Terms of Service

Please read these Terms of Service carefully before using the website located at chopt-newhot.click (the "Website") or any services offered by Chopt ("Company," "we," "us," or "our"). By accessing or using our Website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations.

1. Acceptance of Terms

By accessing, browsing, or using the Website at chopt-newhot.click, placing an order, creating an account, or otherwise engaging with any of our services, you ("User," "you," or "your") agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Website or to products and services available through the Website.

If you do not agree to these Terms, you must immediately cease using the Website and our services. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes.

These Terms constitute a legally binding agreement between you and Chopt, a food service business operating in the United States. These Terms are governed by applicable federal law, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), and applicable state laws of the United States.

You represent and warrant that you are at least eighteen (18) years of age, have the legal capacity to enter into these Terms, and are not prohibited from doing so under any applicable law. If you are using our Website or services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such entity to these Terms.

2. Description of Services

Chopt is a food service business that provides customers with access to food ordering, menu browsing, nutritional information, and related culinary services through the Website located at chopt-newhot.click. Our services include, but are not limited to:

• Online ordering of food items including salads, grain bowls, wraps, soups, and other fresh food offerings;
• Customization of menu items to accommodate dietary preferences and restrictions;
• Display of nutritional and allergen information associated with menu items;
• Account creation and management for registered users;
• Loyalty programs, promotions, and special offers as made available from time to time;
• Delivery and pickup scheduling services where available;
• Customer support and communication services;
• Gift card purchasing and redemption, where offered;
• Catering inquiries and orders for groups and events.

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

Availability of specific menu items, services, features, or promotions may vary by location, date, or other factors. We make no guarantee that any particular item or service will be available at any given time or location.

3. User Accounts and Registration

Certain features of our Website and services may require you to create a user account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your account password and restrict access to your account;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account at our sole discretion, including if we reasonably believe that you have violated these Terms or applicable law. We shall not be liable to you or any third party for any termination of your account.

You may not create multiple accounts for the purpose of abusing promotions, circumventing bans or restrictions, or for any other fraudulent purpose. Each individual user is permitted one (1) personal account unless otherwise authorized by us in writing.

4. User Obligations and Prohibited Activities

As a condition of your use of the Website and our services, you agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation, including but not limited to laws regarding the export of data or software to or from the United States;
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm Chopt or users of the Website;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• To impersonate or attempt to impersonate Chopt, a Chopt employee, another user, or any other person or entity;
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website;
• To use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission;
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
• To attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
• To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• To collect or harvest any personally identifiable information from the Website without authorization;
• To place fraudulent orders, use stolen payment information, or engage in any form of financial fraud;
• To submit false or misleading reviews, ratings, or feedback;
• To circumvent, disable, or otherwise interfere with security-related features of the Website;
• To reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or service without our express written permission.

Any violation of these prohibited activities may result in the immediate termination of your access to our Website and services, and may be referred to appropriate law enforcement authorities where warranted. We reserve the right to cooperate fully with law enforcement investigations of any such violations.

5. Intellectual Property Rights

The Website and its entire contents, features, and functionality — including but not limited to all information, software, text, displays, images, video, audio, recipes, menu content, design, graphics, and the selection and arrangement thereof — are owned by Chopt, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All trademarks, service marks, logos, trade names, and any other proprietary designations of Chopt used herein are the trademarks or registered trademarks of Chopt. Any other trademarks, service marks, logos, trade names, or other proprietary designations are the trademarks or registered trademarks of their respective parties.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; You may store files that are automatically cached by your Web browser for display enhancement purposes;
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website;
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
• Access or use for any commercial purposes any part of the Website or any services or materials available through the Website without our prior written consent.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Chopt.

6. Payment Terms

When you place an order through our Website, you agree to pay all charges associated with your order, including the price of the food items, applicable taxes, delivery fees, service fees, and any gratuity where indicated. All prices are displayed in United States Dollars (USD).

By providing payment information, you represent and warrant that:

• You are authorized to use the payment method you provide;
• The payment information you provide is accurate and complete;
• You will promptly update your payment information to keep it accurate and complete;
• Charges incurred by you will be honored by your financial institution.

We use third-party payment processors to handle payment transactions. By submitting your payment information, you authorize us to share your information with our payment processors for the purpose of completing your transaction. We do not store full credit card numbers on our servers.

All sales of food items are final. Refunds or cancellations may be considered on a case-by-case basis in accordance with our refund policy, which is incorporated herein by reference. If you believe there has been an error in billing, please contact us promptly at [email protected].

We reserve the right to change our prices at any time without prior notice. Prices displayed at the time you place an order will be honored for that specific transaction. Promotional pricing is subject to expiration and availability, as specified in each promotion's terms.

You are responsible for any applicable sales tax, use tax, or similar tax imposed by any governmental authority on transactions made through our Website. Where required by law, we will collect and remit applicable taxes on your behalf.

7. Allergen and Nutritional Information

We make reasonable efforts to provide accurate allergen and nutritional information for our menu items. However, our food is prepared in kitchens that handle common allergens including, but not limited to, peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish. Cross-contamination is possible and we cannot guarantee that any menu item is completely free of any allergen.

If you have severe food allergies or dietary restrictions, we strongly encourage you to speak directly with our staff before placing an order and to consult with your healthcare provider regarding the suitability of our food products for your specific dietary needs. By placing an order, you acknowledge and accept the inherent risks associated with food preparation in a shared kitchen environment.

8. Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHOPT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED;
• WARRANTIES THAT THE WEBSITE OR SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION PROVIDED ON THE WEBSITE.

Some jurisdictions do not allow the exclusion of certain warranties. If such laws apply to you, some of the above exclusions may not apply, and you may have additional rights.

We make no warranty or representation that the Website or services will meet your requirements, that operation of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHOPT, ITS AFFILIATES, 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, REVENUE, SAVINGS, OR DATA;
• LOSS OF BUSINESS OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• ANY DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES;
• ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY ON THE WEBSITE;

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

IN NO EVENT SHALL CHOPT'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO CHOPT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless Chopt, its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns from and against any 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;
• Your use of the Website or services in a manner not authorized by these Terms;
• Your violation of any applicable federal, state, local, or international law or regulation;
• Your violation of the rights of any third party, including but not limited to intellectual property rights, privacy rights, or contractual rights;
• Any content you submit, post, or transmit through the Website;
• Your negligence or willful misconduct;
• Any transaction or dealing you have with third parties connected to our services.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You agree not to settle any such claim without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Chopt. These links are provided for your convenience and reference only. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services.

We do not warrant the offerings of any such third parties, and we strongly encourage you to read the terms of service and privacy policies of any third-party websites or services that you visit or use. Your access to and use of third-party websites and services is at your own risk.

Our Website may integrate with third-party delivery platforms, mapping services, payment processors, and social media platforms. These integrations are subject to the terms and privacy policies of those third parties, and we are not responsible for any issues arising from your use of such third-party services.

12. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms, you acknowledge that you have read and understand our Privacy Policy. Our Privacy Policy describes how we collect, use, share, and protect your personal information in accordance with applicable United States federal and state privacy laws, including the California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA) to the extent applicable, and the Federal Trade Commission Act.

Please review our Privacy Policy carefully. If you do not agree with our Privacy Policy, please discontinue use of our Website and services.

13. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the jurisdiction in which Chopt's principal place of business is located, without regard to any conflict of law principles that would cause the application of the laws of any other jurisdiction.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the federal or state courts located in the United States, and you hereby irrevocably consent to the personal jurisdiction of such courts for that purpose.

The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other applicable federal consumer protection statutes shall apply to the extent relevant. Nothing in these Terms shall limit any rights you may have under applicable federal or state consumer protection laws.

14. Dispute Resolution

14.1 Informal Resolution

We encourage you to contact us first to resolve any dispute informally before initiating any formal legal proceeding. Please send a written description of your complaint or dispute to us at [email protected], and we will attempt to resolve the issue within thirty (30) days of receipt of your notice. Both parties agree to negotiate in good faith to attempt to resolve the dispute informally before pursuing any other remedies.

14.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in the United States. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or JAMS, as mutually agreed upon, and shall take place in the United States.

Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall apply applicable United States law and the laws of the relevant state, and shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant.

14.3 Class Action Waiver

YOU AND CHOPT EACH AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR CHOPT WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

14.4 Exceptions to Arbitration

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 a party's intellectual property rights, confidential information, or other proprietary rights. Either party may also pursue a claim in small claims court for disputes within the jurisdictional limits of such court, so long as the matter remains in small claims court and proceeds only on an individual basis.

15. Term and Termination

These Terms are effective upon your first access to or use of the Website and shall remain in full force and effect for as long as you continue to use the Website or our services, unless earlier terminated in accordance with these Terms.

We may, in our sole discretion and without liability to you, with or without cause, with or without prior notice, and at any time, terminate your access to the Website and our services, including but not limited to:

• If you violate any provision of these Terms;
• If you engage in fraudulent, illegal, or harmful conduct;
• If required to do so by applicable law or a court order;
• If we discontinue our services generally or in part.

You may terminate your relationship with us at any time by ceasing to use the Website and, if applicable, by deleting your account. Upon termination, your right to use the Website and services will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to: ownership provisions, warranty disclaimers, indemnity, limitations of liability, dispute resolution, and governing law provisions.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes to these Terms, we will provide notice by:

• Posting the updated Terms on the Website with a new effective date;
• Sending an email notification to the email address associated with your account (if applicable);
• Displaying a prominent notice on our Website for a reasonable period following the update.

All changes to these Terms are effective immediately upon posting to the Website, unless otherwise specified. Your continued use of the Website or services following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the new Terms, you must stop using the Website and our services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. The "Last Updated" date at the top of this page indicates when these Terms were last revised.

17. Severability

If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect.

The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. If any provision is found to be unenforceable, the parties agree that the court or arbitrator should modify such provision to the minimum degree necessary to make it enforceable while preserving the original intent of the parties to the greatest extent possible.

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

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, and agreements published by us on the Website, constitute the entire agreement between you and Chopt 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 Website and services.

No oral or written information or advice given by Chopt or its authorized representatives shall create a warranty or in any way increase the scope of our obligations under these Terms. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms.

19. Force Majeure

Chopt shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government actions, strikes or labor disputes, power outages, internet disruptions, or other events beyond our reasonable control ("Force Majeure Events").

In the event of a Force Majeure Event, we will notify you as soon as reasonably practicable and will use commercially reasonable efforts to resume normal operations as soon as possible. If the Force Majeure Event continues for more than thirty (30) days, either party may terminate the affected services upon written notice to the other party.

20. Electronic Communications

By using our Website and services, you consent to receiving electronic communications from us, including but not limited to emails, text messages (if you have opted in), and notifications through the Website. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

If you wish to opt out of certain electronic communications, you may do so by following the unsubscribe instructions included in any promotional email we send you. Please note that even if you opt out of promotional communications, we may still send you transactional or service-related communications that are necessary for the administration of your account or the services you have requested.

21. Contact Information

If you have any questions, concerns, complaints, or feedback about these Terms of Service, our Website, or our services, please do not hesitate to contact us using the information below:

We will make every effort to respond to your inquiry within a reasonable time, typically within five (5) to ten (10) business days. For urgent matters related to food safety, allergic reactions, or similar concerns, please contact your local emergency services immediately and notify us as soon as possible thereafter.