Terms of Service

Effective Date: May 15, 2026  |  Last Updated: May 15, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Dave's Hot Chicken ("Company," "we," "us," or "our"), the operator of the website located at daves-hotchicken.click (the "Site"). By accessing, browsing, or using our Site, placing an order, creating an account, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, as well as our Privacy Policy, which is incorporated herein by reference.

If you are using this Site on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case, "you" and "your" shall refer to that entity. These Terms apply to all visitors, registered users, customers, and any other individuals who access or use the Site or services in any manner.

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to use this Site. By using the Site, you represent and warrant that you meet this age requirement. Dave's Hot Chicken reserves the right to refuse service to anyone at any time and for any reason permitted by applicable law.

2. Description of Services

Dave's Hot Chicken operates as a food service business offering a variety of hot chicken menu items, including but not limited to chicken tenders, chicken sandwiches, sliders, sides, beverages, and other related food and beverage products (collectively, "Products"). Our services include:

• Online Ordering: Customers may place food orders through our website, daves-hotchicken.click, for pickup, dine-in, or delivery (where available).
• Menu Information: We provide detailed menu listings, including descriptions, pricing, allergen information, and nutritional content to the best of our ability.
• Promotions and Offers: We may from time to time offer promotional discounts, coupons, loyalty rewards, and special pricing through the Site or affiliated platforms.
• Customer Account Management: Users may register for an account to manage orders, track order history, save preferences, and receive personalized communications.
• Third-Party Delivery Integration: We may partner with third-party delivery providers to fulfill delivery orders. Such third-party services are subject to their own separate terms and policies.
• Informational Content: The Site provides general information about our brand, locations, catering services, franchise opportunities, and other relevant business information.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Availability of certain menu items, promotions, and services may vary by location and are subject to change. Not all products or services described on the Site may be available at all locations or at all times.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Site and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or submitting any forms on the Site.
• Maintain and promptly update your account information to ensure it remains accurate and complete.
• Keep your account credentials, including your username and password, confidential and secure.
• Notify us immediately at [email protected] if you suspect any unauthorized access to your account.
• Use the Site and services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
• Comply with all applicable food safety guidelines and health regulations when receiving and consuming our products.
• Take full responsibility for all activities conducted through your account.

3.2 Prohibited Activities

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

• Fraudulent Activity: Submitting false or misleading information, using fraudulent payment methods, placing fraudulent orders, or engaging in any form of deceptive conduct in connection with the Site or services.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, other user accounts, or any systems or networks connected to the Site through hacking, password mining, or any other means.
• System Interference: Uploading, transmitting, or distributing any viruses, malware, spyware, ransomware, or other harmful code designed to interfere with or disrupt the Site or servers.
• Data Scraping: Using automated tools, bots, scrapers, or similar technologies to extract data from the Site without our express written permission.
• Intellectual Property Infringement: Reproducing, distributing, modifying, displaying, or creating derivative works from any content on the Site without prior written consent.
• Harassment and Abuse: Harassing, threatening, intimidating, or engaging in abusive behavior toward our employees, other customers, or any individuals connected with our business.
• Impersonation: Impersonating Dave's Hot Chicken, its employees, partners, affiliates, or any other individual or entity.
• Spam: Sending unsolicited commercial communications or "spam" through any features of the Site.
• Reselling: Purchasing products or services through the Site for the purpose of commercial resale without our express written authorization.
• Violation of Laws: Using the Site or services in any manner that violates any applicable federal, state, or local law, regulation, ordinance, or rule.
• Circumventing Security: Attempting to probe, scan, or test the vulnerability of the Site or circumvent any security or authentication measures.
• Manipulating Reviews: Submitting false, misleading, or incentivized reviews or ratings for our products or services.

Violation of any of the above prohibited activities may result in immediate termination of your account, cancellation of pending orders, and where appropriate, referral to law enforcement authorities. Dave's Hot Chicken reserves all legal and equitable remedies available under applicable law.

4. Intellectual Property Rights

All content, materials, and elements available on or through the Site, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software, and the overall "look and feel" of the Site (collectively, "Content"), are the exclusive property of Dave's Hot Chicken or its licensors and are protected by applicable intellectual property laws, including but not limited to United States copyright laws, trademark laws, trade dress laws, and international conventions.

