Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at chickschurchs.rest (the "Site") or any services offered by our food service establishment (collectively referred to as the "Services"). By accessing or using our Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of our Site and Services immediately.

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and the operator of chickschurchs.rest ("Company," "we," "us," or "our"), reachable at [email protected]. By visiting our website, placing an order, accessing any content, or using any feature of our platform, you expressly agree to these Terms, our Privacy Policy, and any additional guidelines or rules posted on our Site, all of which are incorporated herein by reference.

Your use of the Site and Services signifies your acceptance of these Terms as of the date of first access. If you are using our Services on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "User" or "you" shall refer to such entity.

We reserve the right to amend, modify, or update these Terms at any time at our sole discretion. Any changes will be posted on this page with an updated effective date. Continued use of our Site or Services after the posting of modifications constitutes your binding acceptance of such changes. It is your responsibility to review these Terms periodically.

Users must be at least 13 years of age to use this Site. If you are under the age of 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. We do not knowingly collect information from children under the age of 13 without verifiable parental consent, in compliance with the Children's Online Privacy Protection Act (COPPA).

2. Description of Services

Our Site and associated digital platforms provide customers with access to a variety of food-related services, including but not limited to:

• Online menu browsing, including descriptions and nutritional information for food and beverage items;
• Online ordering for pickup, dine-in, or delivery (where available);
• Promotional offers, coupons, and loyalty rewards programs;
• Catering inquiries and large-order coordination;
• Customer feedback and support request submission;
• Location finder tools to identify nearby restaurant locations;
• News, announcements, and marketing communications (with consent where required);
• Account registration and management for returning customers.

We operate as a food service business in the United States and are subject to all applicable federal, state, and local laws governing food safety, consumer protection, and digital commerce. Our physical and digital services are designed to comply with U.S. Food and Drug Administration (FDA) regulations, applicable state health codes, and guidelines issued by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 45 et seq.).

We reserve the right, at any time and without prior notice, to modify, suspend, or discontinue all or any part of the Services, temporarily or permanently, for any reason including maintenance, upgrades, or business decisions. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Certain features of our Site or Services may require account registration. You agree to provide accurate, current, and complete information during the registration process and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

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

• Use the Site only for lawful purposes and in accordance with these Terms;
• Provide accurate and truthful information in all interactions with us, including account registration and order placement;
• Maintain the security of your account login credentials and notify us promptly at [email protected] if you suspect any unauthorized access to your account;
• Comply with all applicable local, state, federal, and international laws and regulations;
• Respect the intellectual property rights of our Company and third parties;
• Refrain from interfering with the integrity or performance of the Site or Services.

3.2 Prohibited Activities

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

Violation of any of the above prohibited activities may result in immediate termination of your access, legal action, or referral to appropriate law enforcement authorities. We reserve the right to cooperate fully with law enforcement in connection with any investigation of unlawful activities connected to our Site or Services.

4. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, is the property of our Company or its content suppliers and is protected under applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and the Lanham Act (15 U.S.C. § 1051 et seq.).

Our trademarks, service marks, logos, and trade names used on or in connection with our Services may not be used in connection with any third-party products or services in any manner that is likely to cause confusion, or in any manner that disparages or discredits our Company. All trademarks not owned by us that appear on our Site are the property of their respective owners.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for personal, non-commercial purposes related to your use of the Services. This license does not include the right to:

• Resell or make commercial use of the Site or its contents;
• Download or copy account information for the benefit of another party;
• Use data mining, robots, or similar data gathering and extraction tools;
• Reproduce, duplicate, copy, sell, or otherwise exploit the Site or any content on the Site;
• Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information without our express written consent.

If you submit feedback, suggestions, reviews, or other content to us ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or control all rights to User Content submitted, and that such content is accurate, does not violate these Terms, and will not cause injury to any person or entity.

5. Payment Terms

When you place an order through our Site or through authorized third-party delivery platforms, you agree to pay the prices listed for the items ordered, plus any applicable taxes, delivery fees, and service charges. All prices are displayed in U.S. dollars (USD) and are subject to change without notice.

We accept major credit cards, debit cards, and other payment methods as indicated on our ordering platform at the time of checkout. By providing a payment method, you represent and warrant that:

• You are authorized to use the designated payment method;
• The payment information you provide is true, correct, and complete;
• You authorize us to charge your payment method for the total amount of your order.

