Terms of Service

Effective Date: July 1, 2026  |  Last Updated: July 1, 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"), the operator of the website located at daves-new.click. By accessing, browsing, or using this Website in any manner — including placing orders, submitting inquiries, creating an account, or simply viewing content — you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations of the United States of America.

If you are using this Website on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind that entity to these Terms, in which case the terms "you" and "your" shall refer to that entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Website.

These Terms apply to all visitors, registered users, customers, and others who access or use the Website. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

You must be at least 18 years of age (or the applicable age of majority in your state of residence) to use this Website and enter into binding contracts. By using this Website, you represent and warrant that you meet this age requirement. If you are under the age of 18, you may only use this Website 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 in the United States, providing customers with access to its menu of hot chicken offerings, including but not limited to chicken tenders, chicken sliders, french fries, and related food and beverage items. The Website provides Users with the ability to:

• Browse the menu and view food item descriptions, pricing, and nutritional information;
• Place online food orders for pickup and/or delivery (where available);
• Create and manage a personal account;
• Access promotional offers, discount codes, and loyalty rewards;
• Contact the Company for customer service inquiries;
• Locate restaurant locations and hours of operation;
• Review allergen and ingredient information for menu items; and
• Receive updates, newsletters, and marketing communications (where opted in).

The availability of specific services, menu items, and features may vary depending on your geographic location, restaurant location, time of day, and other operational factors. Dave's Hot Chicken reserves the right to modify, suspend, or discontinue any service, feature, or menu item at any time without prior notice.

All food orders placed through the Website are subject to acceptance by the Company. We reserve the right to refuse or cancel any order at our discretion, including but not limited to instances of suspected fraud, pricing errors, unavailability of items, or limitations in service capacity at specific locations.

Third-Party Delivery Services: Certain delivery services may be fulfilled by third-party delivery platforms or couriers. Dave's Hot Chicken is not responsible for delays, errors, or service failures caused by third-party delivery providers. Use of third-party platforms is subject to those platforms' own terms and conditions.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account, placing orders, or contacting us;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access or suspected breach of security;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Website;
• Use the Website only for lawful, personal, non-commercial purposes unless expressly authorized in writing by the Company;
• Promptly update your account information to ensure it remains accurate and complete;
• Accept responsibility for all activities conducted through your account; and
• Cooperate with any reasonable requests from the Company related to verification of your identity or order details.

3.2 Prohibited Activities

You expressly agree that you will NOT engage in any of the following prohibited activities:

• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, other user accounts, or our servers, networks, or databases;
• Fraudulent Conduct: Submitting false, fraudulent, or misleading information; impersonating another person or entity; or misrepresenting your identity or affiliation;
• Harmful Code: Uploading, transmitting, or distributing viruses, malware, spyware, worms, Trojan horses, or any other malicious or harmful code;
• Scraping and Data Mining: Using automated tools, bots, scrapers, crawlers, or similar technologies to extract data from the Website without express written permission;
• Interference: Interfering with, disrupting, or placing an unreasonable load on the Website's infrastructure, servers, or networks;
• Intellectual Property Infringement: Reproducing, distributing, publicly displaying, or creating derivative works from any content on the Website without our prior written consent;
• Spam and Unsolicited Communications: Using the Website to send unsolicited commercial communications or spam to other users;
• Order Manipulation: Abusing promotional codes, loyalty rewards, or discount offers in a manner not intended by the Company;
• Reverse Engineering: Attempting to reverse engineer, decompile, or disassemble any software or technology used by the Website;
• Defamation: Posting or transmitting any content that is defamatory, harassing, threatening, obscene, or otherwise objectionable; and
• Violation of Laws: Using the Website for any activity that violates any applicable federal, state, or local law or regulation, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the CAN-SPAM Act, or applicable consumer protection laws enforced by the Federal Trade Commission (FTC).

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including removing violating content, suspending or terminating accounts, and reporting violations to appropriate law enforcement authorities.

4. Intellectual Property Rights

All content on this Website — including but not limited to text, graphics, logos, photographs, images, audio clips, video content, menu designs, icons, digital downloads, software, and the compilation and arrangement thereof (collectively, "Content") — is the exclusive property of Dave's Hot Chicken or its content suppliers and licensors, and is protected by applicable intellectual property laws, including the United States Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and other applicable state and federal laws.

The Dave's Hot Chicken name, logo, brand marks, trade dress, and all related product names and slogans are trademarks or registered trademarks of the Company in the United States and/or other jurisdictions. Nothing in these Terms grants you any right or license to use any Company trademark, logo, or trade name without the express prior written consent of an authorized representative of the Company.

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

• Reproduce, duplicate, copy, or sell any portion of the Website;
• Resell or commercially exploit any Content;
• Modify or create derivative works based upon the Website or its Content;
• Publicly display, perform, or distribute any Content; or
• Use any data mining, robots, or similar data gathering or extraction methods.

Any unauthorized use of the Content or Website terminates the license granted herein and may constitute an infringement of our intellectual property rights, subjecting you to civil and/or criminal liability.

If you believe that any content on our Website infringes upon your copyright, please contact us at [email protected] with a detailed description of the alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Pricing, Payment Terms, and Orders

5.1 Pricing

All prices displayed on the Website are listed in United States Dollars (USD) and are subject to change without notice. Prices may vary by location. Applicable federal, state, and local taxes, service fees, and delivery charges will be added to your order total and disclosed prior to final checkout. You are responsible for all applicable taxes assessed against your order based on your location and applicable law.

5.2 Payment Methods

The Company accepts various payment methods as indicated at checkout, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and digital payment platforms. By submitting payment information, you represent and warrant that: (a) you are authorized to use the designated payment method; (b) the payment information you provide is accurate and complete; and (c) charges incurred by you will be honored by your payment provider.

5.3 Order Confirmation and Cancellations

Upon successful placement of an order, you will receive an order confirmation via email. This confirmation does not constitute acceptance of your order; rather, it confirms that your order has been received. Dave's Hot Chicken reserves the right to cancel or refuse any order at any time for any reason, including pricing errors or unavailability of items. If your order is cancelled after payment has been processed, a full refund will be issued to your original payment method within a reasonable time.

5.4 Refunds and Returns

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience an issue with your order — such as receiving incorrect or unsatisfactory items — please contact us at [email protected] within 24 hours of receipt. We will review each complaint on a case-by-case basis and may, at our sole discretion, offer a refund, store credit, or replacement. Dave's Hot Chicken reserves the right to require photographic or other documentation of any claimed issue before processing any refund or replacement.

5.5 Promotional Codes and Discounts

Promotional codes and discount offers are subject to their individual terms and conditions, including expiration dates and usage limitations. Promotional offers may not be combined with other offers unless expressly stated. Misuse or fraudulent use of promotional codes may result in order cancellation and account suspension.

6. Disclaimers — "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND INFORMATION PROVIDED THROUGH THE WEBSITE 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, 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, INFORMATION, OR MATERIALS ON THE WEBSITE; AND
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE.

Food Allergen Disclaimer: Dave's Hot Chicken provides allergen and ingredient information to the best of its ability; however, we cannot guarantee that any menu item is entirely free from allergens. Our food items are prepared in facilities that may handle common allergens including peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish. If you have a severe food allergy or dietary restriction, please contact us directly before placing an order. By ordering food through our Website, you acknowledge this risk and agree that Dave's Hot Chicken shall not be liable for any allergic reactions or dietary-related health issues.

Nutritional Information Disclaimer: Nutritional information provided on the Website is estimated and may vary based on preparation methods, ingredient sourcing, portion sizes, and location-specific variations. This information is not intended to constitute medical or dietary advice.

7. 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, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE; OR
• ANY OTHER MATTER ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES,

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 FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID 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).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnification

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

1. Your use or misuse of the Website or Services;
2. Your violation of any provision of these Terms;
3. Your violation of any applicable federal, state, or local law or regulation;
4. Your infringement of any intellectual property right or other right of any third party;
5. Any content or materials you submit, post, or transmit through the Website;
6. Your fraud, willful misconduct, or negligence; or
7. Any dispute between you and a third party, including delivery service providers.

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

9. Governing Law and Jurisdiction

These Terms of Service, and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to any conflict-of-law principles that would require the application of the laws of another jurisdiction.

For matters governed by federal law, including claims under the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Computer Fraud and Abuse Act, the Digital Millennium Copyright Act, and other applicable federal statutes, jurisdiction shall lie in the appropriate federal courts of the United States.

For state-law claims, the parties consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the state where Dave's Hot Chicken's principal place of business is located. You hereby waive any objection to the laying of venue of any such proceedings in such courts and waive any objection that such courts are an inconvenient forum.

If you are a resident of a state with specific consumer protection statutes — including the California Consumer Privacy Act (CCPA/CPRA) as applicable to California residents — nothing in these Terms shall be construed to limit any rights granted to you under applicable state consumer protection laws that cannot be contractually waived.

10. Dispute Resolution and Arbitration

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Dave's Hot Chicken at [email protected] and provide a written description of the dispute, the relief sought, and your contact information. The parties agree to attempt to resolve any dispute informally for a period of thirty (30) days from the date of the written notice before resorting to arbitration or litigation.

10.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR 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 WEBSITE SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. This arbitration agreement is entered into pursuant to the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

Arbitration shall be conducted by a nationally recognized arbitration organization, such as the American Arbitration Association (AAA), under its Consumer Arbitration Rules then in effect (available at www.adr.org). The arbitration shall be conducted in English and may be conducted in person, by telephone, or via written submissions as agreed upon by the parties or determined by the arbitrator.

10.3 Class Action Waiver

YOU AND DAVE'S HOT CHICKEN EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. All disputes must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator shall have no authority to consolidate claims or preside over any form of class or representative proceeding.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, confidential information, or other proprietary rights.

10.5 Arbitration Costs

The payment of filing, administrative, and arbitrator fees shall be governed by the applicable arbitration rules. If your claim does not exceed $10,000 USD, Dave's Hot Chicken will pay all such fees unless the arbitrator determines that your claim was frivolous or brought in bad faith.

11. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Website or maintain an account with the Company. Dave's Hot Chicken reserves the right, in its sole and absolute discretion, to:

• Suspend or terminate your account and access to the Website at any time, with or without notice, for any reason, including but not limited to your breach of these Terms;
• Restrict, limit, or block your access to any feature or portion of the Website;
• Discontinue, modify, or suspend the Website or any portion thereof at any time; and
• Pursue any legal or equitable remedies available to us in the event of your violation of these Terms.

You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to access and use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination — including but not limited to intellectual property provisions, disclaimers, limitation of liability, indemnification, and dispute resolution provisions — shall survive termination of your account or these Terms.

Termination of your account does not relieve you of any obligations incurred prior to termination, including outstanding payment obligations or pending order fulfillment responsibilities.

12. Third-Party Links and Services

The Website may contain links to third-party websites, services, or platforms that are not owned or controlled by Dave's Hot Chicken, including but not limited to delivery platforms, payment processors, social media platforms, and mapping services. These links are provided for your convenience only.

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. We do not warrant or make any representations regarding the accuracy, reliability, or availability of third-party content. Your access to and use of any third-party website or service is at your own risk and subject to the terms and conditions of that third party.

The inclusion of any link on this Website does not imply endorsement, sponsorship, or affiliation by Dave's Hot Chicken with any third party or its products, services, or content.

13. Privacy and Data Collection

Your use of this Website is also governed by our Privacy Policy, which is incorporated herein by reference. By using this Website, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. Dave's Hot Chicken complies with applicable federal privacy laws, including regulations enforced by the Federal Trade Commission (FTC), and, where applicable, state privacy laws including the California Consumer Privacy Act (CCPA/CPRA) for California residents.

If you have any questions about how we collect, use, or store your personal information, please review our Privacy Policy or contact us at [email protected].

14. Changes to Terms

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

Your continued use of the Website after any such modifications have been posted constitutes your acknowledgment and acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any changes. If you do not agree to the modified Terms, you must discontinue your use of the Website immediately.

No amendment to these Terms by you shall be effective unless made in a written instrument signed by an authorized representative of Dave's Hot Chicken.

15. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, unlawful, void, unenforceable, or in conflict with any applicable law or regulation, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way. The severed provision shall be replaced by a valid and enforceable provision that, to the greatest extent possible, achieves the original intent and economic effect of the severed provision.

The failure of Dave's Hot Chicken to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any specific breach shall not constitute a waiver of any subsequent breach of the same or any other provision. No course of dealing or course of performance shall be deemed a waiver of any right or remedy under these Terms.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or additional terms and conditions posted on the Website, constitute the entire agreement between you and Dave's Hot Chicken with respect to your use of the Website and supersede all prior and contemporaneous communications, representations, warranties, understandings, and agreements — whether oral or written — between you and the Company relating to the subject matter herein.

No statement, representation, or promise not expressly set forth herein shall be binding upon either party. Headings used in these Terms are for convenience only and shall not affect the interpretation of any provision.

17. Force Majeure

Dave's Hot Chicken shall not be liable or responsible for any failure to perform or delay in performance of any of its obligations under these Terms that is caused by events outside its reasonable control, including but not limited to acts of God, fire, flood, hurricane, earthquake, pandemic, epidemic, government action or regulation, war, terrorism, labor disputes, power outages, internet service disruptions, or supply chain failures ("Force Majeure Event"). During the continuation of a Force Majeure Event, our obligations under these Terms will be suspended to the extent affected by such event.

18. Contact Information

If you have any questions, concerns, complaints, or inquiries regarding these Terms of Service, your rights, or our services, please contact us using the information below:

We endeavor to respond to all inquiries within five (5) business days. For urgent matters relating to food safety or order issues, please contact us immediately via email and clearly mark your message as urgent.

These Terms of Service were last updated on July 1, 2026. By continuing to use daves-new.click, you acknowledge that you have read, understood, and agreed to be bound by all of the terms and conditions set forth herein.