Terms of Service

Effective Date: July 8, 2026  |  Last Updated: July 8, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and the operators of daves-newhot.click ("Company," "we," "us," or "our"), governing your access to and use of this Website and any services, content, features, or functionality offered through it.

By visiting, browsing, registering, placing an order, or otherwise interacting with this Website, you represent and warrant that:

• You are at least 18 years of age, or if you are between the ages of 13 and 17, you have obtained verifiable parental or legal guardian consent;
• You have the legal capacity to enter into binding contracts under applicable United States law;
• You are not prohibited from using the Website or receiving services under any applicable federal, state, or local laws;
• All information you provide to us is accurate, current, and complete; and
• You will comply with all applicable laws and regulations in connection with your use of the Website.

These Terms incorporate by reference our Privacy Policy, which is available on this Website and describes how we collect, use, and share your information. Your use of the Website also constitutes your acceptance of our Privacy Policy.

We reserve the right to update or modify these Terms at any time without prior notice except as described in Section 13 below. Your continued use of the Website following any posted changes constitutes your binding acceptance of such changes.

2. Description of Services

Dave's Hot Chicken operates a food service business providing Nashville-style hot chicken and related food products. Through our Website at daves-newhot.click, we offer the following services (collectively, the "Services"):

• Online Menu Browsing: Users may view our current menu offerings, including descriptions, pricing, ingredient information, and available customization options.
• Online Ordering: Users may place food orders for pickup or delivery, subject to availability, operating hours, and geographic limitations.
• Account Registration: Users may create an account to manage their orders, save preferences, and access loyalty or promotional benefits.
• Catering Inquiries: Users may submit requests for catering services for events, subject to separate agreements and pricing.
• Nutritional and Allergen Information: We provide general nutritional and allergen information to assist customers in making informed dining decisions.
• Promotional Offers and Loyalty Programs: From time to time, we may offer promotions, discounts, reward points, or other loyalty benefits through the Website.
• Customer Support Communications: Users may contact us through the Website for assistance with orders, inquiries, or complaints.

We reserve the right to modify, suspend, or discontinue any portion of our Services at any time, with or without notice, and without liability to you. Menu items, pricing, availability, and operating hours are subject to change without notice. Not all menu items may be available at all times or locations.

The Services are intended solely for personal, non-commercial use by end consumers. Any use of the Services for commercial purposes, resale, or unauthorized distribution is strictly prohibited without our prior written consent.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, truthful, and complete information when creating an account or placing orders;
• Maintain the security of your account credentials and notify us immediately at [email protected] of any unauthorized access or use of your account;
• Use the Website only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations;
• Ensure that any contact information, delivery address, and payment details provided are accurate and up to date;
• Be present at the designated delivery address at the time of delivery, or make alternative arrangements as permitted;
• Comply with all posted notices, policies, and guidelines on the Website; and
• Treat our staff, delivery personnel, and other users with respect and dignity.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities while using our Website or Services:

• Fraudulent Activity: Submitting false orders, using stolen or fraudulent payment methods, or misrepresenting your identity;
• Unauthorized Access: Attempting to gain unauthorized access to any part of the Website, our servers, databases, or the accounts of other users;
• Harmful Conduct: Uploading, transmitting, or distributing any viruses, malware, spyware, or other harmful software through the Website;
• Automated Scraping: Using bots, scrapers, spiders, or other automated tools to extract data from the Website without our express written permission;
• Intellectual Property Infringement: Reproducing, distributing, modifying, or creating derivative works from any content on the Website without authorization;
• Spam and Harassment: Sending unsolicited communications, harassing, threatening, or intimidating other users or our staff;
• Manipulation of Reviews: Posting false, misleading, or fabricated reviews or testimonials about our products or services;
• Illegal Activities: Using the Website to facilitate any illegal activity under applicable federal, state, or local law;
• Interference: Interfering with or disrupting the integrity or performance of the Website or the servers and networks connected to it;
• Commercial Exploitation: Using the Website for unauthorized commercial purposes, including reselling orders without our written consent; and
• Circumvention: Attempting to bypass any technological protection measures or security features implemented on the Website.

We reserve the right to investigate any suspected violations of these Terms and to take appropriate action, including suspending or terminating your account, refusing service, reporting activity to law enforcement, and pursuing legal remedies to the fullest extent permitted by applicable law.

