Terms of Service

Please read these Terms of Service carefully before using the website foodchopt.click or any services offered by Chopt. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be legally bound by these Terms of Service. If you do not agree to these terms, you must immediately discontinue use of our website and services.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and Chopt ("Company," "we," "us," or "our"), the operator of the website located at foodchopt.click (the "Website"). By accessing the Website, creating an account, placing a food order, subscribing to any service, or otherwise interacting with our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any other policies incorporated herein by reference.

If you are using our services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you may not use our services.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Your continued use of the Website following the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically. We will make reasonable efforts to notify users of material changes via email or a prominent notice on our Website.

These Terms apply to all users of the Website, including without limitation users who are browsers, customers, vendors, merchants, and/or contributors of content. You must be at least 18 years of age, or the age of majority in your jurisdiction, to use our services. By agreeing to these Terms, you represent and warrant that you meet this age requirement.

2. Description of Services

Chopt is a food-related business operating within the United States, providing customers with access to food products, meal options, ordering capabilities, and related culinary services through our Website at foodchopt.click. Our services may include, but are not limited to:

• Online food ordering and delivery services
• Menu browsing and customization options
• Account creation and management
• Customer loyalty programs and promotional offers
• Nutritional and ingredient information
• Customer support and communications
• Catering and group ordering services
• Gift cards and promotional credits
• Mobile and web-based order tracking

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. Availability of certain menu items, services, or features may vary by location and is subject to change without prior notice.

Chopt does not guarantee that any specific menu item, ingredient, or service will be continuously available. Product availability is subject to supply, seasonality, and operational considerations. We strive to keep our Website content accurate and up to date, but we do not warrant that all descriptions, prices, or availability information displayed on the Website are error-free, complete, or current.

3. User Accounts and Registration

To access certain features of our Website and services, you may be required to create a user account. When you register for an account, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account.

You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to protect your account credentials. You may not use another person's account without their express permission.

We reserve the right to terminate or suspend your account at any time and for any reason, including but not limited to a violation of these Terms, fraudulent activity, or conduct that we determine, in our sole discretion, to be harmful to our business, other users, or third parties. Upon termination of your account, your right to use the services will immediately cease.

4. User Obligations and Prohibited Activities

By using our Website and services, you agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to those of the United States of America. You further agree to use our Website and services only for lawful purposes and in a manner consistent with these Terms.

4.1 User Obligations

As a user of Chopt's services, you agree to:

• Provide accurate, truthful, and complete information when creating an account or placing orders
• Use our services only for personal, non-commercial purposes unless otherwise expressly authorized in writing
• Comply with all payment obligations associated with your orders and subscriptions
• Treat our staff, delivery personnel, and other users with respect and dignity
• Review all nutritional and allergen information before ordering if you have dietary restrictions or food allergies
• Provide accurate delivery address and contact information to facilitate successful order fulfillment

4.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

• Violating any applicable federal, state, or local law or regulation in connection with your use of our services
• Submitting false, misleading, or fraudulent information, including fraudulent payment information
• Attempting to gain unauthorized access to our systems, databases, or user accounts
• Engaging in any form of data mining, scraping, or automated data collection from our Website without express written permission
• Using our services to harass, abuse, threaten, or harm any other person
• Uploading or transmitting any viruses, malware, spyware, or other harmful code
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity
• Attempting to circumvent any security measures implemented on our Website
• Using our services to send unsolicited commercial communications (spam)
• Engaging in any activity that disrupts or interferes with the proper functioning of our Website or servers
• Reproducing, duplicating, copying, or exploiting any portion of our Website for commercial purposes without our express written permission
• Reselling or otherwise commercializing any of our products or services without authorization
• Making fraudulent or abusive claims regarding orders, refunds, or promotions
• Engaging in conduct that could damage the reputation or goodwill of Chopt

Violation of any of the above prohibitions may result in immediate termination of your account, cancellation of pending orders, and potential legal action. We cooperate fully with law enforcement authorities in the investigation of any suspected illegal activity conducted through our platform.

5. Intellectual Property Rights

All content, materials, and intellectual property available on or through the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the overall design and layout of the Website (collectively, "Content"), are the exclusive property of Chopt or its licensors and are protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, trade secret laws, and other applicable intellectual property legislation.

The Chopt name, logo, and all related marks, names, and slogans are trademarks or registered trademarks of Chopt in the United States. You may not use any of our trademarks, trade names, or service marks without our prior written consent. Unauthorized use of our trademarks may constitute trademark infringement and unfair competition under applicable federal and state laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Website and services for your personal, non-commercial purposes. This license does not include the right to: (a) copy, reproduce, or distribute any Content; (b) modify or create derivative works based on our Content; (c) use our Content for any public or commercial purpose; or (d) remove or alter any copyright, trademark, or other proprietary notices.

