Availability of menu items, pricing, and promotional offers may vary by location and are subject to change without prior notice. We do not guarantee that any particular item will be available at any given time.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, truthful, and complete information when creating an account, placing an order, or otherwise interacting with our Services;
• Keep your account credentials (if applicable) confidential and immediately notify us of any unauthorized access or use of your account;
• Use the Website and Services only for lawful purposes and in accordance with these Terms;
• Respect the intellectual property rights of Dave's Hot Chicken and all third parties;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances;
• Treat our staff, representatives, and other customers with respect and dignity at all times.

3.2 Prohibited Activities

You are expressly prohibited from engaging in any of the following activities in connection with your use of our Website or Services:

• Using the Website for any fraudulent, deceptive, or unlawful purpose;
• Impersonating any person or entity, including Dave's Hot Chicken or its employees, representatives, or affiliates;
• Attempting to gain unauthorized access to any portion of the Website, our servers, databases, or any systems connected to the Website;
• Interfering with or disrupting the integrity, security, or performance of the Website or its underlying infrastructure;
• Uploading, transmitting, or distributing any viruses, malware, spyware, ransomware, or other harmful code;
• Scraping, crawling, data mining, or otherwise extracting data from the Website without our express written consent;
• Using automated tools, bots, scripts, or other mechanisms to access or interact with the Website without authorization;
• Reproducing, duplicating, copying, selling, reselling, or exploiting any part of the Website or Services for commercial purposes without our prior written consent;
• Submitting false, misleading, or defamatory reviews, feedback, or content;
• Engaging in any conduct that could damage, disable, overburden, or impair our Website or servers;
• Collecting or harvesting any personally identifiable information from the Website without authorization;
• Attempting to circumvent any security features, access controls, or technological protection measures on the Website;
• Placing fraudulent orders, engaging in chargebacks abuse, or otherwise attempting to obtain goods or services without proper payment;
• Using our branding, trademarks, or logos without prior written authorization.

We reserve the right to investigate and take appropriate legal action against any person who, in our sole discretion, violates any of the above prohibitions, including reporting such conduct to law enforcement authorities and seeking civil remedies.

4. Intellectual Property Rights

All content, materials, and features available on the Website, including but not limited to text, graphics, photographs, images, logos, trade names, trademarks, service marks, audio and video clips, software, code, design elements, and the overall look and feel of the Website (collectively, "Intellectual Property"), are the exclusive property of Dave's Hot Chicken or its licensors and are protected under applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content solely for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

• Download or copy any content (other than page caching for personal use);
• Modify or create derivative works based on our content;
• Publicly display, perform, distribute, or reproduce our content;
• Use our trademarks, service marks, or logos without explicit written permission;
• Remove, alter, or obscure any proprietary notices, labels, or markings on our content.

Any unauthorized use of our Intellectual Property may violate copyright, trademark, unfair competition, and other laws, and could result in criminal or civil penalties. All rights not expressly granted herein are reserved by Dave's Hot Chicken.

If you believe that any content on our Website infringes your copyright or other intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement. We will investigate and respond in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

When you place an order through our Website or through authorized third-party platforms, you agree to pay all applicable charges, including the price of the food items ordered, applicable taxes, delivery fees, service charges, and any other fees disclosed at the time of ordering.

5.1 Accepted Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. By submitting your payment information, you represent and warrant that you are authorized to use the payment method provided and authorize us to charge your selected payment method for the total amount of your order.

5.2 Pricing and Taxes

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes will be calculated and added to your order total at checkout in accordance with applicable state and local tax laws. You are responsible for any taxes applicable to your purchase.

5.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. If you experience an issue with your order (e.g., incorrect items, missing items, quality concerns), please contact us within a reasonable time of receiving your order. Refunds or replacements will be issued at our sole discretion on a case-by-case basis. Refunds, if approved, will be processed to the original payment method within 5–10 business days, subject to your financial institution's processing times.

5.4 Fraud Prevention

We reserve the right to refuse, cancel, or hold any order for review if we suspect fraudulent activity, unauthorized use of a payment method, or any violation of these Terms. In such cases, we may contact you to verify your identity or payment information before proceeding with or canceling your order.

6. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT 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, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES.

Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, our warranties are limited to the maximum extent permitted by applicable law.

Nutritional information, allergen details, and ingredient descriptions provided on our Website are for general informational purposes only and may not be completely accurate at all times due to variations in preparation, suppliers, and locations. If you have food allergies, dietary restrictions, or health conditions, please contact us directly before ordering, and consult with a qualified healthcare professional as appropriate.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAVE'S HOT CHICKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, FRANCHISEES, LICENSORS, SUPPLIERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OUR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
• ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES;

EVEN IF DAVE'S HOT CHICKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OUR SERVICES 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).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in their entirety. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

8. Indemnification

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

• Your use of or access to the Website or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable local, state, or federal law, regulation, or ordinance;
• Your infringement of any intellectual property or other rights of any third party;
• Any content you submit, post, or transmit through our Website;
• Your negligence, willful misconduct, or fraudulent activity;
• Any dispute between you and a third party arising from your use of our Services.

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. You agree to cooperate with our defense of such claims. You will not settle any such claim without our prior written consent.

9. Food Safety and Allergen Notice

Dave's Hot Chicken takes food safety seriously and strives to comply with all applicable federal and state food safety regulations, including guidelines issued by the U.S. Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA).

