Terms of Service

Please read these Terms of Service carefully before using the website located at chopt-tasty.rest (the "Website") or any services offered by Chopt ("Company," "we," "us," or "our"). By accessing or using our Website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you are expressly prohibited from using the Website and must discontinue use immediately.

1. Acceptance of Terms

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

These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Chopt. Your continued use of the Website following any modifications to these Terms shall constitute your acceptance of such changes. If you are using this Website on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

You must be at least eighteen (18) years of age to use this Website and enter into these Terms. By using our Website and services, you represent and warrant that you meet this minimum age requirement. We reserve the right to request proof of age at any time.

2. Description of Services

Chopt is a food service company operating within the United States that provides customers with access to food-related products, menu offerings, online ordering capabilities, and related services through its Website at chopt-tasty.rest. Our services may include, but are not limited to, the following:

• Online Food Ordering: Customers may browse our digital menu and place orders for pickup, delivery, or dine-in as applicable at participating locations.
• Menu Information: We provide detailed information about our food offerings, including ingredients, nutritional data, allergen disclosures, and pricing.
• Account Registration: Users may register for a personal account to manage orders, save preferences, and access loyalty rewards or promotional offers.
• Loyalty and Rewards Programs: We may offer rewards, promotional discounts, and loyalty points to eligible users as part of our customer engagement initiatives.
• Customer Support: We provide customer support services accessible via email at [email protected] to assist with inquiries, complaints, and feedback.
• Promotional Content: We may feature promotional campaigns, limited-time offers, and seasonal menu items through the Website.

We reserve the right to modify, suspend, discontinue, or expand any aspect of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Availability of specific menu items, pricing, and services may vary by location and are subject to change without notice. Descriptions of food products on the Website are provided for informational purposes only, and actual products may vary based on availability and preparation.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of the Chopt Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the confidentiality of your account credentials and notify us immediately at [email protected] if you suspect any unauthorized use of your account.
• Use the Website and services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your use of the Website.
• Promptly update your account information to keep it accurate and current.
• Pay all charges associated with your orders in a timely manner.
• Use the Website in a manner that does not interfere with or disrupt the integrity or performance of the Website or its underlying infrastructure.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities when using the Chopt Website or services:

• Using the Website for any fraudulent, unlawful, deceptive, or harmful purpose.
• Attempting to gain unauthorized access to any portion of the Website, other user accounts, or any computer systems or networks connected to the Website.
• Transmitting any viruses, malware, ransomware, or other harmful or destructive code through the Website.
• Scraping, data mining, or harvesting data from the Website without our express written permission.
• Using automated scripts, bots, or other automated means to access, query, or otherwise interact with the Website.
• Impersonating any person or entity, including any Chopt employee or representative.
• Posting, transmitting, or distributing any content that is defamatory, obscene, offensive, harassing, or otherwise objectionable.
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software underlying the Website.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or its content for commercial purposes without our written consent.
• Circumventing, disabling, or otherwise interfering with any security features of the Website.
• Engaging in any activity that places an unreasonable or disproportionately large load on the Website's infrastructure.
• Creating multiple accounts for abusive purposes, including taking advantage of promotional offers multiple times in an unauthorized manner.
• Violating any applicable law, including consumer protection laws enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.).

We reserve the right to investigate any violations of these Terms and take appropriate legal or administrative action, including suspending or terminating your account and reporting violations to law enforcement authorities.

4. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the overall "look and feel" of the Website, is the exclusive property of Chopt or its licensors and is protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, and other proprietary rights.

The Chopt name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Chopt. You are prohibited from using any of these marks without our prior written permission. All other trademarks, service marks, and trade names appearing on this Website are the property of their respective owners.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with ordering food and related services from Chopt. This license does not include any right to:

• Modify or copy the Website's materials;
• Use the materials for any commercial purpose;
• Transfer the materials to another person or "mirror" the materials on any other server;
• Remove any copyright, trademark, or other proprietary rights notices.

Any unauthorized use of the Website's content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. This license terminates automatically if you violate any of these Terms.

If you submit any feedback, suggestions, ideas, reviews, or other content to us ("User Content"), you grant Chopt a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or control all rights in and to the User Content you submit.

5. Payment Terms

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

5.1 Payment Methods

We accept various forms of payment as indicated on the Website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your selected payment method for the total amount of your order, including all applicable taxes and fees.

5.2 Order Confirmation

Upon successful placement of an order, you will receive an order confirmation. This confirmation does not constitute acceptance of your order. We reserve the right to refuse or cancel any order for reasons including but not limited to: product unavailability, errors in product or pricing information, or suspected fraudulent activity.

5.3 Refunds and Cancellations

Refund and cancellation policies vary by order type and location. Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you have a concern about an order, please contact us promptly at [email protected]. We will review each situation on a case-by-case basis and, at our sole discretion, may offer a refund, replacement, or store credit as appropriate.

5.4 Promotional Offers and Discounts

Promotional codes, discounts, and special offers are subject to their own specific terms and conditions. These may include expiration dates, restrictions on use, and limitations on the items to which they may be applied. We reserve the right to modify, restrict, or cancel any promotional offer at our discretion.

5.5 Taxes

You are responsible for all applicable sales taxes, use taxes, and other governmental taxes or fees imposed on your purchases. We will collect applicable taxes as required by law.

6. Disclaimers

THE WEBSITE AND ALL SERVICES, CONTENT, AND PRODUCTS OFFERED BY CHOPT 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, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES.

Chopt does not warrant or guarantee the accuracy of nutritional information, allergen data, or ingredient lists provided on the Website. Food products are prepared in facilities that handle common allergens. Customers with food allergies or dietary restrictions should exercise caution and contact us directly at [email protected] for detailed information.

The Website may contain links to third-party websites, applications, or services. Chopt has no control over the content, policies, or practices of any linked third-party websites and assumes no responsibility for them. The inclusion of any link does not imply endorsement by Chopt.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHOPT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
• ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE WEBSITE.

IN NO EVENT SHALL CHOPT'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CHOPT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless Chopt and its respective officers, directors, employees, shareholders, agents, licensors, suppliers, successors, and assigns from and against any and all 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 use or misuse of the Website or services;
• Your User Content or any content you submit, post, or transmit through the Website;
• Your violation of any applicable law, regulation, or third-party rights, including intellectual property rights;
• Your fraudulent or deceptive conduct;
• Any claims by third parties arising out of or relating to your use of the Website or services.

We reserve the right, at our own expense, to assume the 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 agree not to settle any such matter without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or relating to these Terms or your use of the Website shall be governed by and construed in accordance with the laws of the United States of America and applicable state laws, without regard to conflicts of law principles that would result in the application of the laws of any other jurisdiction.

Any legal action or proceeding arising out of or relating to these Terms that is not subject to mandatory arbitration shall be instituted exclusively in the federal or state courts of competent jurisdiction in the United States. You hereby consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such action or proceeding.

These Terms shall comply with all applicable federal consumer protection laws enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.). Where applicable, certain consumer rights and protections under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and other applicable state consumer protection statutes may apply to users residing in those jurisdictions.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Chopt at [email protected] to attempt to resolve any dispute informally. We will make reasonable efforts to resolve any concerns within thirty (30) days of receiving your written notice of the dispute. The notice must describe the nature of the dispute, the relief sought, and your contact information.

10.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by a recognized arbitration organization under its applicable rules. Judgment on the arbitration award may be entered in any court having jurisdiction.

The arbitration shall be conducted in English. The arbitrator shall apply substantive law consistent with the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and applicable statutes of limitations. The arbitrator's award shall be final and binding.

10.3 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.

10.4 Exceptions

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

11. Term and Termination

These Terms of Service remain in full force and effect while you use the Website and services. We reserve the right, in our sole discretion, to suspend or terminate your access to the Website and services, or any portion thereof, at any time and for any reason, including but not limited to:

• Violation of these Terms of Service;
• Engaging in fraudulent, harmful, or illegal activity;
• Failure to pay for services or orders;
• Upon request by law enforcement or other government agencies;
• Unexpected technical or security issues or problems;
• Extended periods of inactivity.

Upon termination, your right to use the Website and services will immediately cease. If your account is terminated, we may, but are not obligated to, delete any content or information associated with your account. We shall not be liable to you or any third party for any suspension or termination of your account or access to the Website.

Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and all other provisions that by their nature should survive.

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

12. Changes to Terms of Service

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. In the event of material changes, we may also provide additional notice, such as by sending an email to the address associated with your account or by displaying a prominent notice on our Website.

It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued use of the Website or services after any modifications to these Terms become effective constitutes your binding acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Website and services immediately.

We may also revise our Privacy Policy, which is incorporated into these Terms by reference. Changes to the Privacy Policy will similarly be governed by this section.

13. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an 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 such modification is not possible, it shall be deemed severed from these Terms. The invalidity, illegality, or unenforceability of any particular provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.

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

These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and Chopt concerning the Website and services, and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions between the parties, whether oral or written.

14. Additional Legal Provisions

14.1 Force Majeure

Chopt shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, government actions, labor disputes, supply chain disruptions, or any other force majeure event.

14.2 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Chopt may freely assign its rights and obligations under these Terms without restriction. Any purported assignment in violation of this provision shall be null and void.

14.3 Electronic Communications

By using our Website and services, you consent to receive electronic communications from us. 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.

14.4 Accessibility

Chopt is committed to making its Website accessible to all users. If you experience difficulty accessing any portion of our Website or services due to a disability, please contact us at [email protected] so that we may assist you.

14.5 Food Safety and Allergy Notice

Our food products are prepared in shared kitchen environments where common allergens including, but not limited to, nuts, dairy, gluten, eggs, shellfish, and soy may be present. While we take reasonable precautions to prevent cross-contamination, we cannot guarantee that any menu item is completely free of allergens. Customers with severe food allergies should exercise caution and consult with us prior to ordering. Chopt shall not be liable for any adverse reactions resulting from allergen exposure where reasonable allergen disclosures have been made.

14.6 Children's Privacy

Our Website and services are not directed to children under the age of thirteen (13). We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13 without parental consent, we will promptly delete such information. If you believe we may have collected information from a child under 13, please contact us at [email protected].

15. Contact Information

If you have any questions, concerns, or inquiries about these Terms of Service, your rights and obligations thereunder, or any aspect of our services, please contact us using the information below:

We endeavor to respond to all inquiries within a reasonable time, typically within five (5) to ten (10) business days. For urgent matters related to food safety, please indicate the urgency in your subject line.