Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at wings-over.rest (the "Website") or any services offered by Wings Over ("Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Wings Over governing your access to and use of our Website, online ordering platform, and food-related services.

1. Acceptance of Terms

By accessing, browsing, or using the Website at wings-over.rest, placing an order, creating an account, or otherwise engaging with any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable federal, state, and local laws and regulations of the United States of America.

If you do not agree with any part of these Terms, you must immediately discontinue your use of our Website and services. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

You represent and warrant that:

• You are at least eighteen (18) years of age or the age of majority in your jurisdiction;
• You have the legal capacity to enter into binding contracts;
• You are not barred from receiving services under applicable law;
• You will use our services only for lawful purposes and in accordance with these Terms.

If you are using our services on behalf of a business entity, you represent that you have authority to bind that entity to these Terms, and these Terms apply to both you individually and the entity you represent.

2. Description of Services

Wings Over is a food service company that provides the following services through its website and associated platforms:

2.1 Food Ordering and Delivery

We offer customers the ability to browse our menu, place food orders online, and arrange for pickup or delivery of prepared food items. Our menu includes, but is not limited to, chicken wings, side dishes, sauces, beverages, and other food products prepared at our establishment.

2.2 Online Platform and Digital Services

Our Website provides a digital interface through which customers may:

• Browse and review available menu items, pricing, and descriptions;
• Place individual or group food orders for pickup or delivery;
• Create and manage user accounts to track order history;
• Access promotional offers, discounts, and loyalty program benefits;
• Communicate with customer service representatives;
• Provide feedback and reviews of our food and services.

2.3 Catering and Special Event Services

We may offer catering services for events, gatherings, and corporate functions. Specific terms and conditions for catering services may be provided separately and shall be incorporated into these Terms by reference when applicable.

2.4 Third-Party Delivery Services

Wings Over may partner with third-party delivery service providers to fulfill delivery orders. When orders are fulfilled through third-party services, additional terms and conditions of those service providers may apply. Wings Over is not responsible for the acts or omissions of third-party delivery partners beyond our reasonable control.

We reserve the right to modify, suspend, discontinue, or expand any aspect of our services at any time without prior notice, subject to applicable law. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

3. User Accounts and Registration

3.1 Account Creation

Certain features of our Website may require you to create a user 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 account credentials, including your username and password.

3.2 Account Security

You agree to notify us immediately at [email protected] of any unauthorized use of your account or any other security breach. Wings Over will not be liable for any loss or damage arising from your failure to safeguard your account information. You may be held liable for losses incurred by Wings Over or other parties due to unauthorized use of your account that results from your failure to exercise reasonable care in protecting your credentials.

3.3 Account Termination by User

You may request deletion of your account at any time by contacting us at [email protected]. Account deletion will be processed in accordance with our Privacy Policy and applicable law.

4. User Obligations and Prohibited Activities

4.1 General User Obligations

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

• Provide accurate and complete information when placing orders or creating accounts;
• Pay all applicable charges, taxes, and fees associated with your orders in a timely manner;
• Comply with all applicable federal, state, and local laws in connection with your use of our services;
• Treat our staff, delivery personnel, and other users with respect and courtesy;
• Use the Website only for its intended purpose of accessing food ordering and related services;
• Keep your account information current and accurate at all times.

4.2 Prohibited Activities

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

• Fraudulent Activity: Placing fraudulent orders, using stolen payment information, or engaging in chargebacks without legitimate cause;
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, other user accounts, or our backend systems;
• Interference: Interfering with or disrupting the integrity, security, or performance of the Website or its underlying servers and networks;
• Scraping and Data Mining: Using automated means, bots, scrapers, crawlers, or similar tools to access, collect, or harvest data from the Website without our express written permission;
• Harmful Content: Uploading, transmitting, or distributing any viruses, malware, spyware, or other malicious or harmful code;
• False Representations: Impersonating any person or entity, or falsely claiming an affiliation with any person or entity;
• Harassment: Harassing, threatening, intimidating, or abusing any Wings Over employee, agent, or other user;
• Illegal Use: Using our services for any illegal purpose or in violation of any applicable local, state, federal, or international laws;
• Spam: Sending unsolicited commercial communications or promotional materials to other users;
• Misuse of Promotions: Exploiting, abusing, or misusing promotional codes, discounts, loyalty points, or other special offers in bad faith or contrary to their intended purpose;
• Reverse Engineering: Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of any aspect of our Website or services;
• Circumvention: Circumventing, disabling, or otherwise interfering with security-related features of the Website.

