Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at wingxsnob.digital (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 agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must discontinue use of our Site and services immediately.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the wingxsnob.digital website, mobile applications, or any related platforms, tools, or services offered by Wing Snob (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding contract between you ("User," "Customer," or "you") and Wing Snob.

Your continued use of the Services following the posting of any changes to these Terms will constitute your acceptance of those changes. If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, and the terms "you" and "your" shall refer to that entity.

You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction, to use our Services. By using the Services, you represent and warrant that you meet this age requirement. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion if we reasonably believe a user does not meet this requirement.

2. Description of Services

Wing Snob is a food service business operating within the United States, offering customers the ability to browse our menu, place food orders online, and access related informational content through our website at wingxsnob.digital. Our services may include, but are not limited to:

• Online ordering of food and beverage items, including chicken wings and related menu offerings;
• Delivery and/or pickup services, subject to availability in your area;
• Promotional offers, loyalty programs, and discount codes, as made available from time to time;
• Customer account creation and management tools;
• Customer support and inquiry handling via email and other communication channels;
• Informational content related to our menu, ingredients, allergen information, and business updates.

We reserve the right, at any time and without prior notice, to modify, suspend, or discontinue any part of our Services. Wing Snob shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services. Menu availability, pricing, and delivery areas are subject to change without notice and may vary by location.

Wing Snob may use third-party delivery service providers, payment processors, and other service vendors to facilitate your orders. Your use of such third-party services may be subject to additional terms and conditions imposed by those providers, and Wing Snob is not responsible for the actions, omissions, or policies of any third-party service provider.

3. User Accounts and Registration

Some features of the Services may require you to create a user account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Keep your login credentials confidential and not share your password with any third party;
• Notify us immediately at [email protected] if you suspect unauthorized use of your account or any other breach of security;
• Accept full responsibility for all activities that occur under your account.

Wing Snob reserves the right to suspend or terminate your account at any time, with or without cause, and without prior notice, including if we reasonably believe that you have violated these Terms. Upon termination, your right to use the Services will immediately cease.

4. User Obligations and Prohibited Activities

As a condition of your use of the Services, you agree to comply with all applicable local, state, and federal laws and regulations of the United States. You further agree that you will not engage in any of the following prohibited activities:

4.1 General Prohibited Conduct

• Using the Services for any unlawful purpose or in violation of any applicable laws or regulations;
• Submitting false, inaccurate, misleading, or fraudulent information, including fraudulent orders or payment information;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Engaging in any form of harassment, abuse, threats, or intimidation toward Wing Snob staff, agents, or other users;
• Attempting to gain unauthorized access to any part of the Services, servers, databases, or networks connected to our Site;
• Using automated scripts, bots, scrapers, or other automated means to access or collect data from the Services without our express written consent;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software used in connection with the Services;
• Uploading, transmitting, or distributing any viruses, malware, or other malicious code that could damage, disable, or impair the Services;
• Interfering with or disrupting the integrity or performance of the Services or any related systems;
• Reselling, transferring, or commercially exploiting any part of the Services without our express written authorization.

4.2 Order-Related Obligations

• You are responsible for ensuring that all order details you submit are accurate, including delivery address, contact information, and item selection;
• You agree not to place fraudulent or false orders. Any order placed with fraudulent intent may be reported to relevant law enforcement authorities;
• You must be present at the designated delivery location at the time of delivery, or arrange for an authorized recipient to accept the order on your behalf;
• You agree not to initiate chargebacks or payment disputes without first contacting Wing Snob to attempt to resolve the issue.

5. Intellectual Property Rights

All content available through the Services, including but not limited to text, graphics, logos, images, photographs, video content, audio clips, menu designs, brand elements, trade names, trademarks, service marks, and software (collectively, "Intellectual Property"), is the exclusive property of Wing Snob or its licensors and is protected under the intellectual property laws of the United States, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services and their content solely for your personal, non-commercial use. This license does not include the right to:

• Copy, reproduce, distribute, or publicly display any content from the Services without prior written consent;
• Modify, create derivative works from, or otherwise exploit any portion of the Services or its content;
• Use any Wing Snob trademarks, logos, or brand elements without express written authorization;
• Remove or alter any copyright, trademark, or other proprietary notices contained in or on the Services.

