Terms of Service

Please read these Terms of Service carefully before using the Wings Over website or any services offered through wingsovereat.click. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service in their entirety.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Wings Over ("Company," "we," "us," or "our"), governing your access to and use of the website located at wingsovereat.click, including all content, features, functionality, and services offered therein (collectively, the "Services").

By accessing our website, creating an account, placing an order, subscribing to any service, or simply browsing our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you must discontinue use of our Services immediately.

You represent and warrant that you are at least eighteen (18) years of age, possess the legal capacity to enter into a binding agreement, and are not barred from receiving services under any applicable laws of the United States or any other jurisdiction. If you are using our Services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

Wings Over reserves the right to modify, update, or replace these Terms at any time, at our sole discretion. Your continued use of our Services following any such modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes.

2. Description of Services

Wings Over is a food service business operating in the United States, offering customers a variety of food products and dining-related services. Our offerings include but are not limited to:

• Online ordering of food items, including chicken wings, sides, beverages, sauces, and related food products;
• Browse and discovery of menu items, nutritional information, and special promotions;
• Account creation and management for repeat customers;
• Delivery and/or pickup order fulfillment depending on availability in your area;
• Loyalty or rewards programs, promotional campaigns, and newsletter subscriptions;
• Customer support and communication via phone, email, and online chat where applicable;
• Any other food-related services we may introduce from time to time.

The availability of specific menu items, features, and services may vary depending on your location, time of day, and other operational factors. Wings Over does not guarantee the availability of any particular item or service at any given time. We reserve the right to modify, suspend, or discontinue any aspect of our Services with or without notice.

All food products described on our website are subject to availability. Images displayed on the website are for illustrative purposes only and may not perfectly reflect the actual product served. Nutritional information provided is approximate and may vary based on preparation methods and ingredient availability.

3. User Accounts and Registration

Certain features of our Services may require you to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate and current;
• Maintain the confidentiality of your account credentials, including your username and password;
• Accept full responsibility for all activities that occur under your account;
• 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 comply with these obligations. We reserve the right to suspend or terminate any account that we believe, in our sole discretion, has violated these Terms or poses a risk to our operations or other users.

You may not create more than one account per individual or share your account credentials with any third party. Accounts are non-transferable and may not be sold, traded, or otherwise assigned without our express written consent.

4. User Obligations and Prohibited Activities

As a condition of accessing and using our Services, you agree to comply with all applicable federal, state, and local laws of the United States, including but not limited to consumer protection laws enforced by the Federal Trade Commission ("FTC"), food safety regulations, and applicable state statutes.

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

• Using our Services for any unlawful purpose or in violation of any applicable law or regulation;
• Submitting false, misleading, or fraudulent orders, payment information, or personal data;
• Impersonating any person or entity, or falsely claiming an affiliation with any person or entity;
• Attempting to gain unauthorized access to our systems, servers, databases, or networks;
• Using any automated tools, bots, scrapers, crawlers, or similar technologies to extract data from our website without prior written consent;
• Interfering with or disrupting the integrity or performance of our Services or the data contained therein;
• Uploading, transmitting, or distributing any viruses, malware, or other malicious code;
• Engaging in any conduct that harasses, abuses, intimidates, or threatens other users or our staff;
• Circumventing any security measures, access controls, or geographic restrictions implemented on our platform;
• Reproducing, distributing, modifying, or creating derivative works of our proprietary content without authorization;
• Using our Services to conduct any form of commercial solicitation or advertising without our prior written approval;
• Abusing promotional offers, discount codes, or loyalty programs by creating multiple accounts or exploiting system errors;
• Placing orders with no intent to pay or engaging in chargebacks in bad faith;
• Engaging in any activity that could damage, disable, overburden, or impair our website infrastructure.

Wings Over reserves the right to investigate any suspected violations and to take appropriate legal action, including referral to law enforcement authorities, as we deem necessary. Violation of these obligations may result in immediate suspension or termination of your account and access to our Services.

5. Ordering, Payment Terms, and Pricing

5.1 Order Placement

When you place an order through our website, you are making an offer to purchase the selected food items and services at the stated price. An order confirmation does not constitute acceptance of your offer; acceptance occurs when we confirm that your order is being prepared or dispatched. We reserve the right to refuse or cancel any order at our discretion, including in cases of suspected fraud, pricing errors, or product unavailability.

5.2 Pricing

All prices displayed on our website are in United States Dollars (USD) and are subject to applicable taxes, fees, and delivery charges, which will be disclosed prior to order completion. Prices are subject to change without prior notice. We make every effort to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel orders affected by such errors and notify you accordingly.

5.3 Payment Methods

We accept various forms of payment as displayed on our checkout page, which may include major credit cards, debit cards, and other digital payment methods. By submitting payment information, you represent that you are authorized to use the payment method provided and authorize Wings Over to charge the applicable amounts to that payment method.

5.4 Taxes

You are responsible for all applicable taxes associated with your purchases. We will collect and remit sales tax as required by applicable federal, state, and local tax laws in the United States. The applicable tax amount will be calculated and displayed at checkout.

5.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you have a concern about the quality or accuracy of your order, please contact us at [email protected] within a reasonable timeframe following receipt of your order. We will review each complaint on a case-by-case basis and may offer a refund, replacement, or store credit at our sole discretion.

6. Delivery and Fulfillment

Estimated delivery and pickup times provided during checkout are estimates only and are not guaranteed. Actual delivery times may vary due to traffic, weather conditions, order volume, and other factors beyond our control. Wings Over shall not be liable for any delays in delivery.

