Terms of Service

Effective Date: July 2, 2026  |  Last Updated: July 2, 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"), the operator of the website located at daveshotmenu.rest (the "Website"). These Terms govern your access to and use of the Website, including any content, features, services, menus, online ordering capabilities, and other functionality offered on or through the Website.

By visiting, browsing, registering for an account, placing an order, or otherwise interacting with the Website, you expressly accept these Terms in their entirety. Your continued use of the Website following any modifications to these Terms shall constitute your acceptance of such revised Terms.

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 legal authority to bind that entity to these Terms, and references to "you" shall apply to both you as an individual and the entity you represent.

You must be at least thirteen (13) years of age to use this Website. If you are under eighteen (18) years of age, you must have the consent and supervision of a parent or legal guardian. By using this Website, you represent and warrant that you meet these age requirements.

2. Description of Services

Dave's Hot Chicken operates as a food service business, providing customers with access to our menu offerings, online ordering capabilities, restaurant location information, promotional content, and related food service features. The services offered through the Website include, but are not limited to:

• Online Menu Browsing: Access to our current food and beverage menu, including descriptions, pricing, allergen information, and nutritional data where available.
• Online Ordering: The ability to place food orders for pickup, dine-in, or delivery (where available in your area), subject to applicable service area limitations and third-party delivery partner terms.
• Account Management: The ability to create and manage a personal user account to track order history, save preferences, and manage payment methods.
• Promotional Offers and Loyalty Programs: Access to special deals, promotions, discount codes, and any loyalty or rewards programs offered by Dave's Hot Chicken from time to time.
• Customer Communications: Subscription to newsletters, promotional emails, and notifications about new menu items, locations, or events, subject to your consent and applicable laws.
• Contact and Support Services: Access to customer service, feedback submission, and general inquiry capabilities.

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any aspect of the Website or its services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

All food and beverage items displayed on the Website are subject to availability. Menu items, prices, and availability may vary by location and are subject to change without prior notice. Images of food items displayed on the Website are for illustrative purposes only and may not exactly represent the actual product served.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order, and to promptly update such information to maintain its accuracy.
• Maintain the confidentiality of your account credentials, including your username and password, and to notify us immediately of any unauthorized use of your account.
• Accept full responsibility for all activities that occur under your account.
• Use the Website only for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, and federal laws and regulations in connection with your use of the Website.
• Treat all other users, our staff, and third-party service providers with respect and professionalism in any communications facilitated through the Website.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities in connection with your use of the Website:

• Using the Website for any unlawful, fraudulent, or malicious purpose, including but not limited to submitting false orders, using stolen payment information, or engaging in identity theft.
• Attempting to gain unauthorized access to any portion of the Website, our servers, databases, or any system or network connected to the Website.
• Using automated tools, bots, scrapers, crawlers, or other similar means to access, collect, or copy any content from the Website without our prior written permission.
• Interfering with or disrupting the integrity or performance of the Website, servers, or networks connected to the Website.
• Transmitting any viruses, malware, trojan horses, ransomware, or any other malicious or harmful code through the Website.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or its content for commercial purposes without our express written authorization.
• Posting, transmitting, or distributing any content that is defamatory, obscene, offensive, discriminatory, harassing, or otherwise objectionable.
• Circumventing, disabling, or otherwise interfering with any security features of the Website, including features that prevent or restrict the use or copying of content.
• Using the Website to send unsolicited commercial communications (spam) to other users or third parties.
• Collecting or harvesting personal information about other users of the Website without their consent.
• Engaging in any activity that could damage, disable, overburden, or impair the Website or our servers or networks.
• Using the Website in any manner that could expose Dave's Hot Chicken to legal liability or reputational harm.
• Placing fraudulent, fictitious, or abusive orders, including but not limited to placing orders with no intent to pay or to receive the food.

We reserve the right to investigate any suspected violation of these prohibitions and to take appropriate action, including termination of your account, reporting violations to law enforcement authorities, and seeking legal remedies.

4. Intellectual Property Rights

4.1 Ownership of Content

The Website and all of its contents, features, and functionality — including but not limited to text, graphics, logos, photographs, images, videos, audio clips, digital downloads, data compilations, software, menu designs, brand identities, and the overall look and feel of the Website — are owned by or licensed to Dave's Hot Chicken and are protected by United States and international intellectual property laws, including copyright, trademark, trade secret, and other proprietary rights laws.

The Dave's Hot Chicken name, logo, brand marks, and all related names, logos, product and service names, designs, slogans, and trade dress are trademarks of Dave's Hot Chicken or its affiliates or licensors. You may not use such marks without the prior written permission of Dave's Hot Chicken.

4.2 Limited License to Users

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 Website solely for your personal, non-commercial purposes related to ordering food and using our services. This license does not include the right to:

• Reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any content obtained from or through the Website;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Use the Website or its contents for any commercial purpose without our express written consent.

