Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at wingsnobkitchen.rest (the "Site") or any services offered by Wing Snob ("Company," "we," "us," or "our"). By accessing or using our Site, placing an order, or otherwise engaging with our services, you ("User," "you," or "your") agree to be legally bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must discontinue use of the Site and our services immediately.

1. Acceptance of Terms

By accessing, browsing, or using the Wing Snob website at wingsnobkitchen.rest, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and Wing Snob.

Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes. If you are using the Site on behalf of a business entity, you represent and warrant that you have the legal authority to bind that entity to these Terms, and that you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater.

Wing Snob reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion, for any reason or no reason, without liability to you.

2. Description of Services

Wing Snob is a food service business operating in the United States. Through our website at wingsnobkitchen.rest, we provide the following services and functions:

• Display of our food menu, including chicken wings, sides, sauces, beverages, and other food and beverage items;
• Online ordering capabilities for pickup and/or delivery, as available at your location;
• Promotional offers, loyalty programs, and special deals for registered users or newsletter subscribers;
• Nutritional and allergen information related to our menu offerings;
• Customer support and feedback channels via email and phone;
• General information about Wing Snob locations, hours of operation, and contact details;
• Any additional services or features we may introduce from time to time, subject to these Terms.

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

Menu availability, pricing, and service options may vary based on location, time of day, and operational capacity. All food items are subject to availability, and Wing Snob makes no guarantees that specific menu items will be available at any given time.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a user of the Wing Snob website and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and accept responsibility for all activities that occur under your account;
• Notify Wing Snob promptly at [email protected] if you suspect unauthorized use of your account;
• Comply with all applicable federal, state, and local laws and regulations when using our services;
• Use the Site only for lawful purposes and in a manner consistent with these Terms;
• Respect the intellectual property rights of Wing Snob and third parties;
• Provide valid payment information and authorize Wing Snob or its payment processors to charge your designated payment method for orders placed.

3.2 Prohibited Activities

You expressly agree that you will NOT engage in any of the following prohibited activities when using our Site or services:

• Using the Site for any unlawful purpose or in violation of any federal, state, or local laws, including but not limited to the Federal Trade Commission Act, applicable food safety regulations, and consumer protection laws;
• Attempting to gain unauthorized access to any portion of the Site, its servers, databases, or any system connected to the Site;
• Transmitting any viruses, malware, spyware, ransomware, or other malicious code or software through the Site;
• Engaging in any form of automated data collection, scraping, crawling, or harvesting of information from the Site without prior written consent from Wing Snob;
• Impersonating any person or entity, including Wing Snob employees, representatives, or other users;
• Submitting false, misleading, or fraudulent orders, reviews, or information of any kind;
• Attempting to circumvent any security features, access controls, or geographic restrictions implemented on the Site;
• Using the Site to transmit unsolicited commercial communications (spam);
• Engaging in any conduct that could damage, disable, overburden, or impair the functioning of the Site or interfere with any other party's use of the Site;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software used in connection with the Site;
• Engaging in fraudulent chargebacks, payment disputes, or any other form of payment fraud;
• Using our services for any commercial purpose not expressly authorized by Wing Snob in writing;
• Collecting or storing personal information of other users without their express consent;
• Posting, transmitting, or distributing any content that is defamatory, obscene, harassing, abusive, hateful, or otherwise objectionable.

Wing Snob reserves the right to investigate any suspected violations of these prohibitions and may take appropriate legal action, including referral to law enforcement authorities, in addition to any other available remedies.

4. Intellectual Property Rights

4.1 Ownership

All content, materials, and elements appearing on the Wing Snob website, including but not limited to text, graphics, logos, photographs, audio clips, video clips, digital downloads, data compilations, menu designs, brand identities, trade names, trademarks, service marks, trade dress, and software, are the exclusive property of Wing Snob or its content suppliers and are protected by applicable United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

4.2 Limited License

Wing Snob grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use only, solely for the purpose of browsing our menu and placing food orders. This license does not include the right to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site;
• Use any data mining, robots, spiders, or similar data gathering or extraction tools;
• Create derivative works based on any content found on the Site;
• Download or save any copyrighted material, except for personal, non-commercial reference use with all copyright and proprietary notices intact.

4.3 Trademarks

The Wing Snob name, logo, and all related marks, names, slogans, and trade dress are trademarks of Wing Snob. All other trademarks, service marks, or registered trademarks appearing on the Site are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Wing Snob or any third party.

4.4 User-Submitted Content

If you submit reviews, feedback, photographs, comments, or other content to Wing Snob through the Site or any affiliated social media channels, you grant Wing Snob a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media or format. You represent and warrant that you own or have the necessary rights to submit such content and that it does not infringe upon the rights of any third party.

5. Payment Terms

5.1 Pricing and Fees

All prices listed on the Wing Snob website are in United States Dollars (USD) and are subject to change without notice. Prices displayed are exclusive of applicable taxes unless otherwise indicated. Applicable sales taxes, service fees, and delivery charges will be calculated and displayed at checkout prior to order confirmation.

5.2 Payment Methods

Wing Snob accepts various forms of payment as indicated on the Site at the time of checkout, which may include major credit cards, debit cards, and other electronic payment methods. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Wing Snob or its designated payment processor to charge the full order amount, including applicable taxes and fees, to that payment method.

5.3 Order Confirmation and Processing

Your order is not confirmed until you receive an official order confirmation from Wing Snob via email or through the Site. Wing Snob reserves the right to refuse, cancel, or limit any order for any reason, including but not limited to product availability, errors in pricing or product descriptions, or suspicion of fraudulent activity. In the event of a cancelled order for which payment has been collected, Wing Snob will issue a full refund to your original payment method within a commercially reasonable timeframe.

5.4 Refunds and Returns

Due to the perishable nature of food products, all sales are generally final. Wing Snob will consider refund requests or order corrections on a case-by-case basis in instances where the food received does not match the order placed, or where food quality does not meet reasonable standards. To request a refund or correction, please contact us at [email protected] within twenty-four (24) hours of receiving your order. Wing Snob's decision regarding refund requests shall be final and binding.

5.5 Promotional Offers and Discounts

Promotional codes, coupons, and discounts are subject to specific terms and conditions and may not be combined with other offers unless explicitly stated. Wing Snob reserves the right to modify, suspend, or discontinue any promotional offer at any time without prior notice.

6. Allergen and Nutritional Information Disclaimer

Wing Snob makes reasonable efforts to provide accurate allergen and nutritional information for menu items on our Site. However, we cannot guarantee that our food is free from any specific allergen due to the possibility of cross-contamination during food preparation. Menu items and their ingredients may change without notice.

If you have food allergies, dietary restrictions, or specific nutritional requirements, we strongly encourage you to contact us directly at [email protected] before placing an order to discuss your specific needs. Wing Snob shall not be liable for any adverse reactions, allergic responses, or health consequences arising from consumption of our food products.

7. Limitation of Liability

7.1 General Limitation

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE UNITED STATES AND ANY APPLICABLE STATE LAWS, WING SNOB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WING SNOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 Cap on Liability

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF WING SNOB TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO WING SNOB IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

7.3 Essential Basis

The limitations of liability set forth in this Section 7 are fundamental elements of the basis of the bargain between Wing Snob and you. Wing Snob would not be able to provide the Site or services on an economically feasible basis without these limitations. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

8. Disclaimers

8.1 As-Is Basis

THE WING SNOB WEBSITE AND ALL SERVICES, CONTENT, MATERIALS, INFORMATION, AND FUNCTIONS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WING SNOB EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 Operational Disclaimers

Wing Snob does not warrant that:

• The Site will be uninterrupted, timely, secure, or error-free;
• The results obtained from use of the Site will be accurate or reliable;
• The quality of any products, services, information, or other material obtained through the Site will meet your expectations;
• Any errors in the Site will be corrected;
• The Site or the servers that make it available are free of viruses or other harmful components.

8.3 Third-Party Services

The Site may contain links to third-party websites, services, or platforms, including but not limited to delivery service providers, payment processors, and social media platforms. Wing Snob does not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. Your use of third-party services is subject to their respective terms of service and privacy policies, and Wing Snob shall not be liable for any damages or losses arising from your use of such third-party services.

9. Indemnification

You agree to defend, indemnify, and hold harmless Wing Snob, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Site or services, including any data or content you transmit or receive;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or publicity rights;
• Any claim that content you submitted to Wing Snob caused damage to a third party;
• Your fraudulent, negligent, or willful misconduct;
• Any dispute between you and another user of the Site or services.

Wing Snob reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such event, you agree to cooperate fully with Wing Snob in asserting any available defenses. You agree not to settle any such matter without the prior written consent of Wing Snob.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their 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 laws of the state in which Wing Snob's principal place of business is located, without regard to its conflict of law provisions.

These Terms are subject to, and you agree to comply with, all applicable federal laws and regulations of the United States, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) governing unfair or deceptive acts and practices in commerce, and applicable state consumer protection statutes.

For users located in California, additional rights may apply under the California Consumer Privacy Act (CCPA/CPRA), as amended, and other applicable California state laws. Wing Snob acknowledges its obligations under such laws and will honor applicable consumer rights as required by law.

Subject to the dispute resolution provisions set forth in Section 11 below, you irrevocably submit to the exclusive personal jurisdiction and venue of the federal and state courts located in the state of Wing Snob's principal place of business for the resolution of any disputes not subject to arbitration under these Terms. You waive any objection to such jurisdiction and venue on grounds of inconvenient forum or otherwise.

11. Dispute Resolution

11.1 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, the Site, or our services ("Dispute") informally by contacting Wing Snob in writing at [email protected] with a description of the Dispute and your desired resolution. Wing Snob will attempt to resolve the Dispute informally within thirty (30) calendar days of receiving your written notice. If the Dispute is not resolved within that period, either party may pursue formal dispute resolution as described below.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except as provided in Section 11.4 below, you and Wing Snob agree that any Dispute that cannot be resolved informally shall be resolved exclusively through binding individual arbitration administered by a recognized arbitration organization such as the American Arbitration Association ("AAA") under its applicable Commercial Arbitration Rules (available at www.adr.org) or the rules of another mutually agreed-upon arbitration provider. The arbitration shall be conducted in the English language, and the arbitrator's award shall be final and binding on both parties.

The arbitration shall take place in the county in which Wing Snob's principal place of business is located, or at another mutually agreed location, or via telephone or videoconference where applicable. The costs of arbitration, including filing fees and arbitrator compensation, shall be allocated in accordance with the applicable arbitration rules, except that Wing Snob will pay your reasonable arbitration fees if your claim is for $10,000 or less.

11.3 Class Action Waiver

YOU AND WING SNOB EACH AGREE THAT DISPUTES WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, MASS ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court. Additionally, 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.

11.5 Waiver of Jury Trial

BY AGREEING TO THESE TERMS, YOU AND WING SNOB EACH WAIVE THE RIGHT TO A JURY TRIAL WITH RESPECT TO ANY DISPUTE THAT CANNOT BE RESOLVED THROUGH ARBITRATION UNDER THESE TERMS.

12. Term and Termination

12.1 Term

These Terms of Service are effective as of the date first listed above and shall remain in full force and effect for as long as you use the Wing Snob website or services, unless earlier terminated in accordance with these Terms.

12.2 Termination by You

You may terminate these Terms at any time by ceasing all use of the Wing Snob website and services. If you have created an account with Wing Snob, you may request account deletion by contacting us at [email protected]. Such termination will not affect any obligations that arose prior to termination, including any outstanding payment obligations.

12.3 Termination by Wing Snob

Wing Snob reserves the right, in its sole and absolute discretion, to terminate or suspend your access to the Site and services, with or without cause or notice, effective immediately. Grounds for termination may include, but are not limited to:

• Violation of any provision of these Terms;
• Fraudulent, abusive, or illegal activity;
• Conduct that is harmful to Wing Snob, its employees, other users, or third parties;
• Extended periods of account inactivity;
• Cessation of Wing Snob's business operations.

12.4 Effect of Termination

Upon termination of these Terms for any reason, your right to use the Site and services shall immediately cease. The following Sections shall survive termination and remain in full force and effect: Intellectual Property Rights (Section 4), Limitation of Liability (Section 7), Disclaimers (Section 8), Indemnification (Section 9), Governing Law and Jurisdiction (Section 10), Dispute Resolution (Section 11), and any other provisions that by their nature should survive termination.

13. Changes to Terms

Wing Snob reserves the right to modify, amend, update, or replace these Terms of Service at any time in its sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and may, at our discretion, provide additional notice such as a prominent notice on the Site or an email notification to registered users.

Your continued use of the Wing Snob website or services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to the modified Terms, you must stop using the Site and services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

Wing Snob will make reasonable efforts to notify users of significant changes that materially affect their rights or obligations. However, it is your responsibility to check these Terms regularly. Wing Snob shall not be liable to you or any third party for any modification, amendment, or termination of these Terms.

14. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, unenforceable, or contrary to applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, the provision shall be deemed deleted from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, and enforceability of the remaining provisions, which shall continue in full force and effect as if such invalid, illegal, or unenforceable provision had never been part of these Terms.

The parties acknowledge that they would have entered into this Agreement even if the invalidated provision had been absent, provided that the essential purpose of these Terms is not frustrated by such deletion or modification.

15. Additional Legal Provisions

15.1 Entire Agreement

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

15.2 No Waiver

Wing Snob's 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 will be effective only if in writing and signed by a duly authorized representative of Wing Snob.

15.3 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Wing Snob. Wing Snob may freely assign or transfer these Terms, in whole or in part, to any affiliate, successor, or as part of a corporate restructuring, merger, acquisition, or sale of assets, without restriction and without notice to you.

15.4 Force Majeure

Wing Snob shall not be liable for any delay or failure to perform any obligation under these Terms where such delay or failure results from any cause beyond Wing Snob's reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, government actions, power outages, internet service disruptions, fire, flood, or labor strikes.

15.5 Electronic Communications

By using the Wing Snob website and services, you consent to receive electronic communications from Wing Snob, including but not limited to order confirmations, receipts, promotional emails, and important notices regarding your account or our services. You agree that all agreements, notices, disclosures, and other communications that Wing Snob provides to you electronically satisfy any legal requirement that such communications be in writing.

15.6 California Users

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210. Wing Snob's contact information is provided in Section 16 below.

16. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, or if you need to contact Wing Snob for any reason related to these Terms, please reach out to us using the following contact information:

We endeavor to respond to all inquiries within five (5) business days. For urgent matters related to food safety, allergic reactions, or order-related emergencies, please contact us immediately via the above email address.