Any feedback, suggestions, ideas, or other communications you provide to Wing Snob regarding the Services ("Feedback") shall be deemed non-confidential and become the sole property of Wing Snob. We shall be entitled to use, reproduce, disclose, and distribute such Feedback for any purpose without any obligation or compensation to you.

6. Payment Terms

Wing Snob accepts various forms of payment as indicated at checkout, which may include major credit and debit cards, digital payment platforms, and other payment methods offered from time to time. By providing payment information, you represent and warrant that:

• The payment information you supply is true, correct, and complete;
• You are duly authorized to use the payment method provided;
• Charges incurred will be honored by your financial institution or payment provider;
• You will promptly notify us of any changes to your payment information.

6.1 Pricing and Taxes

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, service fees, or delivery charges, which will be calculated and displayed prior to the completion of your order. You are responsible for paying all applicable federal, state, and local taxes associated with your purchases.

6.2 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. However, if you receive an incorrect order, or if there is a significant quality issue with your order, please contact us at [email protected] within a reasonable time of receiving your order. We will evaluate each complaint on a case-by-case basis and may, at our sole discretion, offer a replacement, store credit, or partial or full refund.

Order cancellations may be accepted if the request is made before the order has entered preparation. Once an order has been confirmed and preparation has begun, cancellations may not be possible. We reserve the right to cancel any order and issue a full refund at our discretion, including in cases of suspected fraud, pricing errors, or unavailability of menu items.

6.3 Promotional Offers and Discounts

Promotional codes, discount offers, and loyalty rewards are subject to specific terms and expiration dates as communicated at the time of the offer. These offers may not be combined with other promotions unless expressly stated. Wing Snob reserves the right to revoke or modify promotional offers at any time without notice.

7. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT, PRODUCTS, AND FEATURES MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

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 OR COURSE OF PERFORMANCE;
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE SITE.

Wing Snob does not warrant that the Site will be available at all times, or that defects in the Site will be corrected. While we make reasonable efforts to ensure menu and allergen information is accurate and up to date, we do not guarantee the complete accuracy of such information. Users with food allergies, dietary restrictions, or specific health concerns are encouraged to contact us directly before placing an order.

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

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, IN NO EVENT SHALL WING SNOB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY:

IN NO EVENT SHALL WING SNOB'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO WING SNOB IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

The limitations of liability set forth above are fundamental elements of the basis of the bargain between Wing Snob and you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of these limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless Wing Snob and its officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your access to or use of the Services;
• Your violation of any provision of these Terms;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Your violation of any applicable federal, state, or local law or regulation;
• Any content you submit, post, or transmit through the Services;
• Any dispute between you and any third party, including delivery service providers or payment processors;
• Your fraudulent, negligent, or willful misconduct.

Wing Snob reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with Wing Snob in asserting any available defenses. This indemnification obligation will survive these Terms and your use of the Services.

10. Allergen and Food Safety Notice

Wing Snob prepares food products that may contain or come into contact with common allergens, including but not limited to peanuts, tree nuts, milk, eggs, wheat, soy, fish, and shellfish. Our kitchen is not an allergen-free environment, and cross-contamination may occur. We strongly encourage all customers with known food allergies or intolerances to contact us directly at [email protected] before placing an order.

Wing Snob shall not be liable for any adverse reactions, health consequences, or damages arising from the consumption of our food products by individuals with food allergies, sensitivities, dietary restrictions, or underlying health conditions. It is the sole responsibility of the customer to make informed decisions about the suitability of our products for their individual dietary needs.

11. Third-Party Links and Services

The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Wing Snob. We provide such links for your convenience only and do not endorse, control, or take responsibility for the content, privacy practices, or terms of any third-party websites or services. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.

Wing Snob may engage third-party delivery platforms, payment processors, and marketing service providers to facilitate aspects of the Services. While we make reasonable efforts to engage reputable third parties, we cannot guarantee the performance, reliability, or security of these third-party services, and we expressly disclaim all liability arising from your interactions with them.

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 laws of the state in which Wing Snob is registered and operating, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the applicable jurisdiction within the United States.

You consent to the personal jurisdiction of such courts and waive any objection to jurisdiction or venue in such courts. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

To the extent that applicable law requires us to comply with the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) and other consumer protection regulations enforced by the Federal Trade Commission ("FTC"), we acknowledge our obligations thereunder. Users who are residents of California may have additional rights under the California Consumer Privacy Act ("CCPA") and the California Privacy Rights Act ("CPRA"), which are addressed in our separate Privacy Policy.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution procedure, you agree to first contact Wing Snob in writing at [email protected] to describe the nature of your dispute and the relief you are seeking. Wing Snob will attempt to resolve the dispute informally within thirty (30) days of receiving your written notice. If we are unable to resolve the dispute within that time, either party may proceed to the formal dispute resolution procedures set forth below.

13.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, RATHER THAN IN A COURT OF LAW.

The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding, subject to limited judicial review as permitted under the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The arbitrator shall have the authority to award any relief that would be available in a court of law, subject to the limitations set forth in these Terms.

13.3 Class Action Waiver

YOU AND WING SNOB EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND WING SNOB EACH WAIVE ANY RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

13.4 Exceptions

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, without first engaging in the informal dispute resolution process or arbitration described above.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Services or maintain an account with Wing Snob. Wing Snob reserves the right to terminate or suspend your access to the Services, with or without notice, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Fraudulent, abusive, or unlawful conduct on your part;
• Requests from law enforcement or government authorities;
• Unforeseen technical or security issues;
• Extended periods of inactivity;
• Discontinuation of the Services by Wing Snob.

You may terminate your account at any time by contacting us at [email protected]. Upon termination of your account for any reason, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

15. Changes to These Terms

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

Your continued use of the Services after any such changes take effect will constitute your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the Services. We encourage you to review these Terms periodically to stay informed about your rights and obligations.

Changes to these Terms will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted, except for changes addressing new features of the Services or changes made for legal reasons, which will be effective immediately upon posting.

16. Force Majeure

Wing Snob shall not be liable for any failure or delay in the performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, war, civil unrest, terrorism, labor disputes, supply chain disruptions, power outages, internet service interruptions, or any other event of force majeure. In such circumstances, Wing Snob's obligations will be suspended for the duration of the force majeure event, and we will make reasonable efforts to resume normal operations as soon as practicable.

17. Electronic Communications

By using the Services or communicating with us via electronic means, you consent to receive communications from Wing Snob electronically, including by email and through notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of non-essential marketing communications by following the unsubscribe instructions contained in such communications or by contacting us directly.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms shall continue in full force and effect. The failure of Wing Snob to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision, nor shall any waiver by Wing Snob of any breach constitute a waiver of any subsequent breach.

These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Wing Snob with respect to the subject matter herein and supersede all prior and contemporaneous agreements, representations, warranties, and understandings between the parties, whether written or oral.

19. No Agency Relationship

Nothing in these Terms shall be construed to create any partnership, joint venture, employment, agency, franchise, or fiduciary relationship between you and Wing Snob. You do not have authority to enter into any obligation or make any representation on behalf of Wing Snob, and Wing Snob does not have authority to enter into any obligation or make any representation on your behalf.

20. 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 assign these Terms, in whole or in part, at any time without your consent, including in connection with a merger, acquisition, sale of assets, corporate restructuring, or by operation of law. Any purported assignment in violation of this section shall be null and void. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

21. Entire Agreement

These Terms of Service, together with Wing Snob's Privacy Policy and any additional terms and conditions that may apply to specific services or promotions, constitute the entire agreement between you and Wing Snob with respect to the use of the Services. These Terms supersede all prior or contemporaneous communications, representations, warranties, and agreements, whether written or oral, between you and Wing Snob regarding the Services. In the event of a conflict between these Terms and any other Wing Snob policy, these Terms shall govern, unless expressly stated otherwise.

22. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you wish to report a violation, please contact Wing Snob using the information below: