Terms of Service

Please read these Terms of Service carefully before using the website located at newdaveshotchicken.click (the "Website") or any services offered by Dave's Hot Chicken (collectively, "Services"). By accessing or using our Website or Services, you agree to be legally bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must immediately cease use of the Website and all related Services.

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "you," or "your") and Dave's Hot Chicken ("Company," "we," "us," or "our"), governing your access to and use of the Website at newdaveshotchicken.click and all associated content, features, products, and services made available through it.

By accessing our Website, placing an order, creating an account, or otherwise interacting with our Services, you confirm that:

• You are at least eighteen (18) years of age, or if you are a minor, you have obtained verifiable parental or legal guardian consent;
• You have the legal capacity and authority to enter into these Terms;
• You are not barred from receiving services under the laws of the United States or any other applicable jurisdiction;
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

Your continued use of the Website following any update or modification to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any changes.

2. About Dave's Hot Chicken

Dave's Hot Chicken is a food service business operating within the United States, offering hot chicken meals, menu items, beverages, and related food products through its physical locations and/or online ordering platforms. The Website serves as a digital interface for customers to learn about our menu offerings, place orders, access promotional content, and engage with our brand.

3. Description of Services

Dave's Hot Chicken provides the following services through the Website and associated platforms:

3.1 Online Ordering and Delivery

We offer online food ordering services that allow customers to browse our menu, customize their orders, select pickup or delivery options, and complete payment transactions through our secure checkout process. Availability of delivery services may depend on your geographic location and may be fulfilled in partnership with third-party delivery platforms.

3.2 Menu and Nutritional Information

The Website provides information about our menu items, ingredients, allergen disclosures, and where available, nutritional content. This information is provided for general informational purposes and may be subject to change without prior notice based on ingredient availability, seasonal variations, or operational updates.

3.3 Promotional Offers and Loyalty Programs

We may from time to time offer promotional discounts, coupon codes, limited-time offers, or loyalty reward programs. These offers are subject to their own specific terms and conditions, which will be communicated at the time of the promotion. We reserve the right to modify, suspend, or discontinue any promotional program at any time without liability.

3.4 Customer Accounts

Users may have the option to create an account on the Website to facilitate faster ordering, save payment information, track order history, and access exclusive offers. Account creation is voluntary but may be required to access certain features of the Website.

3.5 Third-Party Integrations

Certain features of our Website may rely on or link to third-party services, including but not limited to payment processors, delivery platforms, mapping services, and social media platforms. We are not responsible for the content, privacy practices, or terms of service of any third-party websites or services.

4. User Accounts and Registration

If you choose to create an account with us, you agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate and complete. You are solely responsible for:

• Maintaining the confidentiality of your account credentials, including your username and password;
• All activities and transactions that occur under your account;
• Notifying us immediately at [email protected] if you suspect unauthorized access to or use of your account;
• Ensuring that you log out of your account after each session, particularly on shared devices.

We reserve the right to suspend or terminate any account that we believe, in our sole discretion, has been compromised, is being used fraudulently, or is in violation of these Terms.

5. User Obligations and Prohibited Activities

As a condition of your use of our Website and Services, you agree to comply with all applicable federal, state, and local laws of the United States. You further agree that you will not engage in any of the following prohibited activities:

5.1 Prohibited Conduct

• Using the Website for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation;
• Impersonating any person or entity or falsely representing your identity or affiliation with any person or entity;
• Submitting false, inaccurate, or misleading information, including fraudulent orders or payment information;
• Attempting to gain unauthorized access to any portion of the Website, other user accounts, or any computer systems or networks connected to the Website;
• Using any automated tools, bots, scrapers, or similar technology to collect or extract data from the Website without our express written consent;
• Transmitting any viruses, malware, Trojan horses, or any other harmful or disruptive code;
• Interfering with or disrupting the integrity or performance of the Website or the data contained therein;
• Engaging in any activity that could damage, disable, overburden, or impair our servers or networks;
• Using the Website to send unsolicited communications, spam, or commercial solicitations;
• Reproducing, duplicating, copying, selling, or reselling any portion of our Services without express written permission;
• Circumventing, disabling, or otherwise interfering with any security-related features of the Website;
• Engaging in any form of price manipulation, coupon fraud, or abuse of promotional offers;
• Attempting to reverse engineer, decompile, or disassemble any software or systems underlying the Website.

Violation of any of the above prohibitions may result in the immediate termination of your account and access to the Services, as well as potential legal action under applicable law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the Federal Trade Commission Act (15 U.S.C. § 41 et seq.).

