Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at chuys-food.click (the "Website") or any services offered by Chuys ("Company," "we," "us," or "our"). By accessing or using our Website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease use of the Website and all associated services.

1. Acceptance of Terms

By visiting, browsing, or otherwise using the Website at chuys-food.click, placing an order, creating an account, or engaging with any feature or service we provide, you enter into a legally binding agreement with Chuys and agree to comply with and be bound by these Terms of Service, along with our Privacy Policy and any additional guidelines, rules, or policies posted on the Website. These Terms apply to all users of the Website, including without limitation users who are browsers, customers, merchants, or contributors of content.

If you are using this Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and the term "you" shall refer to both you individually and such entity. If you do not have such authority, or if you do not agree with all provisions of these Terms, you must not accept these Terms or use our services.

These Terms constitute the entire agreement between you and Chuys with respect to the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Chuys.

2. Description of Services

Chuys operates as a food-related business providing services through its website located at chuys-food.click. Our services may include, but are not limited to, the following:

• Online ordering and delivery of food products and menu items
• Browsing and viewing of our menu, daily specials, and promotional offerings
• Account registration and user profile management
• Customer loyalty programs and reward point systems
• Catering inquiries and group order placement
• Newsletter subscriptions and promotional communications
• Customer support and feedback submission
• Gift card purchasing and redemption services
• Third-party delivery integration and tracking services

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any aspect of the services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. Chuys may also introduce new features, tools, or resources to the Website, which shall be subject to these Terms.

We make no representation that the Website or services are available or appropriate for use outside the United States. Access from territories where the Website's content is illegal is prohibited. You are responsible for compliance with all applicable local laws.

3. User Eligibility and Account Registration

To use certain features of our Website, you may be required to register for an account. You must be at least thirteen (13) years of age to use our Website, and at least eighteen (18) years of age to place orders and make purchases. By registering, you represent that all information you provide is accurate, current, and complete. You agree to maintain and promptly update your account information to keep it accurate and current.

You are responsible for safeguarding your account password and for all activities that occur under your account. You agree not to disclose your password to any third party and to notify us immediately at [email protected] of any unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

4. User Obligations and Prohibited Activities

As a user of our Website and services, you agree to use the Website only for lawful purposes and in a manner that does not infringe upon the rights of others. You accept full responsibility for all activities conducted through your account.

4.1 Affirmative Obligations

You agree to:

• Provide truthful, accurate, and complete information when registering or placing orders
• Comply with all applicable federal, state, and local laws and regulations
• Promptly notify us of any unauthorized use of your account or security breach
• Use the Website only for its intended and lawful purposes
• Respect the intellectual property rights of Chuys and third parties

4.2 Prohibited Activities

You expressly agree that you will NOT engage in any of the following prohibited activities:

• Violating any applicable federal, state, or local laws, regulations, or ordinances
• Engaging in fraudulent transactions, including submitting false payment information or chargeback abuse
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity
• Uploading, posting, or transmitting any content that is unlawful, harmful, defamatory, obscene, harassing, or otherwise objectionable
• Attempting to gain unauthorized access to the Website, servers, or networks connected to the Website
• Using any automated means, including robots, scrapers, or data mining tools, to access or collect data from the Website without our express written consent
• Introducing viruses, Trojan horses, worms, or other malicious code to the Website
• Engaging in any activity that disrupts, damages, or impairs the proper functioning of the Website
• Circumventing or disabling any security or access control features of the Website
• Using our services for any commercial solicitation purpose without prior written authorization
• Reselling any products or services purchased from the Website without our express written consent
• Submitting false or misleading customer reviews or feedback
• Attempting to reverse engineer, decompile, or disassemble any portion of the Website or its underlying software
• Collecting personal information about other users without their consent

Any violation of these prohibitions may result in immediate termination of your account, cancellation of pending orders, and potential legal action. We reserve the right to report any illegal activities to the appropriate law enforcement authorities.

5. Food Ordering, Payment, and Delivery Terms

5.1 Order Placement and Acceptance

When you place an order through our Website, you are making an offer to purchase the selected items at the prices indicated. An order confirmation does not constitute final acceptance. We reserve the right to accept or decline any order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraudulent activity. We will notify you promptly if your order cannot be fulfilled.

5.2 Pricing and Payment

All prices displayed on the Website are in United States Dollars (USD) and are subject to applicable sales taxes and fees. We reserve the right to change prices at any time without prior notice. The price applicable to your order will be the price displayed at the time you complete your purchase.

We accept the following forms of payment: major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and any other payment methods as may be indicated on the Website. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order.

In the event a payment is declined or reversed, we reserve the right to suspend or terminate access to our services until payment obligations are fulfilled. You agree to pay all charges incurred by you or any user of your account and any applicable taxes at the prices in effect when such charges are incurred.

5.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once your order has been confirmed and preparation has begun. If you experience an issue with your order — such as receiving incorrect items, missing items, or items that do not meet reasonable quality standards — please contact us immediately at [email protected]. We will evaluate each complaint on a case-by-case basis and may issue a refund, store credit, or replacement at our sole discretion.

5.4 Delivery and Service Areas

Delivery availability, fees, and estimated delivery times are subject to change and may vary based on your location. We are not responsible for delays caused by traffic, weather, or other factors outside our control. Risk of loss and title for food items pass to you upon delivery to the designated address you provided.

6. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, and software, is the exclusive property of Chuys or its content suppliers and is protected by United States copyright, trademark, trade dress, and other intellectual property laws, as well as applicable international conventions and treaties.

