Terms of Service

Please read these Terms of Service carefully before using the website located at cafedaves.click (the "Site") or any services offered by Dave's Hot Chicken (collectively, the "Services"). These Terms of Service constitute a legally binding agreement between you and Dave's Hot Chicken.

1. Acceptance of Terms

By accessing or using the Site at cafedaves.click, placing an order, registering an account, subscribing to any communications, or otherwise engaging with any of our Services, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional guidelines, policies, or rules applicable to specific features of the Services, all of which are incorporated herein by reference.

If you do not agree with any part of these Terms, you must immediately discontinue your use of the Site and Services. Your continued use of the Site following the posting of changes to these Terms constitutes your acceptance of those changes.

You represent and warrant that you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction of residence, whichever is greater. If you are accessing the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you individually and that entity.

These Terms are governed by and construed in accordance with the laws of the United States and the applicable state laws of the jurisdiction in which Dave's Hot Chicken operates, as further described in Section 12 below.

2. Description of Services

Dave's Hot Chicken is a food service business dedicated to providing customers with high-quality hot chicken products and related food and beverage offerings. Through the Site at cafedaves.click, Dave's Hot Chicken offers the following services:

• Online Menu Access: Users may browse the current menu offerings, including food items, descriptions, allergen information, and pricing.
• Online Ordering: Users may place orders for pickup or delivery of food and beverage products directly through the Site or through third-party platforms linked to our Site.
• Account Registration: Users may create personal accounts to manage orders, save preferences, and receive personalized communications.
• Loyalty and Rewards Programs: Registered users may participate in any loyalty or rewards programs made available by Dave's Hot Chicken from time to time, subject to the specific terms governing such programs.
• Promotional Communications: Users may subscribe to receive newsletters, promotional offers, coupons, and other marketing materials related to Dave's Hot Chicken products and services.
• Customer Support: Users may contact Dave's Hot Chicken through the Site or via email at [email protected] for inquiries, feedback, complaints, and support.
• Catering Services: Information about catering options, group orders, and special events may be available on the Site, subject to separate catering agreements.

Dave's Hot Chicken reserves the right to modify, suspend, discontinue, or update any aspect of the Services at any time, with or without notice. Dave's Hot Chicken shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

Certain features or services may require account registration or payment. Additional terms or conditions may apply to specific features, promotions, or services, and such additional terms are incorporated into these Terms by reference.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using the Site and Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or contacting us.
• Maintain the security and confidentiality of your account credentials, and notify Dave's Hot Chicken immediately of any unauthorized access or use of your account.
• Use the Site and Services only for lawful purposes and in a manner consistent with all applicable local, state, federal, and international laws and regulations.
• Comply with all applicable food ordering guidelines, pickup and delivery instructions, and any other operational policies communicated through the Site.
• Ensure that any information you provide in connection with orders, including delivery addresses and payment details, is accurate and up to date.
• Accept full responsibility for all activities that occur under your account.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities when using the Site or Services:

• Fraudulent Activity: Submitting fraudulent orders, using stolen or unauthorized payment methods, manipulating promotional codes or discounts in an unauthorized manner, or engaging in any form of fraud or deception.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, server infrastructure, database, or any other system or network connected to the Site.
• Interference: Disrupting, interfering with, or compromising the integrity or performance of the Site or the Services or the data contained therein, including but not limited to the use of viruses, malware, denial-of-service attacks, or similar harmful technologies.
• Scraping and Data Mining: Using automated tools, bots, scrapers, crawlers, or other automated means to access, retrieve, or compile data from the Site without the express written consent of Dave's Hot Chicken.
• Impersonation: Impersonating any person or entity, including Dave's Hot Chicken representatives, employees, or other users, or falsely representing your affiliation with any person or entity.
• Intellectual Property Violations: Reproducing, distributing, modifying, creating derivative works of, publicly displaying, or otherwise exploiting any content from the Site without the express written permission of Dave's Hot Chicken or the applicable rights holder.
• Spam and Unsolicited Communications: Using the Site or any contact information obtained through the Site to send unsolicited commercial messages, spam, chain letters, or other forms of unauthorized solicitation.
• Illegal Activity: Using the Site or Services in furtherance of any illegal activity, including but not limited to money laundering, identity theft, or violations of consumer protection laws including the Federal Trade Commission Act, 15 U.S.C. § 45 et seq.
• Harmful Content: Submitting, uploading, or transmitting any content that is defamatory, obscene, abusive, threatening, harassing, racially or ethnically offensive, or otherwise objectionable.
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software underlying the Site.

Dave's Hot Chicken reserves the right to investigate and take appropriate legal action against any user who, in its sole discretion, violates these provisions, including without limitation removing the offending content, suspending or terminating the user's account, and reporting the user to appropriate law enforcement authorities.

