Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at snob-wings.top (the "Website") or any services offered by Wing Snob ("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 all use of our Website and services.

1. Acceptance of Terms

By visiting, browsing, or otherwise using the snob-wings.top website, placing an order, creating an account, or engaging with any content or service provided by Wing Snob, you ("User," "Customer," or "you") expressly agree to these Terms of Service. This Agreement constitutes a legally binding contract between you and Wing Snob, governed by the laws of the United States and applicable state laws.

These Terms apply to all visitors, users, registered customers, and any other individuals who access or use the services in any manner. If you are using our services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, and the term "you" shall refer to that entity.

We reserve the right to update, modify, or replace any part of these Terms at any time. We will notify users of material changes by posting the updated Terms on our Website with a revised effective date. Your continued use of the Website or services following any changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically.

Users must be at least 13 years of age to use our Website. If you are under the age of 18, you may only use our services with the involvement and consent of a parent or legal guardian. By using our services, you represent and warrant that you meet the applicable age requirements.

2. Description of Services

Wing Snob is a food service business that provides customers with the ability to browse our menu, place orders for food and beverages (including but not limited to chicken wings, sides, sauces, and related food items), and engage with our brand through our digital platforms. Our services may include, but are not limited to:

• Online ordering and delivery coordination for food products
• Pickup order processing and management
• Display and promotion of menu items, pricing, and special offers
• Customer account creation and management
• Loyalty programs, promotional codes, and discount offers
• Customer support and communication services
• Catering inquiry and special event order requests
• Publication of nutritional information, allergen disclosures, and food content details

Wing Snob reserves the right, at its sole discretion, to modify, suspend, or discontinue any aspect of its 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.

We make reasonable efforts to ensure that all menu items and prices displayed on our Website are accurate and up to date. However, we do not guarantee that menu descriptions, pricing, availability, or images are error-free at all times. In the event of a pricing or descriptive error, we reserve the right to cancel any affected orders and issue a full refund.

Certain services, such as delivery, may be fulfilled in whole or in part by third-party providers. We are not responsible for the acts or omissions of such third-party providers. By using delivery services, you agree to any additional terms and conditions imposed by those third-party providers.

3. User Obligations and Prohibited Activities

As a condition of your use of Wing Snob's Website and services, you agree to comply with all applicable federal, state, and local laws and regulations. You represent and warrant that all information you provide to us is accurate, complete, and current.

3.1 User Obligations

You agree to:

• Provide accurate and truthful information when creating an account or placing an order
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access to or use of your account
• Use our services only for lawful, personal, non-commercial purposes unless expressly authorized otherwise
• Comply with all applicable food safety and health guidelines when receiving and handling food products
• Be present at the designated delivery address or pickup location at the agreed-upon time
• Ensure that any individual accepting delivery on your behalf is of legal age if applicable

3.2 Prohibited Activities

You agree that you will NOT:

• Use our Website or services for any unlawful, fraudulent, or deceptive purpose
• Impersonate any person or entity or falsely claim an affiliation with any person or entity
• Attempt to gain unauthorized access to any portion of our Website, servers, databases, or systems
• Introduce viruses, malware, ransomware, or any other malicious code or software into our systems
• Use automated scripts, bots, scrapers, or similar tools to access, collect, or exploit data from our Website without prior written consent
• Engage in any activity that disrupts, interferes with, or imposes an unreasonable burden on our Website's infrastructure
• Reverse engineer, decompile, or disassemble any software or technology underlying our Website or services
• Place fraudulent orders or use stolen, unauthorized, or invalid payment information
• Abuse promotional codes, discounts, or loyalty program benefits through fraudulent means
• Harass, threaten, intimidate, or abuse our employees, contractors, or other users
• Post, upload, or transmit any content that is defamatory, obscene, offensive, discriminatory, or otherwise objectionable
• Violate the intellectual property rights of Wing Snob or any third party
• Resell or commercially exploit any products or services obtained through our Website without our express written consent
• Engage in any conduct that could damage the reputation or goodwill of Wing Snob

Wing Snob reserves the right to investigate any suspected violations of these Terms and to take appropriate action, including but not limited to suspending or terminating your account, refusing service, and referring matters to law enforcement authorities where appropriate.

4. Intellectual Property Rights

All content, materials, and intellectual property available on or through the Wing Snob Website are the exclusive property of Wing Snob or its licensors, and are protected by applicable United States and international intellectual property laws, including the Lanham Act (15 U.S.C. §§ 1051 et seq.), the Copyright Act (17 U.S.C. §§ 101 et seq.), and other applicable statutes and regulations.

The Wing Snob name, logo, brand identity, trade dress, slogans, menu designs, website design, graphics, photographs, written content, audio, video, software, and all other materials displayed on or associated with our Website (collectively, "Intellectual Property") are proprietary to Wing Snob. Unauthorized use, reproduction, distribution, modification, or public display of our Intellectual Property is strictly prohibited.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website solely for your personal, non-commercial use in connection with placing orders and using our services as intended. This license does not include the right to:

• Reproduce, distribute, or publicly display any content from our Website
• Create derivative works based on our content or Intellectual Property
• Use our trademarks, logos, or brand elements without prior written authorization
• Frame or mirror our Website on any other website or platform
• Use any meta tags or hidden text using our name or trademarks

Any feedback, suggestions, reviews, or ideas you submit to us regarding our products or services may be used by Wing Snob at its discretion without any obligation of compensation or attribution to you. By submitting such feedback, you grant Wing Snob a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and distribute your feedback for any purpose.

