Terms of Service

Please read these Terms of Service carefully before using the website located at chuyscafe.click (the "Website") or any services offered by Chuy's Cafe (the "Company," "we," "us," or "our"). By accessing or using our Website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website at chuyscafe.click, placing an order, creating an account, or engaging with any service offered by Chuy's Cafe, you ("User," "Customer," or "you") expressly agree to comply with and be legally bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and Chuy's Cafe.

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

These Terms of Service apply to all visitors, users, customers, and others who access or use the services provided through chuyscafe.click. By using this Website, you represent and warrant that you are at least 18 years of age, or if you are under 18, that you have obtained the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

2. Description of Services

Chuy's Cafe is a food service business operating in the United States. Through our Website, chuyscafe.click, we offer the following services:

• Online Menu Browsing: Users may browse our full menu offerings, including food and beverage items, daily specials, seasonal offerings, and nutritional information where available.
• Online Ordering: Users may place orders for pickup or delivery through our Website or affiliated third-party delivery platforms.
• Reservations: Users may request or confirm reservations at our establishment through the Website.
• Catering Inquiries: Users may submit inquiries regarding catering services for private events, corporate gatherings, and special occasions.
• Promotional Information: We may offer discount codes, loyalty rewards, limited-time promotions, and special offers accessible via the Website.
• Customer Support: Users may contact our team with questions, feedback, complaints, or general inquiries through available contact channels.
• Account Management: Users may create, manage, and maintain personal accounts to streamline future orders and track order history.

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

All food and beverage offerings are subject to availability. Menu items, prices, and availability may vary and are subject to change without prior notice. Chuy's Cafe makes no guarantee that any specific item will be available at any given time.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account, placing orders, or submitting inquiries;
• Maintain the security of your account credentials and notify us immediately of any unauthorized use of your account;
• Use the Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable local, state, and federal laws and regulations when using our Website;
• Treat our staff, other users, and the Company with respect when engaging through the Website or in-person;
• Promptly pay all amounts due for orders placed through the Website;
• Update your account information to keep it accurate and current.

3.2 Prohibited Activities

You agree NOT to engage in any of the following prohibited activities:

• Fraudulent Activity: Using false identities, stolen payment methods, fraudulent discount codes, or otherwise engaging in deceptive conduct in connection with any order or account;
• Unauthorized Access: Attempting to access, probe, or test the vulnerability of any part of the Website's systems, networks, or security measures without authorization;
• Interference: Introducing viruses, trojans, worms, malware, or other harmful code to the Website; engaging in denial-of-service attacks or any other action intended to disrupt the Website's operation;
• Scraping or Data Mining: Using automated tools, bots, scrapers, or similar data-gathering technologies to extract content or data from the Website without our express written permission;
• Intellectual Property Infringement: Reproducing, distributing, modifying, creating derivative works from, or otherwise exploiting any content, trademarks, logos, or intellectual property of Chuy's Cafe without prior written consent;
• Misrepresentation: Impersonating any person or entity, including employees or representatives of Chuy's Cafe, or falsely stating your affiliation with any person or organization;
• Spam: Sending unsolicited communications, promotional materials, or spam through any contact channels provided on the Website;
• Harassment: Engaging in harassment, intimidation, threatening behavior, or abusive conduct directed at other users or our staff through any platform or channel;
• Illegal Conduct: Using the Website or services to engage in any activity that violates applicable federal, state, or local laws, including but not limited to consumer protection laws, privacy laws, or anti-fraud statutes;
• Circumvention: Attempting to circumvent any security feature, access control, or technological protection measures implemented on the Website;
• Commercial Exploitation: Using the Website or its content for unauthorized commercial purposes, including reselling access to our services or content without our written permission.

We reserve the right to investigate violations of these Terms and take appropriate legal and/or administrative action, including suspending or terminating accounts, reporting activities to law enforcement, and pursuing all available legal remedies.

4. Intellectual Property Rights

All content, materials, and features available on the Website at chuyscafe.click — including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, button icons, menu designs, software, and the compilation thereof — are the exclusive property of Chuy's Cafe or its content suppliers and are protected by United States copyright, trademark, and other intellectual property laws.

The Chuy's Cafe name, logo, trade dress, and all related names, logos, product and service names, designs, and slogans are trademarks of Chuy's Cafe. You may not use such marks without prior written permission. Any unauthorized use of these trademarks or other intellectual property may violate trademark laws, copyright laws, the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable regulations.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

• Modify, copy, or create derivative works based on the Website or its content;
• Reproduce, republish, upload, post, transmit, or distribute any content from the Website;
• Use any data mining, scraping, or similar data gathering processes;
• Frame or link to the Website for commercial purposes without express written consent;
• Remove any copyright, trademark, or other proprietary notices from the Website's content.