4. Intellectual Property Rights

The Site and all of its content, features, and functionality — including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, software, and the overall design and arrangement of the Site ("Content") — are owned by Dave's Hot Chicken, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The name "Dave's Hot Chicken," the company logo, 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. All other names, logos, product and service names, designs, slogans, and marks mentioned on the Site are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for your personal, non-commercial use in connection with the Services offered by Dave's Hot Chicken. This license does not include the right to:

• Reproduce, copy, or distribute any portion of the Content for commercial purposes;
• Modify or create derivative works based upon the Content;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Download or copy any account information for the benefit of another merchant or business.

Any use of the Site or Content not expressly authorized by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws, and could subject you to civil and criminal penalties.

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

5. Payment Terms

When you place an order through the Site or use any paid Services offered by Dave's Hot Chicken, the following payment terms apply:

5.1 Pricing and Fees

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Dave's Hot Chicken reserves the right to modify menu prices, delivery fees, service charges, and any other fees at any time. The prices applicable to your order will be those displayed at the time you complete your purchase.

5.2 Payment Methods

Dave's Hot Chicken accepts payment via major credit cards, debit cards, and other payment methods as specified on the Site at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Dave's Hot Chicken, or its payment processors, to charge your payment method for the total amount of your order, including applicable taxes, delivery fees, and any other charges.

5.3 Taxes

You are responsible for any applicable sales tax, use tax, or other governmental fees and charges associated with your order. Dave's Hot Chicken will collect and remit applicable taxes as required by law.

5.4 Refunds and Cancellations

Orders placed through the Site may be subject to specific refund and cancellation policies, which will be communicated to you at the time of ordering. In general, once an order has been confirmed and preparation has commenced, cancellations and refunds may not be available. Dave's Hot Chicken will, however, use commercially reasonable efforts to accommodate legitimate complaints regarding order errors, food quality issues, or other service failures. Please contact us at [email protected] within a reasonable time of receiving your order if you believe a refund or correction is warranted.

5.5 Promotional Codes and Discounts

Any promotional codes, coupons, or discount offers made available by Dave's Hot Chicken are subject to their specific terms and conditions and may not be combined with other offers unless expressly stated. Dave's Hot Chicken reserves the right to revoke or modify promotional offers at any time.

6. Disclaimer of Warranties

THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

DAVE'S HOT CHICKEN EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, DAVE'S HOT CHICKEN DOES NOT WARRANT THAT:

• THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
• ANY ERRORS IN THE SITE WILL BE CORRECTED.

ALLERGEN AND NUTRITIONAL INFORMATION PROVIDED ON THE SITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. DAVE'S HOT CHICKEN MAKES NO WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION, AND USERS WITH FOOD ALLERGIES OR DIETARY RESTRICTIONS ARE ENCOURAGED TO CONTACT DAVE'S HOT CHICKEN DIRECTLY FOR THE MOST CURRENT INFORMATION.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVE'S HOT CHICKEN, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SITE;
• ANY CONTENT OBTAINED FROM THE SITE;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
• ANY FOOD PRODUCTS ORDERED THROUGH THE SITE, INCLUDING ADVERSE REACTIONS TO FOOD INGREDIENTS;
• ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, OR DEFECTS IN THE SERVICES.

IN NO EVENT SHALL DAVE'S HOT CHICKEN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00 USD) OR (B) THE TOTAL AMOUNT PAID BY YOU TO DAVE'S HOT CHICKEN IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN ITS ENTIRETY. IN SUCH JURISDICTIONS, DAVE'S HOT CHICKEN'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

The limitations set forth in this section shall apply regardless of the form of action, whether in contract, strict liability, tort (including negligence), or otherwise, and regardless of whether Dave's Hot Chicken has been advised of the possibility of such damage.

8. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Indemnified Parties") from and against any 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;
• Your use of the Site or Services, including but not limited to any content you submit, post, transmit, or otherwise make available through the Site;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or rights under consumer protection laws;
• Any fraudulent, deceptive, or unauthorized activity in connection with your account or your use of the Services;
• Any dispute between you and any third party arising from or related to your use of the Services.

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 such cases, you agree to cooperate with Dave's Hot Chicken's defense of such claims. You may not settle any claim covered by this indemnification obligation without the prior written consent of Dave's Hot Chicken.

9. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Dave's Hot Chicken. These links are provided for your convenience only. Dave's Hot Chicken has no control over the content, privacy policies, or practices of any third-party websites or services and assumes no responsibility or liability for them. The inclusion of any link does not imply endorsement by Dave's Hot Chicken of the linked site or its content.

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

Dave's Hot Chicken may engage third-party service providers, including delivery platforms, payment processors, and marketing services, in connection with the Services. Your interactions with such third parties are governed by their respective terms and policies, and Dave's Hot Chicken is not responsible for any issues arising from your use of third-party platforms or services.

10. Food Safety, Allergen Information, and Health Disclaimers

Dave's Hot Chicken takes food safety seriously and strives to maintain the highest standards in the preparation and handling of all food products. However, please be aware of the following:

• Allergens: Our food products may contain or come into contact with common allergens including, but not limited to, wheat, gluten, peanuts, tree nuts, dairy, eggs, soy, shellfish, and fish. Customers with known food allergies or sensitivities should exercise caution and contact us directly at [email protected] before placing an order.
• Spice Levels: Dave's Hot Chicken specializes in spicy food products. Our products may cause discomfort or adverse reactions in individuals with sensitive digestive systems, acid reflux conditions, or other relevant health conditions. Customers are advised to select spice levels appropriate to their individual tolerance.
• Nutritional Information: Nutritional data provided on the Site is approximate and may vary based on portion size, preparation methods, and ingredient variations. This information should not be relied upon as a substitute for professional dietary or medical advice.
• Pregnancy and Medical Conditions: Certain ingredients in our food products may not be suitable for pregnant women, individuals with specific medical conditions, or those taking certain medications. Consult your healthcare provider before consuming our products if you have concerns.

11. Governing Law and Jurisdiction

These Terms and your use of the Site and Services shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Dave's Hot Chicken's principal place of business is located, without regard to its conflict of law provisions.

These Terms are subject to and comply with applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) governing unfair or deceptive acts and practices, and any other applicable federal consumer protection laws and regulations.

To the extent applicable, for users located in California, additional rights and protections may apply under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), California Civil Code §§ 1798.100 et seq., and other California-specific consumer protection statutes.

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the federal or state courts located in the jurisdiction corresponding to Dave's Hot Chicken's principal place of business, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts. You waive any objection to the laying of venue of any such action or proceeding in such courts and waive any objection that such courts are an inconvenient forum.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") informally. You must first contact Dave's Hot Chicken by email at [email protected] and provide a written description of the Dispute, your requested resolution, and your contact information. Dave's Hot Chicken will attempt to resolve the Dispute within thirty (30) days of receipt of your notice. If the Dispute cannot be resolved informally within this period, either party may pursue formal dispute resolution as described below.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

Except for claims that qualify for small claims court, you and Dave's Hot Chicken agree that any Dispute that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, as amended from time to time. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitration shall take place in the jurisdiction of Dave's Hot Chicken's principal place of business, unless both parties agree to conduct the arbitration by telephone or written submissions. Fees for the arbitration shall be allocated in accordance with the AAA Consumer Arbitration Rules.

12.3 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. 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 representative or class proceeding.

12.4 Exception for Injunctive Relief

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

13. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or Services. Dave's Hot Chicken reserves the right, in its sole and absolute discretion, to:

• Suspend or terminate your account and your access to all or any part of the Site and Services, with or without notice, for any reason or no reason, including but not limited to a violation of these Terms;
• Refuse service to any individual for any reason not prohibited by law;
• Modify, suspend, or discontinue the Site or any part of the Services at any time.

Upon termination of your account or access:

• All licenses and rights granted to you under these Terms will immediately terminate;
• You must immediately cease all use of the Site and Services;
• Dave's Hot Chicken may, but is not obligated to, delete your account and any associated data in accordance with our Privacy Policy;
• Any outstanding payment obligations will remain in effect.

The following sections of these Terms shall survive termination: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and any other provision that by its nature should survive termination.

14. Changes to These Terms

Dave's Hot Chicken reserves the right to modify, revise, update, or replace any part of these Terms at any time and at its sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. We may also, at our discretion, notify you of significant changes by sending an email to the address associated with your account or by posting a prominent notice on the Site.

It is your responsibility to review these Terms periodically for any changes. Your continued use of the Site and Services following the posting of revised Terms constitutes your acceptance of and agreement to those revised Terms. If you do not agree to the updated Terms, you must stop using the Site and Services immediately.

No amendment or modification of these Terms by you shall be binding on Dave's Hot Chicken unless made in writing and signed by an authorized representative of Dave's Hot Chicken.

15. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason by a court or arbitrator of competent jurisdiction, that provision shall be deemed severed from these Terms to the minimum extent necessary and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be replaced with a valid and enforceable provision that most closely approximates the 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 such right or provision unless acknowledged and agreed to in writing. A waiver of any particular breach or default shall not constitute a waiver of any subsequent breach or default.

16. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices, agreements, or policies published by Dave's Hot Chicken on the Site, shall constitute the entire agreement between you and Dave's Hot Chicken concerning the Site and Services, and supersede all prior and contemporaneous negotiations, discussions, agreements, representations, warranties, and understandings, whether oral or written, between you and Dave's Hot Chicken with respect to the subject matter herein.

In the event of any conflict between these Terms and any other policy or agreement, these Terms shall control unless the other policy or agreement expressly states otherwise.

17. Electronic Communications and Notices

By using the Site and Services, you consent to receive electronic communications from Dave's Hot Chicken, including but not limited to order confirmations, receipts, customer service responses, and promotional messages (if you have opted in to such communications). You agree that any notices, agreements, disclosures, or other communications that Dave's Hot Chicken sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Any notices you provide to Dave's Hot Chicken must be delivered by email to [email protected] or by any other method specified in these Terms. Notices sent by email shall be deemed received upon confirmation of delivery.

18. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact Dave's Hot Chicken for any other purpose related to the Services, please reach out to us using the following contact details:

We strive to respond to all inquiries within five (5) business days. For urgent matters related to food safety, allergic reactions, or other time-sensitive issues, please contact us as soon as possible.