Terms of Service

Effective Date: May 8, 2026  |  Last Updated: May 8, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") 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 daves.rest, including all content, features, functionality, and services offered through the Site (collectively, the "Services").

By visiting the Site, creating an account, placing an order, subscribing to any communications, or otherwise engaging with any portion of the Site, you expressly agree to be bound by these Terms, our Privacy Policy (incorporated herein by reference), and any additional guidelines, policies, or rules posted on the Site. These Terms apply to all visitors, users, customers, and others who access or use the Site.

You represent and warrant that you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction, whichever is greater, and that you have the legal capacity and authority to enter into these Terms. If you are using the Site on behalf of a business entity, you further represent and warrant that you have the authority to bind such entity to these Terms, and the term "you" shall refer to both you individually and such entity.

Your continued use of the Site following the posting of any changes to these Terms shall constitute your acceptance of those changes. We reserve the right to update, revise, or modify these Terms at any time, and we will indicate the date of the most recent revision at the top of this page.

2. Description of Services

Dave's Hot Chicken is a food service business that provides customers with access to its menu, online ordering capabilities, restaurant information, catering inquiries, promotional content, and related food and beverage services through its website at daves.rest. Our Services include, but are not limited to:

• Online Food Ordering: The ability to browse our menu and place orders for pickup or delivery of food and beverages prepared by Dave's Hot Chicken.
• Menu Information: Access to current menu items, pricing, nutritional information, allergen disclosures, and ingredient descriptions.
• Catering Services: Inquiry and booking features for catering orders, special events, and bulk food orders.
• Promotional Content: Access to special offers, discounts, loyalty rewards programs, and promotional campaigns.
• Account Management: The ability to create and manage a user account to facilitate streamlined ordering, saved preferences, and order history.
• Customer Support: Communication channels including email support and any other assistance tools made available on the Site.
• Third-Party Delivery Integration: Where applicable, integration with third-party food delivery platforms and services. Such third-party services are governed by their own terms of service and privacy policies, for which Dave's Hot Chicken assumes no responsibility.

We reserve the right, in our sole discretion and at any time without notice, to modify, suspend, discontinue, or terminate any aspect of the Services, including but not limited to menu items, pricing, availability, promotional offers, and ordering functionality. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Availability of specific menu items may vary by location, time of day, season, or supply conditions. We make no guarantee that any specific item will be available at the time of your order. Photographs and descriptions of food items on the Site are for illustrative purposes only; actual products may vary in appearance.

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, including your name, delivery address, contact information, and payment details.
• Maintain the confidentiality and security of your account credentials, including your username and password, and immediately notify us of any unauthorized access to or use of your account.
• Use the Site and Services only for lawful purposes and in compliance with all applicable federal, state, and local laws, regulations, and ordinances.
• Comply with all applicable food safety, health, and hygiene guidelines when receiving and handling food orders.
• Ensure that you are present or designate an authorized individual to receive delivery orders, particularly where age-restricted products may be involved.
• Review all allergen and nutritional information provided on the Site before placing an order, and to contact us directly if you have specific dietary concerns, allergies, or medical conditions that may be affected by our food products.
• Promptly pay for all orders placed through the Site in accordance with the applicable payment terms.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Site or Services for any fraudulent, deceptive, or unlawful purpose, including but not limited to submitting false orders, using stolen payment information, or misrepresenting your identity.
• Attempt to gain unauthorized access to any portion or feature of the Site, or to any other systems or networks connected to the Site, by hacking, password mining, or any other illegitimate means.
• Transmit or introduce any viruses, worms, Trojan horses, malicious code, or other harmful or disruptive programming routines to the Site.
• Use any automated tools, bots, spiders, scrapers, data mining technology, or any other automated means to access, collect, or monitor the Site without our prior written consent.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, or access to the Site, without our express written permission.
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site, or which, as determined by us, may harm Dave's Hot Chicken or expose us to liability.
• Post, transmit, or submit any unlawful, threatening, defamatory, obscene, offensive, harassing, or otherwise objectionable content through any interactive feature of the Site.
• Violate any applicable federal, state, or local laws, including but not limited to consumer protection statutes, food safety regulations, and intellectual property laws.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• Circumvent, disable, or otherwise interfere with any security-related features of the Site, including features that prevent or restrict the copying or use of any content.
• Place orders in bad faith, including placing orders with no intention of payment or pickup, or engaging in chargebacks without legitimate cause.
• Use our Services in a manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use and enjoyment of the Site.

We reserve the right, in our sole and absolute discretion, to terminate or suspend your access to the Site and Services, cancel any pending orders, and pursue all available legal remedies against you for any violation of this Section or these Terms generally.

4. Intellectual Property Rights

All content, materials, and features available on or through the Site — including but not limited to text, graphics, photographs, logos, icons, images, audio clips, video clips, data compilations, software, the Dave's Hot Chicken name and brand, menu designs, and the overall look and feel of the Site — are the exclusive property of Dave's Hot Chicken or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property or proprietary rights laws.

The Dave's Hot Chicken name, logo, trade dress, and all related marks, product and service names, designs, and slogans are trademarks and service marks of Dave's Hot Chicken or its affiliates and licensors. You may not use such marks without the prior written permission of Dave's Hot Chicken. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks 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 use in connection with placing food orders and 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 prices;
• Any derivative use of the Site or its contents;
• Any downloading or copying of account information for the benefit of a third party; or
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Site's intellectual property will immediately terminate the license granted to you under these Terms and may constitute a violation of applicable intellectual property laws, for which Dave's Hot Chicken reserves all rights and remedies.

If you believe that any content on the Site infringes your copyright, please contact us at [email protected] with a description of the allegedly infringing material and sufficient information to allow us to locate the content on our Site.

5. Payment Terms

When you place an order through the Site, you agree to pay the full amount indicated at checkout, including the price of all food items ordered, applicable taxes, service fees, delivery fees (where applicable), and any other charges disclosed prior to completing your order.

We accept major forms of payment as indicated at checkout, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and any digital payment methods we make available. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our designated payment processor) to charge your payment method for the total amount of your order.

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Applicable sales tax will be calculated based on the delivery or pickup location and applied to your order total in accordance with applicable state and local tax laws.

Promotional discounts, coupon codes, and loyalty rewards are subject to their own specific terms and conditions and may not be combined with other offers unless expressly stated. We reserve the right to withdraw or modify any promotional offer at any time.

In the event that a pricing error occurs on the Site, we reserve the right to cancel any orders placed at the incorrect price and notify you accordingly. You will be given the opportunity to place a new order at the correct price.

5.1 Refunds and Order Cancellations

Due to the perishable nature of food products, all sales are generally final once your order has been confirmed and preparation has begun. If you experience a problem with your order — such as receiving an incorrect item, a missing item, or a food quality concern — please contact us at [email protected] within a reasonable time of receipt, and we will work with you in good faith to resolve the issue, which may include a replacement, store credit, or refund at our discretion.

Order cancellations may be possible if requested before preparation of your order has commenced. We cannot guarantee cancellation requests submitted after preparation has begun. Refund processing times may vary depending on your payment method and financial institution.

6. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES, CONTENT, AND PRODUCTS OFFERED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY 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, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT ON THE SITE, INCLUDING MENU DESCRIPTIONS, NUTRITIONAL INFORMATION, AND PRICING;
• WARRANTIES THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; AND
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES.

Food product images and descriptions are for illustrative and general informational purposes only. Actual products, including appearance, portion size, and ingredient composition, may vary. Nutritional and allergen information is provided in good faith but may not account for variations in preparation, cross-contamination in kitchen environments, or ingredient substitutions. Individuals with severe food allergies or specific dietary requirements should exercise caution and contact us directly before ordering.

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 minimum extent required by applicable law.

7. Limitation of Liability

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

• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE SITE;
• ANY ERRORS OR OMISSIONS IN CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DAVE'S HOT CHICKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL DAVE'S HOT CHICKEN'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO DAVE'S HOT CHICKEN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability set forth in this Section shall apply notwithstanding any failure of essential purpose of any limited remedy. Some states do not allow limitations on implied warranties or the exclusion or limitation of certain types of damages, so some of the above may not apply to you.

8. Indemnification

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

• Your access to or use of the Site or Services;
• Your violation of these Terms or any applicable law, regulation, or ordinance;
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;
• Any claim that your conduct or content caused damage to a third party;
• Your misuse of any food product purchased through the Site;
• Your breach of any representation or warranty made in these Terms; or
• Any fraudulent activity, willful misconduct, or negligence on your part in connection with the Site or Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms 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 laws of the state in which Dave's Hot Chicken's principal place of business is located, without regard to its conflict of law provisions or your actual state or country of residence.

To the extent that any dispute is not subject to arbitration under Section 10 of these Terms, you hereby irrevocably consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the United States for the resolution of any such dispute. 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.

