Terms of Service

Please read these Terms of Service carefully before using the website choptnow.digital or any services offered by Chopt. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be legally bound by these Terms of Service. 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 contract between you ("User," "Customer," "you," or "your") and Chopt ("Company," "we," "us," or "our"), governing your access to and use of the website located at choptnow.digital (the "Site"), as well as all related services, features, content, and functionality offered through the Site or in connection with our food business operations (collectively, the "Services").

By accessing our Site, creating an account, placing an order, making a purchase, subscribing to any program, or otherwise interacting with our Services in any manner, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or are accessing the Site under the supervision of a parent or legal guardian who also agrees to these Terms;
• You have the legal capacity and authority to enter into a binding agreement;
• You are not prohibited by any applicable law from using our Services.

If you are using the Services on behalf of a business entity, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, and all references to "you" shall apply to that entity.

These Terms incorporate by reference our Privacy Policy, which is available at choptnow.digital/privacy-policy. Your continued use of the Services following the posting of any updates or modifications to these Terms constitutes your acceptance of such changes.

2. Description of Services

Chopt is a food business operating in the United States that provides customers with access to food-related products, ordering capabilities, menu information, nutritional data, catering inquiries, and related services through its digital platform at choptnow.digital. Our Services may include, but are not limited to:

• Online Food Ordering: Placing orders for food and beverages offered by Chopt, including individual meals, combo options, catering packages, and specialty items;
• Account Management: Creating, maintaining, and managing a personal user account for faster checkout, order history, and saved preferences;
• Menu Browsing: Accessing detailed menu information, ingredient lists, allergen disclosures, and nutritional data;
• Loyalty and Rewards Programs: Participating in any promotional programs, loyalty rewards, discount schemes, or special offers made available by Chopt from time to time;
• Catering and Bulk Orders: Submitting inquiries or orders for catering services for events, corporate gatherings, and group dining occasions;
• Customer Support: Accessing help resources, submitting feedback, and contacting our support team for assistance with orders or general inquiries;
• Delivery and Pickup Coordination: Coordinating delivery logistics or scheduling in-store or curbside pickup for orders placed through the Site.

Chopt reserves the right to modify, suspend, expand, or discontinue any aspect of the Services at any time, with or without notice. We do not guarantee that any particular feature or service will remain available indefinitely. The availability of menu items, pricing, and delivery zones may vary based on location, time, and operational capacity.

3. User Accounts and Registration

Certain features of the Services may require you to register for an account. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your login credentials, including your username and password.

You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or any breach of security. Chopt will not be liable for any loss or damage arising from unauthorized use of your account. You may not transfer, sell, or assign your account to any third party without the prior written consent of Chopt.

Chopt reserves the right to suspend or terminate your account at its sole discretion if we determine that you have violated these Terms, engaged in fraudulent activity, or otherwise posed a risk to the integrity of our Services or the safety of other users.

4. User Obligations and Prohibited Activities

As a condition of accessing and using our Services, you agree to use the Site and all associated features in a lawful, ethical, and responsible manner consistent with these Terms and all applicable federal, state, and local laws and regulations.

4.1 General User Obligations

You agree to:

• Provide truthful and accurate information when placing orders, creating accounts, or communicating with Chopt;
• Comply with all applicable laws, regulations, and ordinances governing your use of the Services;
• Use the Services only for lawful, personal, or authorized commercial purposes;
• Respect the intellectual property rights of Chopt and all third parties;
• Pay all charges, fees, and applicable taxes associated with your orders and use of the Services.

4.2 Prohibited Activities

You expressly agree that you will NOT:

• Use the Services for any unlawful, fraudulent, deceptive, or unauthorized purpose;
• Impersonate any person or entity, or falsely claim an affiliation with Chopt or any other organization;
• Attempt to gain unauthorized access to any part of the Site, server, database, or other system connected to the Services;
• Use automated scripts, bots, scrapers, crawlers, or similar tools to extract data from the Site without express written permission;
• Transmit any viruses, malware, ransomware, or other harmful or disruptive code through the Site;
• Interfere with or disrupt the integrity or performance of the Site or its related infrastructure;
• Submit false, fraudulent, or duplicate orders with the intent to manipulate pricing, promotions, or inventory;
• Abuse, threaten, harass, or harm any Chopt employee, representative, or other user;
• Attempt to reverse engineer, decompile, disassemble, or otherwise discover the source code of the Site or its components;
• Use the Services to collect personal information of other users without their express consent;
• Violate any rights of any third party, including privacy rights, intellectual property rights, or contractual rights;
• Post or transmit any content that is defamatory, obscene, hateful, discriminatory, or otherwise objectionable.

Violation of these prohibitions may result in immediate termination of your account and access to the Services, and may subject you to civil or criminal liability under applicable law.

5. Intellectual Property Rights

All content available on or through the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video content, digital downloads, data compilations, software, and the overall design and layout of the Site (collectively, "Content"), is the proprietary property of Chopt or its licensors and is protected by United States and international copyright, trademark, patent, and other intellectual property laws.

The Chopt name, logo, brand marks, slogans, and all related trade names, trademarks, and service marks are proprietary to Chopt. You are expressly prohibited from using, reproducing, displaying, modifying, distributing, or creating derivative works from any of our trademarks or brand materials without prior written authorization from Chopt.

Subject to your compliance with these Terms, Chopt grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial use to browse menu offerings and place food orders. This license does not include the right to:

• Reproduce or distribute any Content for commercial purposes;
• Modify or create derivative works based on the Site or its Content;
• Publicly display or perform any portion of the Site's Content;
• Use data mining, scraping, or similar data extraction tools against the Site.

Any use of the Site not expressly permitted by these Terms is a breach of this Agreement and may violate copyright, trademark, and other applicable laws. Unauthorized use will result in termination of the license granted herein and may expose you to legal liability.

6. Payment Terms

Certain Services, including the purchase of food items, delivery services, and catering packages, require payment. By placing an order or making a purchase through the Site, you agree to the following payment terms:

6.1 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable taxes unless stated otherwise. Sales tax and other applicable fees will be calculated and added to your order total at checkout based on your delivery or pickup location in accordance with applicable state and local tax laws.

6.2 Payment Methods

Chopt accepts various payment methods, which may include major credit cards, debit cards, and other electronic payment options as displayed on the Site at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Chopt to charge your payment method for all amounts due.

6.3 Order Confirmation

An order is not confirmed until you receive a written or electronic confirmation from Chopt. We reserve the right to cancel or refuse any order at our discretion, including due to pricing errors, item unavailability, suspected fraud, or system errors. In the event of cancellation due to our error or unavailability, you will receive a full refund.

6.4 Refunds and Cancellations

Refund and cancellation policies vary depending on the type of order (standard delivery, catering, etc.) and the timing of the cancellation request. Please contact us at [email protected] for assistance with refunds or order modifications. We reserve the right to assess cancellation fees for catering orders canceled within a specified timeframe prior to the event date.

6.5 Promotions and Discounts

Promotional codes, coupons, and discounts are subject to their own specific terms and conditions. Unless otherwise stated, promotions may not be combined, transferred, or redeemed for cash. Chopt reserves the right to modify or revoke promotional offers at any time without notice.

7. Food Safety, Allergen, and Nutritional Information

Chopt endeavors to provide accurate and up-to-date information regarding ingredients, allergens, and nutritional content of menu items. However, food products are prepared in shared kitchen environments, and cross-contamination with allergens including but not limited to nuts, dairy, gluten, eggs, soy, shellfish, and other common allergens may occur.

If you have a food allergy, dietary restriction, or medical condition that requires specific dietary accommodations, it is your responsibility to notify us at the time of ordering and to independently verify ingredient information. Chopt does not guarantee that any menu item is free from specific allergens. We strongly encourage customers with severe allergies or medical dietary needs to consult with a healthcare professional before consuming our products.

8. Third-Party Services and Links

The Site may contain links to third-party websites, platforms, services, or applications (collectively, "Third-Party Services") that are not owned or controlled by Chopt. These links are provided for your convenience only. Chopt has no control over, and assumes no responsibility for, the content, privacy policies, practices, or terms of any Third-Party Services.

Your use of any Third-Party Services is governed by the terms and conditions and privacy policies of those third parties. We encourage you to review the terms and privacy policies of any Third-Party Services you visit or use. Chopt expressly disclaims all liability for any damages or losses arising from your use of Third-Party Services.

Chopt may partner with third-party delivery platforms, payment processors, analytics providers, and marketing services in connection with the operation of the Site. These relationships do not constitute an endorsement or recommendation of such third parties by Chopt.

9. Disclaimer of Warranties

THE SITE AND ALL SERVICES 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, CHOPT 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, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE SITE;
• WARRANTIES THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION, ERRORS, OR DEFECTS;
• WARRANTIES THAT THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE QUALITY, SAFETY, TASTE, OR NUTRITIONAL CONTENT OF ANY FOOD PRODUCT.

No advice or information, whether oral or written, obtained from Chopt or through the Site, shall create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of implied warranties, so certain exclusions above may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL CHOPT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities;
• Loss of data or information;
• Loss of goodwill or reputation;
• Business interruption;
• Personal injury or property damage not caused by our negligence;
• Any damages arising from unauthorized access to or alteration of your transmissions or data;
• Any damages arising from your reliance on information obtained through the Site.

THESE LIMITATIONS APPLY WHETHER THE CLAIM ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF CHOPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CHOPT'S TOTAL CUMULATIVE LIABILITY 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 CHOPT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some states, including New Jersey and Massachusetts, do not allow certain limitations on implied warranties or liability, so portions of the above limitations may not apply in those jurisdictions. In such cases, liability will be limited to the fullest extent permitted by applicable law.

11. Indemnification

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

• Your use of the Site or Services in violation of these Terms;
• Your violation of any applicable law, rule, or regulation;
• Your infringement or misappropriation of any intellectual property right, privacy right, or other right of any third party;
• Your submission of false, misleading, or fraudulent information or orders;
• Any content you submit, post, or transmit through the Site;
• Your negligent or intentional misconduct;
• Any dispute between you and any third party in connection with the use of the Services.

Chopt reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with Chopt's defense of such claim. You shall not settle any claim without the prior written consent of Chopt.

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 state laws of the jurisdiction in which Chopt principally operates, without regard to its conflict of law provisions.

To the extent that any legal action or proceeding is required and permitted under these Terms, you agree to submit to the exclusive personal jurisdiction of the federal and state courts located in the United States. You waive any objection to jurisdiction, venue, or inconvenient forum in such courts.

These Terms are subject to and shall be interpreted in compliance with applicable federal laws, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) governing unfair or deceptive business practices, applicable state consumer protection statutes, and to the extent applicable, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for customers who are California residents.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") by contacting Chopt directly at [email protected] and providing a written description of the Dispute, your proposed resolution, and your contact information. We will attempt to address your concerns within thirty (30) days of receipt.

13.2 Binding Arbitration

If a Dispute cannot be resolved through informal negotiation within thirty (30) days, you and Chopt agree that any such Dispute shall be finally resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, as modified by these Terms. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

The arbitration shall take place at a mutually agreed location within the United States, or via remote hearing if agreed by both parties. The arbitrator shall have authority to award any remedy that would be available in a court of law. Judgment upon the arbitrator's award may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CHOPT AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, or to preserve the status quo pending arbitration. Nothing in this section shall be deemed to waive Chopt's right to seek injunctive relief or other equitable remedies in connection with violations of these Terms.

13.5 Time Limitation

Any claim or cause of action you may have arising out of or related to these Terms or use of the Services must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred. This limitation applies regardless of any statute or law to the contrary, to the extent permitted by applicable law.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or Services. Chopt reserves the right, in its sole discretion and without prior notice or liability, to suspend or terminate your access to the Services at any time, for any reason, including but not limited to:

• Your breach or violation of any provision of these Terms;
• Engaging in fraudulent, deceptive, or illegal conduct;
• Threatening or harassing Chopt employees or other users;
• Conduct that Chopt reasonably determines may harm its business, reputation, or legal interests;
• Extended periods of account inactivity.

You may also terminate your use of the Services at any time by discontinuing use of the Site and, if applicable, deleting your account. Upon termination for any reason:

• Your license to use the Services shall immediately cease;
• Any outstanding payment obligations shall survive termination;
• Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, and dispute resolution provisions.

15. Changes to These Terms

Chopt reserves the right to update, revise, or modify these Terms of Service at any time in its sole discretion. When we make material changes to these Terms, we will provide notice by updating the "Last Updated" date at the top of this page and, where required by applicable law or where reasonably practicable, by sending you an email notification to the address associated with your account or by posting a prominent notice on the Site.

It is your responsibility to review these Terms periodically. Your continued access to or use of the Services following the posting of any modified Terms constitutes your binding acceptance of those changes. If you do not agree to the revised Terms, you must immediately discontinue your use of the Services and, if applicable, close your account.

We encourage you to bookmark this page and visit it regularly to stay informed of any updates. The most current version of these Terms will always be accessible at choptnow.digital/terms-of-service.

16. Severability

If any provision, clause, or portion of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable for any reason, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect without being impaired or invalidated in any way.

In the event that a provision is found unenforceable, the parties agree that the court or arbitrator shall modify such provision to the minimum extent necessary to make it enforceable, while preserving the original intent of the parties as closely as possible. The invalidity or unenforceability of any provision in a particular jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

17. Additional Legal Provisions

17.1 Entire Agreement

These Terms of Service, together with the Privacy Policy and any other policies or agreements incorporated by reference herein, constitute the entire agreement between you and Chopt with respect to your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Services.

17.2 Waiver

No failure or delay by Chopt in exercising any right, power, or privilege under these Terms shall operate as a waiver of such right. No single or partial exercise of any right, power, or privilege shall preclude any further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any other rights or remedies that may be available at law or in equity.

17.3 Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without the prior written consent of Chopt. Chopt may freely assign or transfer these Terms, in whole or in part, without restriction. Any attempted assignment in violation of this provision 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.

17.4 Force Majeure

Chopt shall not be liable for any failure or delay in the performance of its obligations under these Terms resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, war, civil unrest, labor disputes, supply chain disruptions, power outages, internet service interruptions, or any other force majeure event. In such circumstances, Chopt's obligations shall be suspended for the duration of the force majeure event.

17.5 Electronic Communications

By using the Services, you consent to receive electronic communications from Chopt, including order confirmations, receipts, promotional offers (if opted in), policy updates, and legal notices. You agree that any such electronic communications satisfy any legal requirement that such communications be in writing. Notices from you to Chopt must be sent to [email protected] or via the contact methods provided in Section 18 below.

17.6 California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an email to [email protected]. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.

Additionally, California residents have specific rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), including the right to know, access, delete, correct, and opt out of the sale or sharing of personal information. These rights are further described in our Privacy Policy.

18. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you need to contact Chopt for any matter related to your use of the Services, please reach out to us using the following contact information:

We will make every reasonable effort to respond to your inquiries within a timely manner. For urgent matters related to food safety or order issues, please use the email address provided above and indicate the urgency in the subject line of your message.