Any unauthorized use of the Website's intellectual property will immediately terminate the license granted herein and may subject the infringing party to civil and criminal penalties under applicable U.S. law.

If you believe that any content on our Website infringes upon your copyright, please contact us at [email protected] with the subject line "Copyright Infringement Notice" and provide sufficient detail to allow us to identify and address the alleged infringement.

5. Payment Terms

When placing orders through the Website or any affiliated ordering platform, you agree to pay all applicable charges, including the cost of food and beverages, applicable taxes, delivery fees (if any), and any service charges, at the time of purchase.

We accept major payment methods as indicated on the Website or ordering platform. 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 your payment information to keep it current and accurate;
• You authorize us to charge your payment method for all orders placed under your account.

All prices listed on the Website are in U.S. dollars (USD) and are subject to applicable federal, state, and local sales taxes. Prices are subject to change without notice. The price charged for an order will be the price confirmed at the time of purchase.

Refunds and Cancellations: Refund and cancellation policies may vary depending on the type of order. Orders that have already been prepared or dispatched may not be eligible for cancellation or refund. For concerns about a specific order, please contact us at [email protected] as soon as possible. We handle all refund requests on a case-by-case basis in accordance with applicable consumer protection laws.

In the event of a payment dispute or chargeback, we reserve the right to suspend or terminate your account pending resolution of the dispute.

6. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS MADE AVAILABLE THROUGH CHUYSCAFE.CLICK 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, CHUY'S CAFE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR MATERIALS ON THE WEBSITE;
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD OR BEVERAGE PRODUCTS FOR ANY INDIVIDUAL'S DIETARY NEEDS, ALLERGIES, OR MEDICAL CONDITIONS.

Food Allergen Disclaimer: While we make reasonable efforts to provide accurate allergen and nutritional information, Chuy's Cafe cannot guarantee that any menu item is completely free of allergens, including nuts, gluten, dairy, soy, shellfish, or other common allergens, due to the nature of food preparation in shared kitchen environments. Customers with severe food allergies are advised to contact us directly before placing an order.

This disclaimer of warranties constitutes an essential part of these Terms. Some states do not allow limitations on implied warranties, so the above disclaimers may not apply to you in their entirety.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, CHUY'S CAFE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES RESULTING FROM YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE;
• DAMAGES RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA;
• DAMAGES RESULTING FROM THE CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE;
• DAMAGES RESULTING FROM ANY FOOD OR BEVERAGE PRODUCTS ORDERED THROUGH THE WEBSITE OR CONSUMED AT OUR ESTABLISHMENT.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF CHUY'S CAFE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO CHUY'S CAFE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED 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 full. In such cases, our liability shall be limited to the greatest extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Chuy's Cafe and its respective officers, directors, employees, agents, contractors, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising from or related to:

• Your access to or use of the Website or any services offered by Chuy's Cafe;
• Your violation of any provision of these Terms of Service;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights;
• Any content or information you submit, post, or transmit through the Website;
• Your negligence or willful misconduct;
• Any fraudulent activity or misrepresentation made by you in connection with your use of our services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate fully with our defense of such claim. You shall not settle any claim without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by, construed, and enforced in accordance with the laws of the United States of America and the applicable state laws of the state in which Chuy's Cafe is registered and operates, without regard to conflict of law principles.

These Terms are subject to applicable federal consumer protection laws, including but not limited to:

• The Federal Trade Commission Act (FTC Act) — 15 U.S.C. § 41 et seq., governing unfair or deceptive acts and practices in commerce;
• The Electronic Communications Privacy Act — 18 U.S.C. § 2510 et seq.;
• The Computer Fraud and Abuse Act — 18 U.S.C. § 1030 et seq.;
• Applicable state consumer protection statutes in the state where Chuy's Cafe operates;
• The California Consumer Privacy Act (CCPA/CPRA) as applicable to California residents.

Subject to the arbitration agreement below, any legal action or proceeding arising out of or related to these Terms or your use of the Website shall be brought exclusively in the federal or state courts located in the applicable jurisdiction where Chuy's Cafe is domiciled, and you hereby consent to personal jurisdiction and venue in such courts.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website informally by contacting Chuy's Cafe at [email protected]. We will attempt to resolve the dispute informally within thirty (30) days of receiving your written notice. If the dispute is not resolved within that time period, either party may proceed to formal dispute resolution.