6. Ordering, Payment, and Pricing

6.1 Order Placement

By placing an order through our Website, you represent that the information you provide is accurate and that you are authorized to use the payment method selected. All orders are subject to availability and acceptance by Dave's Hot Chicken. We reserve the right to refuse, cancel, or limit any order at our discretion, including in cases of suspected fraud or error in pricing or product description.

6.2 Pricing and Taxes

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes will be calculated and applied at checkout based on your location and the applicable tax laws of the relevant jurisdiction. You are responsible for any taxes, duties, or other governmental charges applicable to your purchase.

6.3 Payment Processing

We accept payment through methods made available on the Website at the time of purchase. Payments are processed by third-party payment processors who maintain their own terms of service and privacy policies. We do not store full credit card or debit card information on our servers. By providing payment information, you authorize us and our payment processors to charge the applicable amount to your designated payment method.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally considered final once an order has been confirmed and preparation has begun. If you experience an issue with your order — including incorrect items, quality concerns, or non-delivery — please contact us promptly at [email protected] so we can assess the situation and determine an appropriate remedy on a case-by-case basis. Refunds, credits, or replacements, where applicable, are issued at our sole discretion.

6.5 Promotional Codes and Discounts

Promotional codes and discount offers are subject to their specific terms and may be subject to expiration dates, minimum purchase requirements, or restrictions on applicable items. Promotional codes are non-transferable, have no cash value, and may not be combined with other offers unless expressly stated. We reserve the right to void or revoke any promotional code that we believe has been obtained or used fraudulently or in violation of these Terms.

7. Intellectual Property Rights

7.1 Ownership

All content available on or through the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video, data compilations, software, and the overall "look and feel" of the Website, is the exclusive property of Dave's Hot Chicken or its licensors and is protected by applicable United States and international intellectual property laws, including copyright, trademark, and trade dress laws.

7.2 Trademarks

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

7.3 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content solely for your personal, non-commercial use. This license does not include the right to:

• Modify or create derivative works based upon the Website or its content;
• Publicly display, publicly perform, reproduce, or distribute any content from the Website;
• Use any data mining, robots, or similar data extraction tools;
• Use the Website or its content for any commercial purpose or for any public display.

7.4 User-Submitted Content

If you submit any content to us, including reviews, comments, photographs, feedback, or suggestions ("User Content"), you grant Dave's Hot Chicken a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to submit the User Content and that it does not infringe upon the rights of any third party.

8. Food Allergen and Safety Disclaimer

Dave's Hot Chicken takes food safety seriously; however, our food products are prepared in facilities that handle common allergens including, but not limited to, wheat, gluten, dairy, eggs, soy, peanuts, tree nuts, fish, and shellfish. We cannot guarantee that any menu item is completely free from allergens or cross-contamination. Customers with food allergies or dietary restrictions are solely responsible for determining whether our products are suitable for their individual needs. We strongly recommend that you consult with our staff and/or a healthcare professional before ordering if you have any known food allergies or medical dietary requirements.

By placing an order with us, you acknowledge and accept this risk and agree that Dave's Hot Chicken shall not be held liable for any allergic reaction, injury, illness, or health condition arising from the consumption of our food products.

9. Disclaimers and "As-Is" Basis

9.1 General Disclaimer

THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, TITLE, AND NON-INFRINGEMENT.

9.2 No Warranty of Accuracy

While we make reasonable efforts to ensure that the information on our Website is accurate and current, we do not warrant that the Website or its content will be accurate, complete, reliable, current, or error-free. Menu items, pricing, availability, and nutritional information are subject to change without notice.

9.3 No Warranty of Availability

We do not warrant that the Website will be available at all times, uninterrupted, or free from technical errors, viruses, or other harmful components. We may suspend, withdraw, or restrict the availability of all or any part of the Website for operational or maintenance reasons without prior notice.

9.4 Third-Party Services

We make no representations or warranties regarding the quality, accuracy, or reliability of any third-party services, including delivery partners, payment processors, or any other linked websites. Your use of such third-party services is entirely at your own risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW IN THE UNITED STATES, IN NO EVENT SHALL DAVE'S HOT CHICKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits or revenue;
• Loss of data or business information;
• Loss of goodwill;
• Business interruption;
• Personal injury or property damage;
• Any other damages arising out of or related to your use or inability to use the Website or Services.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF DAVE'S HOT CHICKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

11. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken and its officers, directors, employees, agents, contractors, licensors, service providers, successors, and assigns 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 federal, state, or local law, regulation, or third-party right;
• Any User Content you submit, post, or transmit through the Website;
• Any negligence, willful misconduct, or fraud on your part;
• Any dispute between you and any third party arising from your use of the Website or Services.

