Terms of Service

Effective Date: June 19, 2026  |  Last Updated: June 19, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Dave's Hot Chicken ("Company," "we," "us," or "our"), governing your access to and use of the Website at hotchicken-daves.rest and all associated services, content, features, and functionality offered through the Website.

By accessing this Website, placing an order, creating an account, or otherwise interacting with our digital platforms, you expressly agree to these Terms in their entirety. Your continued use of the Website following any posted modification to these Terms constitutes your acceptance of those changes.

These Terms apply to all visitors, registered users, customers, and others who access or use our Website. If you are using this Website 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 "you" shall refer to that entity.

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use this Website independently. If you are under 18 years of age, you may only use this Website under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

2. Description of Services

Dave's Hot Chicken operates as a food service business providing Nashville-style hot chicken, tenders, sliders, sandwiches, sides, beverages, and related food and beverage products (collectively, "Products"). Through the Website, we offer the following services:

• Online Ordering: Customers may browse our menu, customize their orders, and place orders for pickup or delivery through the Website or through integrated third-party delivery platforms.
• Menu Information: The Website provides detailed information about our menu offerings, including descriptions, pricing, nutritional information, and allergen disclosures to the best of our ability.
• Location & Hours: The Website provides information regarding our restaurant locations, operating hours, and contact details.
• Promotions and Offers: From time to time, we may offer special promotions, discounts, loyalty programs, or limited-time deals accessible through the Website.
• Customer Support: Users may contact us through the Website to submit inquiries, feedback, complaints, or requests related to our products and services.
• Account Management: Users may create and manage personal accounts to facilitate faster ordering, track order history, and manage preferences.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you. Menu items, prices, availability, and services are subject to change without prior notice.

Dave's Hot Chicken does not guarantee continuous, uninterrupted access to the Website. The Website may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

3. User Accounts and Registration

Certain features of the Website may require you to register for an account. When registering, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the confidentiality of your account credentials, including your username and password.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account or any other security breach by contacting us at [email protected].

We reserve the right to suspend or terminate your account at our sole discretion if we believe that you have violated these Terms, provided false information, or engaged in any activity that is harmful to us, other users, or third parties. You may not create multiple accounts for the purpose of circumventing restrictions or obtaining unfair advantages in promotions or loyalty programs.

4. User Obligations and Prohibited Activities

As a condition of using our Website and services, you agree to comply with all applicable local, state, and federal laws and regulations. You further agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit anyone's use or enjoyment of the Website.

4.1 General User Obligations

You agree to:

• Use the Website solely for your personal, non-commercial use unless otherwise expressly authorized by Dave's Hot Chicken in writing.
• Provide truthful, accurate, and complete information when placing orders, creating accounts, or communicating with our staff.
• Honor all orders placed through the Website and pay for all charges incurred under your account.
• Comply with all applicable laws, including those relating to consumer protection, food safety, and electronic commerce.

4.2 Prohibited Activities

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

• Using the Website for any fraudulent, deceptive, or unlawful purpose, including but not limited to submitting false orders, providing fictitious payment information, or misrepresenting your identity.
• Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, through hacking, password mining, or any other illegitimate means.
• Uploading, transmitting, or distributing any computer virus, worm, Trojan horse, ransomware, spyware, adware, or any other malicious code intended to damage, disrupt, or gain unauthorized access to systems or data.
• Scraping, crawling, data mining, or otherwise extracting data from the Website using automated tools, bots, scripts, or any other means without our express written consent.
• Posting, transmitting, or sharing any content that is defamatory, obscene, harassing, threatening, discriminatory, or otherwise objectionable.
• Infringing or violating the intellectual property rights, privacy rights, or any other rights of Dave's Hot Chicken or any third party.
• Engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure or interferes with the proper functioning of the Website.
• Circumventing or disabling any security features, digital rights management systems, or access control mechanisms of the Website.
• Reselling, redistributing, or commercially exploiting any content, data, or services obtained through the Website without our express written permission.
• Using another person's account, identity, or credentials without their express authorization.
• Engaging in conduct that constitutes a violation of the Federal Trade Commission Act, any applicable state consumer protection statutes, or any other federal or state law.

We reserve the right, at our sole discretion, to investigate and take appropriate legal action against anyone who we believe violates this Section, including without limitation, reporting such activity to law enforcement authorities and seeking civil remedies.

5. Intellectual Property Rights

The Website and all of its original content, features, functionality, design, graphics, logos, trademarks, service marks, trade names, photographs, text, software, audio and video clips, and other materials ("Content") are owned by or licensed to Dave's Hot Chicken and are protected by applicable intellectual property laws, including but not limited to the United States Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable federal and state intellectual property laws.

All trademarks, service marks, logos, trade dress, and brand features displayed on the Website are the exclusive property of Dave's Hot Chicken or their respective third-party owners. Nothing in these Terms shall be construed as granting any license or right to use any trademark, service mark, or logo without the prior written permission of Dave's Hot Chicken or the applicable third-party owner.

