Terms of Service

Please read these Terms of Service carefully before using the website located at choptsalads.rest or any services offered by Chopt. By accessing or using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must not use our website or services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Chopt ("Company," "we," "us," or "our"), governing your access to and use of the website choptsalads.rest (the "Site") and all related services, features, content, and functionality offered through the Site or otherwise provided by Chopt (collectively, the "Services").

By accessing the Site, placing an order, creating an account, subscribing to any program, or otherwise engaging with Chopt in any capacity, you confirm that:

• You are at least 18 years of age or the legal age of majority in your jurisdiction;
• You have the legal capacity and authority to enter into this Agreement;
• You are accessing the Services from within the United States or are subject to United States law;
• You agree to comply fully with all provisions contained herein.

If you are using the Services on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind that entity to these Terms. In such case, references to "you" or "your" also refer to that entity.

Chopt reserves the right to update, modify, or replace these Terms at any time. Any changes will be effective immediately upon posting to the Site unless a different effective date is specified. It is your responsibility to review these Terms periodically. Your continued use of the Site or Services following the posting of changes constitutes your acceptance of those changes.

2. Description of Services

Chopt is a food service company operating in the United States, offering customers the ability to explore menu options, place food orders, make reservations, participate in loyalty or rewards programs, and interact with Chopt's digital offerings through the Site. Our Services include, but are not limited to, the following:

• Online Ordering: Customers may browse menu items, customize their selections, and place orders for pickup or delivery through the Site or through affiliated third-party platforms.
• Menu Information: The Site provides detailed descriptions, ingredient listings, allergen information, and nutritional data for available menu items. Such information is provided for informational purposes and may be subject to change without notice.
• Account Services: Users may create a personal account to track order history, manage preferences, store payment information (processed through secure third-party payment processors), and participate in promotions or loyalty programs.
• Promotions and Rewards: From time to time, Chopt may offer discounts, promotional codes, gift cards, loyalty points, or special offers through the Site. These promotions are subject to their own specific terms and conditions, which are incorporated by reference into these Terms.
• Customer Support: Chopt provides customer service and support through various channels, including email and any contact methods made available on the Site.
• Catering Services: To the extent available, the Site may facilitate catering orders for group or corporate events, subject to additional terms and minimum order requirements.

Chopt makes no guarantee that all menu items, services, or features described on the Site are available at all locations or at all times. Availability may vary based on geographic location, season, supply, and other operational factors. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice or liability.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Site and Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or submitting any form on the Site;
• Maintain the confidentiality of your account credentials and notify Chopt immediately at [email protected] if you suspect unauthorized access to your account;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site and Services;
• Ensure that all information you provide does not violate any third-party rights, including intellectual property rights or privacy rights.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Site or Services for any fraudulent, deceptive, or unlawful purpose;
• Attempt to gain unauthorized access to any portion of the Site, server, or network connected to the Site;
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of any software used in connection with the Site;
• Transmit any unsolicited commercial communications, spam, or malicious software through or in connection with the Site;
• Scrape, crawl, harvest, or otherwise collect data from the Site using automated tools or processes without Chopt's prior written consent;
• Interfere with or disrupt the integrity or performance of the Site or the data contained therein;
• Use the Site to impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Post or transmit any content that is defamatory, obscene, abusive, threatening, harassing, or otherwise objectionable;
• Circumvent, remove, alter, or otherwise tamper with any content protection mechanisms or restrictions on the Site;
• Use any account or promotional code in a manner that violates these Terms or any applicable promotion-specific terms;
• Resell, reproduce, or commercially exploit any portion of the Services without Chopt's express written authorization.

Chopt reserves the right to investigate any suspected violation of this Section and to take appropriate legal action, including civil litigation, criminal referral, or both. Chopt may also suspend or terminate your account and access to the Services if you engage in any prohibited activity described herein.

4. Intellectual Property Rights

All content and materials available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, software, trademarks, service marks, trade names, and the overall design and layout of the Site (collectively, "Chopt Content"), are the exclusive property of Chopt or its content suppliers and are protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act, and other applicable statutes.

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

• Reproduce, distribute, publicly display, or create derivative works of any Chopt Content without prior written permission;
• Use any Chopt trademarks, logos, or trade names without express written authorization;
• Remove or alter any proprietary notices, labels, or marks on any Chopt Content;
• Use Chopt Content for any commercial purpose or in any manner not expressly permitted by these Terms.

Any unauthorized use of Chopt Content is a violation of these Terms and may also constitute an infringement of applicable intellectual property laws. Chopt reserves all rights not expressly granted in these Terms.

