Terms of Service

Please read these Terms of Service carefully before using the website located at chopt-tasty.click (the "Site") or any services offered by Chopt ("Company," "we," "us," or "our"). By accessing or using our Site or services, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not access or use our Site or services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Site at chopt-tasty.click, placing an order, creating an account, or engaging with any content or services offered by Chopt, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Chopt. 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, and "you" refers to both you individually and that entity.

You must be at least 13 years of age to use this Site. If you are under 18 years of age, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. We reserve the right to request proof of age at any time.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Your continued use of the Site following the posting of any changes constitutes your acceptance of those changes. It is your responsibility to check this page periodically for updates.

2. Description of Services

Chopt is a food service company offering a variety of products, menu options, ordering capabilities, and related services through its website located at chopt-tasty.click. Our services may include, without limitation:

• Online ordering of food and beverage products;
• Browsing and reviewing current menu offerings, seasonal items, and limited-time specials;
• Account creation and management for repeat ordering convenience;
• Delivery or pickup scheduling and coordination;
• Loyalty or rewards program participation (if and when available);
• Customer support and communication services;
• Nutritional and allergen information display;
• Promotional offers, discounts, and coupon distribution;
• Gift card purchase and redemption;
• Catering and bulk ordering services;
• Any other features, tools, or content we may offer now or in the future.

We reserve the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Site or any part of it, with or without prior notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

Availability of certain menu items, services, or features may vary based on your geographic location, time of day, or other operational factors. We make no guarantee that all items displayed on the Site will be available at the time of your order.

3. User Accounts and Registration

Certain features of our Site may require you to register for an account. When registering, you agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials, including your username and password.

You agree to immediately notify Chopt of any unauthorized use of your account or any other breach of security. Chopt will not be liable for any loss or damage arising from your failure to comply with this section. You are fully responsible for all activities that occur under your account, whether or not authorized by you.

Chopt reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms.

4. User Obligations and Prohibited Activities

By using the Site and services, you agree to use them only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations, including but not limited to the laws of the United States.

4.1 General User Obligations

You agree that you will:

• Provide accurate and truthful information when placing orders or registering an account;
• Comply with all applicable laws and regulations when using our Site;
• Treat Chopt employees, contractors, and other users with respect and courtesy;
• Use the Site and services only for personal, non-commercial purposes unless explicitly permitted by us;
• Promptly review your orders for accuracy before submission;
• Honor any purchases made through your account.

4.2 Prohibited Activities

You agree that you will NOT:

• Use the Site for any unlawful purpose or in violation of any applicable regulations;
• Post, transmit, or distribute any content that is defamatory, obscene, fraudulent, threatening, harassing, or otherwise objectionable;
• Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site;
• Use any automated tools, bots, scrapers, or data mining technologies to collect information from the Site without our prior written consent;
• Attempt to reverse engineer, decompile, or disassemble any portion of the Site or its underlying software;
• Interfere with or disrupt the integrity or performance of the Site or the data contained therein;
• Circumvent, disable, or otherwise interfere with any security-related features of the Site;
• Use the Site to transmit unsolicited commercial communications (spam);
• Impersonate any person or entity, or falsely represent your affiliation with a person or entity;
• Use the Site in any manner that could damage, disable, overburden, or impair our servers or networks;
• Engage in any fraudulent activity, including submitting false or misleading orders, chargebacks, or refund claims;
• Copy, reproduce, modify, distribute, or create derivative works based on any content from the Site without prior written authorization;
• Resell, sublicense, or commercially exploit any content or services obtained from the Site;
• Use the Site in any way that violates the rights of any third party, including intellectual property rights or privacy rights.

Any violation of these prohibited activities may result in the immediate termination of your access to the Site, and we reserve the right to report such violations to the appropriate law enforcement authorities.

5. Ordering, Payment Terms, and Pricing

5.1 Order Placement

When you place an order through our Site, you are making an offer to purchase the selected items at the prices listed at the time of your order. All orders are subject to acceptance by Chopt. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, product unavailability, errors in pricing or product description, or suspected fraudulent activity.