5.1 Limited License to Users

Subject to your compliance with these Terms, Dave's Hot Chicken grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with ordering food products and accessing information. This license does not include:

• Any right to resell or commercially exploit the Website or its Content.
• Any right to copy, reproduce, modify, create derivative works from, distribute, transmit, display, or perform the Content.
• Any right to frame or mirror any portion of the Website without our express written consent.
• Any right to use any data mining tools, robots, or similar data gathering or extraction methods in connection with the Website.

Any use of the Website or its Content beyond the scope of this limited license is strictly prohibited and may constitute a violation of copyright, trademark, and other applicable laws. Such unauthorized use may result in civil and/or criminal liability.

5.2 User-Generated Content

If you submit any reviews, comments, photos, feedback, or other content to the Website ("User Content"), you hereby grant Dave's Hot Chicken a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media for marketing, promotional, or operational purposes. You represent and warrant that you own or control all rights to the User Content you submit and that such content does not violate any third-party rights or applicable laws.

6. Ordering, Payment, and Pricing Terms

6.1 Order Placement and Acceptance

When you place an order through our Website, you are submitting an offer to purchase food products in accordance with these Terms. All orders are subject to acceptance by Dave's Hot Chicken. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to situations involving suspected fraud, inaccurate pricing, unavailability of items, or errors in menu information.

You will receive an order confirmation via email or through the Website upon successful placement of your order. This confirmation does not constitute our acceptance of your order, but merely acknowledges receipt. Acceptance occurs when your order is prepared and ready for pickup or dispatched for delivery.

6.2 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to applicable sales tax as required by state and local law. Prices may be subject to change without prior notice. Promotional pricing, discounts, and special offers are valid only for the specified time period and subject to availability.

In the event of a pricing error on our Website, we reserve the right to cancel any orders placed at the incorrect price, even after an order confirmation has been sent. We will notify you of any such cancellation and provide a full refund of any amounts charged.

6.3 Payment Methods

We accept major credit and debit cards (Visa, MasterCard, American Express, Discover), and other payment methods as may be available through our Website from time to time. By providing your payment information, you represent that you are authorized to use the payment method, and you authorize us to charge the applicable amounts to that payment method.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. However, if you received incorrect items, items of unacceptable quality, or experienced a significant issue with your order, please contact us at [email protected] within 24 hours of your order, and we will work to resolve the issue in a manner consistent with applicable consumer protection laws.

7. Food Safety, Allergens, and Nutritional Information

Dave's Hot Chicken takes food safety seriously and complies with all applicable federal, state, and local food safety regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and applicable state health departments.

We make reasonable efforts to provide accurate allergen and nutritional information on our Website. However, our kitchen environment handles common allergens including but not limited to: peanuts, tree nuts, wheat, gluten, soy, milk, eggs, fish, and shellfish. Cross-contamination is possible, and we cannot guarantee that any menu item is completely free of allergens.

Nutritional information provided on our Website is estimated and may vary based on preparation methods, portion sizes, and ingredient substitutions. This information is provided for general informational purposes only and should not be relied upon as medical or dietary advice.

8. Third-Party Links and Services

The Website may contain links to third-party websites, platforms, or services (such as third-party delivery platforms, payment processors, or social media pages) that are not owned or controlled by Dave's Hot Chicken. These links are provided for your convenience and do not constitute an endorsement or approval by us of any third-party website, product, service, or opinion.

Dave's Hot Chicken has no control over and assumes no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. We strongly advise you to review the terms and privacy policies of any third-party websites you visit. Your use of any third-party website or service is at your own risk and subject to that party's terms and conditions.

9. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS ACCESSIBLE 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 AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY CONTENT, INFORMATION, OR MATERIAL ON THE WEBSITE.
• WARRANTIES THAT ANY ERRORS OR DEFECTS ON THE WEBSITE WILL BE CORRECTED.
• WARRANTIES THAT THE WEBSITE OR ITS SERVERS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU, AND OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVE'S HOT CHICKEN, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• LOSS OF USE OR INABILITY TO ACCESS THE WEBSITE;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM ANY OTHER MATTER RELATING TO THE WEBSITE, ITS CONTENT, 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 ANY EVENT, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED 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 IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.

THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND REGARDLESS OF WHETHER DAVE'S HOT CHICKEN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

11. Indemnification

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

• Your access to or use of the Website or services;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights;
• Any User Content you submit, post, or transmit through the Website;
• Any fraudulent, deceptive, or harmful conduct by you or anyone using your account;
• Any disputes between you and third parties arising from your use of the Website or services.

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

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Dave's Hot Chicken operates, without regard to its conflict of law provisions.

To the extent applicable, you also agree to comply with all applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Children's Online Privacy Protection Act (COPPA), and all other applicable federal consumer protection and privacy statutes.