The Dave's Hot Chicken name, logo, brand marks, slogans, trade dress, and all related product and service names are trademarks or service marks of Dave's Hot Chicken. You are prohibited from using any of these marks without our express prior written permission. Unauthorized use of any trademarks or service marks may constitute trademark infringement and unfair competition under applicable state and federal law.

Subject to these Terms, Dave's Hot Chicken grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, copy, distribute, or publicly display any Content;
• Modify, adapt, translate, or create derivative works based on any Content;
• Use any data mining, robots, or similar data gathering tools;
• Use the Site or Content for any commercial purpose without our written consent;
• Remove, obscure, or alter any proprietary notices, labels, or marks on the Content.

Any unauthorized use of the Content or Site immediately terminates the limited license granted herein. All rights not expressly granted in these Terms are reserved by Dave's Hot Chicken.

5. Online Ordering and Payment Terms

5.1 Orders and Pricing

When you place an order through daves-hotchicken.click, you are making an offer to purchase the selected items at the stated price. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to orders that appear to be fraudulent, placed by automated systems, or that exceed reasonable quantity limits.

Prices displayed on the Site are in U.S. Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes unless explicitly stated. You are responsible for paying all applicable sales taxes, use taxes, and other governmental charges associated with your purchase.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated at checkout. By submitting payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is accurate and complete;
• You authorize us to charge the stated amount to your selected payment method.

All payment transactions are processed through secure third-party payment processors. We do not store complete payment card information on our servers. By using our services, you also agree to the terms and conditions of our applicable payment processors.

5.3 Cancellations and Refunds

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. Cancellation requests must be submitted promptly after order placement and before preparation has commenced. Refund eligibility is determined on a case-by-case basis. If you received an incorrect order, a defective product, or experienced another service failure, please contact us at [email protected] within twenty-four (24) hours of your order to report the issue and request a resolution.

5.4 Promotions and Discount Codes

Promotional offers, discount codes, and loyalty rewards are subject to specific terms and conditions associated with each promotion. Promotions may have expiration dates, minimum purchase requirements, or other restrictions. We reserve the right to modify or terminate any promotion at any time. Promotions cannot be combined unless expressly stated.

6. Food Allergen and Dietary Information

Dave's Hot Chicken makes reasonable efforts to provide accurate allergen and nutritional information on the Site. However, our products are prepared in kitchens that handle common allergens including but not limited to wheat/gluten, dairy, eggs, soy, peanuts, tree nuts, fish, and shellfish. Cross-contamination is possible and cannot be guaranteed against. We strongly advise customers with food allergies or dietary restrictions to consult with our staff directly before ordering and to use their own judgment when 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 products.

7. Third-Party Links and Services

The Site may contain links to third-party websites, platforms, or services, including but not limited to delivery platforms, social media sites, and payment processors. These links are provided for your convenience only. Dave's Hot Chicken does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. Your use of any third-party website or service is at your own risk and is governed by that third party's terms of service and privacy policy. We strongly encourage you to review the terms and privacy policies of any third-party services you access.

8. Disclaimers

9. Limitation of Liability

10. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Dave's Hot Chicken, its affiliates, subsidiaries, parent companies, officers, directors, employees, agents, contractors, licensors, service providers, and successors (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 Site or services;
• Your violation of these Terms or any applicable law, rule, or regulation;
• Your violation of any third-party rights, including any intellectual property rights, privacy rights, or other proprietary rights;
• Any content or information you submit, post, transmit, or make available through the Site;
• Your fraudulent or willful misconduct;
• Any dispute between you and another user or third party;
• Your negligence or intentional misconduct.

Dave's Hot Chicken reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate fully with our defense of such claim. You agree not to settle any matter without the prior written consent of Dave's Hot Chicken.

11. Governing Law and Jurisdiction

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

To the extent permitted by law, any legal action or proceeding arising out of or relating to these Terms or your use of the Site that is not subject to mandatory arbitration (as described in Section 12 below) shall be brought exclusively in the federal or state courts located in the United States having appropriate jurisdiction. You hereby irrevocably consent to personal jurisdiction in such courts and waive any objection that such courts are an inconvenient forum.