You will receive an order confirmation via email or on-screen notification once your order has been accepted. This confirmation constitutes our acceptance of your order and forms a binding contract between you and Chopt.

5.2 Pricing and Taxes

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable federal, state, or local sales taxes, delivery fees, service charges, or gratuity, which will be calculated and displayed during the checkout process. You are responsible for paying all applicable taxes and fees associated with your order.

In the event of a pricing error on the Site, we reserve the right to cancel any orders placed at the incorrect price, even after an order confirmation has been issued. We will notify you of such cancellations as soon as reasonably possible.

5.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on the Site at the time of purchase. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order, including all applicable taxes and fees.

All payment transactions are processed through secure third-party payment processors. Chopt does not store your full credit card information on its servers. By using our Site, you agree to the terms and privacy policies of our third-party payment processors.

5.4 Refunds and Cancellations

Our refund and cancellation policy is outlined separately and is accessible on our Site. In general, once an order has been confirmed and preparation has begun, cancellations may not be possible. Refunds, when applicable, will be issued at our discretion in accordance with our refund policy and applicable consumer protection laws.

6. Intellectual Property Rights

All content available on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, menu items, recipes, software, and the overall compilation of the Site (collectively, "Content"), is the exclusive property of Chopt or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Chopt name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Chopt or its affiliates. You may not use such marks without the prior written permission of Chopt. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

6.1 Limited License

Subject to your compliance with these Terms, Chopt grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and its Content solely for your personal, non-commercial use in connection with our food services. This license does not include any right to:

• Resell or commercially exploit the Site or its Content;
• Modify, adapt, translate, or create derivative works based on the Content;
• Download or copy account information for the benefit of another merchant;
• Use data mining, robots, or similar data gathering and extraction tools;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site.

Any unauthorized use of the Content or Site automatically terminates the permission or license granted by Chopt and may violate applicable copyright, trademark, and other laws.

6.2 User-Submitted Content

If you submit, post, or otherwise provide any content to Chopt through the Site, including reviews, comments, photos, or feedback ("User Content"), you grant Chopt a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not violate any third-party rights or applicable law.

7. Disclaimers and "As-Is" Basis

YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE 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 PERMITTED BY 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, AND NON-INFRINGEMENT;
• WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE, INCLUDING MENU DESCRIPTIONS, NUTRITIONAL INFORMATION, OR ALLERGEN DATA;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED.

Chopt makes no warranties or representations regarding the accuracy or completeness of any third-party content linked from or to our Site. We do not warrant that our services will meet your expectations or requirements.

Allergen and Nutritional Information: While we make every effort to provide accurate nutritional and allergen information, we cannot guarantee that our food products are free from specific allergens. Menu items may be prepared in facilities that handle common allergens, including but not limited to nuts, dairy, gluten, eggs, soy, and shellfish. Customers with food allergies or sensitivities should exercise caution and contact us directly before placing an order.

Nothing in these Terms shall limit or exclude any liability that cannot be limited or excluded under applicable federal or state consumer protection laws, including the Federal Trade Commission Act.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHOPT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE SITE BY ANY THIRD PARTY;
• ERRORS OR OMISSIONS IN ANY CONTENT;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CHOPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CHOPT'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CHOPT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

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. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Chopt and its respective officers, directors, employees, agents, licensors, service providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Site or services in a manner not authorized by these Terms;
• Your violation of any applicable federal, state, or local laws or regulations;
• Your User Content or any content you submit, post, or transmit through the Site;
• Your infringement of any third-party intellectual property, privacy, or other rights;
• Any misrepresentation made by you in connection with your use of the Site;
• Any dispute or issue between you and any third party;
• Your negligence or willful misconduct.

Chopt reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Chopt in the defense of such matter.

10. Privacy and Data Protection

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. By using the Site, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

Chopt is committed to complying with applicable United States privacy laws, including the Federal Trade Commission Act (FTC Act) regarding unfair or deceptive practices, and, where applicable, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents. Please review our Privacy Policy for full details regarding your rights and our data practices.

11. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Chopt. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to review the terms and privacy policy of any third-party site you visit.