4. Intellectual Property Rights

All content on this Website, including but not limited to text, graphics, logos, images, photographs, audio and video clips, digital downloads, data compilations, software, and the overall design, layout, and appearance of the Website (collectively, "Content"), is the property of the Company or its content suppliers and is protected by United States copyright, trademark, trade dress, and other intellectual property laws.

The Company name, logo, product names, taglines, and all related marks, designs, and trade dress are trademarks or registered trademarks of the Company or its affiliates in the United States. You may not use any such trademarks without the prior written permission of the Company. All other trademarks, service marks, and trade names not owned by us are the property of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial purposes in connection with the Services. This license does not include:

• Any resale or commercial use of the Website or its Content;
• Any collection or use of product listings, descriptions, or prices;
• Any derivative use of the Website or its Content;
• Any downloading or copying of account information for the benefit of any third party; or
• Any use of data mining, robots, or similar data gathering tools.

Any unauthorized use of the Content terminates the license granted by us and may constitute infringement of our intellectual property rights. We reserve all rights not expressly granted in these Terms.

If you believe that any content on our Website infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) to our designated agent at [email protected]. Please include in your notice: (i) a description of the copyrighted work; (ii) a description of where the infringing material is located; (iii) your contact information; (iv) a statement of good faith belief; (v) a statement of accuracy under penalty of perjury; and (vi) your signature.

5. Payment Terms

5.1 Pricing and Payment

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales tax, delivery fees, service charges, or gratuities, which will be calculated and displayed at checkout before you confirm your order.

We accept the following payment methods:

• Major credit cards (Visa, MasterCard, American Express, Discover)
• Debit cards with major credit card logos
• Digital wallets as made available through the Website from time to time

By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees. All payments are processed through secure, third-party payment processors, and we do not store your full credit card details on our servers.

5.2 Order Confirmation

An order confirmation sent to your provided email address constitutes acknowledgment of receipt of your order, not our acceptance of your order. We reserve the right to accept or decline any order at our sole discretion. If we are unable to fulfill your order, we will notify you and issue a full refund to your original payment method within a commercially reasonable timeframe.

5.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you have concerns about the quality, accuracy, or safety of your order, please contact us promptly at [email protected] or by calling us at the number listed in Section 14 below. We will evaluate each situation on a case-by-case basis and may offer a replacement, store credit, or refund at our sole discretion.

5.4 Taxes

You are responsible for paying all applicable federal, state, and local sales taxes, use taxes, and other taxes associated with your order. We will calculate and collect applicable taxes based on the delivery or pickup address and current tax rates.

6. Disclaimers and "As-Is" Basis

Allergen and Nutritional Information Disclaimer: While we make reasonable efforts to provide accurate allergen and nutritional information, our food products are prepared in environments where allergens, including but not limited to peanuts, tree nuts, gluten, dairy, eggs, soy, fish, and shellfish, may be present. We cannot guarantee that any food item is completely free from allergens. Customers with food allergies or dietary restrictions should exercise caution and consult with our staff before ordering. We are not liable for any allergic reactions or adverse health effects resulting from consumption of our food products.

Third-Party Services Disclaimer: The Website may contain links to third-party websites or may integrate with third-party services such as delivery platforms. We are not responsible for the content, privacy practices, or reliability of any third-party services, and inclusion of any link does not imply endorsement.

7. Limitation of Liability

In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability shall be limited to the maximum extent permitted by applicable law.

In any case where liability is found notwithstanding the above, the Company's total cumulative liability to you for all claims arising out of or related to your use of the Website or Services shall not exceed the greater of: (i) the total amount paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) One Hundred United States Dollars ($100.00 USD).

Some states do not allow limitations on implied warranties or limitation of liability for consequential or incidental damages. In such states, our liability shall be limited to the greatest extent permitted by applicable law.

8. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Website or Services;
• Your violation of these Terms or any applicable law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any content you submit, post, or transmit through the Website;
• Your negligence or willful misconduct;
• Any misrepresentation made by you; or
• Your violation of any rights of another user.

We reserve 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 fully with our defense of such claims. You agree not to settle any such 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 relating to these Terms, the Website, or the Services shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to conflict of law principles.

For matters not subject to arbitration as described in Section 10, you agree to submit to the exclusive personal jurisdiction and venue of the federal and state courts located in the United States. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms are also subject to applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) regarding unfair or deceptive acts or practices, and all applicable federal food safety regulations administered by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA).

