Terms of Service

Please read these Terms of Service carefully before using the website located at daveshot-cafe.rest or any services offered by Dave's Hot Chicken. By accessing or using our website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Dave's Hot Chicken ("Company," "we," "us," or "our"), governing your access to and use of the website daveshot-cafe.rest (the "Site"), as well as any related services, online ordering systems, mobile features, and other content provided by the Company (collectively, the "Services").

By accessing the Site, creating an account, placing an order, subscribing to any communications, or otherwise using our Services, you expressly agree to these Terms. You also affirm that you are at least eighteen (18) years of age, or if you are between the ages of thirteen (13) and seventeen (17), that you have obtained verifiable parental or legal guardian consent to use our Services.

If you are using our Services on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind such entity to these Terms, and you agree to these Terms on behalf of that entity.

Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes. We encourage you to review these Terms periodically to remain informed of any updates.

2. Description of Services

Dave's Hot Chicken is a food service business specializing in Nashville-style hot chicken and related food and beverage offerings. Through our website located at daveshot-cafe.rest, we offer the following services:

• Online Menu Browsing: Users may browse our current menu, including descriptions of food items, pricing, available spice levels, and allergen information.
• Online Ordering: Users may place orders for pickup or delivery, subject to availability, operating hours, and geographic service areas.
• Account Creation and Management: Users may create a personal account to save preferences, track order history, manage payment methods, and receive personalized offers.
• Catering and Event Services: We may offer catering packages for corporate events, parties, and special occasions, subject to advance booking, minimum order requirements, and separate catering agreements.
• Promotional Offers and Loyalty Programs: We may offer promotions, discount codes, loyalty points, or reward programs from time to time, each subject to their own specific terms and conditions.
• Customer Support: Users may contact us via email or phone for assistance related to orders, feedback, or general inquiries.
• Informational Content: The Site provides general information about our locations, hours of operation, franchise opportunities, and brand story.

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

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

As a condition of using our Services, you agree to:

• Provide accurate, current, and complete information during registration and order placement.
• Maintain the security and confidentiality of your account credentials and notify us immediately at [email protected] if you suspect any unauthorized use of your account.
• Use the Services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws and regulations while using our Services.
• Ensure that any information or content you submit to us does not violate the rights of any third party.
• Take 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 activities while using our Services:

• Using the Site or Services for any unlawful, fraudulent, or deceptive purpose.
• Submitting false, misleading, or inaccurate personal or payment information.
• Placing orders with no intent to pay or accept delivery, or engaging in chargebacks without legitimate grounds.
• Attempting to gain unauthorized access to any portion of the Site, other user accounts, servers, or networks connected to the Site.
• Using automated scripts, bots, scrapers, or similar tools to collect data from the Site without our express written permission.
• Transmitting any viruses, malware, ransomware, or other harmful code through the Site.
• Engaging in any conduct that restricts or inhibits any other person from using or enjoying the Services.
• Reproducing, duplicating, copying, selling, or reselling any portion of the Services without our explicit written authorization.
• Posting or transmitting unsolicited commercial communications (spam) through any feature of the Site.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity.
• Engaging in any activity that could damage, disable, overburden, or impair the Site's infrastructure.
• Attempting to reverse engineer, decompile, or disassemble any software or technology underlying our Services.
• Violating any applicable food safety laws, regulations, or guidelines when interacting with our catering or food delivery services.

We reserve the right to investigate and take appropriate legal action, including without limitation, removing offending content, suspending or terminating user accounts, and reporting violations to law enforcement authorities, against anyone who, in our sole discretion, violates these provisions.

4. Intellectual Property Rights

4.1 Ownership

All content, materials, and elements available on or through the Site—including but not limited to the Dave's Hot Chicken name, logo, trademarks, trade dress, service marks, photographs, graphics, text, videos, audio clips, digital downloads, data compilations, menu designs, recipes (to the extent disclosed), and software—are the exclusive property of Dave's Hot Chicken or our licensors and are protected by United States copyright law, trademark law, trade secret law, and other applicable intellectual property laws.

4.2 Limited License

We grant you 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. This license does not include the right to:

• Modify or create derivative works based on our content.
• Use our trademarks, logos, or branding without prior written authorization.
• Commercially exploit any content from the Site.
• Systematically download or copy Site content to create or populate a database.