All transactions are processed through secure, encrypted payment gateways compliant with Payment Card Industry Data Security Standards (PCI-DSS). We do not store full credit card numbers on our servers.

Refunds, if applicable, will be processed in accordance with our Refund Policy. In the event of a billing dispute, please contact us at [email protected] within 30 days of the transaction. We will make reasonable efforts to resolve billing disputes in good faith.

Promotional pricing, discounts, and special offers are subject to their own terms and expiration dates. Offers may not be combined unless expressly stated otherwise. We reserve the right to refuse or cancel orders that we believe, in our sole discretion, are placed fraudulently or in violation of these Terms.

6. Disclaimer of Warranties

THE SITE AND ALL SERVICES 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, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE SITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED.

We do not warrant that our food products will meet your specific dietary requirements, allergenic concerns, or personal health conditions beyond the nutritional and allergen information we provide in good faith. It is your responsibility to review all allergen information carefully prior to ordering. Customers with severe food allergies should contact us directly before placing any order.

Any reliance you place on information obtained through our Site is strictly at your own risk. We expressly disclaim any and all liability or responsibility for any loss or damage arising from your reliance on such information.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL OUR COMPANY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER ARISING FROM YOUR USE OF THE SITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES;
• ANY OTHER MATTER RELATING TO THE SITE OR SERVICES;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN STATES WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE STATE LAW.

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE 90 DAYS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are a resident of New Jersey, for example, certain limitations on warranties and damages may be restricted by state law.

8. Indemnification

You agree to defend, indemnify, and hold harmless our Company and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers 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 of Service;
• Your violation of any applicable law, regulation, or third-party rights;
• Your use or misuse of the Site or Services;
• Any User Content you submit, post, or transmit through the Site;
• Your fraudulent, negligent, or intentional misconduct;
• Any dispute or issue between you and any third party.

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 with our defense of such claims. You agree not to settle any such claim without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) 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 our principal place of business is located, without regard to its conflict of law principles.

Our digital and commercial operations are subject to applicable federal consumer protection laws, including but not limited to:

• The Federal Trade Commission Act (15 U.S.C. § 45 et seq.) — governing unfair or deceptive acts and practices;
• The Electronic Communications Privacy Act (18 U.S.C. §§ 2510–2523);
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030);
• The CAN-SPAM Act (15 U.S.C. § 7701 et seq.) — governing commercial electronic mail messages;
• The Children's Online Privacy Protection Act (COPPA) (15 U.S.C. §§ 6501–6506);
• The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), to the extent applicable to California residents;
• All applicable state food service, consumer protection, and data privacy laws.

You agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located within the United States, and you hereby irrevocably consent to the personal jurisdiction and venue therein. Nothing in this section shall prevent us from seeking injunctive or other equitable relief in any court of competent jurisdiction.

10. Dispute Resolution and Arbitration

10.1 Informal Resolution

Before initiating any formal legal proceedings, both parties 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 send a written notice of your Dispute to [email protected] with a description of the Dispute and the relief sought. We will attempt to resolve the Dispute within 60 days of receiving your notice. If the Dispute is not resolved within this period, either party may proceed to formal dispute resolution as described below.

10.2 Binding Arbitration

If informal resolution fails, any Dispute shall be resolved exclusively by binding arbitration conducted by a nationally recognized arbitration organization (such as the American Arbitration Association, "AAA") in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

The arbitration shall take place in the United States. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with the AAA Rules, except that we will pay for your reasonable filing and administrative fees if your claim is for $10,000 or less.

10.3 Class Action Waiver

YOU AND WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, both you and we waive any right to a jury trial to the fullest extent permitted by applicable law.

10.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

If you are a California resident, you may have additional rights under California law, including the right to seek relief through the California courts for certain disputes. California residents may also report complaints to the California Attorney General's Office or the California Department of Consumer Affairs.

11. Term and Termination

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

• Terminate or suspend your account or access to the Site and Services at any time, with or without notice, for any reason, including but not limited to breach of these Terms;
• Refuse service to any user for any lawful reason;
• Modify, suspend, or discontinue any feature or functionality of the Site or Services without liability to you.

You may terminate your account at any time by submitting a written request to [email protected]. Account termination does not relieve you of any obligations incurred prior to termination, including any outstanding payment obligations.

Upon termination:

• Your right to access and use the Services will immediately cease;
• We may, but are not required to, delete your account information and any User Content associated with your account;
• All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, indemnification, limitation of liability, and dispute resolution provisions.

12. Food Safety and Allergen Information

We take food safety seriously and strive to comply with all applicable regulations issued by the U.S. Food and Drug Administration (FDA), including the Food Safety Modernization Act (FSMA), and all applicable state and local health codes. Our menu items may contain common allergens including but not limited to: wheat, gluten, dairy, eggs, soy, peanuts, tree nuts, fish, and shellfish.

While we make every reasonable effort to provide accurate allergen and nutritional information, we cannot guarantee that any menu item is completely free from allergens due to potential cross-contact during preparation. Customers with known food allergies or dietary restrictions are strongly encouraged to:

• Review our full allergen guide, available upon request;
• Contact us directly at [email protected] before placing an order;
• Consult with restaurant staff at the time of ordering.

We assume no liability for adverse reactions resulting from undisclosed allergen sensitivities or from failure to notify us of your specific dietary needs prior to ordering.

13. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or platforms, including third-party delivery services (such as mobile apps or online delivery aggregators). These links are provided for convenience only and do not constitute our endorsement of such third parties or their content, products, or services.

We have no control over and assume no responsibility for the content, privacy policies, practices, or terms of service of any third-party sites or services. We strongly advise you to read the privacy policy and terms of service of any third-party site you visit. Your interactions with third-party services are governed solely by the terms and policies of those third parties.

When you order through a third-party delivery platform, the terms and policies of that platform may also apply to your transaction. We are not responsible for the actions or omissions of third-party delivery providers.

14. Privacy Policy

Your use of the Site and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in compliance with applicable U.S. federal and state privacy laws, including the California Consumer Privacy Act (CCPA/CPRA) for California residents. By using our Site and Services, you consent to the practices described in our Privacy Policy.

We are committed to protecting your personal data and will not sell your personal information to third parties for their own marketing purposes without your express consent, as required by applicable law. California residents have specific rights regarding their personal information, including the right to know, the right to delete, and the right to opt-out of sale, as further described in our Privacy Policy.

15. Changes to Terms

We reserve the right to revise, amend, or update these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will notify you by:

• Updating the "Last Updated" date at the top of this page;
• Posting a prominent notice on our Site; and/or
• Sending an email notification to the address associated with your account (where applicable and where required by law).

Changes will become effective immediately upon posting unless we specify a different effective date. It is your responsibility to review these Terms regularly. Your continued use of the Site or Services following the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must immediately cease using our Site and Services and may request account termination as described in Section 11.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall remain in full force and effect and shall be construed and enforced as if the invalid or unenforceable provision had never been included.

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. A waiver of any particular breach or default shall not constitute a waiver of any subsequent breach or default.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or additional terms and conditions published by us on the Site, constitute the entire agreement between you and our Company with respect to your use of the Site and Services. This Agreement supersedes all prior agreements, representations, warranties, and understandings, whether written or oral, between you and us with respect to the subject matter hereof.

No oral explanation or oral information given by any party shall alter the interpretation of these Terms. You acknowledge that you have not relied on any representation made by us other than those expressly set out in this Agreement.

18. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms to the extent such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions or regulations, labor disputes, power outages, internet service disruptions, supply chain failures, or civil unrest. In such events, our obligations shall be suspended for the duration of the force majeure condition, and we will resume performance as soon as reasonably practicable.

19. No Agency Relationship

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, franchise, or agency relationship between you and our Company. You do not have the authority to enter into any contract or incur any obligation on our behalf. We are independent contractors with respect to each other.

20. Accessibility

We are committed to ensuring that our website is accessible to all users, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA) and applicable Section 508 standards. If you experience any difficulty accessing our Site or Services due to a disability, please contact us at [email protected] so that we may provide you with alternative access or assistance.

21. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the information below:

We will endeavor to respond to all legitimate inquiries within a reasonable timeframe. For urgent matters, including potential food safety concerns or allergic reactions, please contact your local emergency services immediately and then notify us at the contact information provided above.