If you submit any content, feedback, reviews, suggestions, or other materials to Chopt through the Site or otherwise ("User Content"), you grant Chopt a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, translate, distribute, and display such User Content in any media or format, for any purpose, without compensation to you. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not violate any third-party rights.

5. Payment Terms

When you place an order through the Site or otherwise engage in a transaction with Chopt, you agree to the following payment terms:

5.1 Pricing and Taxes

All prices displayed on the Site are in U.S. dollars and are subject to change without notice. Prices may vary by location and do not include applicable sales taxes, delivery fees, service charges, or gratuity unless expressly stated otherwise. You are responsible for all applicable taxes and fees associated with your order.

5.2 Payment Processing

Chopt uses reputable third-party payment processors to handle all payment transactions. By providing your payment information, you authorize Chopt and its payment processors to charge the applicable fees for your order. Chopt does not store your full payment card details on its own servers. All payment information is transmitted and stored in accordance with Payment Card Industry Data Security Standards (PCI DSS).

5.3 Refunds and Cancellations

Orders placed through the Site may be subject to cancellation or modification within a limited window prior to preparation. Once an order has been accepted and entered into preparation, cancellations may not be permitted. Refund requests are evaluated on a case-by-case basis. If you believe you have received an incorrect or unsatisfactory order, please contact us at [email protected] within 24 hours of your order. Chopt reserves the right to issue refunds in the form of account credits, replacements, or original-method refunds at its sole discretion.

5.4 Promotional Codes and Gift Cards

Promotional codes, gift cards, and loyalty rewards are subject to their own specific terms and expiration dates. They have no cash value unless required by applicable law, are not transferable, and may not be combined with other offers unless expressly permitted. Chopt is not responsible for lost, stolen, or expired promotional codes or gift cards.

6. Disclaimers

THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY CHOPT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT 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 THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON THE SITE, INCLUDING MENU INFORMATION, NUTRITIONAL DATA, AND ALLERGEN INFORMATION;
• WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.

Chopt does not warrant that menu descriptions, ingredient lists, or allergen information are completely accurate or up to date at all times. Customers with food allergies or dietary restrictions are strongly advised to contact their local Chopt restaurant directly or consult with staff before placing an order. Chopt shall not be liable for any adverse reactions or health consequences resulting from consumption of any food or beverage product.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the maximum extent permitted by law.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, CHOPT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY:

IN NO EVENT SHALL CHOPT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS 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 SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

The limitations set forth in this Section apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if Chopt has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law. Some states do not allow the limitation of liability for certain types of damages; in such states, Chopt's liability shall be limited to the greatest extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Chopt and its respective officers, directors, employees, shareholders, agents, licensors, service providers, successors, and assigns (collectively, the "Chopt Parties") 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 or any applicable law or regulation;
• Your use of the Site or Services in any manner not authorized by these Terms;
• Any User Content you submit, post, or transmit through the Site;
• Your violation of any third-party right, including any intellectual property right, privacy right, or proprietary right;
• Your negligence, willful misconduct, or fraudulent acts;
• Any claim by a third party arising from your conduct in connection with 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 which case you agree to cooperate fully with Chopt in asserting any available defenses. You agree not to settle any matter subject to this indemnification obligation without the prior written consent of Chopt.

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms, the Site, or the Services shall be governed by and construed in accordance with the laws of the United States and the applicable state laws, without regard to conflicts of law principles that would require the application of the law of any other jurisdiction.

To the extent that state law applies, and unless otherwise specified by the location of the dispute or applicable consumer protection statutes, the parties agree that the laws of the state in which the relevant Chopt establishment is located shall govern. All legal proceedings that are not subject to arbitration as described below shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and each party hereby submits to the personal jurisdiction of such courts and waives any objection to the laying of venue of any such proceedings in such courts.

Chopt's Services and this website are intended for use by residents of the United States. Chopt makes no representation that the Site or its content is appropriate or available for use in other locations. Accessing the Site from territories where content is illegal is prohibited.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to contact Chopt at [email protected] to attempt to resolve any dispute informally. Chopt will make good-faith efforts to address your concerns. You agree to engage in this informal dispute resolution process for at least thirty (30) days before initiating arbitration or any other formal proceeding.

10.2 Binding Arbitration

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

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Services, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes") shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") or JAMS, as mutually agreed upon, rather than in court. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

The arbitration shall be conducted on an individual basis. You and Chopt expressly waive the right to participate in any class action, collective action, private attorney general action, or other representative proceedings. This class action waiver is a material term of this Agreement, and no arbitrator shall have the authority to consolidate claims or preside over any form of class proceeding.

10.3 Exceptions to Arbitration

Notwithstanding the foregoing, the following disputes are not subject to mandatory arbitration:

• Claims for injunctive or other equitable relief to prevent unauthorized use of intellectual property;
• Small claims court actions, provided they remain in such court and are brought solely on an individual basis;
• Claims required to be resolved through a specific forum pursuant to applicable law.