Any legal action or proceeding arising out of or relating to these Terms or your use of the Website that is not subject to arbitration as provided in Section 13 below shall be brought exclusively in the state or federal courts of competent jurisdiction in the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on improper venue or inconvenient forum.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or our services (a "Dispute") informally by contacting Dave's Hot Chicken at [email protected]. We will attempt in good faith to resolve any Dispute informally within thirty (30) days of receiving notice of the Dispute. If we are unable to resolve the Dispute informally within that period, either party may proceed to formal dispute resolution as provided below.

13.2 Binding Arbitration

EXCEPT AS PROVIDED IN SECTION 13.4 BELOW, ALL DISPUTES SHALL BE RESOLVED BY FINAL, BINDING ARBITRATION RATHER THAN IN COURT. You and Dave's Hot Chicken each waive the right to a trial by jury. Arbitration shall be conducted under the rules of the American Arbitration Association ("AAA") Consumer Arbitration Rules, as modified by these Terms, by a single arbitrator. The arbitration shall be conducted in English and administered under the AAA's applicable rules.

The arbitrator's decision shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order, including compensatory damages, declaratory or injunctive relief, and attorneys' fees, but only to the extent such remedies are available under applicable law and these Terms.

13.3 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, REPRESENTATIVE, OR MULTI-PARTY ACTION OR PROCEEDING. 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.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm, infringement of intellectual property rights, or unauthorized use of confidential information. Such a request for relief shall not be deemed a waiver of the obligation to arbitrate.

13.5 Opt-Out Right

You may opt out of the arbitration agreement in this Section 13 by providing written notice to Dave's Hot Chicken at [email protected] within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, both you and Dave's Hot Chicken retain the right to seek resolution of Disputes in a court of competent jurisdiction.

14. Term and Termination

These Terms are effective as of the date you first access or use the Website and shall remain in full force and effect unless and until terminated in accordance with this Section.

Dave's Hot Chicken reserves the right, in its sole and absolute discretion, to terminate or suspend your access to the Website and services at any time, with or without cause, with or without notice, and without liability to you. Grounds for termination may include, without limitation:

• Violation of any provision of these Terms;
• Engaging in fraudulent, abusive, or unlawful behavior;
• Request by law enforcement or government agencies;
• Cessation of operations by Dave's Hot Chicken;
• Technical or security issues;
• Failure to pay amounts owed.

You may terminate your use of the Website and any account at any time by ceasing to access the Website and, if applicable, by submitting a written request to delete your account to [email protected].

Upon termination, all licenses granted to you under these Terms will immediately cease and you must immediately stop using the Website. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

15. Changes to These Terms

Dave's Hot Chicken reserves the right to modify, update, revise, or replace any portion of these Terms at any time in our sole discretion. When we make material changes to these Terms, we will notify you by one or more of the following methods:

• Posting the updated Terms on the Website with a revised "Last Updated" date;
• Sending an email notification to the address associated with your account;
• Displaying a prominent notice on the Website.

Your continued use of the Website after any modifications to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the modified Terms, you must stop using the Website immediately.

The version of these Terms in effect at the time of any order shall govern that transaction. For all other purposes, the most recent version of these Terms shall apply.

16. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in compliance with applicable federal and state laws, including the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), where applicable, and the Federal Trade Commission Act. By using the Website, you consent to the data practices described in our Privacy Policy.

17. Electronic Communications and Consent

By using this Website, creating an account, or placing an order, you consent to receive electronic communications from Dave's Hot Chicken, including order confirmations, receipts, promotional emails (where you have opted in), and notices regarding changes to our Terms or policies. These electronic communications satisfy any legal requirement that such communications be in writing.

If you wish to opt out of promotional communications, you may do so by following the unsubscribe instructions in any marketing email we send, or by contacting us at [email protected]. Please note that even after opting out of marketing communications, you may still receive transactional or operational communications related to your orders or account.

18. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, unenforceable, or contrary to applicable law, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or, if such modification is not possible, shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect or impair the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect as if the invalid or unenforceable provision had never been a part of these Terms.

No waiver by Dave's Hot Chicken of any term or condition set forth 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. Any failure by Dave's Hot Chicken to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated herein by reference, constitute the entire agreement between you and Dave's Hot Chicken with respect to your access to and use of the Website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter hereof.

No modification of these Terms shall be effective unless made in writing and signed by an authorized representative of Dave's Hot Chicken, except for updates posted to the Website as described in Section 15.

20. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performance under these Terms or in the provision of services arising from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions or restrictions, labor disputes, supply chain disruptions, power failures, internet outages, or any other circumstances constituting force majeure. In the event of such circumstances, we will make reasonable efforts to notify affected customers and resume normal operations as soon as practicable.

21. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, please contact us using the information below:

These Terms of Service were last updated on June 19, 2026. © 2026 Dave's Hot Chicken. All rights reserved.