Terms of Service

1. INTRODUCTION AND ACCEPTANCE

Welcome to Wing Snob ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website located at chick-wingsnobs.digital and our food delivery and restaurant services (collectively, the "Service") operated by Wing Snob.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service. These Terms constitute a legally binding agreement between you and Wing Snob regarding your use of our services.

1.1 Eligibility Requirements

To use our Service, you must:

• Be at least 18 years old or have parental consent
• Have the legal capacity to enter into a binding contract
• Provide accurate and complete information
• Not be prohibited from receiving our services under applicable laws

1.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

2. DEFINITIONS

For the purposes of these Terms:

• "Company," "we," "our," or "us" refers to Wing Snob, located at 1517 Shattuck Ave., Berkeley, CA 94709, USA
• "You," "your," or "User" refers to the individual accessing or using the Service
• "Service" refers to our website, mobile application, food delivery services, and restaurant services
• "Content" refers to all text, graphics, images, music, software, audio, video, information, and other materials
• "Website" refers to chick-wingsnobs.digital and all associated domains and subdomains
• "Order" refers to a request for food items and services through our platform
• "Delivery Zone" refers to the geographical areas where we provide delivery services

3. USE OF SERVICES

3.1 Permitted Use

You may use our Service for the following purposes:

• Personal, non-commercial use in accordance with these Terms
• Placing orders for food items and related services
• Accessing information about our menu, prices, and services
• Creating and managing your user account
• Communicating with our customer service team

3.2 Prohibited Use

You agree not to use the Service for any of the following prohibited activities:

• Violating any local, state, national, or international laws or regulations
• Engaging in harmful, fraudulent, or malicious activities
• Attempting to gain unauthorized access to our systems or other users' accounts
• Infringing upon our intellectual property rights or those of third parties
• Sending spam, unsolicited communications, or promotional materials
• Providing false, misleading, or inaccurate information
• Interfering with or disrupting the Service or servers connected to the Service
• Using automated systems or bots to access the Service
• Reselling or redistributing the Service without our explicit consent
• Reverse engineering, decompiling, or disassembling any aspect of the Service

4. USER ACCOUNTS

4.1 Registration Requirements

To access certain features of our Service, you may be required to create an account. When creating an account, you must provide accurate, current, and complete information. You are responsible for keeping your account information up to date.

4.2 Account Security

You are responsible for maintaining the security of your account and password. You agree to:

• Use a strong, unique password for your account
• Keep your login credentials confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

4.3 Account Limitations

Each user may maintain only one account. Creating multiple accounts may result in the suspension or termination of all associated accounts.

4.4 Account Termination

We reserve the right to suspend or terminate your account at our discretion, particularly if you violate these Terms or engage in activities that harm our business or other users.

5. PRODUCTS AND SERVICES

5.1 Food Safety and Hygiene Standards

Wing Snob is committed to maintaining the highest standards of food safety and hygiene. We comply with all applicable health department regulations and food safety requirements. However, we cannot guarantee that our food preparation areas are completely free from allergens or that cross-contamination will not occur.

5.2 Allergen Information

We provide allergen information for our menu items to the best of our ability. However, this information is for guidance only and should not be relied upon by individuals with severe allergies. If you have food allergies or dietary restrictions, please inform us when placing your order and consult with our staff about ingredients and preparation methods.

Important Allergen Disclaimer: Our kitchen handles common allergens including wheat, eggs, dairy, soy, nuts, and shellfish. Cross-contamination may occur despite our best efforts to prevent it.

5.3 Menu and Pricing

We strive to provide accurate descriptions and pricing for all menu items. However:

• Prices are subject to change without notice
• Menu items may be temporarily unavailable
• Seasonal items may have limited availability
• All prices include applicable taxes unless otherwise stated

5.4 Order Acceptance and Processing

All orders are subject to acceptance by Wing Snob. We reserve the right to refuse or cancel any order for any reason, including but not limited to:

• Menu item unavailability
• Pricing errors
• Payment processing issues
• Delivery zone restrictions
• Suspected fraudulent activity

5.5 Delivery Terms and Conditions

Our delivery service operates within designated delivery zones with the following terms:

• Delivery Areas: Service is limited to our established delivery zones
• Minimum Order: A minimum order value may apply for delivery
• Delivery Fees: Delivery charges will be clearly displayed before order confirmation
• Estimated Times: Delivery times are estimates and may vary due to weather, traffic, or high demand
• Temperature Control: We use insulated containers to maintain food temperature, but cannot guarantee specific temperatures upon delivery

5.6 Order Modifications and Cancellations

Order modifications or cancellations may be possible within a limited time after order placement:

• Cancellations must be requested within 5 minutes of order placement
• Modifications may not be possible once food preparation has begun
• Refunds for cancelled orders will be processed according to our refund policy
• Some menu items may not be eligible for modification

5.7 Food Quality Guarantee

We stand behind the quality of our food. If you are not satisfied with your order, please contact us within 24 hours of delivery. We will work to resolve any quality issues through replacement, credit, or refund as appropriate.