These Terms and the relationship between you and Dave's Hot Chicken shall also be subject to applicable federal laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) governing unfair or deceptive acts and practices, applicable provisions of the California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) and California Privacy Rights Act where applicable, and all other applicable federal consumer protection statutes and regulations.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site ("Dispute") informally by contacting Dave's Hot Chicken at [email protected]. You and Dave's Hot Chicken agree to make a good faith effort to resolve the Dispute within thirty (30) days of the date of written notice describing the nature of the Dispute. If the Dispute is not resolved within this period, either party may proceed to binding arbitration as described below.

12.2 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, you and Dave's Hot Chicken agree that any Dispute shall be resolved by binding, confidential arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

The arbitrator shall have the authority to award any remedy that would be available in a court of law, including injunctive and declaratory relief, except that the arbitrator shall not have authority to award punitive damages except where expressly authorized by applicable statute. The parties shall each bear their own costs and fees in arbitration, except that we will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with these Terms, unless the arbitrator determines the claim is frivolous or brought in bad faith.

12.3 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 ACTION OR REPRESENTATIVE PROCEEDING. 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 representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

12.4 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes that qualify under applicable small claims court rules. Either party may also seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or other irreparable harm pending the outcome of arbitration.

13. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or maintain an account with us. You may terminate your account at any time by contacting us at [email protected] and requesting account deletion.

Dave's Hot Chicken reserves the right, in its sole and absolute discretion, to:

• Suspend or terminate your account and access to the Site at any time, with or without cause, and with or without notice;
• Cancel any pending orders associated with a terminated account, subject to applicable refund policies;
• Take any other action we deem necessary or appropriate to protect the integrity of the Site and our services.

Upon termination of your account or access to the Site for any reason:

• Your right to use the Site and services immediately ceases;
• We may delete or deactivate your account and all associated information;
• Any outstanding obligations or liabilities incurred prior to termination shall survive;
• Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4, 7, 8, 9, 10, 11, 12, and 13.

14. Changes to Terms

Dave's Hot Chicken reserves the right to modify, update, revise, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where required by applicable law, provide additional notice such as a prominent notification on the Site or an email to registered users.

Your continued access to or use of the Site after any modifications to these Terms become effective constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any changes. If you do not agree to the modified Terms, you must immediately discontinue use of the Site and services.

We may also, in the future, offer new features, tools, or resources through the Site. Any new features shall be subject to these Terms, as may be amended from time to time.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any 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 failure of Dave's Hot Chicken to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision. The waiver of any such right or provision shall be effective only if it is in writing and signed by a duly authorized representative of Dave's Hot Chicken.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Dave's Hot Chicken on the Site, constitute the entire agreement between you and Dave's Hot Chicken with respect to your use of the Site and services, and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties regarding the subject matter herein. No oral representations, warranties, or agreements made by either party that are not reflected in these Terms shall be binding.

17. Electronic Communications and Notices

By using the Site and creating an account, you consent to receive electronic communications from Dave's Hot Chicken. These communications may include notices about your account, order confirmations, promotional materials, and other information. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically via email or posted on the Site 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 each such communication or by contacting us directly. Please note that even if you opt out of promotional communications, we may still send you transactional and account-related communications.

18. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performance 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, earthquakes, floods, pandemics, epidemics, fires, wars, terrorist acts, riots, civil disturbances, governmental actions or regulations, labor disputes, power failures, internet or telecommunications disruptions, or any other event beyond our reasonable control (collectively, "Force Majeure Events"). In the event of a Force Majeure Event, our obligations under these Terms shall be suspended for the duration of the Force Majeure Event, and we shall not be liable for any resulting loss, damage, or inconvenience.

19. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or any aspect of our services, please contact us using the following information:

We will make commercially reasonable efforts to respond to all inquiries within a reasonable timeframe. For time-sensitive matters such as order issues, we recommend contacting us by email for the fastest response.

These Terms of Service were last updated on May 15, 2026, and are effective as of that date. Dave's Hot Chicken reserves all rights not expressly granted herein.