Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at cafewingsover.click (the "Site") or any services offered by Wings Over ("Company," "we," "us," or "our"). By accessing or using our Site, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and 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 the website at cafewingsover.click, creating an account, placing an order, or otherwise engaging with Wings Over's services, you enter into a legally binding agreement with Wings Over. This Agreement governs your use of the Site and all related services, features, content, and functionality offered by the Company.

You represent and warrant that:

• You are at least 18 years of age, or if you are between the ages of 13 and 17, you have obtained verifiable parental or legal guardian consent to use the Site and services;
• You have the legal authority, right, and capacity to enter into this Agreement on behalf of yourself or the entity you represent;
• All information you provide to Wings Over is accurate, current, and complete;
• Your use of the Site and services complies with all applicable local, state, and federal laws and regulations of the United States.

Wings Over reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion, at any time and for any reason, including but not limited to violations of these Terms.

2. Description of Services

Wings Over is a food service business operating within the United States, specializing in the preparation, sale, and delivery or pickup of food and beverage products, including but not limited to chicken wings, sauces, sides, beverages, and related food items.

Our services include, but are not limited to:

• Online Ordering: The ability to browse our menu and place orders for food and beverages through our Site at cafewingsover.click;
• Pickup Services: The option to place orders in advance for in-store or curbside pickup;
• Delivery Services: Delivery of food orders to specified addresses within our designated service area, either directly or through third-party delivery partners;
• Catering Inquiries: Information and order requests for catering events or large group orders;
• Account Management: The ability to create and manage a customer account to track order history, manage preferences, and store payment information;
• Promotional Offers: Access to exclusive deals, coupons, loyalty rewards, and promotional offers as may be made available from time to time.

Wings Over reserves the right 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 such modification, suspension, or discontinuation.

Menu items, prices, availability, and service areas are subject to change at any time and without prior notice. All orders are subject to availability and acceptance by Wings Over.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

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

• Provide accurate, truthful, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and accept responsibility for all activities that occur under your account;
• Notify Wings Over immediately at [email protected] if you suspect any unauthorized use of your account;
• Use the Site and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable local, state, and federal laws and regulations of the United States.

3.2 Prohibited Activities

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

• Using the Site or services for any fraudulent, illegal, or unauthorized purpose;
• Attempting to gain unauthorized access to any portion of the Site, other user accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means;
• Introducing, transmitting, or distributing any viruses, malware, ransomware, spyware, worms, Trojan horses, or other harmful or disruptive code;
• Scraping, crawling, spidering, or otherwise collecting data from the Site in any automated manner without the express written consent of Wings Over;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Site or any underlying software;
• Submitting false, misleading, or fraudulent orders or payment information;
• Impersonating any person or entity, including any employee or representative of Wings Over;
• Using the Site to send unsolicited commercial communications, spam, or chain letters;
• Engaging in any conduct that restricts or inhibits any other person from using or enjoying the Site;
• Reselling, sublicensing, or commercially exploiting the services or any content derived from the Site without express written permission from Wings Over;
• Posting or transmitting any content that is defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable;
• Circumventing, disabling, or otherwise interfering with security-related features of the Site.

Wings Over reserves the right to investigate violations of these Terms and cooperate with law enforcement authorities to prosecute users who violate applicable laws.

4. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, data compilations, menu items, descriptions, software, and the overall design and appearance of the Site (collectively, the "Content"), is the exclusive property of Wings Over or its content suppliers and is protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable state and federal laws.

The Wings Over name, logo, taglines, and all related marks are trademarks or service marks of Wings Over. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of our trademarks or service marks without our prior written consent.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for your personal, non-commercial use in connection with ordering food and using our services. This license does not include:

• Any resale or commercial use of the Site or its Content;
• Any collection and use of any product listings, descriptions, or prices;
• Any derivative use of the Site or its Content;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Content or trademarks of Wings Over terminates the permission or license granted by Wings Over and may violate applicable laws, including copyright, trademark, and privacy laws.

If you believe that any content on our Site infringes upon your intellectual property rights, please notify us at [email protected] with a detailed description of the alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms and Pricing

5.1 Prices and Fees

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices are exclusive of applicable sales taxes, delivery fees, service charges, and any other applicable fees, which will be calculated and displayed at checkout prior to your confirmation of an order.