10.4 Applicable Consumer Protection Laws

Nothing in these dispute resolution provisions limits your rights under applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) or any applicable state consumer protection statutes. If you are a California resident, you retain rights under the California Consumer Privacy Act (CCPA/CPRA) and California consumer protection laws, which are not waived by this Agreement.

11. Term and Termination

11.1 Term

These Terms are effective as of the date you first access or use the Site and shall remain in full force and effect for as long as you continue to use the Site or Services, unless earlier terminated in accordance with these Terms.

11.2 Termination by You

You may terminate your use of the Services and, if applicable, your account at any time by discontinuing access to the Site and, if you have created an account, by requesting account deletion by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination.

11.3 Termination by Chopt

Chopt reserves the right, in its sole discretion and without notice or liability, to:

• Suspend or terminate your access to the Site or Services at any time, for any reason or no reason;
• Delete your account and all associated information if you have violated these Terms or applicable law;
• Discontinue all or any portion of the Site or Services permanently.

11.4 Effect of Termination

Upon termination of these Terms or your access to the Services, the following provisions shall survive: Intellectual Property Rights, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination. Termination does not affect any accrued rights or liabilities of either party.

12. Changes to Terms

Chopt reserves the right to revise, amend, 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, provide additional notice such as a prominent banner on the Site or an email notification to registered users.

Your continued use of the Site or Services after the effective date of any such changes constitutes your binding acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately cease using the Site and Services and, if applicable, request termination of your account.

We encourage you to review these Terms periodically to stay informed of any updates. Archived versions of prior Terms may be made available upon written request to [email protected].

13. Third-Party Links and Services

The Site may contain links to third-party websites, services, or platforms, including third-party delivery platforms, payment processors, and social media platforms. These links are provided for your convenience only and do not constitute an endorsement, approval, or recommendation by Chopt of any third-party content, products, or services. Chopt has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Your use of any third-party website or service is governed entirely by that party's own terms and conditions and privacy policy. Chopt strongly encourages you to review the terms and privacy policies of any third-party platform you access in connection with your use of the Services.

14. Privacy

Your use of the Site and Services is also governed by Chopt's Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how Chopt collects, uses, shares, and protects your personal information. By using the Site, you consent to the collection and use of your information as described in the Privacy Policy. If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), as described in the Privacy Policy.

15. Accessibility

Chopt is committed to making its website accessible to all users, including those with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) and applicable requirements under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience any difficulty accessing the Site or any of its content, please contact us at [email protected] and we will make reasonable efforts to assist you.

16. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction or authorized arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, it shall be severed from these Terms. The remainder of these Terms shall continue in full force and effect, and the invalidity or unenforceability of any single provision shall not affect the validity or enforceability of any other provision herein.

The parties agree that in such a case, the invalid or unenforceable provision shall be construed, to the greatest extent possible, to reflect the original intentions of the parties, and that the remaining provisions shall be construed to give the fullest effect to such intent.

17. Entire Agreement and Waiver

These Terms of Service, together with the Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and Chopt with respect to the subject matter hereof and supersede all prior or contemporaneous negotiations, discussions, representations, warranties, and agreements, whether written or oral, relating to such subject matter.

No waiver by Chopt of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, nor shall any failure by Chopt to assert a right or provision under these Terms constitute a waiver of such right or provision. A waiver of any provision of these Terms must be in writing and signed by an authorized representative of Chopt to be effective.

18. Force Majeure

Chopt shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond Chopt's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, acts of terrorism, government actions or restrictions, labor disputes, supply chain disruptions, utility failures, cyberattacks, or any other event beyond Chopt's reasonable control. In such circumstances, Chopt's obligations shall be suspended for the duration of the force majeure event, and Chopt shall make commercially reasonable efforts to resume performance as soon as practicable.

19. Electronic Communications

By using the Site or creating an account, you consent to receive electronic communications from Chopt, including emails, in-app notifications, and text messages (where applicable and with your consent), regarding your account, orders, promotions, and updates to these Terms. You agree that any notices, agreements, disclosures, or other communications that Chopt sends to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

You may opt out of promotional communications at any time by following the unsubscribe instructions in any promotional email or by contacting us at [email protected]. Note that opting out of promotional communications does not affect transactional or operational communications related to your account or orders.

20. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you need to contact Chopt for any purpose described herein, please reach out to us using the following contact information:

We will make every reasonable effort to respond to your inquiry within a reasonable time. For urgent matters related to food safety, allergens, or order issues, we encourage you to contact us directly by email at [email protected].