If you submit any feedback, suggestions, reviews, or other content to us ("User Content"), you grant Chopt a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, distribute, and display such User Content in connection with our business operations. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe any third-party rights.

6. Payment Terms

By placing an order through our Website, you agree to pay all applicable charges, including the price of the food items ordered, applicable taxes, delivery fees, service fees, and any other charges disclosed at the time of purchase. All prices are listed in United States Dollars (USD) and are subject to change without notice.

6.1 Payment Methods

We accept various payment methods as indicated on our Website at the time of checkout. By providing payment information, you represent and warrant that: (a) the payment information you provide is accurate and complete; (b) you are authorized to use the payment method provided; and (c) your use of the payment method will not violate any applicable laws or regulations.

6.2 Order Confirmation

Upon successful placement of an order, you will receive an order confirmation via email. This confirmation represents our acceptance of your order and creates a binding contract for the purchase of the specified food items. We reserve the right to cancel any order in the event of pricing errors, item unavailability, or suspected fraudulent activity, and will provide a full refund in such cases.

6.3 Taxes

All applicable federal, state, and local taxes will be calculated and charged at the time of purchase in accordance with applicable law. Tax rates may vary based on your location and the nature of the items purchased.

6.4 Refunds and Cancellations

Our refund and cancellation policies are as described on our Website. Due to the perishable nature of food products, refunds may be limited. If you have concerns about an order, please contact us promptly at [email protected]. We will review each situation on a case-by-case basis and strive to provide a fair resolution.

6.5 Promotional Offers and Discounts

Any promotional offers, discount codes, or coupons are subject to their specific terms and conditions. Promotional offers may not be combined unless expressly stated otherwise, and we reserve the right to modify or discontinue promotions at any time without notice.

7. Food Safety, Allergens, and Dietary Information

Chopt takes food safety and customer health seriously. However, you acknowledge that our food products are prepared in facilities that handle common allergens, including but not limited to nuts, dairy, gluten, eggs, soy, shellfish, and other allergens. We cannot guarantee that any menu item will be entirely free from cross-contamination.

If you have food allergies, dietary restrictions, or medical conditions that may be affected by food consumption, it is your sole responsibility to: (a) carefully review all ingredient and nutritional information provided on our Website; (b) contact us directly before placing an order to inquire about specific allergen concerns; and (c) consult with a qualified healthcare provider as appropriate. We shall not be liable for any adverse health reactions resulting from consumption of our food products where allergen information has been made available to you.

Nutritional and caloric information provided on our Website is based on standard recipes and may vary due to ingredient substitutions, preparation methods, and portion sizes. Such information is provided for general informational purposes only and should not be used as a substitute for professional dietary or medical advice.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHOPT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR 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 RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO CHOPT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability set forth above are fundamental elements of the basis of the bargain between Chopt and you. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so some of the above limitations may not apply to you to the extent prohibited by applicable law. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

Nothing in these Terms shall exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.

9. Disclaimers

OUR WEBSITE AND 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 PERMISSIBLE UNDER APPLICABLE LAW, CHOPT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that: (a) our Website or services will meet your specific requirements; (b) our Website or services will be uninterrupted, timely, secure, or error-free; (c) the results obtained from use of our services will be accurate or reliable; (d) any errors in our Website will be corrected; or (e) our Website is free of viruses or other harmful components.

We make no representations or warranties regarding the accuracy, completeness, or reliability of any content, information, or materials available through our Website. Any reliance you place on such information is strictly at your own risk. We expressly disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Third-party links or references appearing on our Website are provided for convenience only. We do not endorse, warrant, or assume any responsibility for the content, products, or services of any third-party websites or services linked to from our Website. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

10. Indemnification

You agree to defend, indemnify, and hold harmless Chopt and its officers, directors, employees, agents, licensors, suppliers, and partners (collectively, "Indemnified Parties") from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of our Website, services, or Content
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights
• Any User Content you submit, post, or transmit through our Website
• Your fraud, willful misconduct, or negligence
• Any dispute between you and any third party arising from your use of our services

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You shall not settle any claim or matter without our prior written consent. This indemnification obligation shall survive the termination of these Terms and your use of our services.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their 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 laws of the applicable state in which Chopt is registered and operates, without regard to any conflict of law provisions that would cause the application of the laws of any other jurisdiction.

