Terms of Service

Effective Date: June 24, 2026  |  Last Updated: June 24, 2026

1. Acceptance of Terms

Welcome to Dave's Hot Chicken ("Company," "we," "us," or "our"). These Terms of Service ("Terms," "Agreement") govern your access to and use of the website located at daveshotchickengo.rest (the "Website"), as well as all related services, features, content, and functionality offered by Dave's Hot Chicken, including but not limited to online ordering, promotional programs, and customer communications (collectively, the "Services").

By visiting our Website, creating an account, placing an order, clicking "I Agree," or otherwise accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of our Website and Services.

If you are using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" shall refer to that entity.

These Terms apply to all visitors, users, customers, and any other persons who access or use our Services. Dave's Hot Chicken reserves the right to refuse service to anyone for any reason at any time, to the extent permitted by applicable law.

2. Description of Services

Dave's Hot Chicken is a food service establishment specializing in Nashville-style hot chicken, tenders, sliders, and related food and beverage items. Our Services include, but are not limited to, the following:

• Online Ordering: Customers may browse our menu and place orders for pickup or delivery through our Website or through authorized third-party platforms.
• In-Restaurant Dining: We operate physical dining locations where customers may dine in person.
• Catering Services: We may offer catering services for events, subject to separate catering agreements and availability.
• Promotional Offers and Loyalty Programs: From time to time, we may offer promotional discounts, loyalty rewards, or other special offers subject to specific terms and conditions.
• Customer Support: We provide customer support through our contact channels as listed in these Terms.
• Informational Content: We provide nutritional information, allergen disclosures, and other food-related information through our Website.

We reserve the right to modify, suspend, discontinue, or restrict access to any portion of our Services at any time without prior notice or liability. Menu items, pricing, availability, and service offerings are subject to change without notice and may vary by location.

Our Services are intended for personal, non-commercial use only, unless a separate written agreement authorizes commercial use. Any unauthorized commercial exploitation of our Services is strictly prohibited.

3. Eligibility and User Accounts

To use certain features of our Services, including online ordering, you may be required to create a user account. By creating an account, you represent and warrant that:

• You are at least thirteen (13) years of age, or if under the age of majority in your jurisdiction, you have the consent of a parent or legal guardian;
• All registration information you provide is accurate, current, and complete;
• You will maintain and promptly update your account information to keep it accurate and current;
• You are responsible for maintaining the confidentiality of your account credentials;
• You will notify us immediately of any unauthorized access to or use of your account at [email protected];
• You will not share your account credentials with any third party.

Dave's Hot Chicken reserves the right to suspend, terminate, or refuse to create accounts at our sole discretion, including in cases where we believe that a user has violated these Terms or any applicable law.

4. User Obligations and Prohibited Activities

As a user of our Services, you agree to use the Website and all related features only for lawful purposes and in a manner consistent with these Terms, all applicable federal, state, and local laws and regulations, and any guidelines or policies posted on our Website.

4.1 General Obligations

You agree to:

• Provide accurate, truthful, and complete information when using our Services;
• Comply with all applicable laws and regulations, including those related to food safety, consumer protection, and electronic commerce;
• Use our Services only for their intended purpose;
• Respect the rights and dignity of other users and our staff.

4.2 Prohibited Activities

You expressly agree that you will NOT:

• Use our Services for any unlawful, fraudulent, deceptive, or harmful purpose;
• Attempt to gain unauthorized access to our systems, servers, databases, or networks;
• Interfere with or disrupt the operation of our Website or Services, including through the use of viruses, malware, bots, scrapers, or other harmful code;
• Use automated tools, scripts, or software to access or interact with our Services without our express written consent;
• Post, transmit, or distribute any content that is defamatory, harassing, abusive, threatening, obscene, or otherwise objectionable;
• Impersonate any person, business entity, or representative of Dave's Hot Chicken;
• Collect or harvest personal data of other users without their explicit consent;
• Use our Website to send unsolicited commercial communications (spam);
• Engage in any conduct that could damage our reputation or brand;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from our Website or any proprietary software;
• Violate any applicable federal, state, or local laws, including but not limited to consumer protection laws, the Federal Trade Commission Act (15 U.S.C. § 45), or any applicable food safety regulations;
• Place fraudulent orders or provide false payment information;
• Exploit any errors in pricing or promotions in bad faith.

Violation of any of the above may result in immediate termination of your access to our Services and may subject you to civil and/or criminal liability.

5. Intellectual Property Rights

All content, materials, and information available on or through our Website and Services, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software, trade names, trademarks, service marks, trade dress, and the overall "look and feel" of the Website (collectively, "Intellectual Property"), are owned by or licensed to Dave's Hot Chicken and are protected by applicable United States and international 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 other applicable laws.

You acknowledge and agree that:

• All Intellectual Property is the exclusive property of Dave's Hot Chicken or its licensors;
• You receive no ownership rights to any Intellectual Property by virtue of these Terms or your use of our Services;
• The "Dave's Hot Chicken" name, logo, and all related marks are trademarks or registered trademarks of Dave's Hot Chicken, and unauthorized use is strictly prohibited;
• You may not copy, reproduce, republish, upload, post, transmit, distribute, or create derivative works from any of our Intellectual Property without our express prior written consent.

Limited License: Subject to these Terms, Dave's Hot Chicken grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Services for your personal, non-commercial use only. This license does not include the right to: (a) modify or copy our materials; (b) use materials for any commercial purpose; (c) attempt to decompile or reverse engineer any software; (d) remove any copyright, trademark, or other proprietary notices; or (e) transfer the materials to another person.

This license shall automatically terminate if you violate any of these Terms and may be terminated by Dave's Hot Chicken at any time.

6. Online Ordering and Payment Terms

6.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the items selected at the stated price. Dave's Hot Chicken reserves the right to accept or decline any order at our sole discretion. An order is confirmed only upon our issuance of an order confirmation, which may be provided via email, SMS, or on-screen notification.

6.2 Pricing and Availability

All prices are listed in United States Dollars (USD) and are subject to change without notice. Prices may vary by location. We make reasonable efforts to display accurate pricing, but we reserve the right to correct any errors in pricing. In the event of a pricing error, we will notify you and provide the option to proceed at the correct price or cancel your order. Menu items are subject to availability, and we reserve the right to substitute items of equal or greater value if necessary.

6.3 Payment

We accept major credit cards, debit cards, and other payment methods as indicated at checkout. By submitting payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The billing information you provide is accurate and complete;
• You authorize us to charge the full amount of your order to the provided payment method.

All payment transactions are subject to verification and approval. Dave's Hot Chicken uses industry-standard security measures to protect your payment information; however, we are not responsible for unauthorized access to your payment information caused by factors beyond our reasonable control.

6.4 Taxes

Applicable sales taxes and other government-imposed fees will be added to your order total as required by law. You are responsible for any applicable taxes associated with your purchases.

6.5 Refunds and Cancellations

All sales are generally final once an order has been prepared. If you have a complaint or concern about an order, please contact us at [email protected] within twenty-four (24) hours of receiving your order. We reserve the right to issue refunds, credits, or replacements at our sole discretion on a case-by-case basis.

7. Food Allergen and Nutritional Information

Dave's Hot Chicken provides allergen and nutritional information as a courtesy to our customers. While we make reasonable efforts to ensure the accuracy of this information, we cannot guarantee that our food items are free from any specific allergen, as our products are prepared in facilities that may handle common allergens including, but not limited to, peanuts, tree nuts, milk, eggs, wheat, soy, fish, and shellfish.

Customers with severe food allergies or dietary restrictions are advised to consult with our staff directly before placing an order. Dave's Hot Chicken shall not be liable for any adverse reactions resulting from undisclosed allergens or cross-contamination, except to the extent required by applicable law.

8. Third-Party Services and Links

Our Website may contain links to third-party websites, platforms, delivery services, or applications (such as third-party delivery aggregators). These links are provided for your convenience only and do not constitute an endorsement or approval of such third parties. Dave's Hot Chicken has no control over, and assumes no responsibility for, the content, privacy policies, terms, or practices of any third-party websites or services.

When you access third-party platforms to place orders or use their services, you are subject to that third party's terms of service and privacy policy. We encourage you to review those documents carefully. Dave's Hot Chicken shall not be liable for any loss, damage, or claim arising from your use of third-party services.

9. Disclaimers and "As-Is" Basis

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAVE'S HOT CHICKEN PROVIDES ITS WEBSITE AND ALL SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WITHOUT LIMITING THE FOREGOING, 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;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.

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 ARE LIMITED TO THE MINIMUM SCOPE AND DURATION 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, FRANCHISORS, SUPPLIERS, OR LICENSORS 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;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH OUR SERVICES;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT;
• ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES.

IN NO EVENT SHALL DAVE'S HOT CHICKEN'S AGGREGATE 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 SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

The limitations of liability in this section apply whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other basis, even if Dave's Hot Chicken has been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation or exclusion of certain damages, so some or all 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, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, and franchisors (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising from or related to:

• Your use of or access to our Website or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or proprietary right;
• Any content or information you submit, post, or transmit through our Services;
• Your negligent or willful misconduct;
• Any misrepresentation made by you.

Dave's Hot Chicken reserves 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 fully with our defense of such claims. You agree not to settle any such matter without our prior written consent.

12. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with our Services is governed by our Privacy Policy, available on our Website. By using our Services, you consent to the collection and use of your personal information as described in our Privacy Policy.

To the extent applicable, our practices comply with the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and applicable provisions of the Federal Trade Commission Act (15 U.S.C. § 45) regarding unfair or deceptive acts or practices relating to privacy.

13. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to these Terms or your use of our Services shall be governed by and construed in accordance with the laws of the United States and the state in which our principal place of business is located, without regard to any conflict of law principles that would result in the application of the laws of a different jurisdiction.

Subject to the Dispute Resolution section below, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of our Services shall be brought exclusively in the state or federal courts of competent jurisdiction located in the United States, and you hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection to such jurisdiction or venue.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, 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 claim. We will use good faith efforts to resolve the dispute within thirty (30) days of receiving your notice.

14.2 Binding Arbitration

If informal resolution is unsuccessful, you and Dave's Hot Chicken agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of our Services, or any products or services purchased from us shall be resolved by binding arbitration, rather than in court, except as set forth below. This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

The arbitration shall be conducted by a recognized arbitration organization under its then-applicable rules. The arbitrator shall apply applicable law and may award the same damages and relief that a court could award. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND DAVE'S HOT CHICKEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

14.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or to preserve the status quo pending arbitration. Small claims court actions that qualify under applicable rules are also exempt from arbitration.

14.5 Time Limitation

Any claim or dispute arising under these Terms must be filed within one (1) year after the cause of action arises, or such claim shall be permanently barred, to the fullest extent permitted by applicable law.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use our Services or maintain an account with us.

Dave's Hot Chicken may, at its sole discretion and without prior notice or liability, suspend, restrict, or terminate your access to all or any part of our Services for any reason, including but not limited to:

• Breach of these Terms or any other agreement with us;
• Suspected fraudulent, abusive, or illegal activity;
• Repeated violations of our policies;
• At the request of law enforcement or other government agencies;
• Unexpected technical or security issues; or
• Discontinuation of the Services.

You may terminate your account at any time by contacting us at [email protected]. Upon termination of your account, your right to access and use our Services will immediately cease.

Termination shall not affect any rights or obligations that accrued before termination. 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 any other provisions that by their nature should survive termination.

16. Changes to These Terms

Dave's Hot Chicken reserves the right to modify, update, or replace these Terms at any time at our sole discretion. We will provide notice of material changes by:

• Posting the updated Terms on our Website with a revised "Last Updated" date;
• Sending an email notification to the address associated with your account (if applicable); and/or
• Displaying a prominent notice on our Website.

Your continued use of our Services after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately discontinue use of our Services and, if applicable, close your account.

We encourage you to periodically review these Terms to stay informed of any updates. The most current version of these Terms will always be accessible at daveshotchickengo.rest.

17. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or contrary to applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms.

The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect. The parties agree that a court or arbitrator should endeavor to give effect to the parties' intentions as reflected in these Terms to the greatest extent possible.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies expressly incorporated herein by reference, constitute the entire agreement between you and Dave's Hot Chicken with respect to your use of our Services and supersede all prior and contemporaneous agreements, understandings, negotiations, representations, and discussions, whether oral or written, relating to the subject matter hereof.

No failure or delay by Dave's Hot Chicken to exercise any right or remedy under these Terms shall be deemed a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof. A waiver must be in writing and signed by an authorized representative of Dave's Hot Chicken to be effective.

19. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performance of its obligations under these Terms caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government restrictions, war, terrorism, labor disputes, power outages, internet failures, or supply chain disruptions. In such events, we will make reasonable efforts to resume normal operations as soon as practicable.

20. Electronic Communications and Consent

By using our Services or providing us with your email address or phone number, you consent to receive electronic communications from Dave's Hot Chicken, including order confirmations, receipts, promotional offers, and other communications. These electronic communications satisfy any legal requirements that such communications be in writing.

If you have provided your mobile phone number, you consent to receive text messages (SMS) from us for order updates and promotional purposes, subject to applicable laws including the Telephone Consumer Protection Act (TCPA). Standard messaging and data rates may apply. You may opt out of SMS communications at any time by replying "STOP" to any of our messages.

21. Compliance with Laws

Dave's Hot Chicken operates in compliance with applicable federal, state, and local laws and regulations governing food service operations, including applicable food safety standards established by the U.S. Food and Drug Administration (FDA), the United States Department of Agriculture (USDA), and relevant state health departments. We comply with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) and applicable consumer protection laws enforced by the Federal Trade Commission.

Users are responsible for ensuring their use of our Services complies with all laws applicable to them in their jurisdiction.

22. Accessibility

Dave's Hot Chicken is committed to making our Website accessible to all individuals, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA) and applicable web accessibility standards. If you experience difficulty accessing any portion of our Website, please contact us at [email protected] so that we may assist you and address any accessibility issues.

23. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you need to contact us for any purpose described in these Terms, please reach out to us using the following contact information:

We will make reasonable efforts to respond to all inquiries within a reasonable timeframe. For urgent matters, particularly those involving food safety or allergic reactions, please contact your local emergency services immediately.