Terms of Service

Effective Date: May 20, 2026  |  Last Updated: May 20, 2026

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Site at daveshotchicken-eat.rest, placing an order, registering an account, or engaging with any service or content provided by Dave's Hot Chicken ("Company," "we," "us," or "our"), you confirm that:

• You are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction;
• You have the legal capacity and authority to enter into a binding agreement;
• You agree to comply fully with these Terms and all applicable local, state, and federal laws of the United States;
• If you are accessing the Site on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.

Your continued use of the Site or our services following the posting of any updates or modifications to these Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed of any updates.

These Terms constitute a legally binding contract between you ("User," "you," or "your") and Dave's Hot Chicken, governed by the laws of the United States and applicable state law. Any dispute arising from the use of this Site or our services will be subject to the dispute resolution procedures outlined herein.

2. Description of Services

Dave's Hot Chicken operates as a food service business offering Nashville-style hot chicken and related food products, beverages, and dining experiences. Through our Site at daveshotchicken-eat.rest, we may offer the following services:

• Online Ordering: Users may place orders for food and beverages for pickup or delivery through our Site or affiliated third-party delivery platforms;
• Menu Information: We provide detailed menu descriptions, nutritional information, pricing, and allergen disclosures for our food offerings;
• Catering Services: We may offer catering arrangements for private, corporate, or special events subject to separate agreements or quotes;
• Promotions and Loyalty Programs: We may periodically offer promotional discounts, loyalty reward programs, or special offers to registered users or email subscribers;
• Account Registration: Users may create personal accounts to manage orders, save preferences, and access exclusive offers;
• Gift Cards: We may offer digital or physical gift cards redeemable for food and beverage purchases at participating locations;
• Customer Support: We provide customer service assistance via email and other channels for questions, complaints, and feedback;
• Informational Content: General information about our locations, hours of operation, franchise opportunities, and company news.

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

Certain features or services on our Site may be subject to additional terms and conditions, which will be presented to you at the time you access or use those features. Those additional terms are incorporated into these Terms by reference.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality and security of your account credentials, including your username and password;
• Promptly notify us at [email protected] of any unauthorized use of your account or any security breach;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site;
• Use the Site and services only for lawful, personal, non-commercial purposes unless expressly authorized in writing by Dave's Hot Chicken;
• Respect the intellectual property rights and privacy rights of Dave's Hot Chicken and all third parties.

3.2 Prohibited Activities

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

• Fraudulent Activity: Misrepresenting your identity, impersonating any person or entity, or falsifying any information provided to us;
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, server infrastructure, or databases, or circumventing any security measures;
• Scraping and Data Mining: Using automated scripts, bots, spiders, crawlers, or any other automated means to access, collect, or extract data from the Site without our express written consent;
• Interference: Introducing any viruses, malware, ransomware, Trojan horses, worms, or other harmful code that may disrupt or damage the Site or our systems;
• Spamming: Using the Site to transmit unsolicited commercial communications, chain letters, or mass email campaigns;
• Harassment: Engaging in any conduct that harasses, intimidates, threatens, or otherwise harms other users, our employees, or third parties;
• Intellectual Property Infringement: Copying, distributing, reproducing, or creating derivative works from any content on the Site without our prior written permission;
• Illegal Conduct: Using the Site to engage in any activity that violates applicable federal, state, or local laws, including consumer protection laws enforced by the Federal Trade Commission (FTC);
• Reverse Engineering: Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying structure of the Site or any software used in connection with the Site;
• Account Abuse: Creating multiple accounts for deceptive purposes, sharing accounts with third parties, or exploiting promotional offers in bad faith;
• Defamatory Content: Posting or transmitting content that is defamatory, obscene, offensive, or otherwise objectionable;
• Commercial Exploitation: Reselling, sublicensing, or otherwise exploiting any portion of our services for commercial gain without written authorization from Dave's Hot Chicken.

Violation of any of the above prohibited activities may result in immediate termination of your account, denial of access to our services, and potential legal action. Dave's Hot Chicken reserves the right to report any suspected illegal activity to relevant law enforcement authorities.

4. Intellectual Property Rights

All content, materials, features, and functionality available on or through the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, menu designs, brand identities, and software, are the exclusive property of Dave's Hot Chicken or its licensors and are protected by United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state intellectual property statutes.

The Dave's Hot Chicken name, logo, slogans, trade dress, and all related marks are trademarks or registered trademarks of Dave's Hot Chicken or its affiliates. You are strictly prohibited from using any of these marks without prior written permission from Dave's Hot Chicken.

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

• The right to modify, copy, distribute, transmit, display, perform, reproduce, or publish any content from the Site;
• The right to use any data mining, robots, or similar data gathering and extraction tools;
• The right to download (other than page caching) any portion of the Site;
• Any resale or commercial use of the Site or its contents.

Any unauthorized use of our intellectual property terminates the permission or license granted by these Terms. If you believe that any content on our Site infringes your intellectual property rights, please contact us at [email protected] with appropriate details pursuant to 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. Applicable sales taxes, service fees, delivery charges, and any other applicable fees will be calculated and disclosed to you at checkout before you complete your order.

