Terms of Service

Please read these Terms of Service carefully before using the website located at chuys.rest or any services offered by Chuys. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service in their entirety. 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 agreement between you ("User," "Customer," "you," or "your") and Chuys ("Company," "we," "us," or "our"), governing your access to and use of the website chuys.rest (the "Website"), as well as any related digital platforms, mobile applications, online ordering systems, and food service offerings made available by Chuys (collectively, the "Services").

By visiting the Website, creating an account, placing a food order, subscribing to any promotional communications, or otherwise interacting with our digital or physical services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you are using 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 refer to both you individually and that entity.

You must be at least thirteen (13) years of age to use our Website. If you are under the age of eighteen (18), you must have parental or guardian consent to use our Services, particularly for online ordering or account creation.

2. Description of Services

Chuys operates as a food service business providing customers with access to menu offerings, online ordering, reservations, catering inquiries, and related food and beverage experiences. Our Services include, but are not limited to:

• Online Menu Browsing: Users may browse our current menu offerings, including food items, beverages, pricing, ingredients, and nutritional information, as available through our Website.
• Online Ordering: Where available, users may place food orders through our Website for pickup, delivery, or dine-in reservation purposes.
• Catering Services: We may offer catering packages or bulk ordering options for events, corporate gatherings, and other special occasions, subject to availability and separate agreements.
• Promotional Communications: With your consent, we may send newsletters, special offers, loyalty program updates, and promotional materials via email or other electronic means.
• Customer Support: We provide customer service via email at [email protected] to assist with orders, inquiries, complaints, and feedback.
• Informational Content: Our Website contains general information about our business, locations, operating hours, events, and food service philosophy.

We reserve the right to modify, expand, restrict, or discontinue any aspect of our Services at any time, with or without notice, and without liability to you. Menu items, pricing, availability, and operating hours are subject to change without prior notice.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Website and Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with our Services.
• Maintain the confidentiality of any account credentials, including passwords, and notify us immediately of any unauthorized access or use of your account.
• Use our Services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
• Respect the intellectual property rights of Chuys and third parties in connection with your use of our Services.
• Conduct yourself professionally and respectfully when interacting with our staff, whether online, by phone, or in person.
• Honor all confirmed orders and reservations, or cancel them within a reasonable timeframe as specified in our cancellation policy.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Website or Services for any fraudulent, deceptive, or unlawful purpose, including but not limited to placing false orders, submitting fraudulent payment information, or impersonating another individual or entity.
• Attempt to gain unauthorized access to our systems, servers, databases, or any other component of our Website or digital infrastructure.
• Use automated bots, scrapers, crawlers, or similar technologies to extract data from our Website without prior written consent from Chuys.
• Transmit any viruses, malware, ransomware, or other harmful code through our Website or Services.
• Engage in any activity that places an unreasonable or disproportionate load on our servers or network infrastructure.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our Website or Services without express written permission.
• Post or transmit any content that is defamatory, obscene, harassing, threatening, or otherwise objectionable through any communication channels we provide.
• Violate any applicable laws, including consumer protection statutes, food safety regulations, or intellectual property laws, in connection with your use of our Services.
• Use our Services to collect personal information about other users without their consent.
• Circumvent, disable, or otherwise interfere with security-related features of our Website.

Any violation of these prohibitions may result in immediate suspension or termination of your account, cancellation of pending orders, and potential legal action in accordance with applicable United States law.

4. Intellectual Property Rights

All content, materials, and elements contained on the Website and associated with the Chuys brand are the exclusive intellectual property of Chuys or its licensors, unless otherwise indicated. This includes, without limitation:

• Trademarks, trade names, service marks, logos, and brand identifiers associated with "Chuys" and chuys.rest.
• Website design, layout, graphics, photographs, illustrations, and visual elements.
• Written content, descriptions, recipes, marketing copy, and other textual materials.
• Software, source code, scripts, and technical infrastructure underlying the Website.
• Menu items, food concepts, culinary presentations, and related proprietary materials.

These materials are protected under United States copyright law (Title 17, U.S. Code), trademark law (Lanham Act, 15 U.S.C. § 1051 et seq.), trade secret law, and other applicable intellectual property statutes.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Website for personal, non-commercial purposes only. This license does not permit you to:

• Download, copy, or reproduce any Website content for commercial purposes.
• Modify or create derivative works based on our content.
• Distribute, publicly display, or commercially exploit any portion of our intellectual property.
• Remove or alter any copyright, trademark, or proprietary notices.

