Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at food-chuys.click (the "Website") or any services offered by Chuy's ("Company," "we," "us," or "our"). These Terms govern your access to and use of our Website, online ordering platform, and related food services.

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 and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease all use of our Website and services.

1. Acceptance of Terms

By accessing or using the Website at food-chuys.click, you represent and warrant that:

• You are at least eighteen (18) years of age or have obtained parental or guardian consent to use this Website;
• You have the legal authority and capacity to enter into a binding agreement;
• You will use the Website and our services in compliance with all applicable federal, state, and local laws and regulations of the United States;
• All information you provide to us is accurate, current, and complete;
• You agree to update your information as necessary to maintain its accuracy.

Your continued use of our Website following any modification to these Terms constitutes your acceptance of the revised Terms. We reserve the right to update, amend, or replace any part of these Terms at any time, and such changes shall become effective immediately upon posting unless otherwise stated.

2. Description of Services

Chuy's operates as a food service business offering customers the ability to browse menus, place food orders, schedule deliveries or pickups, and engage with promotional content through our Website at food-chuys.click. Our services may include, but are not limited to:

• Online Menu Access: Browsing our current food and beverage menu, including pricing, nutritional information, and available customizations;
• Online Ordering: Placing food orders for delivery, curbside pickup, or in-store pickup through our Website or affiliated third-party platforms;
• Account Management: Creating and managing a user account to track order history, save preferences, and access loyalty rewards (if applicable);
• Promotions and Special Offers: Accessing time-limited discounts, promotional codes, loyalty rewards, and seasonal menu items;
• Customer Support: Contacting our support team via email at [email protected] for assistance with orders, refunds, or general inquiries;
• Informational Content: Accessing blog posts, nutritional guides, allergen information, and other educational food-related content published on the Website.

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any part 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 menu items, pricing, and service options may vary by location and time. We do not guarantee the continuous or uninterrupted availability of any service. Our services are intended solely for personal, non-commercial use unless otherwise expressly agreed to in writing.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when registering for an account or placing an order;
• Maintain the confidentiality of your account credentials and immediately notify us of any unauthorized access or use of your account;
• Use our Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, including but not limited to the Federal Trade Commission Act (FTC Act), applicable food safety regulations, and consumer protection statutes;
• Respect the intellectual property rights of Chuy's and third parties;
• Promptly pay for all orders placed through our platform in accordance with the payment terms described herein.

3.2 Prohibited Activities

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

• Fraudulent Conduct: Submitting false, misleading, or fraudulent orders, payment information, or account details;
• Unauthorized Access: Attempting to gain unauthorized access to any portion of our Website, servers, databases, or connected systems;
• Interference: Using any automated bots, scrapers, crawlers, or other software to access, extract, or interfere with the operation of our Website without our express written consent;
• Harmful Code: Uploading, transmitting, or distributing viruses, malware, ransomware, or any other harmful or destructive code;
• Harassment: Engaging in harassing, abusive, threatening, or otherwise objectionable conduct toward our employees, other users, or third parties;
• Impersonation: Impersonating any person or entity, including any employee, representative, or affiliate of Chuy's;
• Resale: Reselling, redistributing, or commercially exploiting our services or any content obtained through our Website without prior written authorization;
• Intellectual Property Infringement: Copying, reproducing, republishing, or distributing any content from our Website without our express written permission;
• Illegal Activities: Using our services in furtherance of any illegal activity or in violation of any applicable federal, state, or local law or regulation;
• Data Mining: Collecting personal information of other users or third parties from our Website for any unauthorized purpose;
• Circumvention: Attempting to circumvent, disable, or interfere with any security or access controls implemented on our Website.

Violation of any of the above prohibitions may result in the immediate suspension or termination of your account and access to our services, and may subject you to civil and/or criminal liability under applicable law.

4. Intellectual Property Rights

All content, materials, and intellectual property available on or through our Website, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, video content, data compilations, software code, menu designs, and the overall "look and feel" of the Website, are the exclusive property of Chuy's or its licensors and are protected under applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act, and applicable trademark laws.

4.1 Trademarks

The name "Chuy's," our logo, and all related brand identifiers, product names, slogans, and service marks are trademarks or registered trademarks of Chuy's. You may not use, copy, reproduce, modify, adapt, translate, publicly display, or distribute any of our trademarks without our express prior written consent. Nothing in these Terms grants you any right or license to use our trademarks.

4.2 Limited License to Users

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

• Modify or create derivative works based on our Website or its content;
• Use our Website for any commercial purpose or for any public display, whether commercial or non-commercial;
• Remove or alter any proprietary notices or labels on our content;
• Use any data mining, robots, or similar automated data collection tools on our Website.

4.3 User-Generated Content

If you submit reviews, comments, feedback, photographs, or any other content to our Website or affiliated social media platforms ("User Content"), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, 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 Website are in United States Dollars (USD) and are subject to change without notice. Prices may vary based on your location, applicable taxes, and any applicable delivery fees. We make every effort to ensure pricing accuracy, but we reserve the right to correct any errors in pricing, descriptions, or availability at any time.

5.2 Payment Methods

We accept various payment methods as displayed at checkout, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, digital wallets, and other electronic payment methods. By providing your payment information, you represent that you are authorized to use the designated payment method and authorize us to charge the full amount of your order, including applicable taxes and fees.

5.3 Order Confirmation

Submission of an order through our Website constitutes an offer to purchase. We reserve the right to accept or decline any order at our sole discretion. An order is confirmed only upon our issuance of an order confirmation email or notification. We are not responsible for errors in orders caused by inaccurate information provided by you.

5.4 Refunds and Cancellations

Refund and cancellation policies for food orders are subject to our separate Refund Policy, which is incorporated herein by reference. Due to the perishable nature of food items, refunds or replacements are handled on a case-by-case basis. If you have concerns about an order, please contact us at [email protected] within a reasonable time following delivery or pickup.

5.5 Taxes

You are responsible for all applicable sales taxes, use taxes, or other taxes imposed on your purchases as required by applicable federal, state, and local law. Applicable taxes will be calculated and displayed at checkout prior to final order submission.

6. Disclaimers

6.1 "As-Is" Basis

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. OUR WEBSITE AND ALL SERVICES 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, CHUY'S 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, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, INFORMATION, OR MATERIALS ON THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

6.2 Food and Allergen Disclaimer

While we make every reasonable effort to provide accurate ingredient and allergen information, we cannot guarantee that our food items are free from any specific allergen. Menu items may be prepared in facilities or on equipment that also handles common allergens, including but not limited to peanuts, tree nuts, gluten, dairy, eggs, soy, fish, and shellfish. If you have a food allergy or dietary restriction, please contact us directly at [email protected] before placing an order. You assume all risk associated with food allergies or dietary sensitivities.

6.3 Third-Party Services

Our Website may contain links to third-party websites, delivery platforms, or services that are not owned or controlled by Chuy's. 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 platforms you use in connection with our services.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND APPLICABLE STATE CONSUMER PROTECTION LAWS, IN NO EVENT SHALL CHUY'S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES RESULTING FROM ANY FOOD QUALITY ISSUES, DELIVERY DELAYS, OR ORDER ERRORS BEYOND OUR REASONABLE CONTROL;
• ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR SERVICES;

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

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL OTHER CASES, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE THIRTY (30) DAYS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

8. Indemnification

You agree to defend, indemnify, and hold harmless Chuy's and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of our Website or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Any User Content you submit, post, transmit, or otherwise make available through our Website;
• Your infringement of any intellectual property or other rights of any third party;
• Your fraudulent, negligent, or willful misconduct;
• Any dispute arising between you and any other user of our services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. 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 related to these Terms or your use of our Website or services 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 our business operates, without regard to any conflict of law principles that would cause the laws of any other jurisdiction to apply.

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

We make no representation that our Website or services are appropriate or available for use outside the United States. If you access our Website from outside the United States, you do so at your own risk and are responsible for compliance with all applicable local laws.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services informally by contacting us at [email protected] and providing a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice.

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, shall be resolved by binding arbitration administered by a recognized arbitration organization (such as the American Arbitration Association or JAMS) in accordance with its applicable commercial arbitration rules. The arbitration shall be conducted in the English language in the United States.

The arbitrator shall have authority to award any remedy or relief that a court of competent jurisdiction could award, including injunctive and declaratory relief, provided that the arbitrator shall not have authority to award punitive or exemplary damages except to the extent permitted by statute.

10.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH PROCEEDINGS SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS.

10.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights. Either party may also bring small claims court actions within the applicable jurisdictional limits.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you access or use our Website or services. Certain provisions of these Terms, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, and dispute resolution, shall survive any termination or expiration of these Terms.

11.2 Termination by Us

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

• Violation of any provision of these Terms;
• Fraudulent, abusive, or harmful conduct;
• Failure to pay for services or chargebacks;
• Any activity that may expose us or other users to legal liability;
• Prolonged inactivity of your account.

11.3 Termination by You

You may terminate your account and cease using our services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for completed orders.

11.4 Effect of Termination

Upon termination, all rights and licenses granted to you under these Terms shall immediately cease. We may retain certain information as required by applicable law or for legitimate business purposes, in accordance with our Privacy Policy.

12. Changes to Terms

We reserve the right to modify, amend, or update 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 and, where appropriate, provide additional notice such as a prominent notice on our Website or notification to your registered email address.

Your continued access to or use of our Website or services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must discontinue your use of our Website and services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. Material changes to these Terms will be communicated with reasonable notice wherever practicable.

13. Privacy and Data Protection

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, disclose, and protect your personal information.

To the extent that your use of our services involves the collection of personal information, we comply with applicable United States federal and state privacy laws, including:

• The Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices, including those related to the collection and use of consumer data;
• The California Consumer Privacy Act (CCPA) and its amendment, the California Privacy Rights Act (CPRA), to the extent applicable to California residents;
• Other applicable state and federal privacy laws as they may be enacted or amended from time to time.

By using our Website and services, you consent to the collection and use of your information as described in our Privacy Policy.

14. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or through binding arbitration, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.

The parties acknowledge that they would have entered into these Terms even without any provision that may be held invalid or unenforceable, and that it is their intention that the remaining provisions continue to be fully binding and effective.

15. Additional Provisions

15.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published on our Website, constitute the entire agreement between you and Chuy's with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, communications, representations, and understandings, whether oral or written, relating to such subject matter.

15.2 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if made in writing and signed by an authorized representative of Chuy's.

15.3 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or operation of law.

15.4 Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms arising out of or caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, power outages, internet service disruptions, or supply chain disruptions. In such events, our obligations shall be suspended for the duration of the force majeure event.

15.5 Notices

All notices, requests, demands, or other communications to Chuy's under these Terms shall be in writing and delivered to us via email at [email protected]. Notices to you may be delivered via the email address associated with your account or by posting a notice on our Website. Notices shall be deemed effective upon delivery.

15.6 Headings

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

16. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, our services, or your rights as a user, please contact us using the information below:

We will make every effort to respond to your inquiries within a reasonable timeframe. For urgent matters related to food safety or order issues, please contact us directly via email for the fastest resolution.