5. Ordering and Payment Terms

Wing Snob offers customers the ability to place orders for food products through our Website. All orders are subject to availability and acceptance by Wing Snob. We reserve the right to refuse, cancel, or limit any order at our sole discretion.

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected items at the listed prices. Your order is confirmed only when you receive an order confirmation from Wing Snob. We reserve the right to decline any order at any time prior to fulfillment without liability.

Menu item availability may vary based on location, time, and inventory. If an item becomes unavailable after your order is placed, we will notify you and provide a refund for the unavailable item or offer a suitable substitute at your discretion.

5.2 Pricing and Taxes

All prices displayed on our Website are in U.S. dollars (USD) and are subject to change without prior notice. Applicable sales taxes, delivery fees, and service charges will be calculated and disclosed at checkout before you complete your purchase. You are responsible for all taxes applicable to your transaction under federal, state, and local law.

5.3 Payment Methods

We accept major credit and debit cards, and may accept other payment methods as displayed on our Website. By providing payment information, you represent and warrant that you are authorized to use the payment method provided and that the payment information is accurate. Wing Snob uses industry-standard encryption and security measures to protect your payment information. However, we are not responsible for unauthorized access to payment data resulting from circumstances beyond our reasonable control.

5.4 Refunds and Cancellations

All sales are generally final. However, if you receive an incorrect or defective order, or if your order fails to meet the quality standards represented, please contact us at [email protected] within a reasonable time of receipt. We will review your request and, at our sole discretion, offer a refund, replacement, or store credit. Refunds, if approved, will be processed to your original payment method within a commercially reasonable timeframe, subject to your financial institution's processing times.

Order cancellations must be requested before the order has entered the preparation stage. Once food preparation has begun, cancellations may not be possible, and refunds may not be issued.

5.5 Promotional Offers and Discounts

Wing Snob may offer promotional codes, discount offers, and special pricing from time to time. Such offers are subject to additional terms and conditions and may be limited in availability, duration, or eligibility. Promotional codes may not be combined with other offers unless expressly stated. Wing Snob reserves the right to modify or discontinue any promotional offer at any time without notice.

6. Food Allergen and Nutritional Information

Wing Snob makes reasonable efforts to provide accurate information regarding allergens, ingredients, and nutritional content of our menu items. However, our food products are prepared in shared kitchen environments where cross-contact with allergens, including but not limited to peanuts, tree nuts, milk, eggs, wheat, soy, fish, and shellfish, is possible.

If you have a food allergy, intolerance, or dietary restriction, it is your responsibility to notify us at the time of ordering and to make an informed decision regarding the suitability of our products for your needs. Wing Snob does not guarantee that any menu item is completely free of any allergen. We strongly encourage individuals with severe food allergies to consult with their healthcare provider before consuming our products.

Wing Snob shall not be liable for any adverse reactions, health consequences, or injuries resulting from the consumption of our food products by individuals with known or unknown food allergies or dietary restrictions.

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WING SNOB WEBSITE AND ALL SERVICES, CONTENT, AND PRODUCTS OFFERED BY WING SNOB ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES 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 REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF CONTENT ON OUR WEBSITE
• WARRANTIES THAT OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS BEYOND APPLICABLE REGULATORY STANDARDS
• WARRANTIES RELATED TO THIRD-PARTY SERVICES, DELIVERY PROVIDERS, OR LINKED WEBSITES

Some states do not allow the exclusion of implied warranties, so some of the above disclaimers 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 FEDERAL AND STATE LAW, WING SNOB, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS 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, SERVICES, OR PRODUCTS, EVEN IF WING SNOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Personal injury or property damage resulting from the use of our products or services
• Unauthorized access to or alteration of your account or data
• Errors, omissions, or inaccuracies in content on our Website
• Interruption or cessation of our services
• Any bugs, viruses, or harmful code transmitted through our Website by third parties

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

Some jurisdictions do not allow the limitation of liability for consequential or incidental damages, so the above limitation may not apply to you in its entirety.

9. Indemnification

You agree to defend, indemnify, and hold harmless Wing Snob and its owners, officers, directors, employees, agents, contractors, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or in connection with:

• Your use of or access to our Website, services, or products
• Your violation of any provision of these Terms of Service
• Your violation of any applicable federal, state, or local law or regulation
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or contractual rights
• Any content you submit, post, or transmit through our Website
• Your fraudulent, negligent, or intentional misconduct
• Any dispute between you and a third party arising from your use of our services

Wing Snob reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Wing Snob in asserting any available defenses.

10. Privacy and Data Protection

Your use of Wing Snob's Website and services is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. By using our services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

Wing Snob complies with applicable federal and state privacy laws, including the Federal Trade Commission Act (15 U.S.C. § 45), and, to the extent applicable, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), for California residents. If you are a California resident, you may have additional rights regarding your personal information, as further described in our Privacy Policy.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, or services that are not owned or controlled by Wing Snob. These links are provided for your convenience only. Wing Snob has no control over the content, privacy practices, or terms of third-party websites and is not responsible for any damage, harm, or loss arising from your use of or reliance on such third-party services.

The inclusion of any link on our Website does not imply endorsement, sponsorship, or affiliation with the linked website or its operators. We encourage you to review the terms and privacy policies of any third-party websites you visit.

12. 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 applicable state laws of the state in which Wing Snob operates, without regard to any conflict of law principles that would require the application of the laws of another jurisdiction.

Any legal action or proceeding arising out of or related to these Terms or your use of our services that is not subject to arbitration under Section 13 shall be brought exclusively in the competent federal or state courts located within the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue in such courts.

Wing Snob's services and Website are operated within the United States and are intended for use by residents and visitors within the United States. We make no representations that our services are appropriate or lawful for use in other locations. Those who access our Website from outside the United States do so at their own risk and are responsible for compliance with applicable local laws.

These Terms shall be interpreted in accordance with applicable provisions of the Uniform Commercial Code (UCC), the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.), and other applicable federal statutes where relevant. Consumer protection rights are governed by the Federal Trade Commission Act and applicable state consumer protection statutes.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or Wing Snob's services by contacting us directly at [email protected]. We will make good-faith efforts to resolve the matter within thirty (30) days of receiving your written notice of the dispute.

13.2 Binding Arbitration

If informal resolution efforts are unsuccessful, any unresolved dispute, claim, or controversy arising out of or related to these Terms, their breach, interpretation, or enforcement, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA), or another mutually agreed-upon arbitration body. The arbitration shall be conducted in English in the United States.

The arbitrator shall have authority to award any relief that a court of competent jurisdiction could award, including monetary damages and injunctive relief. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Each party shall bear its own costs and attorneys' fees in connection with the arbitration, unless the arbitrator determines that a claim or defense was frivolous or asserted in bad faith, in which case the arbitrator may award fees and costs to the prevailing party.

13.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RESOLVE DISPUTES WITH WING SNOB ON AN INDIVIDUAL BASIS ONLY, AND NOT AS PART OF ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST WING SNOB.

13.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in a small claims court of competent jurisdiction for disputes that qualify under the applicable jurisdictional and monetary limits of such court.

13.5 Exceptions

Nothing in this Section shall prevent either party from seeking emergency injunctive or equitable relief from a court of competent jurisdiction to protect its intellectual property rights or confidential information pending arbitration.

14. Term and Termination

These Terms of Service remain in full force and effect while you use our Website or services. Wing Snob reserves the right, at its sole discretion, to:

• Suspend or terminate your account or access to our services at any time, with or without cause, and with or without prior notice
• Refuse service to any individual or entity for any lawful reason
• Modify, discontinue, or restrict access to any feature or service

Grounds for termination may include, without limitation, violation of these Terms, fraudulent activity, abusive behavior, or failure to pay for services rendered. Upon termination, your right to access and use our services will immediately cease.

You may discontinue your use of our services at any time by ceasing to access our Website and, if applicable, by requesting deletion of your account by contacting us at [email protected].

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to, intellectual property rights, disclaimers, limitation of liability, indemnification, and dispute resolution provisions.

15. Changes to These Terms

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

Your continued use of our Website or services after the effective date of any revised Terms constitutes your acceptance of the updated Terms. If you do not agree with any changes to these Terms, you must stop using our services immediately.

We encourage you to review these Terms periodically to stay informed about your rights and obligations. The most current version of these Terms will always be available at snob-wings.top.

16. Severability

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

The parties agree that a court or arbitrator should endeavor to give effect to the parties' original intentions as reflected in such provision to the greatest extent possible in light of 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 its Website, constitute the entire agreement between you and Wing Snob with respect to your use of our Website and services. These Terms supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, between you and Wing Snob.

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. All waivers 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 delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond Wing Snob's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, labor disputes, utility failures, supply chain disruptions, civil unrest, terrorism, war, or any other event of force majeure.

In the event of a force majeure occurrence, Wing Snob will make commercially reasonable efforts to notify affected customers and resume normal operations as soon as reasonably practicable.

19. Accessibility

Wing Snob is committed to making our Website accessible to users of all abilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, and applicable provisions of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience any difficulty accessing our Website due to a disability, please contact us at [email protected] and we will make reasonable accommodations to assist you.

20. Electronic Communications

By using our Website and services, you consent to receive electronic communications from Wing Snob, including but not limited to order confirmations, receipts, promotional offers, and service announcements. You agree that any notices, agreements, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of promotional electronic communications at any time by following the unsubscribe instructions included in such communications or by contacting us directly. Please note that opting out of marketing communications will not affect your receipt of transactional communications related to your orders or account.

21. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you need to report a violation or submit a legal inquiry, please contact Wing Snob using the information below:

We aim to respond to all inquiries within five (5) business days. For urgent matters related to food safety or order issues, we encourage you to contact us by email for the fastest response.