Terms of Service

Effective Date: July 2, 2026  |  Last Updated: July 2, 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"), governing your access to and use of the website located at daveshotchickengo.top (the "Site"), as well as any related online ordering platforms, mobile applications, services, features, content, or functionality offered by Dave's Hot Chicken (collectively, the "Services").

By visiting the Site, placing an order, creating an account, subscribing to any promotional communications, or otherwise engaging with our Services in any manner, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or if under 18, you are using the Site under the supervision and with the consent of a parent or legal guardian who agrees to these Terms on your behalf;
• You have the legal authority and capacity to enter into this Agreement;
• Your use of the Services complies with all applicable local, state, and federal laws of the United States.

If you are using the Services 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, in which case "you" and "your" shall refer to that entity.

2. Description of Services

Dave's Hot Chicken is a food service business operating within the United States. Through our Site and associated platforms, we provide the following services:

• Online Food Ordering: Customers may browse our menu and place orders for pickup or delivery through our Site or integrated third-party ordering platforms.
• Menu Information: We provide detailed information about our food offerings, including ingredients, allergen disclosures, pricing, and nutritional guidance to the extent available.
• Promotional Offers and Loyalty Programs: We may offer discounts, promotional codes, loyalty rewards, or special deals to registered users and newsletter subscribers.
• Customer Support: We provide customer support via email and other available communication channels to assist with inquiries, complaints, or order issues.
• Content and Information: We publish informational content about our brand, locations, food preparation methods, and company news.

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

3. User Obligations and Prohibited Activities

3.1 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 or placing an order;
• Maintain the confidentiality of your account credentials and promptly notify us of any unauthorized use of your account;
• Use the Services solely for lawful purposes and in compliance with all applicable United States federal and state laws and regulations;
• Not misrepresent your identity or affiliation with any person or organization;
• Promptly update your account information to keep it accurate and current;
• Take full responsibility for all activities conducted under your account.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities while using the Site or Services:

• Fraudulent Conduct: Submitting false, inaccurate, or misleading orders, payment information, or personal details; engaging in any form of fraud, including chargebacks without legitimate dispute.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, its servers, databases, or connected systems; circumventing any security measures implemented on the Site.
• Data Scraping and Harvesting: Using automated tools, bots, scrapers, spiders, or similar technologies to collect data from the Site without express written permission.
• Interference: Introducing malware, viruses, Trojan horses, ransomware, or any other harmful or malicious code to the Site or its infrastructure.
• Intellectual Property Violations: Reproducing, copying, modifying, distributing, or creating derivative works from any content on the Site without prior written authorization.
• Spam and Unsolicited Communications: Using contact information obtained through the Site to send unsolicited commercial messages, spam, or phishing communications.
• Abusive Conduct: Harassing, threatening, defaming, or abusing our employees, representatives, or other users in any manner.
• Circumventing Promotions: Exploiting promotional codes, discount offers, or loyalty rewards in a manner not intended, including creating multiple accounts to benefit from single-use promotions.
• Resale Without Authorization: Purchasing food or related products through our platform for unauthorized commercial resale.
• Violation of Applicable Law: Using the Services in a manner that violates any applicable federal, state, or local laws, including but not limited to the Federal Trade Commission Act, the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the CAN-SPAM Act, or any applicable state consumer protection statutes.

Dave's Hot Chicken reserves the right to suspend or terminate your access to the Services immediately and without notice if we reasonably believe you have violated any of the above prohibitions.

4. Intellectual Property Rights

All content available on or through the Site, including but not limited to text, graphics, logos, icons, photographs, images, audio clips, video, digital downloads, data compilations, and software, is the exclusive property of Dave's Hot Chicken or its content suppliers and is protected under applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and the Lanham Act (15 U.S.C. § 1051 et seq.).

The Dave's Hot Chicken name, logo, trade dress, and all related marks, product names, and slogans are trademarks or registered trademarks of Dave's Hot Chicken. You may not use any of these marks without our prior written consent. Nothing in these Terms grants you any right or license to use our trademarks, trade names, service marks, or trade dress.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content solely for your personal, non-commercial use in connection with accessing our Services. This license does not include:

• Any resale or commercial use of the Site or its contents;
• Any collection and use of product listings, descriptions, or pricing for competitive or commercial purposes;
• Any downloading or copying of account information for another party's benefit;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of our intellectual property terminates the license granted herein and may constitute an infringement of applicable intellectual property laws, subjecting you to civil and criminal penalties.

If you believe any content on the Site infringes your copyright, please contact us at [email protected] with a detailed notice consistent with the requirements of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales tax, delivery fees, service charges, or gratuities unless explicitly stated at checkout. The total amount due will be displayed before you confirm your order.

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 applicable amounts to your designated payment method.

5.3 Order Confirmation

Upon successful submission of an order and payment, you will receive an order confirmation via email. This confirmation does not constitute acceptance of your order; it is only an acknowledgment that we have received your request. We reserve the right to cancel any order due to product unavailability, pricing errors, suspected fraud, or other legitimate business reasons, with a full refund issued to the original 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 prepared or dispatched for delivery. Refunds or replacements may be issued at our sole discretion in cases of order errors attributable to Dave's Hot Chicken, food quality issues reported within a reasonable time, or verified non-delivery. To request a refund, contact us at [email protected] within 24 hours of your order date.

5.5 Taxes

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

6. Disclaimers and "As-Is" Basis

Dave's Hot Chicken expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Any warranty that the Site will be uninterrupted, timely, secure, or error-free;
• Any warranty regarding the accuracy, reliability, completeness, or timeliness of any content, information, or materials on the Site;
• Any warranty that defects, if any, will be corrected;
• Any warranty that the Site or its servers are free of viruses or other harmful components.

Dave's Hot Chicken does not warrant or make any representations regarding the nutritional accuracy of menu information, allergen disclosures, or ingredient lists posted on the Site. Customers with food allergies, dietary restrictions, or medical dietary needs are strongly advised to contact us directly before placing an order to confirm ingredient and allergen information. Cross-contamination may occur in our kitchen environments, and we cannot guarantee the complete absence of any allergen in any food item.

Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

7. Limitation of Liability

In any event, our total aggregate liability to you for any and all claims arising out of or relating to these Terms or your use of the Services shall not exceed the greater of:

• The total amount you paid to Dave's Hot Chicken in the twelve (12) months immediately preceding the event giving rise to the claim; or
• One Hundred United States Dollars ($100.00).

The limitations of liability set forth in this section shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive the termination of these Terms.

Certain state laws, including those of New Jersey and Massachusetts, may not allow all limitations of liability described above. If you reside in such a state, the foregoing limitation may not apply to you, and you may have additional rights under applicable state consumer protection laws.

8. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising from or related to:

• Your use of or access to the Site or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or third-party right;
• Any content you submit, post, or transmit through the Site;
• Your fraudulent, negligent, or willful misconduct;
• Any dispute between you and a third party arising from your use of the Services.

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

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 state laws of the jurisdiction in which Dave's Hot Chicken is principally registered and operating, without regard to any conflict of law principles that would require the application of the laws of another jurisdiction.

For matters not subject to the arbitration provisions below, you consent to the exclusive personal jurisdiction and venue in the state and federal courts located in the United States, and you waive any objection to the exercise of jurisdiction over you by such courts and venue in such courts.

To the extent that federal law governs any aspect of these Terms or the Services, the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and applicable federal consumer protection statutes enforced by the Federal Trade Commission ("FTC") shall apply.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Dave's Hot Chicken at [email protected] and provide a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within that period, either party may proceed with formal dispute resolution as described below.

10.2 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, controversy, or claim arising out of or relating to these Terms, the Site, or the Services — including claims regarding the interpretation, validity, enforceability, or breach of these Terms — shall be resolved exclusively through 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 on an individual basis. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, except that the arbitrator shall not have the authority to award punitive damages in excess of what is permitted by applicable law.

10.3 Class Action Waiver

YOU AND DAVE'S HOT CHICKEN AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. If this class action waiver is found unenforceable, then the entire arbitration agreement in this section shall be null and void.

10.4 Small Claims Court

Notwithstanding the arbitration agreement above, either party may pursue an individual action in a small claims court of competent jurisdiction for disputes that qualify under that court's jurisdictional limits, provided the action remains in that court and is not removed to a court of general jurisdiction.

10.5 Injunctive Relief

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, pending the outcome of arbitration proceedings.

11. Third-Party Links and Services

The Site may contain links to third-party websites, platforms, or services (such as delivery partners, payment processors, or social media platforms) that are not owned or controlled by Dave's Hot Chicken. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or terms of service of any third-party sites or services.

We strongly encourage you to review the terms and privacy policies of any third-party websites you visit. Your use of third-party websites and services is at your own risk, and Dave's Hot Chicken disclaims all liability arising from your interactions with such third parties.

12. Term and Termination

12.1 Term

These Terms become effective when you first access the Site or use the Services and shall remain in full force and effect for as long as you continue to use the Site or maintain an account with us, unless earlier terminated in accordance with the provisions herein.

12.2 Termination by You

You may terminate your account 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 of any outstanding charges.

12.3 Termination by Dave's Hot Chicken

Dave's Hot Chicken reserves the right, in its sole discretion, to suspend, restrict, or permanently terminate your access to the Site or Services at any time and for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Conduct that we determine, in our sole judgment, is harmful to other users, to us, or to our business interests;
• Legal or regulatory requirements;
• Extended inactivity of your account;
• Cessation of business operations.

We may, but are not required to, provide you with advance notice of termination. Upon termination, your right to use the Site and Services shall immediately cease.

12.4 Effect of Termination

Upon termination of these Terms for any reason, the following provisions shall survive: Intellectual Property Rights (Section 4), Disclaimers (Section 6), Limitation of Liability (Section 7), Indemnification (Section 8), Governing Law (Section 9), Dispute Resolution (Section 10), and any other provisions that by their nature should survive termination.

13. Changes to Terms

Dave's Hot Chicken reserves the right to modify, update, or revise these Terms at any time, in its 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 you with additional notice (such as by email notification or a prominent notice on the Site).

Your continued use of the Site or Services after any changes to these Terms become effective constitutes your binding acceptance of those changes. If you do not agree to the revised Terms, you must immediately cease using the Site and Services.

We encourage you to review these Terms periodically to stay informed of your rights and obligations. It is your responsibility to check for updates.

14. Allergen and Food Safety Notice

Dave's Hot Chicken prepares food in kitchens that may handle common allergens including, but not limited to, peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish. While we make reasonable efforts to accommodate dietary restrictions when notified, we cannot guarantee that any menu item is completely free from any specific allergen due to shared cooking equipment and potential cross-contact during preparation.

Customers with severe food allergies are strongly encouraged to contact our team directly before placing an order. Dave's Hot Chicken shall not be liable for any allergic reactions or adverse health events arising from the consumption of our food products where the customer has failed to disclose relevant dietary restrictions or where cross-contamination occurs despite reasonable precautions.

15. Privacy Policy

Your use of the Site 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, store, and share your personal information, including your rights under applicable United States privacy laws, including the California Consumer Privacy Act ("CCPA") and its amendment by the California Privacy Rights Act ("CPRA") for California residents, and other applicable state and federal privacy regulations.

By using our Services, you acknowledge that you have read and understood our Privacy Policy.

16. Electronic Communications

By using the Site or providing us with your email address or phone number, you consent to receive electronic communications from Dave's Hot Chicken, including order confirmations, promotional messages (subject to applicable opt-in requirements), service-related notices, and updates to these Terms. You agree that any notices, agreements, disclosures, or other communications we send you electronically satisfy any legal requirement that such communications be in writing.

If you wish to opt out of promotional communications, you may do so by following the unsubscribe instructions included in each promotional email or by contacting us at [email protected]. Please note that opting out of promotional communications does not affect your receipt of transactional or service-related emails.

17. Force Majeure

Dave's Hot Chicken shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, labor disputes, supply chain disruptions, cyberattacks, power failures, fire, flood, war, terrorism, civil unrest, or any other cause beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will make reasonable efforts to notify affected customers and resume normal operations as promptly as possible.

18. Severability

If any provision of these Terms is found to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction or arbitrator under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect.

The parties agree that any invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

19. Waiver

No failure or delay by Dave's Hot Chicken in exercising any right, power, or privilege under these Terms shall operate as a waiver of such right, power, or privilege, nor shall any single or partial exercise of any right preclude any other or further exercise thereof. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Dave's Hot Chicken to be effective.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Dave's Hot Chicken on the Site, constitute the entire agreement between you and Dave's Hot Chicken with respect to the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

These Terms may not be modified by any oral statements or representations made by our employees or representatives. Only written amendments signed by an authorized officer of Dave's Hot Chicken shall be effective to modify these Terms.

21. Contact Information

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

We endeavor to respond to all legitimate inquiries within five (5) business days. For urgent matters, including food safety concerns or order emergencies, please mark your email as urgent in the subject line.

These Terms of Service were last updated on July 2, 2026. Please check this page regularly for updates. Continued use of the Site and Services constitutes your acceptance of any revised Terms.