Your interactions with any third-party service providers, including payment processors and delivery partners, are governed by their respective terms and policies. Chopt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available through any third-party websites or services.

12. 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 Chopt is principally located, without giving effect to any choice or conflict of law provision or rule.

To the extent any legal action is permitted under these Terms (and not subject to mandatory arbitration as described below), you agree that any litigation shall be filed and maintained exclusively in the appropriate state or federal courts located in the United States, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such claims or disputes.

These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. All claims must be brought within the applicable statute of limitations period under United States law.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Site by contacting Chopt directly at [email protected] and providing a written description of the dispute and the relief you are seeking. Chopt will attempt to respond within thirty (30) days. You and Chopt agree to negotiate in good faith for at least thirty (30) days following receipt of such written notice before initiating any formal dispute resolution proceeding.

13.2 Binding Arbitration

If informal resolution efforts are unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms, the Site, or our services — including questions of arbitrability — shall be finally resolved by binding arbitration administered by a recognized arbitration organization under its then-current rules. The arbitration shall be conducted in English, seated in the United States, and the arbitrator's award shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

The following types of disputes are excluded from arbitration and may be pursued in court: (a) small claims court matters that qualify under applicable rules; (b) disputes involving Chopt's intellectual property rights; (c) requests for emergency injunctive or temporary restraining relief.

13.3 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Chopt agree otherwise, the arbitrator may not consolidate more than one person's claims with yours, and may not otherwise preside over any form of a representative or class proceeding.

13.4 Waiver of Jury Trial

TO THE EXTENT ANY CLAIMS ARE PERMITTED TO PROCEED IN COURT, BOTH YOU AND CHOPT WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH SUCH CLAIMS.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or our services. Chopt may, in its sole discretion, at any time and for any reason, with or without notice:

• Terminate or suspend your access to the Site or services;
• Terminate or suspend your account;
• Remove or disable access to any content or features.

Grounds for termination may include, but are not limited to, violations of these Terms, suspected fraudulent or illegal activity, conduct that Chopt believes is harmful to other users, Chopt, or third parties, or conduct that is otherwise inconsistent with the spirit of these Terms.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion.

Upon termination, your right to use the Site and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Changes to Terms of Service

Chopt reserves the right, at its sole discretion, to modify, update, add to, or remove portions of these Terms of Service at any time. Changes will be effective upon posting to the Site, unless otherwise indicated. We will update the "Last Updated" date at the top of this page when revisions are made.

For material changes, we may provide more prominent notice, such as an email notification to registered users or a banner notification on the Site. However, it is your responsibility to review these Terms periodically to stay informed of any updates.

Your continued access to or use of the Site following the posting of updated Terms constitutes your binding acceptance of those changes. If you do not agree to the updated Terms, you must immediately stop using the Site and services.

16. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of these Terms shall continue in full force and effect.

The invalidity or unenforceability of any provision shall not affect any other provision of these Terms, and the parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves, to the extent possible, the original intent and economic effect of the replaced provision.

17. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Chopt on the Site, constitute the entire agreement between you and Chopt with respect to your use of the Site and services and supersede all prior or contemporaneous agreements, representations, warranties, and understandings between you and Chopt with respect to such subject matter.

No waiver by Chopt of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Chopt to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms may not be assigned by you without the prior written consent of Chopt, but may be assigned by Chopt without restriction.

18. Force Majeure

Chopt shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, fire, floods, strikes, labor disputes, wars, government restrictions, supply chain disruptions, or failures of third-party service providers, internet infrastructure, or utility services.

19. Electronic Communications

By using the Site or communicating with us electronically, you consent to receive communications from Chopt electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

20. Accessibility

Chopt is committed to making our Site accessible to all users, including those with disabilities, in compliance with applicable accessibility standards under the Americans with Disabilities Act (ADA) and relevant Web Content Accessibility Guidelines (WCAG). If you experience difficulty accessing any portion of our Site, please contact us using the information below so that we may assist you.

21. Contact Information

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

We will make every reasonable effort to respond to your inquiry within a reasonable timeframe. For urgent matters related to food safety or allergen concerns, please contact us immediately via email at [email protected].