Terms of Service

Please read these Terms of Service carefully before using the website choptnow.click or any services offered by Chopt. By accessing or using our website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Chopt ("Company," "we," "us," or "our"), governing your access to and use of the website located at choptnow.click (the "Site"), as well as any related services, features, content, applications, and functionality offered by Chopt (collectively, the "Services").

By visiting the Site, creating an account, placing a food order, subscribing to any service, or otherwise interacting with us in any capacity, you expressly agree to these Terms. If you are accessing the 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 references to "you" shall include that entity.

Your continued use of the Site following any posted changes to these Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for updates.

2. Description of Services

Chopt operates an online food ordering and delivery platform that allows customers to browse menus, customize orders, and arrange for pickup or delivery of freshly prepared food items. Our Services include, but are not limited to:

• Online ordering of food and beverages through our website at choptnow.click;
• Menu browsing, nutritional information, and ingredient transparency;
• Order customization and dietary preference selections;
• Food pickup coordination and/or delivery services (where available);
• Account creation and management for returning customers;
• Loyalty programs, promotions, and special offers (as made available from time to time);
• Customer support and order tracking features;
• Email communications, newsletters, and marketing materials (with your consent where required by law).

Chopt reserves the right to modify, suspend, discontinue, or restrict access to any portion of the Services at any time and for any reason, with or without notice, without liability to you or any third party. We do not guarantee that the Services will always be available, uninterrupted, or error-free.

The availability of menu items, pricing, delivery zones, and service features may vary based on your geographic location within the United States. Chopt makes no representation that all items displayed on the Site are available at all times or in all areas.

3. Eligibility and User Accounts

To use the Services, you must be at least thirteen (13) years of age. To place food orders, make purchases, or create a registered account, you must be at least eighteen (18) years of age or the legal age of majority in your state of residence, whichever is greater. By using the Services, you represent and warrant that you meet these eligibility requirements.

When you create an account with Chopt, you agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information to keep it accurate and complete;
• Keep your password confidential and not share it with any third party;
• 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 security breach.

Chopt reserves the right to terminate or suspend any account, refuse service to any user, or cancel any order at our sole discretion, including for violation of these Terms.

4. User Obligations and Prohibited Activities

As a condition of using our Services, you agree to use the Site and Services only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations. You further agree to abide by any additional guidelines or rules posted on the Site.

4.1 User Obligations

You agree to:

• Provide truthful and accurate information in all interactions with Chopt;
• Use the Services only for personal, non-commercial purposes unless expressly authorized in writing by Chopt;
• Comply with all applicable laws, including those governing food safety, consumer protection, and electronic commerce;
• Respect the intellectual property rights and privacy of Chopt and other users;
• Maintain the confidentiality of any account credentials associated with your use of the Services.

4.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Site or Services for any fraudulent, deceptive, or unlawful purpose;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Use automated tools, bots, scrapers, or other unauthorized means to access, collect data from, or interact with the Site;
• Attempt to gain unauthorized access to any portion of the Site, our servers, databases, or any systems connected to the Site;
• Introduce malware, viruses, Trojan horses, worms, logic bombs, or other harmful or technologically disruptive material to the Site;
• Transmit unsolicited commercial communications (spam) through or in connection with the Services;
• Submit false, misleading, or fraudulent orders or payment information;
• Resell or redistribute any food products or services obtained through the Site without prior written authorization from Chopt;
• Reverse engineer, decompile, disassemble, or otherwise attempt to extract source code from any software underlying the Site or Services;
• Engage in any conduct that restricts or inhibits any other user from using the Services, or which may harm Chopt or third parties;
• Use the Services to collect or store personal data about other users without their express consent;
• Place orders with no genuine intent to purchase, or repeatedly cancel orders in a manner that disrupts our operations;
• Engage in conduct that constitutes harassment, abuse, or discrimination against any individual or group.

Violations of these prohibitions may result in immediate termination of your account, cancellation of pending orders, legal action, or other remedies available to Chopt under applicable law.

5. Intellectual Property Rights

All content, materials, features, and functionality available on or through the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the overall design and arrangement of these elements (collectively, "Content"), are the exclusive property of Chopt or its content suppliers and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

The Chopt name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Chopt or its affiliates. You may not use such marks without the prior written permission of Chopt. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

5.1 Limited License

Subject to your compliance with these Terms, Chopt grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal, non-commercial use only. This license does not include:

• Any resale or commercial use of the Site or its Content;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of the Site or its Content;
• Any downloading or copying of account information for the benefit of any third party;
• Any use of data mining, robots, or similar data gathering and extraction tools.