6. INTELLECTUAL PROPERTY

6.1 Our Content and Trademarks

All content on our Service, including but not limited to text, graphics, logos, images, audio clips, video, data compilations, and software, is the property of Wing Snob or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.

The Wing Snob name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Wing Snob. You may not use such marks without our prior written permission.

6.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to access and use our Service for personal, non-commercial purposes in accordance with these Terms. This license does not permit you to:

• Download or copy content for commercial purposes
• Modify or create derivative works from our content
• Remove copyright or proprietary notices
• Use our trademarks without permission

6.3 User Content License

By submitting content to our Service (such as reviews, photos, or comments), you grant Wing Snob a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

6.4 Copyright Infringement

We respect the intellectual property rights of others. If you believe that material on our Service infringes your copyright, please contact us with the following information:

• Description of the copyrighted work claimed to be infringed
• Location of the allegedly infringing material
• Your contact information
• A statement of good faith belief that use is not authorized
• A statement of accuracy and authority to act on behalf of the copyright owner
• Your physical or electronic signature

7. USER CONTENT

7.1 Your Responsibility

You are solely responsible for any content you submit, post, or transmit through our Service. You represent and warrant that your content:

• Does not violate any laws or regulations
• Does not infringe on third-party rights
• Is accurate and not misleading
• Does not contain harmful or malicious code

7.2 Prohibited Content

You may not submit content that:

• Is illegal, harmful, threatening, abusive, or offensive
• Contains personal information of others without consent
• Infringes intellectual property rights
• Contains spam or commercial solicitations
• Is false, misleading, or defamatory
• Contains viruses or other harmful code

7.3 Content Removal

We reserve the right to remove any content that violates these Terms or that we deem inappropriate in our sole discretion. We are not obligated to monitor user content but may do so at our discretion.

8. DISCLAIMERS

8.1 Service Availability

Our Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. Access to the Service may be suspended or restricted for maintenance, updates, or other reasons.

8.2 Food Service Disclaimers

While we strive to provide high-quality food and service, we make no warranties regarding:

• The specific taste, appearance, or temperature of food items
• Exact delivery times (estimates only)
• Availability of specific menu items
• Suitability for individuals with dietary restrictions or allergies

8.3 Third-Party Content

Our Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party sites or services.

8.4 Professional Advice

Information on our Service is for general informational purposes only and should not be considered professional advice. You should consult with qualified professionals for specific advice related to your dietary needs or health concerns.

9. LIMITATION OF LIABILITY

9.1 Liability Limits

To the maximum extent permitted by law, Wing Snob's total liability for any claims arising from or related to these Terms or the Service shall not exceed the amount you paid to us in the twelve months preceding the claim.

9.2 Excluded Damages

In no event shall Wing Snob be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or information
• Business interruption
• Personal injury (except where legally required)
• Emotional distress

9.3 Food-Related Liability

While we maintain high food safety standards, we cannot be held liable for:

• Allergic reactions, except in cases of gross negligence
• Foodborne illness, unless directly attributable to our preparation
• Individual dietary preferences or restrictions
• Changes in food quality due to delivery time or conditions

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Wing Snob, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your user content or submissions
• Any false or misleading information you provide

This indemnification obligation will survive the termination of your account or these Terms.

11. THIRD-PARTY LINKS AND SERVICES

Our Service may contain links to third-party websites, applications, or services that are not owned or controlled by Wing Snob. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services.

We do not warrant the offerings of any third parties and will not be held liable for any transaction between you and any third-party provider. You should review the terms and privacy policies of any third-party services before using them.

12. TERMINATION

12.1 Termination by Company

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent or illegal activity
• Violation of our policies
• Request by law enforcement or other government agencies
• Discontinuation of the Service

12.2 Termination by User

You may terminate your account at any time by contacting us at [email protected] or by using the account deletion feature if available.

12.3 Effect of Termination

Upon termination:

• Your right to use the Service will cease immediately
• We may delete your account and all associated data
• Outstanding orders will be handled according to our standard policies
• All provisions of these Terms that should survive will remain in effect

13. GOVERNING LAW AND DISPUTES

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution

We encourage you to contact us directly to resolve any disputes. If we cannot resolve a dispute through direct communication, you agree to first attempt resolution through mediation before pursuing other legal remedies.

13.3 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms will be brought exclusively in the state or federal courts located in Alameda County, California. You consent to the jurisdiction of such courts and waive any objection to venue.

13.4 Time Limitation

Any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.

14. CHANGES TO TERMS

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms constitute the entire agreement between you and Wing Snob regarding the use of the Service and supersede all prior agreements and understandings, whether written or oral.

15.2 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15.3 Waiver

The failure of Wing Snob to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision will only be effective if made in writing and signed by an authorized representative of Wing Snob.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15.5 Force Majeure

Wing Snob will not be liable for any failure to perform due to unforeseen circumstances or causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.6 Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

16. CONTACT INFORMATION