These Terms are subject to applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) and other federal consumer protection statutes. Where applicable, California consumers may also have rights under the California Consumer Privacy Act (CCPA/CPRA), as more fully described in our Privacy Policy.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at [email protected] with a written description of your claim. We will attempt to resolve the dispute informally by contacting you via email within thirty (30) days. If the dispute is not resolved within sixty (60) days of your initial notice, 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, all disputes arising out of or related to these Terms, the Site, or our Services shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, rather than in a court of law.

The arbitration shall be conducted 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 shall have the authority to award any remedy that would be available in a court of law, subject to the limitations set forth in these Terms.

The costs of arbitration, including administrative and arbitrator fees, shall be governed by the AAA's Consumer Arbitration Rules. Each party shall be responsible for its own attorneys' fees unless the arbitrator determines that a claim was frivolous or brought in bad faith, in which case the arbitrator may award attorneys' fees to the prevailing party.

10.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIMS AGAINST DAVE'S HOT CHICKEN SHALL BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

10.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies under applicable small claims court rules, provided that the dispute remains in such court and proceeds only on an individual, non-class basis.

10.5 Opt-Out Right

You have the right to opt out of the binding arbitration and class action waiver provisions by providing written notice to us at [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out of arbitration, the governing law and jurisdiction provisions of Section 9 shall govern any disputes between you and Dave's Hot Chicken.

11. Term and Termination

These Terms shall remain in full force and effect while you access or use the Site or Services. We reserve the right, in our sole discretion and without prior notice or liability, to:

• Terminate or suspend your access to all or any part of the Site and Services for any reason, including without limitation if we believe you have violated these Terms;
• Cancel any pending orders associated with a terminated or suspended account;
• Remove or disable access to any content or information that you have submitted to the Site; and
• Bar you from future use of the Site and Services.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion, provided that you have no outstanding unpaid orders or unresolved disputes at the time of your termination request.

Upon any termination of your access to the Site or Services, all licenses and rights granted to you under these Terms shall immediately terminate. The following sections shall survive any termination of these Terms: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and all other provisions that by their nature should survive termination.

12. Changes to Terms

Dave's Hot Chicken reserves the right, in its sole and absolute discretion, to modify, amend, update, or replace these Terms at any time and for any reason. When we make changes to these Terms, we will update the "Last Updated" date at the top of this page and, where the changes are material, we may provide additional notice, such as sending an email to the address associated with your account or displaying a prominent notice on the Site.

Your continued access to or use of the Site or Services after any such modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must immediately discontinue your use of the Site and Services. It is your responsibility to review these Terms periodically to stay informed of any updates.

We may also update or change our menu, pricing, delivery areas, promotions, and other aspects of our Services at any time without specific notice to you through these Terms. Such operational changes are not considered amendments to these Terms requiring your renewed acceptance.

13. Severability

If any provision of these Terms is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, unenforceable, or contrary to applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, such provision shall be deemed deleted from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected, impaired, or invalidated by the modification or deletion of such provision.

The invalidity or unenforceability of any particular provision of these Terms shall not affect the validity or enforceability of any other provision, and these Terms shall be construed as if such invalid or unenforceable provision had never been part of these Terms, to the maximum extent permitted by applicable law.

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14. Additional Legal Provisions

14.1 Entire Agreement

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

14.2 No Agency

Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or franchise relationship between you and Dave's Hot Chicken. You do not have authority to bind Dave's Hot Chicken in any way.

14.3 Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, labor disputes, supply chain disruptions, governmental actions, power outages, cyberattacks, or other events of force majeure.

14.4 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without the prior written consent of Dave's Hot Chicken. We may freely assign, transfer, or delegate our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

14.5 Third-Party Links and Services

The Site may contain links to third-party websites, platforms, 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 or services. 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms of service and privacy policy of each third-party website or service you visit.

14.6 Electronic Communications

By using the Site and Services, you consent to receive electronic communications from Dave's Hot Chicken, including order confirmations, receipts, updates, and other communications related to your use of the Services. You agree that any notices, disclosures, agreements, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14.7 Headings

The headings in these Terms are included for convenience and reference only and shall not affect the construction, interpretation, or meaning of any provision of these Terms.

15. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, your rights and obligations under these Terms, or any other matter related to our Site or Services, please do not hesitate to contact us using the information below. We are committed to addressing your inquiries promptly and professionally.

When contacting us regarding a legal matter or a dispute, please provide your full name, contact information, the nature of your inquiry, and any relevant order numbers or account information to assist us in addressing your concern efficiently.