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

12. 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, to the extent applicable, the laws of the state in which Dave's Hot Chicken's primary place of business is located, without regard to conflict of law principles.

To the extent that any dispute is not subject to arbitration as set forth in Section 13 below, you consent to the exclusive personal jurisdiction of the federal and state courts located within the United States and agree to submit to the personal jurisdiction of such courts. You waive any objection to the laying of venue of any such proceeding in such courts and waive any objection that such courts are an inconvenient forum.

Our Services are intended for use by residents of the United States. We make no representation that the Website or Services are appropriate or available for use outside of the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the local laws of your jurisdiction.

13. Dispute Resolution and Arbitration

13.1 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 seek, and your contact information. We will attempt to resolve the dispute informally within thirty (30) calendar days of receiving your notice. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution as described 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 claims that may be brought in small claims court, any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or the Services — including any question regarding the existence, validity, or termination of these Terms — shall be resolved by binding 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 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 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, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. Unless both parties agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a class or representative proceeding.

13.4 Exceptions

Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction where necessary to protect the intellectual property rights or confidential information of either party.

14. Term and Termination

14.1 Duration

These Terms of Service shall remain in full force and effect for as long as you access or use the Website or Services, or maintain an account with us.

14.2 Termination by You

You may terminate your use of the Services at any time by discontinuing your use of the Website and, if applicable, deleting your account. If you wish to formally close your account, please contact us at [email protected].

14.3 Termination by Us

We reserve the right, in our sole discretion, to suspend or terminate your access to the Website and Services, with or without notice, for any reason, including but not limited to:

• Violation of these Terms of Service or any applicable law;
• Conduct that we believe is harmful to other users, third parties, or the Company;
• Fraudulent, deceptive, or abusive activity;
• Our business decision to discontinue or modify the Services.

14.4 Effect of Termination

Upon termination, your right to access and use the Website and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitation of liability, indemnification obligations, and dispute resolution provisions.

15. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and is available on our Website. By using our Services, you acknowledge that you have read and understood our Privacy Policy.

To the extent you are a resident of California, your use of our Services and any data we collect is also subject to the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for information about your specific rights as a California resident.

We comply with applicable federal consumer protection standards as enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.).

16. Changes to These Terms

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

• Updating the "Last Updated" date at the top of this page;
• Posting a prominent notice on the Website; and/or
• Sending an email notification to the address associated with your account (if applicable).

Your continued use of the Website or Services following the posting of revised Terms constitutes your acceptance of the changes. It is your responsibility to review these Terms periodically to remain informed of any updates. If you do not agree to the modified Terms, you must discontinue your use of the Website and Services immediately.

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be deemed severed from these Terms. The invalidity or unenforceability of any such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect. The parties intend that the remaining provisions of these Terms reflect their original intent to the fullest extent possible.

18. 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 thereof. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Any waiver by us of any provision of these Terms must be in writing and signed by an authorized representative of Dave's Hot Chicken to be effective.

19. Entire Agreement

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 concerning your use of the Website and Services. These Terms supersede all prior and contemporaneous agreements, representations, warranties, and understandings with respect to the Website and Services and the subject matter of these Terms.

20. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performance of its obligations under these Terms arising from causes beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, natural disasters, pandemic, epidemic, governmental restrictions or actions, labor disputes, power failures, internet outages, acts of terrorism, war, or other circumstances beyond our reasonable control. In such events, our obligations will be suspended for the duration of the force majeure event, and we will make reasonable efforts to resume performance as soon as practicable.

21. Links to Third-Party Websites

Our Website may contain links to third-party websites or services 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 of these entities or their websites. You acknowledge and agree that Dave's Hot Chicken shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any third-party websites. We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites that you visit.

22. Accessibility

Dave's Hot Chicken is committed to making our Website accessible to individuals with disabilities, consistent with applicable requirements under the Americans with Disabilities Act (ADA) and relevant Web Content Accessibility Guidelines (WCAG). If you encounter any difficulty accessing our Website or any of its content due to a disability, please contact us at [email protected] and we will make reasonable efforts to assist you.

23. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or our Services, please contact us using the information below. We will make every reasonable effort to respond to your inquiry in a timely and thorough manner.

These Terms of Service were last reviewed and updated on June 27, 2026. Dave's Hot Chicken reserves all rights not expressly granted herein. Your use of newdaveshotchicken.click constitutes acceptance of these Terms in their entirety.