4.3 User-Submitted Content

If you submit reviews, comments, photos, feedback, or any other content to us through the Site or our social media channels, you grant Dave's Hot Chicken a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and display such content in any form or medium. You represent and warrant that you own or have sufficient rights in any content you submit and that such content does not infringe upon the rights of any third party.

4.4 DMCA Notice

We respect intellectual property rights and expect our users to do the same. If you believe that any content on our Site infringes upon your copyright, please send a notice pursuant to the Digital Millennium Copyright Act (DMCA) to our designated agent at [email protected], including the information required under 17 U.S.C. § 512(c)(3).

5. Payment Terms

5.1 Pricing

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales tax, delivery fees, service fees, or gratuities unless explicitly stated. The final total will be displayed at checkout prior to order confirmation.

5.2 Payment Methods

We accept major credit and debit cards (Visa, Mastercard, American Express, Discover), and other payment methods as may be indicated 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 us to charge the full order amount to that method.

5.3 Order Confirmation

Your order is not confirmed until you receive a written confirmation via email or an on-screen confirmation message. We reserve the right to cancel or refuse any order at our sole discretion, including due to pricing errors, product availability issues, or suspected fraudulent activity. In such cases, we will notify you and issue a full refund to your original payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. Refund requests related to food quality, missing items, or incorrect orders must be submitted within twenty-four (24) hours of receipt by contacting us at [email protected]. Refunds, when approved, will be issued to the original payment method within five (5) to ten (10) business days. Catering orders may be subject to different cancellation and refund policies as specified in the applicable catering agreement.

5.5 Taxes

You are responsible for all applicable taxes associated with your purchase. We will collect and remit sales tax where required by applicable federal, state, and local law, including but not limited to the laws of the state in which your order is fulfilled.

5.6 Promotional Codes and Discounts

Promotional codes and discounts are subject to specific terms and expiration dates. They may not be combined with other offers unless expressly stated, are non-transferable, and have no cash value. We reserve the right to modify or revoke promotional offers at any time.

6. Disclaimers and "As-Is" Basis

6.1 General Disclaimer

THE SITE AND ALL SERVICES PROVIDED BY DAVE'S HOT CHICKEN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Warranty on Accuracy

We do not warrant that the information on our Site—including menu descriptions, allergen information, nutritional content, pricing, or availability—is accurate, complete, reliable, current, or error-free. While we endeavor to keep all information up to date, you acknowledge that food preparation environments may involve cross-contact with allergens, and we strongly encourage customers with food allergies or dietary restrictions to contact us directly before placing an order.

6.3 Third-Party Services

Our Site may integrate with or link to third-party platforms, including delivery services, payment processors, and mapping tools. We do not endorse or assume any responsibility for the content, privacy practices, or terms of service of any third-party websites or services. Your interactions with such third parties are governed solely by their respective terms and policies.

6.4 Food Safety Disclaimer

While Dave's Hot Chicken maintains rigorous food safety and quality control standards in compliance with applicable United States federal and state food safety laws, including guidelines established by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA), we cannot guarantee that our products are free from all allergens or contaminants. Consuming undercooked or raw animal products may increase the risk of foodborne illness. Vulnerable populations—including the elderly, pregnant women, young children, and immunocompromised individuals—should exercise caution.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND ANY APPLICABLE STATE CONSUMER PROTECTION STATUTES, DAVE'S HOT CHICKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES—INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE—ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES 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 THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless Dave's Hot Chicken and its respective officers, directors, shareholders, employees, contractors, agents, affiliates, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, liabilities, obligations, losses, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use or misuse of the Site or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, rule, or regulation;
• Any content you submit, post, or transmit through the Site;
• Your infringement of any intellectual property or other rights of any third party;
• Any false or misleading information provided by you; or
• Any dispute between you and a third-party service provider accessed through our Site.

We reserve the right, at our 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 shall not settle any claim without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or related to these Terms, the Site, or the Services 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 Dave's Hot Chicken is principally located, without regard to its conflict of law principles.

For any matters not subject to arbitration as described in Section 10, you consent to the exclusive personal jurisdiction and venue of the federal and state courts located within the applicable United States jurisdiction, and you waive any objection to such jurisdiction or venue, including any objection based on inconvenient forum.

Our Services are intended for use within the United States. We make no representations that the Site or Services are appropriate or available for use in other locations. If you access the Site from outside the United States, you do so at your own risk and are solely responsible for compliance with local laws.