Wings Over reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including reporting such activity to law enforcement authorities and pursuing civil remedies.

5. Ordering, Pricing, and Payment Terms

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected food items at the prices listed. All orders are subject to acceptance by Wings Over. We reserve the right to refuse or cancel any order at our sole discretion, including in cases of suspected fraud, errors in pricing or product descriptions, or unavailability of items.

5.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Prices are subject to change without prior notice. The price charged for an order will be the price displayed at the time the order is placed and confirmed. We make reasonable efforts to ensure pricing accuracy but reserve the right to correct pricing errors and cancel orders placed at incorrect prices.

5.3 Taxes and Additional Fees

All applicable sales taxes, service fees, and delivery fees will be calculated and disclosed at checkout prior to order confirmation. You are responsible for all taxes applicable to your purchases under applicable federal, state, and local law.

5.4 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on our Website. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is accurate and complete;
• You will promptly update payment information as necessary.

5.5 Cancellations and Refunds

Due to the perishable nature of food products, cancellations may only be accepted within a limited time window after order placement. Once food preparation has commenced, cancellations may not be possible. Refund eligibility is assessed on a case-by-case basis. If you believe you are entitled to a refund due to a defect in your order, please contact us promptly at [email protected]. Our refund policy is subject to applicable consumer protection laws.

5.6 Promotional Codes and Discounts

Promotional codes and discounts are subject to specific terms and conditions communicated at the time of the promotion. They may not be combined with other offers unless expressly stated, and they expire on the dates indicated. Wings Over reserves the right to modify or terminate promotional offers at any time.

6. Intellectual Property Rights

6.1 Ownership

The Website and all of its contents, features, and functionality — including but not limited to all text, photographs, images, graphics, logos, icons, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof — are the exclusive property of Wings Over or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws.

6.2 Limited License to Users

Subject to your compliance with these Terms, Wings Over grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with ordering food and accessing related services. This license does not include any right to:

• Resell or commercially exploit any content from the Website;
• Collect or use any product listings, descriptions, or prices for competitive purposes;
• Make any derivative use of the Website or its contents;
• Download or copy account information for the benefit of another party;
• Use data mining, robots, or similar data gathering and extraction tools.

6.3 Trademarks

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

6.4 User-Generated Content

If you submit any content to our Website (including reviews, photos, or feedback), you grant Wings Over a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. You represent and warrant that you own or have the necessary rights to submit such content and that it does not violate any third-party rights.

6.5 Copyright Infringement

If you believe that any content on the Website infringes your copyright, please contact us at [email protected] with a detailed description of the alleged infringement. We will respond to valid notices in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

7. Disclaimers and "As-Is" Basis

7.1 No Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES PROVIDED BY WINGS OVER ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WINGS OVER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 Service Availability

Wings Over does not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any information provided on the Website, including menu descriptions, nutritional information, allergen information, or pricing.

7.3 Food Allergen Disclaimer

While we make reasonable efforts to provide accurate allergen and nutritional information, our food products are prepared in facilities that may handle common allergens including peanuts, tree nuts, milk, eggs, wheat, shellfish, fish, and soybeans. We cannot guarantee that any menu item is completely free from allergens. Customers with food allergies or dietary restrictions should contact us directly at [email protected] before placing an order. Wings Over shall not be liable for any adverse reactions resulting from undisclosed or unknown allergen exposure.

7.4 Third-Party Links

The Website may contain links to third-party websites or services. These links are provided for your convenience only. Wings Over has no control over the content of those sites and assumes no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of any link does not imply endorsement by Wings Over.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL WINGS OVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of (or inability to access or use) the Website or services;
• Any conduct or content of any third party on or relating to the Website;
• Any unauthorized access to or use of our servers or any personal information stored therein;
• Any interruption or cessation of transmission to or from our Website;
• Any bugs, viruses, or other harmful code transmitted through or to our Website;
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website;
• The quality, safety, or delivery of any food products ordered through our services.

IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ANY CASE, THE AGGREGATE LIABILITY OF WINGS OVER TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO WINGS OVER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you, and your rights may vary by state.

9. Indemnification

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

• Your violation of these Terms of Service;
• Your use or misuse of the Website or any of our services;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or contractual rights;
• Any content you submit, post, transmit, or make available through the Website;
• Your negligence, willful misconduct, or fraudulent activity;
• Any dispute between you and a third-party delivery service provider.

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

10. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or the use of our Website and services 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 Wings Over operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

Our services are intended for use within the United States. Wings Over makes no representation that the Website or services are appropriate or available for use outside the United States. Those who access or use our services from outside the United States do so at their own risk and are responsible for compliance with local laws.

These Terms are subject to and incorporate applicable provisions of the following laws:

• The Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., governing unfair or deceptive acts and practices;
• The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), where applicable to California residents;
• The Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512;
• The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030;
• All applicable state and local food safety and consumer protection statutes.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services informally by contacting Wings Over at [email protected]. You and Wings Over will attempt to negotiate an informal resolution to the dispute in good faith for a period of not less than thirty (30) days before either party may initiate formal arbitration or litigation proceedings.

11.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Website or services, shall be determined by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Arbitration shall be conducted by a single neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules then in effect. The arbitration shall be conducted in the English language. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AND WINGS OVER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Wings Over agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

11.4 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction.

12. Term and Termination

12.1 Term

These Terms of Service shall remain in full force and effect for as long as you access or use the Website or our services. Your right to use the Website and services commences upon your first access to the Website and continues until terminated in accordance with these Terms.

12.2 Termination by Wings Over

Wings Over reserves the right, in its sole discretion, to suspend or terminate your access to the Website and services, without prior notice or liability, for any reason, including but not limited to:

• Your breach or alleged breach of any provision of these Terms;
• Your engagement in fraudulent, abusive, or illegal activity;
• Your conduct that we determine, in our sole discretion, to be harmful to other users, third parties, or our business interests;
• Extended periods of account inactivity;
• Our decision to discontinue the Website or services.

12.3 Effect of Termination

Upon termination of your access, your right to use the Website and services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

12.4 Termination by User

You may terminate these Terms at any time by ceasing to use the Website and requesting deletion of your account by contacting us at [email protected]. Termination of your account will not relieve you of any obligations that arose prior to the termination date, including outstanding payment obligations.

13. Changes to These Terms

Wings Over reserves the right to modify, update, or revise 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;
• Posting a prominent notice on our Website;
• Sending an email notification to registered users (where applicable).

Your continued use of the Website or services after the effective date of the revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Website and services immediately and, if applicable, request deletion of your account.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be available at wings-over.rest.

14. Privacy Policy

Your use of the Website and services is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information in compliance with applicable federal and state privacy laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents. Please review our Privacy Policy carefully before using our services.

15. Accessibility

Wings Over is committed to ensuring that its Website is accessible to individuals with disabilities in compliance with the Americans with Disabilities Act (ADA) and applicable web accessibility standards. If you experience any difficulty accessing our Website, please contact us at [email protected] and we will make reasonable efforts to assist you.

16. Force Majeure

Wings Over shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of causes beyond its reasonable control, including but not limited to acts of God, natural disasters, fires, floods, earthquakes, epidemic or pandemic outbreaks, war, terrorism, civil unrest, government actions, labor disputes, power outages, internet service disruptions, or supply chain failures. In such events, Wings Over will make reasonable efforts to resume normal operations as soon as practicable.

17. Electronic Communications

By using our Website or services, you consent to receiving electronic communications from Wings Over, including emails, push notifications, and text messages related to your orders, account activity, and our services. These electronic communications shall satisfy any legal requirement that such communications be in writing. You may opt out of certain non-transactional communications as described in our Privacy Policy.

In accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., your electronic acceptance of these Terms and any transactions conducted through our Website shall be legally valid and binding.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements or policies expressly incorporated herein by reference, constitute the entire agreement between you and Wings Over with respect to your use of the Website and services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and services.

No waiver by Wings Over of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure by Wings Over to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, all of which shall remain in full force and effect.

In the event that any provision is found to be invalid or unenforceable, both parties agree that the court or arbitrator should endeavor to give effect to the parties' original intentions as reflected in that provision to the greatest extent possible.

20. Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without the prior written consent of Wings Over. Any purported assignment in violation of this section shall be null and void. Wings Over may freely assign or transfer these Terms and its rights and obligations hereunder without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

21. No Third-Party Beneficiaries

These Terms of Service are for the sole benefit of the parties hereto and their respective permitted successors and assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

22. Headings

The section headings in these Terms are for convenience and reference purposes only and shall not affect the interpretation of any provision of these Terms.

23. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact Wings Over for any reason related to our services, please reach out to us through the following channels:

We are committed to addressing any questions or concerns you may have regarding these Terms or our services. Our customer support team endeavors to respond to all inquiries within two (2) business days.