5.2 User-Submitted Content

If you submit any content to us, including reviews, feedback, comments, photographs, or suggestions ("User Content"), you grant Chopt a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right 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 control all rights to any User Content you submit and that such content does not violate these Terms or any applicable law.

6. Ordering, Pricing, and Payment Terms

6.1 Order Placement

When you place an order through choptnow.click, you are making an offer to purchase food items at the prices listed. Chopt reserves the right to accept or decline any order at its discretion. An order is not confirmed until you receive a confirmation notification from us. We reserve the right to cancel orders that appear to be fraudulent, duplicate, or otherwise suspicious.

6.2 Pricing

All prices listed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, delivery fees, service charges, or gratuities unless expressly stated. Chopt makes reasonable efforts to ensure pricing accuracy, but errors may occur. In the event of a pricing error, we reserve the right to cancel the affected order and notify you of the correct price, giving you the opportunity to reorder at the corrected price.

6.3 Payment

Payment for orders is due at the time of order placement. We accept major credit and debit cards and other payment methods as displayed on the Site. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information is accurate and complete;
• You authorize Chopt (and its payment processors) to charge the full amount of your order to the payment method provided.

Chopt uses third-party payment processors to handle transactions. We do not store full credit card information on our servers. Your payment data is subject to the privacy and security practices of our payment processors, in addition to our Privacy Policy.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. If you believe your order was incorrect, incomplete, or that the food was unsafe, please contact us at [email protected] within twenty-four (24) hours of receiving your order. Chopt will review your request and, at our sole discretion, may offer a replacement, credit, or refund. We reserve the right to deny refund requests that we determine to be made in bad faith or that do not meet our refund criteria.

6.5 Taxes

You are responsible for all applicable taxes associated with your purchases through the Site. Chopt will collect and remit sales tax as required by applicable federal, state, and local law. The applicable tax will be displayed during checkout.

7. Disclaimer of Warranties

THE SITE AND 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, CHOPT 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 REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE SITE;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS ORDERED THROUGH THE SITE FOR YOUR PARTICULAR DIETARY NEEDS OR HEALTH CONDITIONS.

Chopt makes no warranty or representation that the food products will meet your specific dietary, allergy, or health requirements. It is your responsibility to review ingredient and allergen information and consult with a qualified healthcare provider regarding any dietary concerns. Chopt is not responsible for any adverse reactions resulting from food allergies, intolerances, or medical conditions.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, our warranties are limited to the greatest extent permitted by applicable law.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHOPT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS;
• LOSS OF DATA OR GOODWILL;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• ANY OTHER INTANGIBLE LOSSES,

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, 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 TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CHOPT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability set forth above are fundamental elements of the basis of the bargain between Chopt and you. Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages, so the above limitations may not apply to you in full. In such cases, our liability shall be limited to the greatest extent permitted by applicable law.

9. Indemnification

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

• Your violation of these Terms or any applicable law or regulation;
• Your use of the Site or Services in any manner not authorized by these Terms;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any User Content you submit, post, or transmit through the Site;
• Your negligence, willful misconduct, or fraud;
• Any dispute between you and another user of the Services or any third party.

Chopt reserves the right to assume exclusive control of the defense of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses. You may not settle any claim without our prior written consent.

10. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information. By using the Services, you consent to our data practices as described in our Privacy Policy.

To the extent applicable, Chopt complies with the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and the Federal Trade Commission Act (FTC Act) with respect to consumer data protection and fair business practices. If you are a California resident, you may have additional rights regarding your personal information as described in our Privacy Policy.

11. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Chopt. These links are provided solely as a convenience to you. Chopt has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. You acknowledge and agree that Chopt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such third-party content, goods, or services.

We encourage you to review the terms of service and privacy policies of any third-party websites you visit through links on our Site.

12. Food Safety and Allergen Notice

Chopt takes food safety seriously and strives to comply with all applicable federal and state food safety regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and applicable state health departments. However, you acknowledge and agree that:

• Our food products are prepared in facilities that may handle common allergens, including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish;
• Cross-contamination is possible despite our best efforts;
• Chopt cannot guarantee that any food item is completely free from any allergen;
• It is your responsibility to disclose any food allergies or dietary restrictions when placing your order and to assess whether our products are suitable for your individual needs;
• Consuming raw or undercooked foods may increase your risk of foodborne illness.

Chopt strongly encourages customers with severe food allergies to contact us directly at [email protected] before placing an order to discuss your specific needs and concerns.

13. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or relating to these Terms, your use of the Site or Services, or the subject matter hereof shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Chopt is registered and primarily operates, without regard to its conflict of law provisions.

To the extent not subject to mandatory arbitration as set forth in Section 14 below, you agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the federal or state courts of competent jurisdiction located within the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts. You waive any objection to the laying of venue of any such proceeding in such courts and waive any objection that such courts are an inconvenient forum.

Notwithstanding the foregoing, Chopt reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or confidential information.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to contact Chopt at [email protected] and attempt to resolve the dispute informally. Chopt will make reasonable efforts to respond to your concern within thirty (30) days. If the parties are unable to resolve the dispute informally within sixty (60) days of the initial notice, either party may pursue the formal dispute resolution procedures set forth below.

14.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court, and except as otherwise provided herein, you and Chopt agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Services (collectively, "Disputes"), shall be resolved solely by binding, individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in English and shall take place in the United States.

The arbitrator shall have exclusive authority to resolve any Dispute, including any claim that all or any part of this arbitration agreement is void or unenforceable. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND CHOPT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Chopt agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court. Additionally, either party may seek emergency injunctive relief in a court of law to prevent irreparable harm pending the resolution of arbitration.

15. Term and Termination

15.1 Term

These Terms are effective from the date you first access or use the Site or Services and shall remain in full force and effect for as long as you continue to use the Services or maintain an account with Chopt, unless earlier terminated in accordance with this Section.

15.2 Termination by You

You may terminate your account and your agreement to these Terms at any time by discontinuing use of the Services and, if applicable, by requesting deletion of your account by contacting us at [email protected]. Please note that termination of your account does not relieve you of any obligations or liabilities that arose prior to termination.

15.3 Termination by Chopt

Chopt reserves the right, at our sole discretion, to suspend or terminate your access to the Site or Services, with or without notice and without liability, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Conduct that Chopt determines, in its sole discretion, is harmful to other users, third parties, or Chopt's business interests;
• Requests by law enforcement or government agencies;
• Extended periods of inactivity;
• Discontinuation or material modification of the Services.

15.4 Effect of Termination

Upon termination of these Terms for any reason: your right to access and use the Services will immediately cease; Chopt may delete your account and any associated data; all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

16. Changes to These Terms

Chopt reserves the right to modify, update, or revise these Terms at any time in our sole discretion. When we make material changes to these Terms, we will notify you by:

• Posting the updated Terms on this page with a revised "Last Updated" date;
• Sending an email notification to the email address associated with your account (if applicable); and/or
• Displaying a prominent notice on the Site prior to the changes taking effect.

Your continued use of the Site or Services after any posted changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

For minor changes that do not materially affect your rights or obligations, we may update these Terms without providing advance notice, and such changes will be effective immediately upon posting.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or by an arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall be construed as if the invalid, illegal, or unenforceable provision had never been included.

The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction, and shall not affect the validity or enforceability of any other provision of these Terms in any jurisdiction.

18. Waiver

No failure or delay by Chopt in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. A waiver of any right or provision under these Terms will only be effective if given in writing and signed by an authorized representative of Chopt.

19. Entire Agreement

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

No modification of these Terms shall be binding unless made in writing and signed by an authorized representative of Chopt, except as expressly provided herein with respect to changes to these Terms.

20. Force Majeure

Chopt shall not be liable for any failure or delay in the performance of our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, acts of terrorism, war, civil unrest, government actions, labor disputes, supply chain disruptions, power failures, or internet outages. In such circumstances, Chopt's obligations shall be suspended for the duration of the force majeure event, and we will make reasonable efforts to notify you and resume normal operations as soon as practicable.

21. Electronic Communications

By using the Services or communicating with us electronically, you agree to receive communications from Chopt electronically, including via email and notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive marketing communications at any time by following the unsubscribe instructions contained in our emails or by contacting us at the information below, though you acknowledge that certain transactional and account-related communications are necessary for the operation of the Services and cannot be opted out of while you maintain an active account.

22. Compliance with Laws

You agree to comply with all applicable local, state, federal, and international laws, regulations, and ordinances in connection with your use of the Services. Chopt operates in compliance with applicable United States federal law, including the Federal Trade Commission Act (FTC Act) governing unfair or deceptive acts and practices in commerce, relevant FDA regulations pertaining to food safety and labeling, and applicable state consumer protection statutes. Users located in California are further advised that their use of the Services may be subject to additional rights and protections under California state law, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA).

23. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation, exercise any applicable legal rights, or otherwise communicate with Chopt regarding these Terms, please contact us using the information below:

We will make every effort to respond to your inquiries within a reasonable time frame. For urgent matters relating to food safety, allergic reactions, or similar emergencies, please contact your local emergency services immediately in addition to notifying us.