These Terms shall be interpreted and enforced in a manner consistent with applicable federal law, including protections afforded to consumers under the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., and applicable state consumer protection statutes. Nothing in these Terms is intended to waive any rights you may have under applicable consumer protection laws.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating formal dispute proceedings, you agree to first contact Dave's Hot Chicken at [email protected] to attempt to resolve any dispute informally. We will make reasonable efforts to resolve the dispute within thirty (30) calendar days of receiving written notice of the issue. If the dispute cannot be resolved informally within this period, either party may proceed with formal dispute resolution as described below.

10.2 Binding Arbitration

EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES—WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY—SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT.

The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. Judgment upon any award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall have authority to award any remedy or relief that a court could order or grant.

10.3 Class Action Waiver

YOU AND DAVE'S HOT CHICKEN EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If a court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable, the arbitration provisions in this Section shall be null and void with respect to such proceeding, and the parties agree that any class or representative claims shall be litigated in court.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Small claims court actions where the claim falls within the applicable jurisdictional limit are also exempt from the arbitration requirement.

10.5 Arbitration Fees

The allocation of arbitration fees shall be governed by the AAA Consumer Arbitration Rules. We will pay all AAA filing, administrative, and arbitrator fees for any arbitration initiated pursuant to this Section, except that if the arbitrator finds your claim to be frivolous, you agree to reimburse us for all fees associated with the arbitration.

11. Term and Termination

11.1 Duration

These Terms remain in full force and effect for as long as you use our Site or Services or maintain an account with us. Certain provisions of these Terms—including those relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution—shall survive any termination of these Terms.

11.2 Termination by You

You may terminate your account with us at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Services will immediately cease. You remain responsible for any outstanding payment obligations incurred prior to termination.

11.3 Termination by Us

We reserve the right, in our sole discretion, to suspend or permanently terminate your access to the Site and Services at any time and for any reason, including but not limited to:

• Violation of these Terms or any applicable laws;
• Fraudulent, abusive, or otherwise unacceptable behavior;
• Requests by law enforcement or government agencies;
• Extended periods of account inactivity;
• Technical, security, or operational concerns; or
• Discontinuation of our Services, in whole or in part.

We will make reasonable efforts to notify you of any account suspension or termination, unless doing so would be prohibited by law or would compromise an ongoing investigation.

11.4 Effect of Termination

Upon termination of your account or access, any licenses granted to you under these Terms shall immediately cease. We may retain certain information as required by law or for legitimate business purposes, subject to our Privacy Policy.

12. Changes to Terms

Dave's Hot Chicken reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes, we will provide notice by updating the "Last Updated" date at the top of this page and, where required by law or where we deem it appropriate, by sending an email notification to the address associated with your account or by displaying a prominent notice on the Site.

Your continued use of the Site or Services after the effective date of any revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services and, if applicable, delete your account.

We encourage you to review these Terms regularly. We maintain an archive of prior versions of our Terms, which is available upon request by contacting us at [email protected].

13. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, unlawful, void, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be severed from these Terms.

The invalidity, illegality, or unenforceability of any particular provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid provision that achieves, to the greatest extent possible, the original economic and legal intent of the invalid provision.

14. Additional Legal Provisions

14.1 Entire Agreement

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

14.2 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term shall not be deemed a further or continuing waiver of such term or any other term. Our rights under these Terms shall survive any termination of your use of the Services.

14.3 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets, or by operation of law, without notice to you or your consent. These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and permitted assigns.

14.4 Force Majeure

Dave's Hot Chicken shall not be liable for any delay or failure to perform any obligation under these Terms if such delay or failure results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, governmental actions, labor disputes, power outages, internet or telecommunications failures, or supply chain disruptions.

14.5 Electronic Communications

By using our Site and Services, you consent to receiving electronic communications from us, including emails, in-app notifications, and other electronic messages. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

14.6 Headings

Section headings in these Terms are for convenience only and have no legal or contractual effect. They shall not be used to interpret or construe the meaning of any provision of these Terms.

15. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to exercise any rights available to you under applicable law, please contact us using the information below:

We strive to respond to all inquiries within five (5) business days. For urgent matters related to food safety, allergies, or order issues, please contact us directly via email for the fastest response.

These Terms of Service were last reviewed and updated on July 5, 2026. Dave's Hot Chicken reserves all rights not expressly granted herein.