Terms of Service

Please read these Terms of Service ("Terms," "Terms of Service," or "Agreement") carefully before using the website located at snobs-wing.rest (the "Website") or any products, services, or offerings made available by Wing Snob ("Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Wing Snob.

1. Acceptance of Terms

By accessing or using our Website, placing an order, creating an account, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of our Website and services.

These Terms apply to all visitors, registered users, customers, and any other persons who access or use the Website or services in any manner. Your continued use of the Website following any modification to these Terms shall constitute your acceptance of the revised Terms.

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 in such case, the terms "you" and "your" shall refer to that entity.

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. If you are under the age of 18, you may only use our services with the involvement and consent of a parent or legal guardian.

2. Description of Services

Wing Snob is a food service establishment that operates in the United States and provides the following products and services (collectively, the "Services"):

• Preparation and sale of food and beverage items, including but not limited to chicken wings, sauces, sides, and related menu offerings;
• Online ordering capabilities through the Website for pickup and/or delivery;
• Catering and special event food services, subject to availability and separate agreements;
• Loyalty programs, promotional offers, and digital coupons;
• Informational content about menu items, nutritional information, and company news;
• Customer account management features, including order history and preferences.

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 the Services.

Availability of menu items, delivery zones, and operating hours may vary and are subject to change without notice. We make no guarantee that any specific menu item, service, or feature will be available at any given time.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our 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 accept responsibility for all activities that occur under your account;
• Promptly notify us of any unauthorized use of your account or any other breach of security;
• Comply with all applicable federal, state, and local laws and regulations while using our Services;
• Use the Website and Services only for lawful purposes and in accordance with these Terms;
• Ensure that any information you provide does not violate the rights of any third party;
• Treat our staff and other users with courtesy and respect in all communications.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website or Services for any fraudulent, deceptive, or unlawful purpose;
• Attempt to gain unauthorized access to any portion of the Website, other user accounts, computer systems, or networks connected to our Services;
• Use automated tools, bots, scrapers, crawlers, or similar technologies to access, collect, or interact with our Website without our prior written consent;
• Transmit any viruses, malware, trojan horses, worms, or other harmful or malicious code through the Website;
• Engage in any activity that interferes with or disrupts the functioning of the Website, servers, or networks;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission;
• Post or transmit any content that is unlawful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Attempt to probe, scan, or test the vulnerability of the Website or any related system or network;
• Violate any applicable local, state, federal, or international law or regulation;
• Place fraudulent orders or provide false delivery or payment information;
• Engage in any form of price manipulation, abuse of promotional codes, or exploitation of system errors for unauthorized discounts;
• Harass, intimidate, or threaten any of our employees, contractors, or other users.

We reserve the right to investigate suspected violations of these Terms and, in our sole discretion, take appropriate action, including suspending or terminating your account, reporting violations to law enforcement, and pursuing all available legal remedies.

4. Intellectual Property Rights

All content, materials, and features available on or through the Website, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software, and the overall "look and feel" of the Website (collectively, "Content"), are the exclusive property of Wing Snob or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Wing Snob name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Wing Snob. You may not use any of these marks without our prior written permission. All other trademarks, service marks, and logos used on the Website are the property of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with our Services. This license does not include the right to:

• Modify, reproduce, distribute, publicly display, or create derivative works based on the Content;
• Use the Content for any commercial purpose or for any public display;
• Remove or alter any copyright, trademark, or other proprietary notices;
• Frame or mirror the Website on any other server or platform.

Any unauthorized use of our Content or intellectual property may violate copyright, trademark, and other laws, and could result in criminal or civil penalties. We actively monitor our intellectual property and will enforce our rights to the fullest extent permitted by law.

If you believe that any content on the Website infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

5.1 Pricing and Fees

All prices for menu items, services, and any associated fees (including delivery fees, service charges, and applicable taxes) are displayed on the Website or communicated at the time of ordering. Prices are listed in United States Dollars (USD) and are subject to change without prior notice. The price charged for any order will be the price in effect at the time the order is placed.

5.2 Payment Methods

We accept various forms of payment, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as indicated on the Website. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that such information is accurate and complete.

5.3 Order Authorization

When you place an order, you authorize us to charge your designated payment method for the total amount of your order, including applicable taxes and fees. We reserve the right to cancel any order if payment cannot be processed or if we suspect fraudulent activity.

5.4 Taxes

You are responsible for all applicable federal, state, and local taxes associated with your purchase. We will collect and remit sales tax as required by applicable law. The applicable tax rate will be determined based on the location where the order is fulfilled or delivered.

5.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience a problem with your order — such as receiving incorrect items, missing items, or food quality issues — please contact us at [email protected] within 24 hours of receiving your order. We will evaluate each situation on a case-by-case basis and may offer a refund, credit, or replacement at our sole discretion.

Order cancellations may be accepted before the order has been prepared. Once preparation has begun, cancellations cannot be accommodated and no refund will be issued.

5.6 Promotional Codes and Discounts

Promotional codes, coupons, and discounts are subject to their own specific terms and conditions, including expiration dates and eligibility requirements. Only one promotional code may be used per order unless otherwise specified. We reserve the right to modify or discontinue any promotional offer at any time.

6. Disclaimers

6.1 "As-Is" Basis

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WING SNOB EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Warranty of Accuracy

We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content, information, or materials provided on or through the Website. Menu descriptions, photographs, and nutritional information are provided for general informational purposes and may not always reflect the exact appearance, composition, or nutritional content of the actual product served.

6.3 Food Allergens

Our food products may contain or come into contact with common allergens, including but not limited to wheat, milk, eggs, peanuts, tree nuts, fish, shellfish, and soy. We cannot guarantee that any item is completely free of allergens due to the risk of cross-contamination in our kitchen environment. If you have a food allergy or dietary restriction, it is your responsibility to review ingredient information and consult with our staff before ordering. We disclaim all liability for adverse reactions resulting from undisclosed allergies or dietary conditions.

6.4 Third-Party Links and Services

The Website 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 websites or services. We encourage you to review the terms and privacy policies of any third-party services you use in connection with our Services.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL WING SNOB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of, or inability to use, the Website or Services;
• Any products or services purchased through the Website;
• Unauthorized access to or alteration of your transmissions or data;
• Statements or conduct of any third party on or in connection with the Services;
• Any other matter related to the Website or Services.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WING SNOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, WING SNOB'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO WING SNOB IN THE NINETY (90) DAYS 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 warranties or liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Wing Snob and its officers, directors, employees, agents, contractors, licensors, and suppliers 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 of or inability to use the Website or Services;
• Your violation of any applicable law, regulation, or the rights of any third party;
• Any content or materials you submit, post, or transmit through the Website;
• Your negligent or wrongful conduct;
• Any misrepresentation made by you.

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 shall cooperate with us in asserting any available defenses. You shall not settle any such claim or matter without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which Wing Snob is registered and operates, without regard to its conflict of law principles or provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the appropriate federal or state courts located in the state where Wing Snob maintains its principal place of business. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue of any such action in such courts.

These Terms are subject to all applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) regarding unfair or deceptive acts or practices in commerce, and all other applicable consumer protection regulations enforced by the Federal Trade Commission (FTC).

If Wing Snob operates in the State of California or serves California residents, certain additional rights may apply under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including rights to know, delete, correct, and opt out of the sale of personal information. Please refer to our Privacy Policy for details on your California privacy rights.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services by contacting Wing Snob directly at [email protected]. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute cannot be resolved informally within that period, either party may proceed with formal dispute resolution as described below.

10.2 Binding Arbitration

EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND WING SNOB AGREE TO RESOLVE ANY DISPUTE THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. By agreeing to these Terms, you and Wing Snob are each waiving the right to a trial by jury or to participate in a class action. This arbitration agreement shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

Arbitration shall be conducted by a neutral arbitrator in accordance with the then-current rules of a nationally recognized arbitration organization, such as the American Arbitration Association (AAA) or JAMS. The arbitration shall take place in the state where Wing Snob maintains its principal place of business, unless the parties mutually agree to a different location or agree to conduct the arbitration via telephone or videoconference.

The arbitrator shall have the authority to award any relief that would be available in court, subject to the limitations set forth in these Terms. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND WING SNOB AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a dispute, then the class action provision will not apply to those parts. Instead, those parts will be severed and proceed in a court of law.

10.4 Exceptions

Notwithstanding the arbitration agreement above, 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 intellectual property rights, confidential information, or other proprietary rights.

11. Term and Termination

These Terms of Service are effective from the moment you first access or use the Website or Services and shall remain in full force and effect for as long as you continue to use our Services, unless earlier terminated in accordance with this section.

You may terminate your account and your agreement to these Terms at any time by discontinuing your use of the Website and notifying us at [email protected] to request account deletion.

We reserve the right, in our sole and absolute discretion, to suspend or terminate your access to the Website and Services, with or without notice, for any reason, including but not limited to:

• Your breach or violation of any provision of these Terms;
• Your engagement in any fraudulent, abusive, or illegal activity;
• Requests from law enforcement or other governmental authorities;
• Technical, security, or operational reasons;
• Extended periods of account inactivity;
• Discontinuation or substantial modification of the Services.

Upon termination of your account or access for any reason, your right to use the Services will immediately cease, and we may delete your account information and data. We are under no obligation to maintain or forward any account information, content, or data following termination.

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

12. Changes to These Terms

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make 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 Website.

Changes to these Terms shall be effective immediately upon posting unless otherwise stated. Your continued use of the Website or Services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to regularly review these Terms to stay informed of any updates.

If you do not agree to the revised Terms, you must immediately cease using the Website and Services and, if you have an account, request its deletion by contacting us at [email protected].

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 for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, it shall be severed and deleted from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected or impaired by the invalidity or unenforceability of any individual provision.

The failure of Wing Snob to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any term shall be considered a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements published by us on the Website, constitute the entire agreement between you and Wing Snob with respect to your use of the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the same subject matter.

If there is any conflict between these Terms and any other agreement you may have with us, these Terms shall govern unless the other agreement specifically states otherwise and is signed by an authorized representative of Wing Snob.

15. Miscellaneous Provisions

15.1 Force Majeure

Wing Snob shall not be liable for any delay or failure to perform any obligation under these Terms where such delay or failure results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, governmental actions, power outages, internet service disruptions, supplier failures, or labor disputes.

15.2 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any attempted assignment in violation of this provision shall be null and void.

15.3 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between you and Wing Snob. You and Wing Snob are independent contracting parties.

15.4 No Third-Party Beneficiaries

These Terms are for the sole and exclusive benefit of the parties hereto and are not intended to benefit, and may not be relied upon by, any third party. Nothing in these Terms shall create or be deemed to create any rights in any third parties.

15.5 Electronic Communications

By using our Website or Services, you consent to receiving electronic communications from us, including emails, text messages, and notices posted on the Website. These electronic communications shall satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time by following the unsubscribe instructions in any email or by contacting us directly.

15.6 Headings

The section headings used in these Terms are for convenience of reference only and shall not affect the interpretation or construction of any provision of these Terms.

16. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact us for any reason related to your use of our Website or Services, please reach out to us using the information below:

We strive to respond to all inquiries in a timely manner. For urgent matters related to food safety or allergic reactions, please contact us immediately by email at [email protected] or seek appropriate medical assistance if necessary.