Terms of Service

Effective Date: June 29, 2026  |  Last Updated: June 29, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and Dave's Hot Chicken ("Company," "we," "us," or "our"), the operator of daveshotnow.click. By accessing, browsing, or using the Site, or by placing an order for food products or services offered through the Site, you expressly acknowledge that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, and any additional guidelines, policies, or rules posted on the Site, all of which are hereby incorporated by reference into these Terms.

If you are using this Site on behalf of a business, organization, or other legal entity, you represent and warrant that you have full authority to bind such entity to these Terms, and references to "you" shall include both you individually and the entity you represent. If you do not have such authority, you must not use this Site on behalf of such entity.

You must be at least 18 years of age to use this Site and place orders. By using the Site, you represent and warrant that you are 18 years of age or older. If you are under 18, you may use the Site only with the involvement and consent of a parent or legal guardian.

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. We will notify users of material changes by updating the "Last Updated" date at the top of this page. Your continued use of the Site following the posting of any changes constitutes your acceptance of the revised Terms.

2. About Dave's Hot Chicken

Dave's Hot Chicken is a food service business operating in the United States, offering hot chicken meals, food products, catering services, and related food and beverage offerings through our website and physical location(s). Our contact information is as follows:

3. Description of Services

Dave's Hot Chicken provides the following products and services through the Site and its physical operations:

• Online Food Ordering: Customers may browse our menu and place orders for hot chicken meals, sides, beverages, and related food items for pickup or delivery (where available).
• Catering Services: We offer catering for events, parties, corporate gatherings, and private functions. Catering inquiries may be submitted through our Site or by contacting us directly.
• Menu Information: The Site provides information about our current menu offerings, pricing, nutritional information (where available), allergen disclosures, and promotional offers.
• Loyalty and Promotions: From time to time, we may offer loyalty programs, promotional discounts, gift cards, or special deals available through the Site or in-store.
• Customer Support: We provide customer service assistance for order inquiries, complaints, refunds, and general questions via email and other contact methods listed on the Site.
• Informational Content: The Site may include blog posts, recipes, company news, and other informational content related to our brand and food offerings.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice to you, and we shall not be liable to you or any third party for any such modification, suspension, or discontinuance.

All food items are subject to availability. Menu offerings, pricing, and availability may vary by location, time, and season. We do not guarantee that any specific item will be available at any given time.

4. User Obligations and Prohibited Activities

4.1 User Obligations

By using this Site and our services, you agree to:

• Provide accurate, current, and complete information when placing orders or registering an account.
• Maintain the security and confidentiality of any account credentials, including passwords.
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account.
• Use the Site only for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws and regulations while using the Site and our services.
• Provide valid payment information and authorize us to charge your payment method for any orders placed.
• Pick up your orders in a timely manner when choosing in-store pickup, and provide accurate delivery addresses and instructions when choosing delivery services.

4.2 Prohibited Activities

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

• Using the Site for any unlawful purpose or in violation of any federal, state, or local laws, including the Federal Trade Commission Act (FTC Act), applicable consumer protection laws, and food safety regulations.
• Submitting false, misleading, or fraudulent orders, reviews, or information.
• Impersonating any person or entity, or falsely misrepresenting your affiliation with any person or entity.
• Attempting to gain unauthorized access to any portion of the Site, its related systems, servers, or networks.
• Using automated tools, bots, scrapers, or similar technologies to access, scrape, or collect data from the Site without our prior written consent.
• Transmitting any viruses, malware, ransomware, or other harmful code to or through the Site.
• Interfering with or disrupting the integrity, performance, or operation of the Site.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Site or its content without express written permission from us.
• Harassing, threatening, or abusing any of our staff, representatives, or other users of the Site.
• Placing fraudulent, abusive, or unreasonably excessive orders for the purpose of disrupting our operations.
• Circumventing or attempting to circumvent any security features, content restrictions, or access controls implemented on the Site.
• Using the Site for any commercial solicitation or unauthorized advertising without our prior written approval.
• Engaging in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Site or our services.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including reporting to law enforcement authorities and terminating the user's access to the Site.

5. Account Registration

Certain features of the Site, including placing orders and accessing loyalty programs, may require you to create an account. When creating an account, you agree to provide truthful, complete, and up-to-date information. You are solely responsible for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that contain inaccurate information, violate these Terms, or are used in a manner we deem harmful to our business or other users. You may delete your account at any time by contacting us at [email protected].