5.2 Payment Methods

We accept major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as indicated on the Site at the time of purchase. By providing payment information, you represent and warrant that you are authorized to use the payment method provided and that all payment information is accurate and complete.

5.3 Order Confirmation and Processing

Your order is not confirmed until you receive an electronic confirmation from us. We reserve the right to refuse or cancel any order at our discretion, including in cases of suspected fraud, inaccurate pricing due to typographical errors, or unavailability of items.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. Refunds or credits may be issued at Dave's Hot Chicken's sole discretion in cases of order errors attributable to us, food safety concerns, or documented quality issues. To request a refund or report a problem, please contact us at [email protected] within twenty-four (24) hours of your order.

5.5 Gift Cards

Gift cards purchased through the Site are subject to any additional terms and conditions stated at the time of purchase. Gift cards are non-refundable, cannot be exchanged for cash (except as required by applicable law), and Dave's Hot Chicken is not responsible for lost or stolen gift cards.

5.6 Promotions and Discounts

Promotional codes, discounts, and special offers are subject to specific terms and expiration dates disclosed at the time of the promotion. Offers cannot be combined unless expressly stated, and Dave's Hot Chicken reserves the right to modify or cancel any promotion at any time.

6. Disclaimers

To the fullest extent permitted by applicable law, Dave's Hot Chicken expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Any warranty that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components;
• Any warranty regarding the accuracy, completeness, reliability, or timeliness of any content, information, or materials on the Site, including menu items, prices, and nutritional information;
• Any warranty that defects in the Site will be corrected;
• Any warranty as to the results that may be obtained from use of the Site or services.

Dave's Hot Chicken does not warrant that any food product will meet your specific dietary requirements or health needs. You are solely responsible for reviewing allergen information and consulting with a qualified healthcare professional regarding any food allergies, intolerances, or dietary restrictions before placing an order. While we make reasonable efforts to provide accurate allergen disclosures, our kitchen facilities may handle common allergens including nuts, gluten, dairy, eggs, shellfish, and soy, and we cannot guarantee a completely allergen-free environment.

References to any third-party products, services, websites, or platforms on the Site do not constitute or imply an endorsement by Dave's Hot Chicken.

7. Limitation of Liability

This limitation applies regardless of the legal theory upon which the claim is based (whether in contract, tort, negligence, strict liability, or otherwise), even if Dave's Hot Chicken has been advised of the possibility of such damages, and even if any remedy set forth herein is found to have failed its essential purpose.

In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the maximum extent permitted by law. In no event shall Dave's Hot Chicken's total aggregate liability to you for all claims arising out of or related to these Terms or the use of the Site exceed the greater of: (a) the total amount paid by you to Dave's Hot Chicken in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars ($100.00 USD).

Some states, including California, do not allow certain limitations on implied warranties or the exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights under applicable law, including rights under the California Consumer Legal Remedies Act and related statutes.

8. Indemnification

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

• Your use of or access to the Site or our services;
• Your violation of these Terms or any applicable law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Your submission of any inaccurate, false, or misleading information to Dave's Hot Chicken;
• Any content or materials you post, submit, or transmit through the Site;
• Your negligent or wrongful conduct;
• Any dispute between you and any third party related to the use of our services.

Dave's Hot Chicken reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate fully with Dave's Hot Chicken in asserting any available defenses. You shall not settle any claim without the prior written consent of Dave's Hot Chicken.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which the relevant Dave's Hot Chicken location operates, without regard to any conflict of law principles that would require the application of another jurisdiction's laws.

You agree that any legal action or proceeding arising from or relating to these Terms or your use of the Site shall be brought exclusively in the competent federal or state courts located in the United States, and you hereby consent to the personal jurisdiction and venue of such courts. Dave's Hot Chicken makes no representation that materials on the Site are appropriate or available for use in other jurisdictions.

The Federal Trade Commission Act (15 U.S.C. § 45 et seq.) governs certain aspects of our business practices related to unfair or deceptive acts in commerce. Where applicable, we comply with all FTC regulations, including truth-in-advertising standards and consumer protection guidelines.

If you are a California resident, you may also have rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), the California Consumer Legal Remedies Act, and other applicable California statutes. These rights are further described in our Privacy Policy available on the Site.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Site ("Dispute") informally by contacting Dave's Hot Chicken at [email protected]. We will use good-faith efforts to resolve the Dispute within thirty (30) days of receiving your written notice. If the Dispute is not resolved within that period, either party may proceed to binding arbitration as described below.

10.2 Binding Arbitration

Except as provided below, you and Dave's Hot Chicken agree that any unresolved Dispute will be resolved by final, binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in the United States, in English, and the arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator will have authority to award the same damages and relief that a court could award, subject to the limitations set forth in these Terms. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and applicable statutes of limitations.