Our food products are prepared in facilities that handle common allergens including, but not limited to, peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish. Cross-contamination may occur during food preparation. If you have a known food allergy or sensitivity, we strongly recommend that you contact us directly before placing an order to discuss your specific dietary needs. Dave's Hot Chicken shall not be liable for any allergic reactions or adverse health effects resulting from the consumption of our food products where you have not disclosed your allergy information to us prior to ordering.

Consuming raw or undercooked meats, poultry, seafood, or eggs may increase your risk of foodborne illness. This notice applies particularly to individuals who are pregnant, elderly, or immunocompromised.

10. Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, delivery services, or applications (such as DoorDash, Uber Eats, Grubhub, or other food delivery partners) that are not owned or controlled by Dave's Hot Chicken. These links are provided for your convenience only and do not constitute an endorsement, sponsorship, or recommendation by us.

We have no control over and assume no responsibility for the content, privacy policies, practices, or terms of any third-party websites or services. We encourage you to review the terms of service and privacy policies of any third-party platforms you use in connection with our Services. Your use of third-party services is at your own risk and is subject to those third parties' own terms and conditions.

11. Privacy and Data Protection

Your use of our 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, disclose, and protect your personal information. By using our Services, you consent to our collection and use of your information as described in the Privacy Policy.

To the extent you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for more information about your California privacy rights.

We are committed to protecting your privacy and will never sell your personal information to third parties without your explicit consent, except as otherwise described in our Privacy Policy or required by applicable law.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and applicable state laws, without regard to any conflict of law principles that would require the application of the laws of another jurisdiction.

Any legal action, suit, or proceeding arising out of or relating to these Terms or your use of our Services that is not subject to binding arbitration (as described in Section 13) shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby consent to the personal jurisdiction and venue of such courts.

These Terms are subject to and shall be interpreted in compliance with applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), which prohibits unfair or deceptive acts or practices in commerce. Nothing in these Terms shall be construed to limit any rights you may have under applicable consumer protection laws.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Dave's Hot Chicken informally by sending a written notice to [email protected] describing the nature of the dispute and the relief sought. We will attempt in good faith to resolve the dispute within thirty (30) calendar days of receiving your notice. If the dispute is not resolved within that period, either party may proceed with the formal dispute resolution process outlined below.

13.2 Binding Arbitration

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

Except for disputes that qualify for small claims court and claims relating to intellectual property infringement, you and Dave's Hot Chicken agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services shall be resolved exclusively through 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 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.

13.3 Class Action Waiver

YOU AND DAVE'S HOT CHICKEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. Further, unless both you and Dave's Hot Chicken agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or consolidated proceeding.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or Services. We reserve the right, in our sole discretion, to:

• Suspend or terminate your access to the Website or Services at any time, with or without cause, and with or without notice;
• Refuse service to any person for any lawful reason;
• Remove or restrict access to any content, features, or functionality of the Website.

You may discontinue your use of our Services at any time. Upon termination of your account or cessation of use, the following provisions shall survive: Sections 4 (Intellectual Property), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), 12 (Governing Law), 13 (Dispute Resolution), and any other provision that by its nature should survive termination.

Termination of your access shall not relieve you of any obligations or liabilities that accrued prior to such termination, nor limit any rights or remedies available to Dave's Hot Chicken.

15. Changes to These Terms

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

• Update the "Last Updated" date at the top of this page;
• Post the revised Terms on our Website at daves-hotchicken.top;
• Where required by applicable law or where we deem it appropriate, notify registered users via email or by a prominent notice on our Website.

Your continued use of the Website or Services after any such changes are posted constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must immediately discontinue your use of our Website and Services. We encourage you to review these Terms periodically to stay informed about your rights and obligations.

16. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, unenforceable, or in conflict with any applicable law or regulation, such provision shall be deemed severed from these Terms. The remaining provisions shall continue in full force and effect and shall be interpreted to give maximum effect to the original intent of the parties. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.

In the event that a provision is found to be invalid or unenforceable, the court or arbitrator is authorized to modify such provision to the minimum extent necessary to make it valid and enforceable, while preserving the original intent of the parties to the greatest extent possible.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines posted on our Website, constitute the entire agreement between you and Dave's Hot Chicken with respect to the subject matter hereof and supersede all prior or contemporaneous communications, agreements, representations, and understandings, whether written or oral, relating to such subject matter.

No failure or delay by Dave's Hot Chicken in exercising any right, power, or remedy shall operate as a waiver of that right, power, or remedy. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default of the same or similar nature.

18. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performance of our obligations under these Terms to the extent 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 restrictions, war, terrorism, labor disputes, power outages, internet service provider failures, supply chain disruptions, or any other event constituting force majeure. In such cases, 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.

19. Electronic Communications

By using our Website or Services, you consent to receive electronic communications from Dave's Hot Chicken. These communications may include order confirmations, promotional emails, notices, and other information. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, to the extent permitted by applicable law.

You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions contained in any promotional email, or by contacting us directly at [email protected]. Please note that even if you opt out of marketing communications, we may still send you transactional emails related to your orders or account.

20. Contact Information

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

We will make every effort to respond to your inquiry promptly and in a professional manner. For urgent matters related to food safety or potential health risks, please contact the appropriate local, state, or federal health authorities in addition to contacting us.