4.3 User-Submitted Content

If you submit any content to the Website, including but not limited to reviews, feedback, comments, photos, or suggestions ("User Content"), you grant Dave's Hot Chicken a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to submit User Content and that such content does not infringe upon the rights of any third party.

5. Online Ordering and Payment Terms

5.1 Order Placement and Acceptance

When you place an order through the Website, you are making an offer to purchase food items at the prices stated at the time of your order. All orders are subject to availability and confirmation. We reserve the right to refuse, cancel, or limit any order at any time, including after confirmation, for reasons including but not limited to: unavailability of menu items, suspected fraud, pricing errors, or service limitations in your area.

An order confirmation sent to you via email or displayed on-screen does not constitute final acceptance of your order. Our acceptance of your order is complete only when we begin preparation of your order or a delivery driver is assigned, as applicable.

5.2 Pricing and Taxes

All prices listed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Applicable sales taxes, service fees, and delivery fees (if any) will be calculated and displayed during the checkout process before you confirm your order. You are responsible for all applicable taxes associated with your purchase.

In the event of a pricing error on the Website, we reserve the right to cancel your order and issue a full refund, or to contact you to determine whether you wish to proceed with the corrected pricing.

5.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed during the checkout process. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our payment processor) to charge your payment method for the total amount of your order, including applicable taxes and fees.

All payment transactions are processed through secure, third-party payment processors. Dave's Hot Chicken does not store your full credit card information on our servers. Your use of such payment processing services is also governed by the terms and conditions of our third-party payment processors.

5.4 Cancellations and Refunds

Due to the perishable nature of food products, all sales are generally final once food preparation has begun. Cancellations may be requested prior to the commencement of food preparation, subject to our ability to process such requests in a timely manner. Refunds or credits may be issued at our sole discretion in cases of incorrect orders, significant quality issues, or other circumstances we deem appropriate. Please contact us at [email protected] with any concerns regarding your order.

6. Third-Party Services and Links

The Website may contain links to third-party websites, applications, or services, including third-party delivery platforms, payment processors, social media platforms, and mapping services. These links are provided solely for your convenience. Dave's Hot Chicken has no control over the content, policies, or practices of any third-party website or service and is not responsible for any information, products, or services offered by third parties.

Your use of third-party websites and services is at your own risk and subject to the terms and conditions of those third parties. We encourage you to review the terms of service and privacy policies of any third-party services you access.

The inclusion of any link on the Website does not imply our endorsement of the linked website or service. If you use any delivery services provided by third-party partners, your relationship with those delivery partners is governed by their own terms and conditions.

7. Disclaimers and "As-Is" Basis

7.1 General Disclaimer

THE WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND FEATURES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER 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, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED;
• WARRANTIES REGARDING THE SUITABILITY OF ANY FOOD ITEM FOR YOUR INDIVIDUAL DIETARY NEEDS OR HEALTH CONDITIONS.

7.2 Food and Allergen Disclaimer

Menu item descriptions, ingredients, allergen information, and nutritional content displayed on the Website are provided for general informational purposes only and may not be complete, current, or accurate. Food preparation processes may expose products to allergens, including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish. If you have food allergies, intolerances, or specific dietary requirements, you should contact us directly before placing an order. Dave's Hot Chicken shall not be liable for any adverse reactions, health consequences, or injuries resulting from the consumption of our food products.

7.3 Spice Level Disclaimer

Dave's Hot Chicken is known for offering food items with varying levels of spice and heat intensity. By ordering any spiced menu items, you acknowledge and accept the inherent risks associated with consuming spicy food, including but not limited to gastrointestinal discomfort, allergic reactions, or other physical effects. We encourage customers to exercise personal judgment and consult a healthcare professional if they have any health conditions that may be affected by spicy food.

8. 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, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS TRANSMITTED THROUGH THE WEBSITE;
• ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE;

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THESE TERMS, 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 ALL CASES, DAVE'S HOT CHICKEN'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL BE LIMITED TO THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00), OR (B) THE TOTAL AMOUNT PAID BY YOU TO DAVE'S HOT CHICKEN IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification

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

• Your violation of these Terms of Service;
• Your use of the Website, including but not limited to any User Content you submit or transmit through the Website;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any rights of any third party, including intellectual property rights, privacy rights, or consumer protection rights;
• Any fraudulent, deceptive, or negligent act or omission by you in connection with your use of the Website;
• Any claim that your User Content caused damage to a third party;
• Your misrepresentation of any information provided to Dave's Hot Chicken.

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

10. Governing Law and Jurisdiction

These Terms of Service, and any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website, or any products or services ordered through the Website, shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which the relevant Dave's Hot Chicken location operates, without regard to any conflict of law principles that would cause the laws of another jurisdiction to apply.