To the extent you are a resident of the State of California, you may have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), the California Consumers Legal Remedies Act (CLRA), and other applicable California statutes. Nothing in these Terms is intended to limit or waive rights that cannot be waived under applicable California or other state law.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute, you agree to first contact us at [email protected] and provide a written description of your dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice. If the parties are unable to resolve the dispute informally within this period, either party may proceed to binding arbitration as described below.

10.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR THE SERVICES SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION RATHER THAN IN COURT. BY AGREEING TO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

Arbitration shall be conducted by a neutral arbitrator in accordance with the American Arbitration Association (AAA) Consumer Arbitration Rules, which are available at www.adr.org. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitration shall be conducted in English and may be conducted remotely where permitted.

10.3 Class Action Waiver

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. Unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

10.4 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within such court's jurisdiction. Additionally, either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

11. 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 while you use the Website or Services, unless terminated earlier as set forth herein.

11.1 Termination by You

You may discontinue your use of the Website and Services at any time. If you have a registered account, you may request deletion of your account by contacting us at [email protected]. Note that termination of your account does not relieve you of any obligations for outstanding orders or payments.

11.2 Termination by Us

We reserve the right, in our sole discretion, to terminate or suspend your access to the Website and Services, with or without cause and with or without notice, including for:

• Violation of these Terms or our policies;
• Fraudulent, abusive, or illegal activity;
• Conduct that we believe is harmful to other users, third parties, or the Company's business interests;
• Extended periods of account inactivity; or
• Any reason deemed appropriate at our sole discretion.

11.3 Effect of Termination

Upon termination, your right to use the Website and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: Sections 4 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Law), 10 (Dispute Resolution), and 14 (General Provisions).

12. Food Safety and Health Compliance

The Company operates in compliance with all applicable federal, state, and local food safety laws and regulations, including regulations promulgated by the U.S. Food and Drug Administration (FDA) under the Food Safety Modernization Act (FSMA), as well as applicable state and local health department regulations.

Our food products are prepared in licensed food service establishments inspected by local health authorities. However, the Company cannot guarantee that food products will be free from contamination once delivered, as conditions during delivery may vary. Customers are responsible for handling and storing food products safely following delivery.

If you experience a food safety concern, illness, or injury you believe is related to our products, please contact us immediately at [email protected] and seek appropriate medical attention.

13. Changes to Terms

We reserve the right to amend, modify, or update these Terms at any time in our sole discretion. When we make material changes to these Terms, we will provide notice by:

• Posting the revised Terms on the Website with an updated "Last Updated" date at the top;
• Sending an email notification to users with registered accounts, where required by applicable law; and/or
• Displaying a prominent notice on the Website homepage for a reasonable period following the changes.

Your continued use of the Website or Services after any changes to these Terms have been posted constitutes your binding acceptance of such changes. If you do not agree to the revised Terms, your sole remedy is to discontinue your use of the Website and Services and, if applicable, close your account. It is your responsibility to review these Terms periodically for updates.

For significant changes that materially and adversely affect your rights under these Terms, we will provide at least thirty (30) days' advance notice where required by applicable law.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.

The parties agree that if the class action waiver contained in Section 10.3 is found to be unenforceable, then the entire arbitration agreement in Section 10.2 shall be null and void and the parties agree to resolve disputes in a court of competent jurisdiction as provided in Section 9.

15. Entire Agreement and Waiver

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and the Company with respect to your use of the Website and Services, and supersede all prior and contemporaneous agreements, representations, and understandings between the parties.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision, and no waiver of any right or provision of these Terms shall be effective unless made in writing and signed by an authorized representative of the Company. A waiver of any right or provision on one occasion shall not be construed as a waiver of such right or provision on any future occasion.

No agency, partnership, joint venture, employment, or franchise relationship is created between you and the Company by these Terms or your use of the Website or Services.

16. Accessibility

We are committed to making our Website accessible to all users, including individuals with disabilities, in compliance with the Americans with Disabilities Act (ADA) and applicable state accessibility laws. If you experience difficulty accessing any part of our Website or Services due to a disability, please contact us at [email protected] so that we may provide reasonable accommodations or alternative means of access.

17. Contact Information

For any questions, concerns, complaints, or inquiries regarding these Terms of Service or our Services, please contact us using the following information:

We will make commercially reasonable efforts to respond to all inquiries within five (5) business days. For urgent matters concerning food safety or health, please also contact your local health department or emergency services as appropriate.