6. Ordering and Payment Terms

6.1 Placing Orders

All orders placed through the Site are subject to our acceptance and availability of the ordered items. Once you submit an order, you will receive a confirmation email or notification. This confirmation does not constitute our acceptance of your order; rather, it acknowledges receipt. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product descriptions, or suspected fraudulent activity.

6.2 Pricing

All prices listed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Applicable sales taxes, service fees, and delivery fees will be calculated and displayed at checkout prior to your confirmation of an order. We make every effort to ensure accurate pricing, but in the event of a pricing error, we reserve the right to cancel the affected order and notify you accordingly.

6.3 Payment Methods

We accept 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 payment method provided and that the information is accurate. All payment transactions are processed through secure, third-party payment processors, and we do not store full credit card information on our servers.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. However, if your order is incorrect, missing items, or of unsatisfactory quality due to our error, please contact us within 24 hours of receiving your order at [email protected] with a description of the issue. We will review your claim and, at our discretion, offer a replacement, store credit, or refund as appropriate. Refunds, if approved, will be processed to the original payment method within 5–10 business days.

6.5 Delivery and Pickup

Delivery availability, delivery areas, and estimated delivery times are subject to change and may vary. We are not responsible for delays caused by third-party delivery services, weather conditions, traffic, or other factors beyond our reasonable control. For pickup orders, customers are responsible for collecting their orders at the designated time. Uncollected orders after a reasonable period may be disposed of without refund.

7. Allergen and Nutritional Information

We make reasonable efforts to provide accurate allergen and nutritional information on our Site and menus. However, our food is prepared in environments where common allergens, including but not limited to peanuts, tree nuts, gluten, dairy, eggs, soy, shellfish, and sesame, may be present. We cannot guarantee that our products are free from allergens, even if not listed as an ingredient. Customers with food allergies or sensitivities assume full responsibility for their food choices and are encouraged to contact us directly at [email protected] before placing an order to discuss specific allergen concerns.

8. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Site (collectively, "Content"), is the exclusive property of Dave's Hot Chicken or its content licensors and is protected by United States copyright, trademark, and other intellectual property laws.

The "Dave's Hot Chicken" name, logo, and all related marks, product and service names, designs, and slogans are trademarks of Dave's Hot Chicken or its affiliates. You may not use such marks without the prior written permission of the Company. All other trademarks, service marks, logos, and trade names appearing on the Site are the property 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 ordering food and using our services. This license does not permit you to:

• Reproduce, distribute, display, or transmit any Content for commercial purposes.
• Modify or create derivative works based on the Content.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
• Use data mining, robots, or similar data gathering tools on the Site.
• Frame or link to the Site in a manner that suggests any form of endorsement or affiliation without our consent.

Any unauthorized use of the Content or Site may violate copyright laws, trademark laws, the Digital Millennium Copyright Act (DMCA), and other applicable regulations. We actively monitor and enforce our intellectual property rights to the fullest extent permitted by law.

9. User-Generated Content

If you submit reviews, comments, feedback, photographs, or other content ("User Content") to the Site or through our social media pages, you grant Dave's Hot Chicken a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media format for marketing, promotional, and operational purposes.

You represent and warrant that you own or have the necessary rights to submit the User Content, that it does not infringe any third-party intellectual property rights, and that it is not false, defamatory, obscene, or otherwise objectionable. We reserve the right, but not the obligation, to monitor, edit, or remove any User Content at our sole discretion.

10. Third-Party Links and Services

The Site may contain links to third-party websites, delivery platforms, payment processors, or social media channels that are not owned or controlled by Dave's Hot Chicken. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to review the terms and privacy policies of any third-party sites you visit. The inclusion of any link does not imply endorsement by Dave's Hot Chicken.

11. Disclaimers — As-Is Basis

THE SITE AND ALL CONTENT, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, 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 SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT ON THE SITE;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE;
• WARRANTIES REGARDING THE QUALITY, TASTE, OR SUITABILITY OF ANY FOOD PRODUCTS FOR A PARTICULAR DIETARY NEED OR HEALTH CONDITION.

Some states do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such states, our liability is limited to the greatest extent permitted by applicable state law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES FEDERAL AND STATE LAW, IN NO EVENT SHALL DAVE'S HOT CHICKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, goodwill, or other intangible losses;
• Damages arising from your inability to access or use the Site or our services;
• Damages arising from unauthorized access to or alteration of your data or transmissions;
• Damages arising from the conduct of any third party on or through the Site;
• Damages arising from food allergic reactions, food illness, or other health-related issues due to consumption of our products.

IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO DAVE'S HOT CHICKEN IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

The limitations of liability set forth herein shall apply even if Dave's Hot Chicken has been advised of the possibility of such damages and regardless of whether such damages arise in contract, tort, strict liability, or any other theory of recovery.

13. Indemnification

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

• Your access to or use of the Site or our services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party right, including intellectual property rights or privacy rights;
• Any User Content you submit, post, or transmit through the Site;
• Your negligent, fraudulent, or willful misconduct.

Dave's Hot Chicken reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.

14. Governing Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or our services shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without giving effect to any choice of law or conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms that is not subject to the arbitration provisions below shall be brought exclusively in the federal or state courts located in the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

These Terms are further subject to and consistent with applicable provisions of the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45, governing unfair or deceptive acts or practices in commerce, and all other applicable federal consumer protection laws and regulations.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before filing any formal dispute, you agree to first contact Dave's Hot Chicken in writing at [email protected] and provide a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your written notice. If the parties cannot resolve the dispute informally within such period, either party may proceed to arbitration as described below.

15.2 Binding Arbitration

EXCEPT WHERE PROHIBITED BY LAW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, as modified by these Terms. The arbitration shall be conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 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. UNLESS BOTH PARTIES 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.

15.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights, confidential information, or to prevent imminent harm. Small claims court actions may also be brought individually, without arbitration, if the claim qualifies under applicable small claims court rules.

16. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Site or maintain an account with us. We reserve the right, in our sole discretion, to:

• Terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including if we believe you have violated any provision of these Terms;
• Terminate or suspend your account and refuse any and all current or future use of the Site;
• Remove or disable any User Content that we deem to violate these Terms or applicable law.

Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, intellectual property provisions, disclaimers, indemnification, limitation of liability, and dispute resolution provisions.

If you wish to terminate your account voluntarily, you may contact us at [email protected]. Any outstanding obligations, including unpaid amounts for orders placed prior to termination, shall remain due and payable.

17. Changes to Terms

We reserve the right to amend, modify, or replace these Terms at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of these Terms. We may also notify you of significant changes via email to the address associated with your account or by posting a notice on the Site.

Your continued use of the Site or our services after the effective date of any revised Terms constitutes your binding acceptance of such changes. 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 discontinue use of the Site immediately.

18. Electronic Communications

By using the Site and providing your email address, you consent to receiving electronic communications from Dave's Hot Chicken, including order confirmations, promotional emails, and policy updates. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional emails by following the unsubscribe instructions included in such communications, although we may still send transactional or service-related emails.

19. Force Majeure

Dave's Hot Chicken shall not be liable for any failure or delay in performance of its obligations arising out of circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, fire, flood, war, terrorism, strikes, government restrictions, power outages, supply chain disruptions, or failures of third-party service providers. In such events, our obligations will be suspended for the duration of the force majeure event, and we will use commercially reasonable efforts to notify affected customers and resume normal operations as soon as practicable.

20. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if such modification is not possible, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired by the invalidity or unenforceability of any such provision. The parties agree that any severed provision shall be replaced by a valid provision that most closely reflects the intent and economic effect of the severed provision.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published on the Site, constitute the entire agreement between you and Dave's Hot Chicken with respect to your use of the Site and our services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to such subject matter.

22. Waiver

No failure or delay by Dave's Hot Chicken in exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Any waiver must be in writing and signed by an authorized representative of Dave's Hot Chicken to be effective.

23. Assignment

You may not assign or transfer your rights or obligations under these Terms to any third party without our prior written consent. Dave's Hot Chicken may freely assign or transfer these Terms or any rights or obligations hereunder, including in connection with a merger, acquisition, sale of assets, or by operation of law, without restriction and without notice to you, except as required by applicable law.

24. Accessibility

Dave's Hot Chicken is committed to making its Site accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards under the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our Site or require accommodation, please contact us at [email protected] and we will make reasonable efforts to assist you.

25. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, our services, or our Site, please contact us using the information below:

We aim to respond to all inquiries within 3–5 business days. For urgent matters regarding food safety, allergic reactions, or order issues, please contact us immediately by email with "URGENT" in the subject line, and we will prioritize your inquiry.