You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the appropriate federal or state courts of competent jurisdiction in the United States. You hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such action in such courts.

These Terms are subject to applicable federal consumer protection laws, including the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., and any other applicable federal statutes governing consumer rights and business practices. To the extent that any Dave's Hot Chicken location serves customers in the State of California, applicable provisions of the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and California Consumer Protection laws may also apply.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website by contacting Dave's Hot Chicken directly at [email protected]. We will make reasonable efforts to resolve your concern within thirty (30) days of receiving your written notice. This informal dispute resolution process is a condition precedent to commencing any formal legal action.

11.2 Binding Arbitration

If a dispute is not resolved through informal means within thirty (30) days, you and Dave's Hot Chicken agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or any products or services ordered through the Website — including questions about the existence, validity, interpretation, performance, or termination of these Terms — shall be resolved exclusively through final, binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitration shall be conducted in the English language. The arbitrator shall have authority to award any remedy that would be available in a court of law, but shall not have the power to award relief to, against, or for the benefit of any person who is not a party to the arbitration proceeding.

11.3 Class Action Waiver

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

11.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in a small claims court of competent jurisdiction for disputes within the applicable monetary threshold, provided the matter remains in such court and proceeds only on an individual basis.

11.5 Jury Trial Waiver

TO THE EXTENT ANY MATTER IS PERMITTED TO BE LITIGATED IN COURT, YOU AND DAVE'S HOT CHICKEN EACH WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect for as long as you continue to access or use the Website or maintain an account with Dave's Hot Chicken, unless earlier terminated in accordance with this Section.

12.2 Termination by You

You may terminate your account and your agreement to these Terms at any time by discontinuing your use of the Website and, if applicable, by submitting a written request to close your account to [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination, including any outstanding payment obligations.

12.3 Termination by Us

Dave's Hot Chicken reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate your access to the Website and/or your account, with or without notice and without liability to you, if we believe that:

• You have violated any provision of these Terms;
• You have engaged in fraudulent, abusive, or otherwise unlawful conduct;
• Your conduct has caused or could cause harm to Dave's Hot Chicken, other users, or third parties;
• We are required to do so by law or a competent authority;
• We decide to discontinue or substantially modify the Website or its services.

12.4 Effect of Termination

Upon termination of these Terms for any reason, your license to use the Website shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation: intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

13. Changes to These Terms

Dave's Hot Chicken reserves the right to modify, update, or revise these Terms of Service at any time and at its sole discretion. When we make changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate and practicable, provide additional notice such as posting a prominent notice on the Website's homepage or sending an email notification to registered users.

Your continued access to or use of the Website after the posting of any revised Terms constitutes your acceptance of and agreement to be bound by the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.

If you do not agree to the revised Terms, you must immediately discontinue your use of the Website and, if applicable, request the closure of your account.

No modification or waiver of these Terms by Dave's Hot Chicken shall be binding unless made in writing and signed by an authorized representative of Dave's Hot Chicken. No waiver of any provision of these Terms shall be deemed a continuing waiver of such provision or any other provision.

14. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had not been included.

The parties agree to replace any invalid or unenforceable provision with a valid provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision.

15. Additional Legal Provisions

15.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements published by Dave's Hot Chicken 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 or contemporaneous communications, representations, warranties, and agreements, whether oral or written, relating to the subject matter hereof.

15.2 No Waiver

The failure of Dave's Hot Chicken to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Dave's Hot Chicken.

15.3 Assignment

You may not assign, delegate, or transfer your rights or obligations under these Terms without the prior written consent of Dave's Hot Chicken. Dave's Hot Chicken may freely assign these Terms or any of its rights or obligations hereunder without restriction, including in connection with a merger, acquisition, sale of assets, or operation of law. Any attempted assignment in violation of this provision shall be null and void.

15.4 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 that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, government actions, supply chain disruptions, labor disputes, civil unrest, cyberattacks, or failures of third-party infrastructure or services.

15.5 Electronic Communications

By using the Website and creating an account, you consent to receive communications from Dave's Hot Chicken electronically. You agree that all notices, disclosures, agreements, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. This consent applies to all communications related to your use of the Website, including order confirmations, account notifications, and updates to these Terms.

15.6 Accessibility

Dave's Hot Chicken is committed to ensuring that our Website is accessible to all users, including individuals with disabilities, in compliance with applicable federal accessibility standards. If you experience any difficulty accessing or using the Website, please contact us at [email protected] so that we may assist you.

16. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, the Website, or your use of our services, please do not hesitate to contact us using the information provided below:

We will make every effort to respond to all legitimate inquiries within five (5) to ten (10) business days. For urgent matters related to an active order, please contact the specific restaurant location directly.

© 2026 Dave's Hot Chicken. All rights reserved. | daveshotmenu.rest | [email protected]