10.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING FROM OR RELATING TO THESE TERMS, YOUR USE OF THE WEBSITE, OR THE SERVICES PROVIDED BY CHUY'S CAFE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.

The arbitration shall be conducted by a single arbitrator under the rules of the American Arbitration Association (AAA) or JAMS, as mutually agreed by the parties. The arbitration shall take place in the applicable state where Chuy's Cafe operates, or, at your election, by telephone or video conference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND CHUY'S CAFE 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 OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator shall not consolidate more than one person's claims and shall not preside over any form of class or representative proceeding.

10.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

11. Term and Termination

These Terms of Service become effective on the date you first access or use the Website and will remain in full force and effect for as long as you continue to access or use the Website or any services offered by Chuy's Cafe, unless terminated earlier in accordance with these Terms.

Termination by Us: We reserve the right, at our sole discretion, to suspend, restrict, or terminate your access to the Website and services, with or without notice, at any time, for any reason, including but not limited to:

• Violation of any provision of these Terms of Service;
• Engagement in any conduct that we deem harmful to the Website, other users, or our business;
• Fraudulent or illegal activity;
• Extended periods of account inactivity;
• Upon the permanent or temporary discontinuation of our Website or services.

Termination by You: You may terminate your use of the Website and any account you have created at any time by ceasing to use the Website and, if applicable, deleting your account or requesting account deletion by contacting us at [email protected].

Effect of Termination: Upon termination for any reason, your right to use the Website and services immediately ceases. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.

12. Changes to Terms of Service

Chuy's Cafe reserves the right to modify, update, or revise these Terms of Service at any time, at our sole discretion, to reflect changes in our services, legal requirements, or business practices. When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page;
• Post the revised Terms prominently on the Website;
• Where required by applicable law, provide notice to registered users via email or through a notice displayed on the Website.

Your continued access to or use of the Website after any revisions to these Terms become effective constitutes your binding acceptance of the modified Terms. If you do not agree to the updated Terms, you must immediately discontinue your use of the Website and our services.

We encourage you to review these Terms periodically to stay informed of your rights and obligations. The most current version of these Terms will always be available at chuyscafe.click.

13. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Chuy's Cafe, including third-party food delivery platforms, payment processors, or social media sites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services.

Your interactions with third-party websites or services are governed by those parties' own terms and conditions and privacy policies. We strongly encourage you to review the terms and policies of any third-party service you access through links on our Website. Chuy's Cafe shall not be held liable for any damages or losses arising from your use of third-party services.

14. Children's Privacy

The Website and services offered by Chuy's Cafe are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13 years of age. If we discover that we have inadvertently collected personal information from a child under 13, we will take steps to delete that information as promptly as possible. If you believe we may have collected information from a child under 13, please contact us at [email protected].

Use of this Website by minors under the age of 18 is permitted only with the involvement, supervision, and consent of a parent or legal guardian who agrees to be bound by these Terms.

15. Accessibility

Chuy's Cafe is committed to ensuring that its Website is accessible to individuals with disabilities, in accordance with the Americans with Disabilities Act (ADA) and applicable web accessibility standards. If you experience any difficulty accessing any part of our Website due to a disability, please contact us at [email protected] and we will make reasonable efforts to assist you.

16. Force Majeure

Chuy's Cafe shall not be liable for any delay or failure to perform any obligation under these Terms to the extent that such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, strikes, labor disputes, civil unrest, government orders or restrictions, power outages, internet disruptions, or other events of force majeure. In such circumstances, our obligations will be suspended for the duration of the force majeure event.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Chuy's Cafe on the Website, constitute the entire agreement between you and Chuy's Cafe with respect to your use of the Website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the subject matter hereof.

18. Severability

If any provision of these Terms of Service is found to be unlawful, void, invalid, or unenforceable under applicable law, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent of the severed provision.

The failure of Chuy's Cafe to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will only be effective if given in writing and signed by an authorized representative of Chuy's Cafe.

19. No Agency Relationship

Nothing in these Terms of Service shall be construed to create any partnership, joint venture, employment, franchise, or agency relationship between you and Chuy's Cafe. Neither party has the authority to bind the other or to incur any obligation on the other's behalf without prior written consent.

20. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Service without the prior written consent of Chuy's Cafe. Chuy's Cafe may freely assign these Terms and its rights and obligations hereunder in connection with a merger, acquisition, sale of assets, or by operation of law, without your consent.

21. Contact Information

If you have any questions, concerns, complaints, or comments regarding these Terms of Service or your use of the Website, please contact us using the information below:

We aim to respond to all inquiries within five (5) business days. For urgent matters related to food safety or health concerns, please also contact your local health department or appropriate authority.