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

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use. This license does not include the right to:

• Resell or make commercial use of the Website or its contents
• Download or copy account information for the benefit of another merchant
• Use data mining, robots, or similar data gathering or extraction tools
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website
• Frame or utilize framing techniques to enclose any trademark, logo, or proprietary information

Any unauthorized use of our intellectual property automatically terminates the permission or license granted herein. We actively enforce our intellectual property rights to the fullest extent permitted by applicable law.

7. User-Generated Content

If you submit, post, upload, or otherwise make available any content through our Website, including reviews, comments, photos, feedback, or suggestions ("User Content"), you grant Chuys a 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 throughout the world in any media.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the rights described above, and that the User Content does not violate any third-party rights or applicable laws. We reserve the right, but are not obligated, to monitor, edit, or remove any User Content at our sole discretion.

8. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications that are not owned or controlled by Chuys. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any third-party operators or their websites.

We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services you visit. Your use of any third-party websites or services is at your own risk and subject to the terms and conditions of those third parties.

9. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES, CONTENT, PRODUCTS, AND OTHER MATERIALS MADE AVAILABLE THROUGH THE WEBSITE 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, CHUYS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE
• WARRANTIES THAT DEFECTS, IF ANY, WILL BE CORRECTED
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCT OR SERVICE

Chuys makes no warranty that the Website is free of viruses or other harmful components. You assume all risk for any damage to your computer system or loss of data that results from downloading any content from the Website.

Nutritional information and allergen details provided on the Website are estimates and may vary based on preparation methods, portion sizes, and supplier variations. It is your sole responsibility to ensure that any food product ordered is appropriate for your dietary needs, restrictions, or health conditions. We strongly encourage you to consult with a medical or dietary professional if you have specific concerns.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHUYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• DAMAGES ARISING FROM ANY THIRD-PARTY CONDUCT OR CONTENT ON THE WEBSITE
• DAMAGES ARISING FROM ANY FOOD ALLERGY, ADVERSE REACTION, ILLNESS, OR INJURY RESULTING FROM CONSUMPTION OF OUR PRODUCTS, WHERE SUCH LIABILITY IS DISCLAIMED TO THE EXTENT PERMITTED BY LAW

IN ALL CASES, CHUYS'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO CHUYS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless Chuys and its 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 of Service
• Your use of the Website or services, including any data or content you transmit or receive
• Your violation of any rights of a third party, including intellectual property, privacy, or proprietary rights
• Your violation of any applicable federal, state, or local laws or regulations
• Any User Content you submit, post, or transmit through the Website
• Your negligent or willful misconduct
• Any dispute or issue between you and any third party

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You agree not to settle any matter without our prior written consent.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Chuys is registered or primarily operates, without regard to conflict of law principles. 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 of competent jurisdiction within the United States.

These Terms are subject to applicable federal laws, including the Federal Trade Commission Act (FTC Act) governing unfair or deceptive business practices, and any other federal consumer protection laws. If you are a resident of the State of California, your use of this Website and these Terms are also subject to the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and other applicable California statutes.

By using the Website, you consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to contact Chuys directly at [email protected] to attempt to resolve any dispute, claim, or controversy informally. Both parties agree to negotiate in good faith for a period of at least thirty (30) days from the date of written notice of the dispute. Many concerns can be resolved quickly and informally through this process.

13.2 Binding Arbitration

If informal resolution efforts fail, any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website, or the breach, termination, enforcement, interpretation, or validity thereof shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in the English language.

You and Chuys each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial.

13.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Small claims court actions may also be brought where the amount in controversy qualifies.

13.4 Time Limitation on Claims

Any cause of action or claim you may have arising out of or relating to these Terms or your use of the Website must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.

14. Term and Termination

These Terms shall remain in full force and effect while you use the Website or maintain an account with us. We reserve the right, in our sole discretion, to suspend or terminate your access to all or part of the Website, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms
• Fraudulent, deceptive, or abusive behavior
• Conduct that we believe is harmful to other users, third parties, or our business interests
• Requests by law enforcement or other government agencies
• Extended periods of account inactivity
• Discontinuation of the Website or services

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

15. Changes to These Terms

Chuys reserves the right, at its sole discretion, to modify, update, or replace any part of these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page. We may also notify you through the email address associated with your account or by posting a prominent notice on the Website.

Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes. It is your responsibility to check this page periodically for updates. If you do not agree to any revised Terms, you must immediately stop using the Website and services.

We encourage you to review these Terms regularly to stay informed of any updates. Where required by applicable law, we will obtain your consent before making material changes that affect your rights.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and all remaining provisions shall continue in full force and effect.

The failure of Chuys to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any default shall not constitute a waiver of any subsequent default of the same or any other provision.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on the Website, shall constitute the entire agreement between you and Chuys concerning the Website and services. This Agreement supersedes all prior understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and your use thereof.

No agency, partnership, joint venture, employment, or franchise relationship is intended or created by these Terms. You may not assign your rights or obligations under these Terms to any third party without our prior written consent. We may freely assign our rights and obligations under these Terms.

18. Force Majeure

Chuys shall not be liable for any failure or delay in performance under these Terms to the extent that such failure or delay results from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, strikes or labor disputes, war, terrorism, power outages, internet or telecommunications failures, or supply chain disruptions. In such events, Chuys will use commercially reasonable efforts to resume normal operations as soon as practicable.

19. Accessibility

Chuys is committed to ensuring digital accessibility for people with disabilities. We continually improve the user experience for everyone and apply relevant accessibility standards. If you experience any difficulty accessing our Website or services, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

20. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to exercise any rights available to you under applicable law, please do not hesitate to contact us using the information below:

We will make every reasonable effort to respond to your inquiry in a timely manner. For matters concerning legal notices, service of process, or formal legal correspondence, please direct all communications in writing to our email address listed above.