Terms of Service

Effective Date: May 22, 2026  |  Last Updated: May 22, 2026

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Dave's Hot Chicken ("Company," "we," "us," or "our"), governing your access to and use of the website daveshotchicken-eat.top, including all content, features, services, and functionality offered through the Site.

By accessing this Site, placing an order, creating an account, clicking an "I Agree" button, or otherwise using our services, you expressly agree to these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms apply to all visitors, users, customers, and others who access or use the Site.

If you are using this Site on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and you agree to these Terms on behalf of that entity.

You must be at least eighteen (18) years of age to use this Site and place orders. By using this Site, you represent and warrant that you are at least 18 years old. If you are under 18, you may only use this Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Dave's Hot Chicken operates as a food service business, offering customers the ability to browse our menu, place food orders, and engage with our brand through the Site. Specifically, our services include, but are not limited to:

• Online Menu Browsing: Customers may view our full menu, including food items, descriptions, ingredients, pricing, and available customization options.
• Online Ordering: Customers may place orders for pickup or delivery through the Site, subject to availability and operating hours.
• Account Registration: Customers may create a personal account to manage orders, save preferences, and access promotional offers.
• Promotions and Loyalty Programs: We may offer promotional discounts, loyalty rewards, or special deals from time to time, which will be subject to separate terms and conditions.
• Customer Support: We provide customer service assistance via email and other channels to address inquiries, complaints, and feedback.
• Informational Content: The Site may contain blog posts, nutritional information, allergen disclosures, and other food-related content for informational purposes.

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

All food items are subject to availability. Menu items, prices, and availability may vary by location and are subject to change without notice. Images of food products displayed on the Site are for illustrative purposes only and may not exactly represent the final product served.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of this Site, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain and promptly update your account information to keep it accurate and current;
• Maintain the confidentiality of your account credentials and be responsible for all activities that occur under your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other security breach;
• Use the Site only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations when using the Site;
• Pay all charges incurred through your account, including applicable taxes and fees.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Site for any unlawful purpose or in violation of any applicable laws or regulations, including but not limited to the Federal Trade Commission Act (FTC Act), state consumer protection laws, and applicable food safety regulations;
• Engage in any fraudulent activity, including submitting false orders, using fraudulent payment information, or misrepresenting your identity;
• Attempt to gain unauthorized access to any portion of the Site, other users' accounts, or computer systems or networks connected to the Site;
• Use any automated means, including bots, scrapers, spiders, or similar technologies, to access, monitor, or copy content from the Site;
• Transmit any viruses, malware, Trojan horses, worms, or other harmful code through the Site;
• Interfere with or disrupt the integrity or performance of the Site or its servers or networks;
• Collect or harvest any personally identifiable information from other users of the Site without their explicit consent;
• Post, transmit, or distribute any unsolicited commercial messages, spam, or chain letters;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without express written permission from us;
• Use the Site to defame, harass, abuse, threaten, stalk, or otherwise violate the legal rights of others;
• Upload or transmit any content that is unlawful, harmful, offensive, obscene, defamatory, or otherwise objectionable;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Engage in any activity that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site;
• Circumvent, disable, or otherwise interfere with any security-related features of the Site;
• Place orders with the intent to defraud, including ordering food with no intention to pay or to abuse refund/dispute processes.

Violation of any prohibited activities may result in immediate termination of your account and access to our services, and may expose you to civil and/or criminal liability.

4. Account Registration and Security

Certain features of the Site may require you to register for an account. When registering, you agree to provide truthful, accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account.

You agree to log out of your account at the end of each session, especially when using shared or public computers. We cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

We reserve the right to refuse registration, cancel accounts, or remove or edit content at our sole discretion.

5. Intellectual Property Rights

The Site and all of its contents, features, and functionality — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, digital downloads, software, recipes, menu designs, brand elements, and the overall design and appearance of the Site — are the exclusive property of Dave's Hot Chicken or its licensors and are protected by applicable intellectual property laws, including United States copyright law (17 U.S.C. § 101 et seq.), trademark law (15 U.S.C. § 1051 et seq.), trade secret law, and other applicable intellectual property statutes.

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

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial purposes in connection with ordering food and using our services.

You may not:

• Reproduce, distribute, display, sell, lease, transmit, create derivative works from, or otherwise exploit any content on the Site without our prior written consent;
• Use our trademarks, service marks, logos, or other proprietary information without express written authorization;
• Remove or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site;
• Frame or mirror any portion of the Site without our written consent.

Any unauthorized use of our intellectual property may violate copyright laws, trademark laws, and other applicable regulations, and could result in criminal or civil penalties.

6. Ordering and Payment Terms

6.1 Placing Orders

By placing an order through the Site, you represent that you are an authorized user of the payment method you provide and that the information you submit is accurate and complete. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, unavailability of menu items, errors in pricing or product descriptions, suspected fraud, or violations of these Terms.

6.2 Pricing and Taxes

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Applicable state and local sales taxes will be added to your order total at checkout. Tax rates may vary based on your location and the nature of the items ordered, in accordance with applicable state and local tax laws.

6.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on the Site at the time of checkout. By providing your payment information, you authorize us to charge the applicable amounts to your designated payment method. All payment transactions are processed through secure, third-party payment processors. We do not store your full payment card information on our servers.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. Refunds or credits may be issued at our sole discretion in cases involving incorrect orders, quality concerns, or other issues attributable to our error. To request a refund or report an issue with your order, please contact us at [email protected] within twenty-four (24) hours of receiving your order.

6.5 Promotions and Discounts

Promotional codes, discounts, and special offers are subject to specific terms and conditions associated with each promotion. Promotions may not be combined, and we reserve the right to modify or terminate any promotion at any time. Fraudulent use of promotional codes may result in account termination and potential legal action.

7. Food Allergen and Dietary Information

We make reasonable efforts to provide accurate allergen and dietary information on our Site. However, our food products are prepared in facilities where allergens such as nuts, gluten, dairy, eggs, soy, shellfish, and other common allergens may be present. Cross-contamination may occur.

We strongly encourage customers with known food allergies to consult with our staff before ordering. Dave's Hot Chicken shall not be held liable for any adverse reactions resulting from the consumption of food products where we have made reasonable disclosure efforts regarding allergen content.

8. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Dave's Hot Chicken. These links are provided solely for your convenience and informational purposes. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We do not endorse or make any representations about third-party websites or any information, products, or services found there. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.

9. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

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;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE SITE;
• WARRANTIES THAT DEFECTS IN THE SITE WILL BE CORRECTED;
• WARRANTIES THAT THE SITE OR ITS SERVERS ARE FREE OF HARMFUL COMPONENTS.

No advice or information, whether oral or written, obtained by you from us through or in connection with the Site shall create any warranty not expressly stated in these Terms.

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

10. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• DAMAGES ARISING FROM ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE SITE;
• DAMAGES ARISING FROM YOUR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED ON THE SITE;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some states do not allow the limitation or exclusion of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken and its officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use or misuse of the Site or its content;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any content you post, submit, or transmit through the Site;
• Your fraudulent use of the Site or misrepresentation of any information provided to us;
• Any dispute between you and another user or third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claim.

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 the applicable state laws of the jurisdiction in which Dave's Hot Chicken is registered and operates, without regard to conflict of law principles.

You agree that any legal action or proceeding arising out of or related to these Terms or your use of the Site shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to the exercise of jurisdiction over you by such courts.

To the extent applicable, these Terms are also subject to:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing consumer protection and unfair or deceptive acts or practices;
• The California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA), if you are a California resident, with respect to the collection and use of your personal information;
• Applicable federal and state food safety regulations, including those promulgated by the U.S. Food and Drug Administration (FDA) and relevant state health agencies;
• The Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state electronic transactions laws, which validate the enforceability of these electronic Terms.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute proceedings, you agree to first attempt to resolve any dispute informally by contacting Dave's Hot Chicken at [email protected] and providing a written description of your complaint. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Except for claims that may be brought in small claims court, you and Dave's Hot Chicken agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site — including questions about the existence, validity, or scope of this arbitration agreement — shall be resolved by binding individual arbitration, rather than in court, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) then in effect. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

The arbitration shall take place in the United States, in the county or jurisdiction where Dave's Hot Chicken is principally located, unless otherwise agreed by both parties. 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 or representative action.

13.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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.

13.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claims qualify and remain in such court.

13.5 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND DAVE'S HOT CHICKEN HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION, PROCEEDING, OR CLAIM ARISING FROM OR RELATED TO THESE TERMS.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Site or maintain an account with us. We reserve the right, in our sole discretion, to:

• Terminate or suspend your access to the Site or your account at any time, with or without cause and with or without notice;
• Remove or disable any content you have submitted or uploaded to the Site;
• Take any other action we deem necessary or appropriate to enforce these Terms or protect our interests and the interests of our users.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of your obligation to pay any outstanding amounts owed to us.

Upon termination of your access, your right to use the Site will immediately cease. Provisions of these Terms that by their nature should survive termination — including intellectual property provisions, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution — shall survive termination.

15. Changes to These Terms

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. We may also provide notice of significant changes by email (if you have provided us with your email address) or by posting a prominent notice on the Site.

Your continued use of the Site after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Site immediately.

We encourage you to periodically review these Terms to stay informed of any updates. It is your responsibility to check this page regularly for changes.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or invalidated by the severability of any single provision.

The failure of Dave's Hot Chicken to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.

17. Entire Agreement

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

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, government actions, labor disputes, power outages, internet disruptions, or supply chain failures. In such circumstances, our obligations shall be suspended for the duration of the force majeure event.

19. California Residents — Additional Rights

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to request deletion of your personal information, the right to opt out of the sale or sharing of your personal information, and the right not to be discriminated against for exercising your privacy rights. For more information about these rights, please refer to our Privacy Policy.

California residents may also have rights under California Civil Code Section 1789.3, which provides that California users of electronic commercial services may file a complaint with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us for any reason related to our services, please reach out to us using the following contact details:

We will make every reasonable effort to respond to your inquiries in a timely manner. For urgent matters related to food safety or allergic reactions, please contact your local emergency services immediately.

These Terms of Service were last updated on May 22, 2026. © 2026 Dave's Hot Chicken. All rights reserved.