5.2 Payment Methods

Wings Over accepts various payment methods as displayed on the Site at the time of your order. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Wings Over (or its third-party payment processors) to charge your payment method for the total amount of your order, including taxes and fees.

5.3 Order Confirmation

An order is not confirmed until you receive an email or on-screen confirmation from Wings Over. We reserve the right to cancel or refuse any order at our sole discretion, including in cases of suspected fraud, pricing errors, product unavailability, or service area restrictions.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. If you experience a problem with your order, please contact us at [email protected] within 24 hours of receipt of your order. Refunds or credits, if issued, are at the sole discretion of Wings Over. Cancellations may only be accepted before the order has been confirmed or prepared.

5.5 Taxes

You are responsible for all applicable sales taxes, use taxes, and other governmental charges imposed in connection with your purchase. Wings Over will collect applicable taxes as required by law.

6. Delivery and Pickup Terms

Estimated delivery and pickup times provided are estimates only and are not guaranteed. Actual times may vary due to factors beyond our control, including but not limited to high order volumes, traffic conditions, weather, and third-party delivery partner availability.

Wings Over is not responsible for delays or failures in delivery caused by inaccurate delivery information provided by the customer. Risk of loss and title for food products pass to you upon delivery or pickup.

For delivery orders, you must ensure that someone is available at the delivery address to receive the order. Wings Over and its delivery partners reserve the right to leave orders at the door if no one is available, at their sole discretion.

7. Food Allergen and Dietary Information Disclaimer

Wings Over makes reasonable efforts to provide accurate allergen and nutritional information for its menu items. However, due to the nature of food preparation environments, cross-contamination with allergens including but not limited to peanuts, tree nuts, gluten, dairy, eggs, soy, shellfish, and fish cannot be fully guaranteed.

If you have a severe food allergy or dietary restriction, you should exercise extreme caution when ordering and contact us directly at [email protected] before placing an order. Wings Over shall not be liable for any allergic reactions or adverse health effects resulting from the consumption of our food products.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE UNITED STATES, WINGS OVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE;
• BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL CONTENT THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY;
• 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 SITE.

IN NO EVENT SHALL WINGS OVER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO WINGS OVER IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you in their entirety. In such cases, Wings Over's liability shall be limited to the fullest extent permitted by applicable law.

9. Disclaimer of Warranties

THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• ACCURACY OR COMPLETENESS OF CONTENT;
• THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
• THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Wings Over does not warrant that defects in the Site will be corrected, or that the Site or its servers are free of viruses or other harmful components. You expressly agree that your use of the Site and services is at your sole risk.

10. Indemnification

You agree to defend, indemnify, and hold harmless Wings Over, its parent company, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, licensors, service providers, subcontractors, and successors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorney's fees) arising from or relating to:

• Your use of and access to the Site and services;
• Your violation of any of these Terms;
• Your violation of any third-party rights, including but not limited to any copyright, trademark, trade secret, privacy, or other intellectual property or proprietary right;
• Your violation of any applicable local, state, or federal law, rule, or regulation of the United States;
• Any content you submit, post, or transmit through the Site;
• Any misrepresentation made by you;
• Your negligence or willful misconduct.

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. You agree to cooperate fully with Wings Over in asserting any available defenses.

11. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services, including third-party delivery platforms. These links are provided for your convenience only and do not imply endorsement, sponsorship, or affiliation with Wings Over. Wings Over has no control over the content, privacy policies, or practices of any third-party sites or services and accepts no responsibility for them.

Your interactions with third-party sites and services, including payment and delivery of goods and services, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You agree that Wings Over shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or the presence of such third parties on the Site.

12. Privacy Policy

Your use of the Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. If you are a resident of California, additional rights and protections may apply to you under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), as outlined in our Privacy Policy.

13. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Wings Over's principal place of business is located, without regard to its conflict of law provisions.

You agree that any legal action or proceeding relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts of competent jurisdiction located in the United States. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action or proceeding.

Notwithstanding the foregoing, Wings Over retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of Wings Over's intellectual property rights or other proprietary rights.

This Agreement is subject to and consistent with all applicable federal consumer protection laws, including those enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.).

14. Dispute Resolution

14.1 Informal Resolution

Before filing any formal legal claim or initiating arbitration, you agree to first contact Wings Over informally and attempt to resolve the dispute by sending a written description of your claim to [email protected]. Wings Over will attempt to resolve the dispute informally within thirty (30) calendar days of receiving your notice. If the dispute cannot be resolved informally within that period, either party may proceed to binding arbitration as set forth below.

14.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court, and except as otherwise set forth in these Terms, you and Wings Over agree that any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Site or services, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect, which are incorporated herein by reference.

The arbitration shall be conducted in the English language. 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, unless the arbitrator determines that a claim or defense was frivolous or asserted for an improper purpose.

14.3 Class Action Waiver

YOU AND WINGS OVER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement in this Section shall be null and void.

14.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent actual or imminent harm to its intellectual property rights, confidential information, or other proprietary rights.

15. Term and Termination

These Terms shall remain in full force and effect while you use the Site or any services provided by Wings Over. Wings Over reserves the right, in its sole discretion, to:

• Suspend or terminate your access to all or any part of the Site or services at any time, with or without cause, and with or without notice;
• Delete your account and all associated data;
• Restrict, limit, or modify your use of the Site or services;
• Pursue any other legal remedies available to it.

Upon termination, your right to use the Site and services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

You may terminate your account at any time by contacting Wings Over at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination.

16. Changes to Terms

Wings Over reserves the right to modify, amend, update, or replace these Terms of Service at any time and at 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, notify you by email to the address associated with your account or by posting a prominent notice on the Site.

Your continued use of the Site and services after any such modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically to stay informed of any updates. If you do not agree to the modified Terms, you must discontinue your use of the Site and services.

Wings Over may also, in the future, offer new services and/or features through the Site. Such new features and/or services shall be subject to these Terms of Service as updated from time to time.

17. Electronic Communications

By using the Site, creating an account, or placing an order, you consent to receive electronic communications from Wings Over, including but not limited to order confirmations, receipts, promotional materials, and notices regarding your account or the Site. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

If you wish to opt out of promotional communications, you may do so by following the unsubscribe instructions contained in any promotional email or by contacting us at [email protected]. Please note that even if you opt out of promotional emails, we may still send you transactional or administrative emails related to your account and orders.

18. Force Majeure

Wings Over shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond Wings Over's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions or restrictions, labor disputes or strikes, power outages, internet service disruptions, civil unrest, war, terrorism, or any other event of force majeure ("Force Majeure Event").

In the event of a Force Majeure Event, Wings Over shall provide prompt notice to affected customers and shall use commercially reasonable efforts to resume normal operations as soon as practicable.

19. Severability

If any provision, clause, or portion of these Terms of Service is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable for any reason, including but not limited to being overbroad, vague, or contrary to 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, illegality, or unenforceability of any particular provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect as if the invalid, illegal, or unenforceable provision had never been included. The parties agree to replace any severed provision with a valid provision that, to the greatest extent possible, achieves the original intent and economic effect of the severed provision.

20. Waiver

The failure of Wings Over to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. Any waiver by Wings Over of any provision of these Terms shall be effective only if in writing and signed by a duly authorized representative of Wings Over. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

21. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines published by Wings Over on the Site, constitute the entire agreement between you and Wings Over concerning the Site and services and supersede all prior and contemporaneous agreements, negotiations, representations, and understandings between the parties regarding the subject matter hereof, whether written or oral.

No employee, agent, or representative of Wings Over is authorized to modify these Terms orally. Any modification to these Terms must be made in writing as described in Section 16 above.

22. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of Wings Over. Wings Over may freely assign or transfer these Terms or any of its rights or obligations hereunder without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of Wings Over's assets.

23. Headings

Section headings used in these Terms are for convenience and reference purposes only and shall not affect the interpretation or construction of these Terms. The use of "including" or "include" in these Terms shall be deemed to be followed by the words "without limitation."

24. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service or your use of our Site and services, please contact us using the information below:

We will make every reasonable effort to respond to your inquiry within five (5) business days. For urgent matters related to your order, please contact us directly via email at [email protected].