Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at churchchicks.digital (the "Site") or any services, products, or features offered by Church's Chicken ("Company," "we," "us," or "our"). By accessing or using our Site, placing an order, creating an account, or otherwise engaging with our services, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue use of the Site and our services.

1. Acceptance of Terms

By accessing, browsing, or using churchchicks.digital in any manner, you confirm that you are at least 18 years of age, or if you are between the ages of 13 and 17, that you have obtained verifiable parental or legal guardian consent to use this Site and agree to these Terms. Users under the age of 13 are strictly prohibited from using this Site, consistent with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501–6506.

Your continued use of the Site following the posting of any changes to these Terms constitutes your binding acceptance of those changes. These Terms constitute a legally enforceable contract between you and the Company under the laws of the United States and the applicable state laws governing this Agreement.

If you are accessing or using the Site on behalf of a business, organization, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, and all references to "you" shall refer to both you individually and that entity.

2. Description of Services

Church's Chicken operates churchchicks.digital as a digital platform providing users with access to a range of food-related services and information, including but not limited to:

• Online food ordering and delivery coordination for our menu items, including chicken, sides, beverages, and combo meals;
• Menu browsing, nutritional information, and allergen disclosures;
• Loyalty and rewards program enrollment and management;
• Promotional offers, coupons, and special deals;
• Catering inquiry and scheduling services;
• Location finder tools to identify nearby restaurant establishments;
• Customer account creation and profile management;
• Customer support and feedback submission channels;
• General brand and marketing communications.

We reserve the right to modify, expand, or discontinue any service or feature offered through the Site at any time, with or without prior notice, and without liability to you or any third party. The Company does not guarantee that any particular service or feature will remain available indefinitely.

Certain services may only be available in specific geographic regions within the United States. Product availability, pricing, and promotional offers may vary by location and are subject to change without notice. Menu items depicted on the Site are for illustrative purposes and may vary slightly from actual products served.

3. User Account Registration and Obligations

3.1 Account Creation

To access certain features of the Site, including online ordering and loyalty rewards, you may be required to create a user account. When creating an account, you agree to provide accurate, current, and complete information and to keep such information updated at all times. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account.

You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to protect your account credentials.

3.2 User Conduct and Obligations

As a condition of using the Site, you agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and all applicable consumer protection statutes. You further agree to use the Site solely for lawful purposes and in a manner consistent with these Terms.

3.3 Prohibited Activities

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

• Fraudulent Activity: Submitting false, misleading, or fraudulent orders, payment information, or personal details;
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, our servers, databases, or connected systems through hacking, password mining, or any other means;
• Data Scraping: Using automated bots, scrapers, spiders, crawlers, or other automated tools to extract data from the Site without express written permission;
• Malware Distribution: Uploading, transmitting, or distributing any viruses, malware, ransomware, trojan horses, or any other harmful or malicious code;
• Interference: Interfering with or disrupting the integrity, security, or performance of the Site or related infrastructure;
• Intellectual Property Infringement: Copying, reproducing, distributing, displaying, or creating derivative works of any content on the Site without express authorization;
• Impersonation: Impersonating the Company, its employees, agents, or any other person or entity;
• Harassment: Engaging in any harassing, abusive, defamatory, obscene, or otherwise objectionable conduct toward other users or Company representatives;
• Spam: Sending unsolicited commercial communications, bulk emails, or promotional material through or in connection with the Site;
• Resale of Services: Reselling, sublicensing, or commercially exploiting any part of the Site or its services without our prior written consent;
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software underlying the Site;
• Multiple Account Abuse: Creating multiple accounts for the purpose of abusing promotional offers, loyalty programs, or reward systems;
• Violation of Laws: Using the Site in any manner that violates applicable federal, state, or local laws or regulations.

Any violation of these prohibited activities may result in immediate termination of your account, referral to law enforcement authorities, and civil legal action seeking all available remedies.

4. Intellectual Property Rights

All content, materials, and information available on or through the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, menu designs, photographs, trademarks, service marks, trade dress, software, and the overall "look and feel" of the Site (collectively, "Intellectual Property"), are the exclusive property of Church's Chicken or its content suppliers and licensors, and are protected by applicable United States and international intellectual property laws, including the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable trade secret laws.

The Church's Chicken name, logo, and all related product names, design marks, and slogans are trademarks or registered trademarks of the Company. Nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the express written permission of the Company.

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial use of ordering food products and accessing information provided. This license does not include the right to:

• Modify or copy any materials on the Site;
• Use any data mining, robots, or similar data-gathering extraction tools;
• Download (other than through page caching) any portion of the Site;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site for commercial purposes.

Any unauthorized use of the Company's Intellectual Property will immediately terminate the limited license granted under these Terms and may subject you to civil and criminal liability under applicable law.

5. Payment Terms and Online Ordering

5.1 Pricing and Payment Methods

All prices displayed on the Site are in United States Dollars (USD) and are subject to applicable sales taxes, service fees, and delivery charges as required by federal, state, and local laws. We accept major credit cards, debit cards, and other payment methods as displayed at checkout. By submitting an order, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the total order amount to that payment method.

5.2 Order Confirmation and Acceptance

The placement of an order through the Site constitutes an offer to purchase. All orders are subject to acceptance by us, and we reserve the right to refuse or cancel any order at our sole discretion, including but not limited to cases where menu items are unavailable, there are errors in pricing or product descriptions, or we suspect fraudulent activity. An order is not confirmed until you receive an electronic confirmation email or in-app notification.

5.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you experience a quality issue or receive an incorrect order, you must contact our customer service team within 24 hours of receiving your order at [email protected]. Refunds, credits, or replacements are issued at our sole discretion and in compliance with applicable consumer protection laws. We are not responsible for delays or issues caused by third-party delivery services.

5.4 Promotional Offers and Coupons

Promotional codes, coupons, and special offers are subject to individual terms and conditions and may not be combined with other offers unless expressly stated. We reserve the right to modify, suspend, or terminate any promotional offer at any time without notice. Misuse of promotional codes, including but not limited to creating multiple accounts to exploit offers, will result in account termination and potential legal action.

6. Food Allergen and Nutritional Information

We make reasonable efforts to provide accurate allergen and nutritional information on our Site. However, our food products are prepared in facilities that handle common allergens including peanuts, tree nuts, wheat, soy, dairy, eggs, fish, and shellfish. Cross-contamination may occur. The nutritional information provided is based on standard recipes and may vary due to regional differences, ingredient substitutions, and serving sizes.

It is your responsibility to review allergen information carefully before placing an order. If you have severe food allergies or dietary restrictions, we strongly encourage you to contact the specific restaurant location directly before ordering. The Company shall not be liable for any allergic reactions or adverse health consequences resulting from consumption of our products.

7. Third-Party Links and Services

The Site may contain links to third-party websites, platforms, and services, including delivery partners, payment processors, and social media platforms. These third-party links are provided for your convenience only. The Company has no control over the content, privacy practices, or policies of third-party sites and expressly disclaims all responsibility and liability for them. Your access to and use of any third-party site is governed solely by that site's terms and privacy policy. We encourage you to review the terms and privacy policies of any third-party site you visit.

8. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, SERVICES, PRODUCTS, AND INFORMATION PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

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

Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above exclusions may not apply to you in their entirety. In such jurisdictions, implied warranties are limited to the maximum extent permitted by applicable law.

The Company does not warrant that defects, errors, or issues with the Site will be corrected, or that the Site or its servers are free of viruses or other harmful components. You assume all risk associated with your use of the Site and our services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL CHURCH'S CHICKEN, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR OUR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY OTHER MATTER RELATING TO THE SITE OR OUR SERVICES;

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

IN NO EVENT SHALL THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitation of liability set forth above is a fundamental element of the basis of the bargain between the Company and you, and the Company would not provide the Site or services without such limitations. Some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so the above limitations and exclusions may not apply to you to the extent prohibited by applicable law.

10. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Church's Chicken and its affiliates, subsidiaries, officers, directors, employees, agents, licensors, service providers, and successors (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of or access to the Site or any services offered through the Site;
• Your violation of these Terms or any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or proprietary rights;
• Any content or information you submit, post, or transmit through the Site;
• Your fraudulent, negligent, or willful misconduct;
• Any dispute between you and a third party arising from your use of our services.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with the Company's defense of such claims and not to settle any such claim without the Company's prior written consent.

11. Governing Law and Jurisdiction

These Terms 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 the Company maintains its principal place of business, without regard to any conflict of law principles that would require the application of the laws of another jurisdiction.

Subject to the dispute resolution provisions set forth in Section 12 below, you irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located within the United States for the resolution of any disputes arising out of or relating to these Terms or your use of the Site that are not subject to mandatory arbitration. You waive any objection to the laying of venue of any such proceeding in such courts and any claim that any such action has been brought in an inconvenient forum.

These Terms and your use of the Site are subject to compliance with all applicable United States federal laws, including without limitation the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.), and the CAN-SPAM Act (15 U.S.C. § 7701 et seq.).

If you are located in the State of California, you may have additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), California Civil Code § 1798.100 et seq., and other applicable California statutes. Please refer to our Privacy Policy for additional information regarding your California privacy rights.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. We will use commercially reasonable efforts to resolve any dispute within thirty (30) days of receiving your written notice describing the nature of the dispute and the relief sought.

12.2 Binding Arbitration

If a dispute cannot be resolved informally within thirty (30) days, you and the Company agree to resolve any and all disputes, claims, or controversies arising out of or relating to these Terms, the Site, or our services ("Disputes") through final, binding arbitration, rather than in court, except as set forth in Section 12.4 below. This agreement to arbitrate is made pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and shall be governed by the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules in effect at the time of the dispute, which are available at www.adr.org.

The arbitration shall be conducted by a single neutral arbitrator. Unless the parties agree otherwise, the arbitration shall be conducted in English and may be conducted by telephone, videoconference, or written submissions. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND THE COMPANY EACH EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE FOR ANY REASON, THE ENTIRE ARBITRATION AGREEMENT SHALL BE NULL AND VOID.

12.4 Exceptions to Arbitration

Notwithstanding the agreement to arbitrate, either party may seek emergency injunctive or other equitable relief in 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 without first engaging in arbitration or the informal dispute resolution process described above. Furthermore, any claims within the jurisdictional limit of a small claims court may be brought in such court rather than through arbitration.

12.5 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or maintain an account with the Company. The Company reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate your access to the Site and any related services, with or without notice, and with or without cause, including but not limited to:

• Violation of any provision of these Terms;
• Fraudulent, abusive, or illegal conduct;
• Requests from law enforcement or government authorities;
• Extended periods of account inactivity;
• Technical, security, or operational reasons;
• Discontinuation of our services or any portion thereof.

Upon termination, your right to use the Site will immediately cease, and you must discontinue all use of the Site and any of its content. You may also terminate your account at any time by contacting us at [email protected].

All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, intellectual property ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, dispute resolution provisions, and all general provisions of law.

14. Changes to These Terms

The Company reserves the right to modify, update, revise, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will provide notice by one or more of the following methods:

• Posting the updated Terms on the Site with a new "Last Updated" date;
• Sending an email notification to the address associated with your account;
• Displaying a prominent notice on the Site's homepage or upon login.

Your continued use of the Site following the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree to the modified Terms, you must immediately cease using the Site and, if applicable, deactivate your account. We encourage you to review these Terms periodically to stay informed of any changes. Changes shall be effective immediately upon posting unless otherwise specified.

15. Severability

If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unenforceable, or void under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect with maximum enforceability. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

In the event that any provision of these Terms is found to be unenforceable solely because it is excessively broad in scope, duration, geographic coverage, or subject matter, such provision shall be modified to the narrowest extent necessary to make it enforceable, rather than being voided in its entirety.

16. Entire Agreement and Waiver

These Terms, together with our Privacy Policy and any other legal notices, policies, or guidelines published on the Site, constitute the entire agreement between you and Church's Chicken with respect to your use of the Site and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, relating to the subject matter hereof.

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by the Company of any breach or default by you under these Terms shall be deemed a waiver of any subsequent breach or default, and shall not affect the other terms of this Agreement. A waiver shall only be effective if made in writing and signed by an authorized representative of the Company.

17. No Agency or Partnership

Nothing in these Terms shall be construed to create any agency, partnership, joint venture, employer-employee relationship, or franchisor-franchisee relationship between you and the Company. You have no authority to bind the Company in any way, and you shall not represent yourself as an agent, representative, or employee of the Company.

18. Force Majeure

The Company shall not be liable or responsible for any failure to perform or delay in the performance of its obligations under these Terms caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, wars, terrorism, strikes, labor disputes, supply chain disruptions, internet or telecommunications outages, power failures, or any other event beyond our reasonable control ("Force Majeure Event"). In such circumstances, the Company's obligations shall be suspended for the duration of the Force Majeure Event.

19. Electronic Communications and Consent

By using the Site and creating an account, you consent to receive electronic communications from the Company, including promotional emails, transactional confirmations, account notifications, and legally required notices. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of receiving promotional communications at any time by following the unsubscribe instructions contained in any such email or by contacting us directly.

Electronic communications from us are subject to our Privacy Policy. You are responsible for maintaining an updated and functional email address associated with your account. We are not responsible for undelivered electronic communications resulting from an inaccurate, outdated, or inactive email address.

20. Accessibility

Church's Chicken is committed to ensuring that the Site is accessible to individuals with disabilities in compliance with the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards to the extent reasonably practicable. If you experience difficulty accessing any portion of the Site due to a disability or have suggestions for improving accessibility, please contact us at [email protected] and we will work to address your needs.

21. Contact Information

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

We endeavor to respond to all written inquiries within five (5) business days. For urgent matters related to food safety or health concerns, please contact your local health authority in addition to reaching out to us.