Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at fresh-chopt.rest (the "Site") or any services offered by Chopt ("Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between you and Chopt governing your access to and use of our website, online ordering platform, and related food services.

1. Acceptance of Terms

By accessing or using our Site, placing an order, creating an account, or otherwise engaging with any of our services, 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. If you do not agree with any part of these Terms, you must immediately discontinue your use of the Site and our services.

These Terms apply to all visitors, users, customers, and any other individuals who access or use the Site or services. Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes.

You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into this Agreement. If you are accessing or using our services on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, and references to "you" shall include such entity.

These Terms are governed by the laws of the United States and applicable state law. Any use of our services is subject to compliance with all applicable federal, state, and local laws and regulations.

2. Description of Services

Chopt operates as a food service business dedicated to providing customers with fresh, high-quality food products and dining experiences. Through our Site and online platforms, we offer the following services:

2.1 Online Ordering

We provide an online ordering platform through which customers may browse our menu, customize their food orders, and arrange for pickup or delivery of prepared food items. Our menu offerings may include salads, grain bowls, wraps, sandwiches, fresh toppings, dressings, beverages, and other seasonal or specialty items.

2.2 Menu and Product Information

We strive to provide accurate descriptions, pricing, nutritional information, and allergen disclosures for all menu items available on our Site. However, menu items, ingredients, and availability are subject to change without prior notice. Customers with food allergies, dietary restrictions, or specific nutritional requirements are strongly encouraged to contact us directly prior to placing an order.

2.3 Account Registration

Certain features of our Site may require you to create a user account. By registering, you agree to provide accurate, current, and complete information and to maintain and promptly update that information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

2.4 Loyalty and Promotional Programs

We may offer loyalty programs, discount codes, promotional offers, or other incentive programs. Participation in any such program is subject to these Terms and any additional terms and conditions specific to such program. We reserve the right to modify, suspend, or terminate any loyalty or promotional program at our sole discretion.

2.5 Catering and Group Orders

We may offer catering services or group ordering options for corporate clients, events, and other gatherings. Catering orders may be subject to additional terms, minimum order requirements, advance notice requirements, and separate pricing structures. Contact us directly for catering inquiries.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

As a condition of your use of our Site and services, you agree to:

• Provide accurate, truthful, and complete information when creating an account, placing orders, or interacting with our services;
• Use the Site and services solely for lawful purposes and in accordance with these Terms;
• Maintain the security of your login credentials and immediately notify us of any unauthorized use of your account;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your use of our services;
• Honor all payment obligations for orders placed through the Site;
• Review and understand any allergen or nutritional information provided prior to placing an order; and
• Treat our staff, delivery personnel, and other users with respect and professionalism.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of the above prohibitions, including without limitation reporting such conduct to law enforcement authorities and terminating the violator's access to our services.

4. Intellectual Property Rights

4.1 Ownership

The Site and all of its content, features, and functionality — including but not limited to text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software, menu designs, brand elements, and the compilation thereof — are the exclusive property of Chopt and its licensors and are protected by United States copyright law, trademark law, trade secret law, and other applicable intellectual property laws and international conventions.

4.2 Limited License

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

• Resell or commercially exploit the Site or its content;
• Download or copy account information for the benefit of any third party;
• Use any data mining, robots, or similar data gathering and extraction tools;
• Reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Site without express written permission from us.

4.3 Trademarks

The Chopt name, logo, taglines, and all related product and service names, design marks, and slogans are trademarks or service marks of Chopt. You may not use any of our trademarks without our prior written consent. Nothing in these Terms grants you any right to use any of our trademarks or service marks.

4.4 User-Generated Content

If you submit reviews, feedback, photographs, comments, or other content to us through our Site or social media platforms ("User Content"), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable 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 grant this license and that your User Content does not infringe any third-party rights.

5. Payment Terms

5.1 Pricing

All prices displayed on our Site are listed in United States dollars (USD) and are subject to change without notice. Prices do not include applicable sales tax, service fees, or delivery charges, which will be calculated and displayed at checkout prior to order confirmation.

5.2 Payment Methods

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

5.3 Order Confirmation

Your order is not confirmed until you receive an electronic order confirmation from us. We reserve the right to cancel or refuse any order for any reason, including but not limited to product availability, errors in pricing or product descriptions, or suspected fraudulent activity. In the event of a cancellation, we will issue a full refund to your original payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of our food products, all sales are generally final once an order has been prepared. If you have concerns about the quality or accuracy of your order, please contact us promptly at [email protected]. We will evaluate each situation individually and, at our sole discretion, may offer a replacement, store credit, or refund where appropriate.

5.5 Taxes

You are responsible for all applicable sales taxes, use taxes, and other government-imposed fees and charges associated with your purchases. We will collect applicable sales taxes based on the location of the transaction as required by applicable law.

6. Disclaimers and As-Is Basis

YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SITE 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 — we do not warrant that our products or services will meet your specific requirements or expectations;
• Implied warranties of fitness for a particular purpose — we do not warrant that our products or services are suitable for any specific use case;
• Warranties of title or non-infringement — we do not warrant that the Site or its content is free from infringement of third-party rights;
• Warranties of accuracy or completeness — we do not warrant that the information on our Site, including menu descriptions, nutritional information, or allergen data, is always accurate, complete, or current;
• Warranties of uninterrupted access — we do not warrant that the Site will be available, uninterrupted, timely, secure, or error-free at all times.

We do not warrant that the results obtained from the use of our services will be accurate or reliable, or that any defects in the Site will be corrected. No oral or written information or advice given by Chopt or its authorized representatives shall create a warranty.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF CONSUMERS, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL CHOPT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, exemplary, or punitive damages;
• Loss of profits, revenue, data, goodwill, or business opportunities;
• Personal injury or property damage arising from your access to or use of our services;
• Unauthorized access to or alteration of your transmissions or data;
• Any third-party conduct or content on the Site;
• Any food allergic reactions or adverse health effects resulting from consumption of our products where you failed to disclose relevant dietary restrictions or where such risks were clearly disclosed;
• Any errors or omissions in content, or any loss or damage of any kind incurred as a result of use of any content made available via the Site.

THESE LIMITATIONS APPLY WHETHER SUCH LIABILITY ARISES UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF CHOPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

TO THE EXTENT OUR LIABILITY IS NOT EXCLUDED BY THE ABOVE, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00); OR (B) THE TOTAL AMOUNT PAID BY YOU TO CHOPT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

8. Indemnification

You agree to defend, indemnify, and hold harmless Chopt, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, licensors, service providers, subcontractors, and successors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to reasonable attorneys' fees) arising from or related to:

• Your access to or use of the Site or our services;
• Your violation of any provision of these Terms;
• Your violation of any third-party rights, including without limitation any intellectual property rights, privacy rights, or publicity rights;
• Your violation of any applicable law, rule, or regulation, including food safety, consumer protection, or other applicable laws;
• Any User Content you submit, post, or transmit through our Site;
• Your negligent or wrongful conduct; or
• Any misrepresentation made by you in connection with your use of our 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 such case, you agree to cooperate with our defense of any such claim. You shall not settle any such claim or matter without our prior written consent. This indemnification obligation will survive the termination or expiration of these Terms and your use of our services.

9. Food Safety and Allergen Notice

Our food products are prepared in facilities that may handle common allergens, including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, fish, shellfish, and sesame. While we take reasonable precautions to prevent cross-contamination, we cannot guarantee that any menu item is completely free of any particular allergen.

Customers with known food allergies, sensitivities, or dietary restrictions are strongly encouraged to:

• Review all available allergen and ingredient information before ordering;
• Contact us directly at [email protected] with specific questions prior to placing an order;
• Consult with a medical professional regarding any dietary concerns.

BY ORDERING FROM US, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AVAILABLE ALLERGEN INFORMATION AND ASSUME ALL RISK ASSOCIATED WITH YOUR CONSUMPTION OF OUR PRODUCTS, INCLUDING ANY RISK RELATED TO FOOD ALLERGIES OR DIETARY SENSITIVITIES.

10. Third-Party Links and Services

Our Site may contain links to third-party websites, applications, or services, including but not limited to third-party delivery platforms, payment processors, and social media platforms. These links are provided for your convenience only. We do not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services.

We strongly advise you to review the terms of service and privacy policies of any third-party sites you visit. Your interactions with third-party platforms are governed solely by their respective terms and policies, and we disclaim all liability arising from such interactions.

11. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms, the Site, or our services shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to conflict of law principles that would result in the application of the laws of any other jurisdiction.

To the extent that any dispute is not subject to mandatory arbitration as described below, you consent to the exclusive personal jurisdiction of the state and federal courts located in the United States for the resolution of any legal proceeding arising out of or relating to these Terms or your use of our services.

Our services are subject to applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in or affecting commerce. If our services are accessed from California, additional rights may apply to you under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as referenced in our Privacy Policy.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, our services, or your relationship with Chopt, we encourage you to first contact us directly at [email protected] to attempt informal resolution. We will make good faith efforts to resolve any disputes informally within thirty (30) calendar days of receiving written notice of the dispute.

12.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or our services — including the determination of the scope or applicability of this agreement to arbitrate — shall be determined by binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA), applying the Commercial Arbitration Rules or the Consumer Arbitration Rules as applicable. Arbitration shall take place in the United States.

The arbitrator shall have authority to award any relief that would be available in a court of law. The arbitrator's decision shall be final and binding, and judgment on the arbitration award may be entered in any court of competent jurisdiction. The parties agree that the arbitration shall be confidential.

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 PROCEEDING. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

12.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or to prevent irreparable harm pending the conclusion of any arbitration. Claims arising under applicable small claims court jurisdiction may also be brought in such court.

13. Term and Termination

13.1 Term

These Terms shall remain in full force and effect while you use the Site or any of our services. They constitute the ongoing agreement between you and Chopt for as long as you continue to access or use our Site or services.

13.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Site and services, at our sole discretion, at any time and without prior notice, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Fraudulent, abusive, or otherwise objectionable behavior;
• Suspected illegal activity;
• Failure to pay amounts owed for orders placed; or
• Requests from law enforcement or other government authorities.

13.3 Termination by You

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations or liability incurred prior to termination, including payment for orders already placed.

13.4 Effect of Termination

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 without limitation ownership and intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

14. Changes to These Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or by posting a prominent notice on the Site.

Your continued use of the Site or services following the posting of revised Terms constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically to stay informed of any changes. If you do not agree to the revised Terms, you must discontinue your use of our Site and services.

We will not make changes to these Terms that retroactively diminish your rights without providing you with reasonable advance notice and, where required by applicable law, obtaining your consent.

15. Severability

If any provision, clause, or part of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

In the event that a provision cannot be modified to make it valid and enforceable, it shall be severed from these Terms, and the balance of these Terms shall remain in full force and effect as if such invalid provision had never been included. The parties intend for these Terms to be enforced to the fullest extent permitted by applicable law.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or additional terms and conditions published by us on the Site, constitute the entire agreement between you and Chopt regarding your use of the Site and services. These Terms supersede all prior or contemporaneous communications, proposals, representations, and agreements, whether oral or written, between you and Chopt with respect to the subject matter hereof.

No waiver of any provision of these Terms by Chopt shall be deemed a further or continuing waiver of such provision or any other provision. Chopt's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

17. Assignment

You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Any purported assignment in violation of this section shall be null and void. We reserve the right to assign or transfer these Terms or any of our rights or obligations hereunder to any affiliate, successor, or acquirer of all or substantially all of our business or assets, without restriction and without notice to you, provided that such assignment does not materially diminish your rights under these Terms.

18. Electronic Communications

By using our Site and services and providing your email address, you consent to receiving electronic communications from us, including transaction confirmations, order updates, account-related notices, and, where you have opted in, promotional materials. 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.

You may opt out of promotional communications at any time by following the unsubscribe instructions contained in any promotional email or by contacting us directly. Please note that even if you opt out of promotional communications, we may still send you transactional or service-related messages necessary for the operation of your account and our services.

19. Force Majeure

Chopt shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or public health emergencies, government actions, war, terrorism, civil unrest, strikes or labor disputes, supply chain disruptions, power outages, internet or telecommunications failures, or any other event of force majeure.

In the event of any such force majeure event, we will use commercially reasonable efforts to resume performance as soon as practicable and will notify you of the nature and expected duration of the disruption where feasible.

20. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights, or our services, please do not hesitate to contact us using the information below. We are committed to addressing your concerns in a timely and professional manner.