Any unauthorized use of our intellectual property may result in civil and/or criminal liability under applicable United States law. If you believe that any content on our Website infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement.

5. Online Ordering and Payment Terms

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase food items or services at the prices and specifications listed at the time of ordering. All orders are subject to acceptance by Chuys, and we reserve the right to decline or cancel any order at our discretion, including in cases of pricing errors, product unavailability, or suspected fraudulent activity.

By submitting an order, you confirm that all information provided, including delivery address, contact details, and payment information, is accurate and complete. Chuys shall not be liable for orders that cannot be fulfilled due to inaccurate information provided by the customer.

5.2 Pricing and Taxes

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales taxes, service fees, delivery charges, or gratuity unless expressly stated. All applicable federal, state, and local taxes will be calculated and added to your order total at checkout in accordance with the tax laws of the applicable jurisdiction.

5.3 Payment Processing

We accept various forms of payment as specified on our Website at the time of purchase. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Chuys (or its third-party payment processor) to charge the full order amount to your payment method.

All payment transactions are processed through secure, third-party payment processors. Chuys does not store full credit card or financial account numbers on its servers. By using our online payment services, you also agree to the terms and conditions of our third-party payment processors.

5.4 Cancellations and Refunds

Order cancellations must be requested within the timeframe specified at the time of ordering or in our cancellation policy published on the Website. Once a food order has been prepared or is in active preparation, cancellations may not be accepted, and refunds may not be issued. For complaints regarding order accuracy, food quality, or service issues, please contact us at [email protected] within twenty-four (24) hours of your experience. We will review each complaint on a case-by-case basis and may offer store credit, replacement, or refund at our sole discretion.

6. Food Safety, Allergens, and Dietary Information

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

Nutritional information, ingredient lists, and allergen disclosures provided on our Website are intended as a general guide only. Due to the nature of food preparation in a commercial kitchen environment, cross-contamination with allergens, including but not limited to nuts, gluten, dairy, eggs, shellfish, and soy, cannot be entirely eliminated. Customers with severe food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order.

Chuys shall not be held liable for adverse reactions, illness, or harm resulting from undisclosed allergens or dietary requirements not communicated to us at the time of ordering.

7. Disclaimers — Services Provided "As-Is"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES PROVIDED BY CHUYS ARE OFFERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER 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, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, MENU INFORMATION, PRICING, OR AVAILABILITY DISPLAYED ON THE WEBSITE.
• WARRANTIES RELATING TO THE RESULTS OBTAINED FROM USE OF THE SERVICES.

Chuys does not warrant that any defects or errors on the Website will be corrected. We make no representations or warranties regarding the reliability, quality, or suitability of any food items, ingredients, or services described on our Website.

Some jurisdictions do not allow the exclusion of implied warranties; therefore, some of the above exclusions may not apply to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, CHUYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES.
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL.
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, EXCEPT WHERE CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
• DAMAGES RELATED TO THIRD-PARTY SERVICES, DELIVERY PARTNERS, OR PAYMENT PROCESSORS UTILIZED IN CONNECTION WITH OUR SERVICES.

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

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations above may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

9. Indemnification

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

• Your violation of these Terms of Service or any applicable law or regulation.
• Your use or misuse of the Website or Services.
• Any content you submit, post, transmit, or make available through our Services.
• Your infringement of any third party's intellectual property, privacy, or other rights.
• Any fraudulent, negligent, or otherwise wrongful act or omission by you in connection with our Services.
• Any dispute between you and a third party arising from your use of our Services.

Chuys reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and in such event, you agree to cooperate with our defense of such claims. You must not settle any such claim without the prior written consent of Chuys.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Chuys operates, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms or your use of our Services shall be subject to the exclusive jurisdiction of the federal and state courts located in the United States, and you hereby consent to personal jurisdiction and venue in such courts.

These Terms are further subject to the applicable requirements of the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) regarding unfair or deceptive acts or practices, as well as other applicable federal consumer protection statutes. For users located in California, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) may provide additional rights with respect to your personal information, which are addressed in our separate Privacy Policy.

If you are a consumer residing in a state with specific consumer protection laws that may affect the interpretation or enforceability of these Terms, such laws shall apply to the extent required by law.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Chuys at [email protected] to attempt to resolve the dispute informally. We will make good-faith efforts to resolve the dispute within thirty (30) calendar days of receiving your written notice describing the nature of the dispute and the relief sought.

11.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, or the use of our Services, shall be resolved by binding arbitration, except as set forth in Section 11.4 below.