10.3 Class Action Waiver

If this class action waiver is found to be unenforceable with respect to any claim, then the arbitration agreement shall not apply to that claim, and such claim shall be brought in a court of competent jurisdiction.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights, breach of confidentiality obligations, or other irreparable harm pending resolution through arbitration.

10.5 Time Limitation on Claims

You agree that any claim arising out of or related to these Terms or the Site must be filed within one (1) year after the cause of action accrued. Claims filed after this period are permanently barred, regardless of any statute of limitations to the contrary, to the fullest extent permitted by law.

11. Term and Termination

11.1 Duration

These Terms are effective from the date you first access or use the Site and shall remain in full force and effect until terminated as provided herein.

11.2 Termination by You

You may terminate your account or discontinue use of the Site at any time by contacting us at [email protected] and requesting account deletion. Termination will not relieve you of obligations incurred prior to the effective date of termination, including any outstanding payment obligations.

11.3 Termination by Dave's Hot Chicken

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

• Your breach of any provision of these Terms;
• Your engagement in any prohibited activity;
• Suspected fraud or unauthorized activity;
• Our discontinuation of any services;
• Compliance with applicable law or regulatory requirements;
• Protection of the safety, rights, or property of Dave's Hot Chicken, its users, or third parties.

We may, but are not required to, provide notice of termination. Dave's Hot Chicken shall not be liable to you or any third party for any suspension or termination of your access.

11.4 Effect of Termination

Upon termination, your right to access and use the Site and services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law provisions.

12. Changes to Terms

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

• Update the "Last Updated" date at the top of this page;
• Post a notice on the Site's homepage or in a prominent location;
• Send an email notification to registered users where reasonably practicable.

Changes will become effective immediately upon posting unless a different effective date is specified. Your continued use of the Site or our services after the effective date of any revised Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Site and services immediately.

It is your responsibility to review these Terms periodically. We encourage you to bookmark this page and check it regularly. Dave's Hot Chicken shall not be held liable for your failure to stay informed of updates to these Terms.

13. Third-Party Links and Services

The Site may contain links to third-party websites, platforms, or services (such as third-party delivery services, social media platforms, and payment processors) that are not owned or controlled by Dave's Hot Chicken. We provide these links for your convenience only and do not endorse, monitor, or have any control over the content, privacy practices, or terms of those third-party sites.

Your access to and use of any third-party website or service is governed entirely by the terms and policies of that third party. Dave's Hot Chicken expressly disclaims any responsibility or liability for any harm, damages, or losses arising from your use of third-party websites or services linked to or from the Site. We encourage you to review the privacy policies and terms of service of any third-party sites you visit.

14. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in compliance with applicable United States federal and state privacy laws, including the California Consumer Privacy Act (CCPA/CPRA) where applicable, and the FTC's privacy guidelines. By using the Site, you consent to the data practices described in our Privacy Policy.

15. Food Safety and Allergen Notice

Dave's Hot Chicken is committed to providing safe and quality food products. However, we make no warranty or representation that our food products are free from any specific allergens or that they are suitable for individuals with particular dietary needs, restrictions, or medical conditions.

Our menu may contain or come into contact with common allergens, including but not limited to peanuts, tree nuts, wheat/gluten, soy, dairy, eggs, fish, and shellfish. Cross-contamination may occur in our kitchen facilities. If you have a food allergy or dietary restriction, please contact us directly at [email protected] before placing an order and consult a qualified medical professional as appropriate.

By placing an order, you acknowledge and accept the inherent risks associated with food allergies and dietary sensitivities. Dave's Hot Chicken shall not be liable for any allergic reaction, adverse health event, or other injury resulting from the consumption of our food products where you have been made aware of potential allergen risks.

16. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in the performance of its obligations under these Terms arising out of causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions, civil unrest, war, terrorism, labor disputes, power outages, internet disruptions, supply chain failures, or any other circumstances beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, Dave's Hot Chicken will use commercially reasonable efforts to resume performance as soon as practicable. Orders affected by a Force Majeure Event may be cancelled, and refunds will be processed at Dave's Hot Chicken's discretion.

17. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, unlawful, void, or unenforceable for any reason, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any particular provision shall not affect the validity, legality, or enforceability of any other provisions of these Terms, which shall remain in full force and effect.

The parties further agree that in the event any provision is found unenforceable, they will negotiate in good faith to replace such provision with a valid and enforceable provision that most closely achieves the economic and legal intent of the original provision.

Specifically, if the class action waiver provision in Section 10.3 is found to be unenforceable, the parties agree that the remainder of the arbitration agreement shall remain in effect to the fullest extent permissible under applicable law.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, 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 your use of the Site and our services. These Terms supersede all prior and contemporaneous understandings, negotiations, representations, warranties, and agreements, whether oral or written, between you and Dave's Hot Chicken relating to the subject matter hereof.

No waiver by Dave's Hot Chicken of any right or provision under these Terms shall constitute a further or continuing waiver of such right or provision, and any failure by Dave's Hot Chicken to assert any right or provision under these Terms shall not constitute a waiver of that right or provision in the future.

19. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, or if you need to exercise any rights described herein, please contact us using the information below: