Terms of Service

Please read these Terms of Service carefully before using the Wing Snob website or placing any order through our digital platforms. By accessing or using our services, you agree to be bound by these Terms of Service in their entirety.

1. Acceptance of Terms

Welcome to Wing Snob. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Wing Snob ("Company," "we," "us," or "our"), governing your access to and use of the website located at wingsnobfood.digital (the "Website"), as well as any related services, features, content, and functionality offered by Wing Snob (collectively, the "Services").

By visiting our Website, creating an account, placing an order, subscribing to our newsletter, or otherwise engaging with our Services in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms 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.

These Terms apply to all visitors, registered users, customers, and any other individuals who access or use the Services. If you are using our Services on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you personally and the entity you represent.

You must be at least eighteen (18) years of age to use our Services. By using our Website, you represent and warrant that you are at least 18 years old and legally capable of entering into binding contracts under applicable law. If you are under 18 years of age, you may only use our Services with the direct supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Wing Snob is a food service business operating in the United States. Our Services include, but are not limited to, the following:

• Online Food Ordering: Customers may browse our menu and place orders for food items, including chicken wings and related food products, through our Website or affiliated ordering platforms.
• Delivery and Pickup Services: We offer food delivery and in-store or curbside pickup options subject to availability, geographic limitations, and applicable service fees.
• Account Registration: Users may create a personal account to facilitate faster ordering, track order history, and manage preferences.
• Promotional Offers and Loyalty Programs: From time to time, Wing Snob may offer discounts, promotional codes, loyalty rewards, or special offers through the Website or via email communications.
• Customer Support: We provide customer support services to assist with orders, inquiries, complaints, and general information about our products and services.
• Digital Content: Our Website may contain informational content, including menus, nutritional information, blog posts, images, and videos related to our food offerings and brand.

Wing Snob reserves the right to modify, expand, reduce, or discontinue any aspect of our Services at any time, with or without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of Services.

Availability of specific menu items, delivery zones, and service features may vary based on location, time of day, and operational capacity. Wing Snob makes no guarantee that any specific menu item will be available at any given time.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your access to and use of our Services, you agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to the laws of the United States and the applicable state in which you reside or access our Services. You further agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security of your account credentials and immediately notify us of any unauthorized use of your account;
• Use the Services solely for lawful purposes and in accordance with these Terms;
• Respect all intellectual property rights associated with our content and brand;
• Provide valid payment information and authorize all charges associated with your orders;
• Accept responsibility for all activities that occur under your account;
• Notify Wing Snob of any known food allergies or dietary restrictions prior to placing an order, as we cannot guarantee allergen-free preparation environments.

3.2 Prohibited Activities

You expressly agree that you will not engage in any of the following prohibited activities in connection with your use of our Services:

• Using the Website or Services for any unlawful, fraudulent, or harmful purpose;
• Attempting to gain unauthorized access to any portion of the Website, servers, databases, or other systems connected to our Services;
• Using any automated tools, bots, scrapers, spiders, or similar technology to access, collect, or harvest data from our Website without our express written permission;
• Transmitting any viruses, malware, ransomware, or other malicious code through the Website;
• Impersonating any person or entity, including Wing Snob employees, or falsely representing your affiliation with any person or entity;
• Posting, transmitting, or distributing any content that is defamatory, obscene, harassing, threatening, or otherwise objectionable;
• Interfering with or disrupting the integrity, security, or performance of the Website or its underlying infrastructure;
• Reverse engineering, decompiling, or disassembling any software or technology associated with our Services;
• Using our Services to send unsolicited commercial communications (spam) to any person;
• Placing fraudulent orders, providing false delivery information, or engaging in chargeback fraud;
• Reselling or redistributing our food products for commercial purposes without our prior written consent;
• Violating any applicable export control laws, regulations, or restrictions of the United States;
• Collecting or storing personal information about other users without their consent;
• Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Wing Snob or users of the Services or expose them to liability.

Wing Snob reserves the right, in its sole discretion, to investigate and take appropriate legal action against any User who violates this Section, including without limitation, terminating the User's account and reporting such violations to law enforcement authorities.

4. Intellectual Property Rights

All content, materials, and intellectual property available on or through the Wing Snob Website and Services are owned by or licensed to Wing Snob and are protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, patent, and trade secret laws.

The following are the exclusive property of Wing Snob or its licensors:

• The "Wing Snob" name, logo, brand identity, and all related marks and trade dress;
• All Website design elements, graphics, photographs, images, illustrations, audio, and video clips;
• All written content, including menu descriptions, blog posts, marketing copy, and product information;
• All software, code, databases, and technology underlying the Website and Services;
• All recipes, formulations, and proprietary food preparation methods (collectively, "Proprietary Content").

Subject to your compliance with these Terms, Wing Snob grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and Services solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any Proprietary Content;
• Use any Wing Snob trademarks, logos, or trade dress in any manner without our prior written consent;
• Remove or alter any copyright, trademark, or other proprietary notices from any materials obtained from our Website;
• Frame or mirror any content from our Website on any other server or wireless or Internet-based device.

Any unauthorized use of Wing Snob's intellectual property is a violation of these Terms and may violate applicable copyright, trademark, and other laws. Such violations may subject you to civil and criminal penalties.

If you submit any reviews, comments, suggestions, feedback, or other content through our Website or Services ("User Submissions"), you grant Wing Snob a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Submissions in any media. You represent and warrant that you own or have the necessary rights to grant this license and that your User Submissions do not infringe the rights of any third party.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes, delivery fees, service charges, and gratuities will be calculated and disclosed to you during the checkout process before you finalize your order. Wing Snob reserves the right to adjust pricing at any time.

5.2 Payment Methods

We accept payment via major credit cards, debit cards, and other payment methods as indicated on our Website at the time of purchase. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Wing Snob and/or our designated payment processors to charge your payment method for the total amount of your order, including all applicable taxes and fees.

5.3 Order Confirmation

Receipt of an order confirmation does not constitute our acceptance of your order. Wing Snob reserves the right to refuse or cancel any order at any time for reasons including but not limited to: unavailability of menu items, errors in pricing or product information, suspected fraud, or issues identified by our fraud detection systems. In the event of a cancellation, we will notify you and issue a full refund using the original payment method.

5.4 Refunds and Cancellations

Due to the perishable nature of our food products, all sales are generally final once an order has been confirmed and preparation has begun. If you have a legitimate complaint regarding the quality of your order, you must contact us within twenty-four (24) hours of receiving your order at [email protected]. Refunds or credits are issued at Wing Snob's sole discretion and may be provided in the form of a refund to your original payment method or as store credit.

5.5 Promotional Codes and Discounts

Promotional codes, coupons, and discount offers are subject to their own specific terms and conditions and may not be combined with other offers unless expressly stated. Wing Snob reserves the right to revoke any promotional offer at any time and to refuse or cancel orders that attempt to use promotional codes fraudulently or in violation of their terms.

6. Food Safety, Allergens, and Nutritional Information

Wing Snob takes food safety seriously and strives to comply with all applicable federal, state, and local food safety regulations, including guidelines established by the U.S. Food and Drug Administration (FDA) and applicable state health departments.

However, we must advise you of the following important information:

Nutritional information provided on our Website is approximate and may vary based on preparation methods, portion sizes, and ingredient substitutions. This information is provided for general guidance only and should not be relied upon for medical or dietary purposes. Consult a qualified healthcare professional for specific dietary advice.

7. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WING SNOB WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WING SNOB EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS.

Some jurisdictions do not allow the exclusion of implied warranties; therefore, some of the above exclusions may not apply to you. In such jurisdictions, Wing Snob's warranties are limited to the minimum scope and duration permitted by applicable law.

Wing Snob does not warrant or guarantee the results of any specific order, delivery time, or service outcome. Delivery estimates are approximate and subject to factors beyond our control, including traffic conditions, weather, and third-party delivery service performance.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL WING SNOB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES;
• ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREON;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL ELEMENTS TRANSMITTED THROUGH OUR WEBSITE BY THIRD PARTIES;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

IN ALL CASES, WING SNOB'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO WING SNOB IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WING SNOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow limitations on implied warranties or the exclusion of incidental or consequential damages, so the above limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless Wing Snob and its officers, directors, employees, contractors, agents, licensors, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising out of or relating to:

• Your access to or use of the Website or Services;
• Your violation of any provision of these Terms;
• Your violation of any third-party right, including without limitation any intellectual property right, publicity right, or privacy right;
• Any User Submissions you provide to or through the Website;
• Your violation of any applicable federal, state, or local law or regulation;
• Any claim that your conduct caused damage to a third party;
• Any fraud, misrepresentation, or willful misconduct by you.

Wing Snob reserves 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 these claims. You agree not to settle any such matter without the prior written consent of Wing Snob. Wing Snob will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications that are not owned or controlled by Wing Snob. These links are provided solely for your convenience and informational purposes. Wing Snob has no control over, and assumes no responsibility for, the content, privacy policies, practices, or terms of any third-party websites or services.

Wing Snob does not endorse or make any representations about third-party websites or services. Your use of any third-party website or service is at your own risk and is subject to the terms and conditions and privacy policies of those third parties. We encourage you to review the terms and privacy policies of any third-party websites you visit.

If Wing Snob uses third-party delivery platforms, payment processors, or other service providers, those providers maintain their own independent terms of service, and your interactions with such providers are governed by their respective agreements.

11. Privacy and Data Protection

Your use of our 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, and share information about you when you use our Services. By using our Services, you consent to the data practices described in our Privacy Policy.

Wing Snob complies with applicable federal and state privacy laws, including the Federal Trade Commission Act (FTC Act) regarding unfair or deceptive trade practices, and applicable state consumer privacy laws. For California residents, additional rights and protections apply under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as detailed in our Privacy Policy.

12. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms, your use of the Website, or the Services shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Wing Snob is registered and principally operates, without regard to its conflict of law provisions or principles that would cause the application of the laws of any other jurisdiction.

Subject to the dispute resolution provisions in Section 13 below, you agree that any legal action or proceeding relating to these Terms or your use of our Services shall be instituted exclusively in the federal or state courts of competent jurisdiction located in the applicable state of Wing Snob's principal place of business. You expressly consent to personal jurisdiction in such courts and waive any objection to the laying of venue in such courts.

Notwithstanding the foregoing, Wing Snob 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 other proprietary rights.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact Wing Snob at [email protected] and attempt to resolve the dispute informally. Wing Snob will attempt to respond to and resolve your concern within thirty (30) days. This informal dispute resolution is a prerequisite to commencing arbitration or any other formal proceeding.

13.2 Binding Arbitration

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

If a dispute cannot be resolved informally, you and Wing Snob agree that any controversy or claim arising out of or relating to these Terms, the Services, or any breach thereof shall be resolved by binding 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 judgment on the arbitration award may be entered in any court having jurisdiction thereof.

The arbitrator shall have authority to award any remedy available at law or in equity, including but not limited to monetary damages, injunctive relief, and declaratory relief. The arbitrator's decision shall be final and binding on both parties.

13.3 Class Action Waiver

YOU AND WING SNOB 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 ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. 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.

13.4 Exceptions to Arbitration

Notwithstanding the agreement to arbitrate, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent actual or threatened harm to intellectual property rights, confidential information, or to seek small claims court relief for disputes that qualify under applicable small claims rules.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or Services or maintain an account with us. Wing Snob reserves the right, in its sole discretion, to:

• Suspend or terminate your account and access to the Services at any time, with or without cause or notice;
• Refuse service to any person or entity for any reason not prohibited by law;
• Terminate your account immediately upon any breach of these Terms;
• Discontinue any or all features of the Services at any time without liability to you.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination of your account, your right to use the Services will immediately cease.

Upon termination for any reason, all provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnification obligations, limitation of liability, and dispute resolution provisions.

15. Changes to These Terms

Wing Snob reserves the right to modify, update, or revise these Terms of Service at any time in its sole discretion. We will provide notice of material changes by:

• Posting the revised Terms on our Website with a new "Last Updated" date at the top of the page;
• Sending an email notification to the email address associated with your account (if applicable); and/or
• Displaying a prominent notice on our Website for a reasonable period of time.

Your continued use of the Website or Services after the effective date of any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, your sole remedy is to discontinue use of the Website and Services and, if applicable, terminate your account.

We encourage you to review these Terms periodically to ensure that you are familiar with our current practices and requirements. The most current version of these Terms will always be available at wingsnobfood.digital.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with any applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be deemed deleted from these Terms. The invalidity 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 agree that if any provision of these Terms is found unenforceable, they intend for the remaining provisions to be interpreted in a manner that most closely reflects the original intent of the parties consistent with applicable law.

17. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Wing Snob on the Website, constitute the entire agreement between you and Wing Snob 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 Services.

No waiver by Wing Snob of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure by Wing Snob to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver must be in writing and signed by an authorized representative of Wing Snob to be effective.

18. Force Majeure

Wing Snob shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent that such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, labor disputes, supply chain disruptions, power outages, internet failures, terrorist attacks, war, civil unrest, or other force majeure events. In the event of such circumstances, Wing Snob will notify you as soon as reasonably practicable and will resume performance as soon as possible.

19. Electronic Communications and Consent

By using our Services, you consent to receive electronic communications from Wing Snob, including but not limited to order confirmations, account notifications, promotional emails, and updates to these Terms or our Privacy Policy. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you do not wish to receive promotional communications from us, you may opt out at any time by clicking the "unsubscribe" link in any promotional email or by contacting us at [email protected]. Please note that even after opting out of promotional communications, you will continue to receive transactional and account-related communications from us.

20. Accessibility

Wing Snob is committed to ensuring that our Website and Services are accessible to individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 and applicable accessibility requirements under the Americans with Disabilities Act (ADA). If you experience any accessibility issues while using our Website, please contact us at [email protected] so that we may assist you and work to address any accessibility barriers.

21. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact Wing Snob for any reason related to your use of our Services, please reach out to us using the contact information provided below:

We will make every effort to respond to your inquiry within three (3) to five (5) business days. For urgent matters related to food safety or order emergencies, please use the contact methods listed above and clearly indicate the urgent nature of your request in your message.