Terms of Service
Effective Date: May 20, 2026 | Last Updated: May 20, 2026
1. Acceptance of Terms
These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Dave's Hot Chicken ("Company," "we," "us," or "our"), governing your access to and use of the Website daveshotchicken-eat.click and all services, content, features, and functionality offered through or in connection with the Website.
By accessing this Website, placing an order, creating an account, or otherwise engaging with any of our online or in-person services, you represent that:
- You are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), you have obtained verifiable parental or guardian consent;
- You have the legal capacity to enter into a binding contract under the laws of the United States and the state in which you reside;
- You will use the Website and our services only for lawful purposes and in accordance with these Terms;
- All information you provide to us is accurate, current, and complete.
If you are accessing the 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, and all references to "you" shall include both you individually and that entity.
2. Description of Services
Dave's Hot Chicken operates as a food service business offering Nashville-style hot chicken, tenders, sliders, and related food and beverage products. Through the Website daveshotchicken-eat.click, we provide the following services:
- Online Ordering: Customers may browse our menu, customize their orders, and place orders for pickup or delivery through the Website or integrated third-party platforms;
- Menu Information: The Website provides descriptions, pricing, and nutritional information regarding our food products, subject to availability and periodic updates;
- Location and Hours Information: We provide information about restaurant locations, operating hours, and contact details;
- Promotions and Offers: From time to time, we may offer discounts, coupons, loyalty rewards, and other promotional offers through the Website;
- Account Management: Users may create and manage personal accounts to streamline the ordering process, track order history, and manage preferences;
- Customer Support: We offer customer service channels to assist with inquiries, complaints, and feedback regarding our products and services.
We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict any aspect of the Website or our services at any time, with or without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.
Certain services, features, or promotions may only be available in specific geographic locations, and availability is subject to change without notice. Menu items, prices, and offers displayed on the Website may differ from those available at physical restaurant locations.
3. User Accounts and Registration
To access certain features of the Website, including online ordering and promotional benefits, you may be required to create a user account. When registering for an account, you agree to:
- Provide accurate, truthful, current, and complete information as prompted by the registration form;
- Maintain and promptly update your account information to keep it accurate and current;
- Maintain the security and confidentiality of your account password and not share your credentials with any third party;
- Accept responsibility for all activities that occur under your account;
- Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any security breach.
We reserve the right to refuse registration, cancel accounts, or remove or edit content at our sole discretion. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.
4. User Obligations and Prohibited Activities
As a condition of your use of the Website, you agree to comply with all applicable federal, state, and local laws and regulations. You further agree to use the Website only for lawful, personal, and non-commercial purposes in accordance with these Terms.
4.1 User Obligations
You agree to:
- Use the Website in a manner that is lawful, ethical, and consistent with these Terms;
- Provide accurate information in all submissions, forms, and communications;
- Comply with all applicable laws, including consumer protection laws, data privacy laws, and food safety regulations;
- Respect the intellectual property rights of Dave's Hot Chicken and third parties;
- Maintain appropriate conduct in all communications with our staff and customer service representatives.
4.2 Prohibited Activities
You agree that you will NOT engage in any of the following prohibited activities:
- Using the Website for any fraudulent, deceptive, or unlawful purpose, including but not limited to submitting false orders, fraudulent payment information, or misrepresenting your identity;
- Attempting to gain unauthorized access to any portion of the Website, its servers, databases, or related systems or networks;
- Introducing viruses, malware, ransomware, Trojan horses, worms, or any other harmful code or programs to the Website;
- Using any automated tools, bots, scrapers, spiders, or similar technologies to access, collect data from, or interact with the Website without our prior written consent;
- Posting, transmitting, or distributing any content that is defamatory, obscene, offensive, harassing, threatening, or otherwise objectionable;
- Impersonating any person or entity, including any representative of Dave's Hot Chicken, or falsely claiming an affiliation with any person or organization;
- Engaging in any activity that interferes with or disrupts the operation of the Website or the servers and networks connected to the Website;
- Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or its content for commercial purposes without our express written authorization;
- Collecting or harvesting personally identifiable information of other users;
- Using our promotional offers, discount codes, or loyalty rewards in a fraudulent or abusive manner, including creating multiple accounts to exploit offers;
- Violating any applicable local, state, federal, or international law or regulation.
Any violation of these prohibitions may result in the immediate suspension or termination of your account, cancellation of pending orders, and may subject you to civil and/or criminal liability under applicable law.
5. Intellectual Property Rights
All content available on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the selection and arrangement thereof (collectively, the "Content"), is the exclusive property of Dave's Hot Chicken or its content suppliers and is protected by United States copyright law, trademark law, and other applicable intellectual property laws and international treaties.
The "Dave's Hot Chicken" name, logo, and all related product names, designs, slogans, and trade dress are trademarks or registered trademarks of Dave's Hot Chicken in the United States and other jurisdictions. No license to use any trademark is granted by these Terms.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for personal, non-commercial purposes, subject to these Terms. This license does not include:
- Any resale or commercial use of the Website or its Content;
- Any collection and use of product listings, descriptions, or pricing;
- Any derivative use of the Website or its Content;
- Any downloading or copying of account information for the benefit of another merchant;
- Any use of data mining, robots, or similar data gathering and extraction tools.
Any unauthorized use of the Content or trademarks may constitute a violation of applicable copyright, trademark, and other laws and could result in civil or criminal penalties. We reserve all rights not expressly granted in these Terms.
If you believe that any content on the Website infringes your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement, and we will investigate and respond in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.
6. Payment Terms and Online Orders
When you place an order through the Website, you agree to pay all charges associated with your order, including the price of the food items, applicable taxes, service fees, and delivery charges (if applicable), as displayed at the time of checkout.
6.1 Payment Methods
We accept major credit cards, debit cards, and other payment methods as indicated on the Website at the time of checkout. By providing payment information, you represent and warrant that:
- You are authorized to use the payment method provided;
- The payment information you provide is accurate and complete;
- You will promptly notify us of any changes to your payment information.
6.2 Pricing and Availability
All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. We reserve the right to correct any pricing errors, even after an order has been submitted. In the event of a pricing error, we will notify you and provide the option to proceed with the corrected price or cancel your order with a full refund.
Menu item availability is subject to change based on ingredient availability, location, and time of day. We reserve the right to substitute items of equal or greater value if a specific item becomes unavailable after your order is placed.
6.3 Cancellations and Refunds
Due to the perishable nature of food products, cancellation requests must be made promptly after placing an order. Once food preparation has commenced, cancellations may not be possible. Refund eligibility is determined on a case-by-case basis at our sole discretion. If you are dissatisfied with your order due to a quality issue or error on our part, please contact us within twenty-four (24) hours of receiving your order at [email protected].
6.4 Taxes
You are responsible for all applicable federal, state, and local taxes on your purchases. Sales tax will be calculated and added to your order total at checkout in accordance with applicable state and local tax laws.
7. Third-Party Services and Links
The Website may contain links to third-party websites, applications, or services, including third-party food delivery platforms, payment processors, and social media platforms. These links are provided for your convenience only and do not constitute an endorsement, sponsorship, or recommendation by Dave's Hot Chicken of the linked sites or their content.
We have no control over the content, privacy policies, or practices of third-party websites and assume no responsibility for them. Your use of any third-party website is subject to that website's own terms and conditions and privacy policy. We strongly encourage you to review those terms before using any third-party services.
We shall not be liable for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available through any third-party website or service.
8. Disclaimers — As-Is Basis
THE WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND FEATURES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
DAVE'S HOT CHICKEN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, 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 FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
- WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE;
- WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Nutritional and allergen information provided on the Website is intended for general informational purposes only and may not be complete or accurate. Customers with food allergies, dietary restrictions, or medical conditions are strongly advised to directly contact our restaurant locations before ordering. We cannot guarantee that any food item is free from allergens, and we shall not be liable for any allergic reactions or adverse health effects arising from the consumption of our products.
Some jurisdictions do not allow the exclusion of implied warranties, so certain of the above exclusions may not apply to you. In such cases, the implied warranty shall be limited to the shortest period permitted by applicable law.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL DAVE'S HOT CHICKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO:
- YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ITS SERVICES;
- ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR DATABASES;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
- ANY FOOD PRODUCTS PURCHASED THROUGH OR IN CONNECTION WITH THE WEBSITE;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE;
- ANY LOSS OF DATA OR PROFIT RESULTING FROM YOUR USE OF THE WEBSITE.
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
The limitations of liability set forth in this section shall apply regardless of the form of action, whether based in contract, tort (including negligence), strict liability, or otherwise, and regardless of whether we have been advised of the possibility of such damages.
Some states, including New Jersey and Massachusetts, do not allow certain limitations of liability for consumers, so some of the above limitations may not apply to you. Your rights may vary depending on your state of residence.
10. Indemnification
You agree to defend, indemnify, and hold harmless Dave's Hot Chicken and its officers, directors, employees, agents, affiliates, licensors, service providers, contractors, and successors (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms of Service;
- Your use of the Website or any services provided through the Website;
- Your violation of any applicable federal, state, or local law or regulation;
- Your violation of any rights of a third party, including intellectual property rights, privacy rights, or contractual rights;
- Any content you submit, post, or transmit through the Website;
- Your fraudulent, negligent, or intentional misconduct.
We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall not settle any claim without our prior written consent.
11. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of or related to these Terms, your use of the Website, or the products and services offered by Dave's Hot Chicken shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws, without regard to their conflict of law principles.
To the extent permitted by law, any legal action or proceeding arising under or related to these Terms that is not subject to arbitration as described in Section 12 shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.
This Website is operated from within the United States. We make no representations that the Website or its content is appropriate or available for use in locations outside the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
These Terms shall be subject to and comply with applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), as enforced by the Federal Trade Commission (FTC), as well as state consumer protection statutes as applicable to your state of residence.
12. Dispute Resolution and Arbitration
12.1 Informal Resolution
Before initiating any formal dispute resolution process, you agree to first contact Dave's Hot Chicken in writing at [email protected] and provide a detailed description of your claim or dispute. We will use good-faith efforts to resolve the dispute informally within thirty (30) days of receiving your written notice. If the dispute is not resolved within that period, either party may proceed to arbitration as described below.
12.2 Binding Arbitration
EXCEPT AS PROVIDED IN SECTION 12.4 BELOW, ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR OUR PRODUCTS AND SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT. By agreeing to these Terms, you and Dave's Hot Chicken are each waiving the right to a trial by jury and to participate in a class action lawsuit or class-wide arbitration.
The arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall take place in the United States in a location mutually agreed upon by the parties, or via telephone or video conference if agreed. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
12.3 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees shall be governed by the AAA's Consumer Arbitration Rules. If the arbitrator finds that your claim is not frivolous, we will pay all such fees. Each party shall bear its own attorneys' fees unless the arbitrator awards attorneys' fees as part of the remedy.
12.4 Exceptions to Arbitration
Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights. You may also bring claims in small claims court if they qualify for such jurisdiction.
12.5 Class Action Waiver
YOU AND DAVE'S HOT CHICKEN AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against Dave's Hot Chicken. If a court finds this class action waiver unenforceable, then the arbitration agreement shall be null and void, and the dispute shall be resolved in court.
13. Term and Termination
These Terms are effective from the moment you first access the Website and shall remain in full force and effect until terminated in accordance with the provisions herein.
We reserve the right, in our sole discretion, to suspend or terminate your access to the Website, cancel any pending orders, and/or deactivate or delete your account with or without notice and without liability to you, for any reason, including but not limited to:
- Your violation of these Terms or any applicable law;
- Fraudulent, abusive, or harmful behavior;
- Requests by law enforcement or other government authorities;
- Unexpected technical issues or maintenance;
- Our decision to discontinue the Website or any of its services.
Upon termination, all rights and licenses granted to you under these Terms will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitation of liability, indemnification, and dispute resolution provisions.
You may terminate your account at any time by contacting us at [email protected].
14. Changes to Terms of Service
Dave's Hot Chicken reserves the right, at its sole discretion, to modify, amend, update, or replace any portion of these Terms of Service at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by posting a notice on the Website or sending an email notification to registered users.
Your continued use of the Website after any changes to these Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately discontinue your use of the Website and, if applicable, delete your account.
It is your responsibility to review these Terms periodically to stay informed of any changes. We encourage you to check this page each time you visit the Website.
15. Severability
If any provision, clause, or portion of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be severed 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 invalidity or unenforceability of any other provision.
The failure of Dave's Hot Chicken to enforce any provision of these Terms shall not be construed as a waiver of that provision or of the right to enforce it at a later time. No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
16. Entire Agreement
These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by us 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 understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter hereof.
No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Dave's Hot Chicken.
17. Electronic Communications
By using the Website and our services, you consent to receive electronic communications from Dave's Hot Chicken, including order confirmations, promotional offers, policy updates, and other notices. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal requirement that such communications be in writing.
In accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.), you agree that your use of the Website and electronic submission of orders constitutes your electronic signature and agreement to these Terms.
18. California Privacy Rights
If you are a resident of California, you have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). These rights include the right to know what personal information we collect about you, the right to request deletion of your personal information, the right to opt out of the sale or sharing of your personal information, and the right to non-discrimination for exercising your privacy rights. For more information about how we handle your personal data, please review our Privacy Policy or contact us directly.
19. Force Majeure
Dave's Hot Chicken shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, labor disputes or strikes, supply chain disruptions, power outages, internet service interruptions, or acts of terrorism or war. In such events, we will make reasonable efforts to resume services as soon as practicable.
20. Contact Information
If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact us for any reason related to your use of the Website or our services, please reach out to us using the following contact information:
| Company Name | Dave's Hot Chicken |
|---|---|
| Email Address | [email protected] |
| Website | daveshotchicken-eat.click |
We will make every effort to respond to your inquiry within a reasonable time. For urgent matters related to food safety or order issues, please contact us directly via email for prompt assistance.