By using our services, you consent to the personal jurisdiction and exclusive venue of the federal and state courts located in the United States for the resolution of any disputes not subject to arbitration as described below. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

In addition to applicable state law, these Terms are subject to relevant federal laws of the United States, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Electronic Communications Privacy Act, and the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), as applicable. If you are a resident of California, your use of our services may also be subject to certain provisions of the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), California Business and Professions Code, and other California state laws.

12. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us informally by emailing us at [email protected] with a detailed written description of the dispute and your desired resolution. We will make good-faith efforts to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution.

12.2 Binding Arbitration

Except for disputes that qualify for small claims court and except as provided below, any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of our services (collectively, "Disputes"), shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding, subject only to the limited grounds for judicial review permitted under the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

12.3 Class Action Waiver

YOU AND CHOPT 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.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights. Either party may also bring an action in small claims court for disputes or claims within the scope of that court's jurisdiction.

13. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or services. We may, in our sole discretion and without prior notice, terminate or suspend your access to all or any part of our services for any reason, including without limitation: (a) your breach of these Terms; (b) fraudulent, abusive, or illegal activity; (c) conduct that is harmful to other users, third parties, or our business interests; or (d) any other reason we deem appropriate.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account will not affect any obligations incurred prior to termination, including payment obligations for completed orders.

Upon termination for any reason: (a) your right to use our services will immediately cease; (b) any licenses granted to you under these Terms will immediately terminate; and (c) we may delete your account information and User Content, though we may retain certain information as required by law or for legitimate business purposes.

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, disclaimers, limitations of liability, indemnification obligations, governing law, and dispute resolution provisions.

14. Changes to Terms

We reserve the right to modify these Terms of Service at any time and for any reason. When we make material changes to these Terms, we will provide notice through one or more of the following methods: (a) posting the revised Terms on our Website with an updated "Last Updated" date; (b) sending an email notification to the address associated with your account; or (c) displaying a prominent notice on our Website.

Your continued use of our Website or services after the effective date of any modified Terms constitutes your acceptance of and agreement to be bound by such modified Terms. If you do not agree to the modified Terms, you must immediately discontinue your use of our services and, if applicable, close your account. We encourage you to review these Terms periodically to stay informed about our practices and your rights.

We will maintain an archive of previous versions of these Terms, which you may request by contacting us at [email protected].

15. Electronic Communications

By using our Website and services, you consent to receiving electronic communications from us. These communications may include notices about your account, transactional information, marketing communications (subject to your preferences), and other information relating to our services. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

If you wish to opt out of marketing communications, you may do so by following the unsubscribe instructions included in our emails or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, you may still receive transactional and administrative communications related to your account and orders.

16. Third-Party Services and Links

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Chopt. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse or make any representations about the accuracy, reliability, or completeness of information on third-party websites.

We strongly encourage you to review the terms of service and privacy policies of any third-party websites you visit. Your interactions with third-party websites are solely between you and such third parties, and you agree that Chopt shall not be responsible or liable for any loss or damage of any kind incurred as a result of your dealings with third-party websites or services.

17. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms arising from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, labor disputes or strikes, governmental actions or regulations, supply chain disruptions, power outages, internet service interruptions, or any other event beyond our reasonable control (each, a "Force Majeure Event"). In the event of a Force Majeure Event, we will make reasonable efforts to notify you of the impact on our services and to resume normal operations as soon as practicable.

18. Severability

If any provision of these Terms 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 valid, legal, and enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect, and the invalidity, illegality, or unenforceability of any particular provision shall not affect the validity, legality, or enforceability of any other provision hereof.

The parties agree that a court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. In no event shall the invalidity or unenforceability of any provision be construed to affect the parties' rights or obligations under these Terms as a whole.

19. Entire Agreement and Waiver

These Terms, together with our Privacy Policy and any other policies, agreements, or notices referenced herein, constitute the entire agreement between you and Chopt with respect to your use of our Website and services, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings between you and Chopt, whether written or oral, regarding the subject matter hereof.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default, and shall not affect the other terms of these Terms. A waiver will only be effective if it is in writing and signed by an authorized representative of Chopt.

20. Assignment

You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any purported assignment without such consent shall be null and void. We may freely assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, reorganization, sale of assets, or operation of law, without your consent or prior notice.

21. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or our services, please contact us using the following information:

We will make reasonable efforts to respond to all inquiries within a reasonable timeframe. For urgent matters related to food safety or order issues, please contact us directly by email at [email protected] so that we may address your concern as promptly as possible.