Arbitration shall be conducted by a recognized arbitration organization (such as the American Arbitration Association ("AAA") or JAMS) under its applicable rules, as modified by these Terms. The arbitration shall be conducted in English in the United States, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

The arbitrator shall have authority to award any remedy available at law or in equity, except that the arbitrator shall have no authority to award punitive damages unless expressly permitted by statute. The arbitration award shall be in writing and shall state the essential findings and conclusions on which it is based.

You may opt out of binding arbitration by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

11.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CHUYS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

11.4 Exceptions

Notwithstanding the foregoing arbitration agreement, 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.

12. 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. These links are provided for your convenience and informational purposes only. Chuys has no control over the content, privacy practices, or terms of service of any third-party websites and does not endorse or assume responsibility for any third-party content, products, or services.

We may also partner with third-party delivery services, payment processors, or other vendors to fulfill aspects of our Services. Such third-party service providers are subject to their own terms of service and privacy policies, and Chuys shall not be liable for their acts, omissions, or failure to perform.

Your use of third-party websites or services is at your own risk, and we encourage you to review the applicable terms and privacy policies of any third-party services you access.

13. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information obtained through the Website and Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your personal information as described therein.

We comply with applicable U.S. privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for qualifying California residents, the Children's Online Privacy Protection Act (COPPA), and applicable Federal Trade Commission guidelines regarding data privacy and consumer protection.

For any privacy-related inquiries or requests, please contact us at [email protected].

14. Term and Termination

14.1 Term

These Terms shall remain in full force and effect for as long as you use our Website or Services, unless earlier terminated in accordance with the provisions of this Section.

14.2 Termination by You

You may terminate your use of the Services at any time by discontinuing access to our Website and, where applicable, deleting your account. If you wish to request deletion of your account or associated personal data, please contact us at [email protected].

14.3 Termination by Chuys

Chuys reserves the right to suspend, restrict, or terminate your access to the Website and Services, with or without notice, at any time and for any reason, including but not limited to:

• Violation of any provision of these Terms.
• Suspected fraudulent, illegal, or abusive activity.
• Failure to pay for ordered services.
• Requests from law enforcement or other government authorities.
• Discontinuation of the Website or Services as a whole.

14.4 Effect of Termination

Upon termination of your access to our Services, all rights and licenses granted to you under these Terms will immediately cease. Sections relating to intellectual property, limitation of liability, indemnification, dispute resolution, and governing law shall survive any termination of these Terms.

15. Changes to Terms of Service

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

• Updating the "Last Updated" date at the top of this page.
• Posting a prominent notice on our Website.
• Sending an email notification to registered users, where applicable.

Your continued use of the Website or Services following the posting of revised Terms constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically to stay informed of any changes. If you do not agree to the revised Terms, you must discontinue use of our Website and Services.

No modification of these Terms by you shall be effective unless agreed to in writing and signed by an authorized representative of Chuys.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, unlawful, void, unenforceable, or contrary to public policy for any reason, that provision shall be deemed severed from these Terms to the minimum extent necessary, and the remainder of the Terms shall continue in full force and effect as if such provision had never been included.

The parties further agree that in such event, they shall make reasonable efforts to replace the invalid, unlawful, or unenforceable provision with a valid, lawful, and enforceable provision that, to the greatest extent possible, achieves the original intent and economic effect of the severed provision.

17. Waiver

The failure of Chuys to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of a breach or default hereunder shall not be deemed a waiver of any subsequent breach or default, and shall not affect the other terms of these Terms. No waiver by Chuys shall be effective unless made in writing and signed by an authorized representative of Chuys.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies or agreements expressly incorporated herein by reference, constitute the entire agreement between you and Chuys 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 subject matter hereof.

In the event of any conflict or inconsistency between these Terms and any other agreement or policy, these Terms shall govern with respect to your general use of the Website and Services, unless expressly stated otherwise in a separate written agreement signed by both parties.

19. Force Majeure

Chuys shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions or restrictions, power outages, internet service failures, civil unrest, labor disputes, supply chain disruptions, or other events of force majeure. In such circumstances, Chuys will make commercially reasonable efforts to resume normal operations as soon as practicable.

20. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, please contact us using the information below:

We strive to respond to all inquiries within five (5) business days. For urgent matters related to food safety or order emergencies, please contact us directly via email at [email protected] and mark your communication as urgent.

For legal notices required under these Terms, written communications must be sent to our email address listed above with "Legal Notice" clearly indicated in the subject line. We recommend using certified email delivery services for formal legal correspondence to ensure proper documentation.