Risk of loss and title for food items purchased from us passes to you upon delivery or pickup. You are responsible for ensuring that someone is available to receive your delivery. In the event of a failed delivery due to your absence or incorrect delivery information, additional charges may apply.

Delivery availability, minimum order requirements, and delivery fees are subject to change without prior notice and may vary by location.

7. Intellectual Property Rights

All content available on our website, including but not limited to text, graphics, logos, icons, photographs, images, video clips, audio clips, digital downloads, data compilations, software, and the overall look and feel of the website, is the exclusive property of Wings Over or its content suppliers and is protected by United States copyright law, trademark law, trade dress, and other applicable intellectual property laws and international conventions.

The Wings Over name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Wings Over. You may not use any of these marks without our prior written consent. All other trademarks not owned by Wings Over that appear on our website are the property of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our website and its content solely for personal, non-commercial purposes and to place orders for our food products and services. This license does not include:

• Any resale or commercial use of our website or its contents;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of our website or its contents;
• 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 our intellectual property terminates the license granted herein and may constitute infringement of our intellectual property rights, which may subject you to civil and/or criminal liability under applicable United States laws, including the Digital Millennium Copyright Act (DMCA) and other relevant statutes.

8. User-Generated Content

If you submit, post, or otherwise provide any reviews, comments, feedback, suggestions, photographs, or other content through our website or associated social media channels ("User Content"), you grant Wings Over a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that you own or otherwise control all rights to the User Content you submit, that the User Content is accurate, and that your submission does not violate any third-party rights or applicable laws. Wings Over reserves the right to remove any User Content at our sole discretion without notice.

9. Disclaimers and "As-Is" Basis

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WINGS OVER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON OUR WEBSITE, INCLUDING NUTRITIONAL INFORMATION AND PRODUCT DESCRIPTIONS;
• WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED;
• WARRANTIES THAT OUR WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Nutritional and allergen information provided on our website is approximate. Customers with severe food allergies, dietary restrictions, or medical conditions should exercise caution and consult with a medical professional before consuming our products. Wings Over cannot guarantee that our food products are free from allergens such as nuts, gluten, dairy, soy, or other common allergens, as products are prepared in shared kitchen environments.

Wings Over does not warrant that the results obtained from the use of our Services will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained through our Services will meet your expectations.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW IN THE UNITED STATES, 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, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WINGS OVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINGS OVER'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO WINGS OVER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you to the extent prohibited by applicable law. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

Wings Over shall not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, supply chain disruptions, labor disputes, or technological failures.

11. Indemnification

You agree to defend, indemnify, and hold harmless Wings Over and its respective officers, directors, shareholders, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your access to or use of our Services;
• Your violation of any provision of these Terms;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights;
• Your violation of any applicable federal, state, or local law or regulation;
• Any User Content you submit, post, or transmit through our Services;
• Any fraudulent, deceptive, or harmful conduct related to your use of our Services;
• Any claim by a third party arising from your use of or reliance on our food products or Services.

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 in connection with such a claim.

12. Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is available on our website at wingsovereat.click, describes how we collect, use, disclose, and protect your personal information in connection with your use of our Services. The Privacy Policy is incorporated into these Terms by reference and forms part of this Agreement.

Where applicable, our data practices are governed by the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), for California residents, and the Federal Trade Commission Act (FTC Act) for general consumer protection. Please review our Privacy Policy for detailed information about your rights and our obligations.

13. Third-Party Links and Services

Our website may contain links to third-party websites, applications, or services that are not owned or controlled by Wings Over. We provide these links for your convenience only and have no control over the content, privacy policies, or practices of any third-party sites. The inclusion of any link does not imply our endorsement of the linked site or service.

Wings Over expressly disclaims all liability for any damages or losses that may arise from your use of any third-party websites, applications, or services. We encourage you to review the terms and privacy policies of any third-party services you access through links on our website.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Wings Over operates, without giving effect to any conflict of law provisions or your actual state or country of residence. You agree that 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 Services, will be subject to the exclusive jurisdiction and venue of the state and federal courts located in the United States, and you consent to personal jurisdiction in such courts.

For matters concerning consumer protection, Wings Over's business practices are subject to oversight by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce. Nothing in these Terms limits your rights under applicable federal or state consumer protection laws.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute informally by contacting Wings Over at [email protected]. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, either party may proceed to formal dispute resolution.

15.2 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Except for disputes that qualify for small claims court and except as otherwise expressly stated herein, you and Wings Over agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of our Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall take place in the United States, and the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND WINGS OVER AGREE THAT EACH PARTY 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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Unless both parties 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.

15.4 Exceptions

Notwithstanding the foregoing arbitration agreement, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm pending arbitration. Additionally, claims within the jurisdictional limits of small claims court may be brought in such court without resorting to arbitration.

16. Term and Termination

These Terms shall remain in full force and effect while you use our Services. Wings Over reserves the right, in its sole discretion, to:

• Suspend or terminate your account and access to all or part of our Services at any time, with or without notice, for any reason, including but not limited to your violation of these Terms;
• Discontinue, modify, or restrict any feature, functionality, or aspect of our Services at any time;
• Refuse service to any person for any lawful reason.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use our Services ceases immediately.

Provisions of these Terms which by their nature should survive termination shall survive, including but not limited to: intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law provisions.

17. Changes to Terms

Wings Over reserves the right, at our sole discretion, to modify, amend, or replace any part of these Terms at any time. When we make material changes to these Terms, we will notify you by updating the "Last Updated" date at the top of this page and, where feasible, by providing notice through our website or via email to the address associated with your account.

Any changes to these Terms will become effective immediately upon posting to our website unless otherwise stated. Your continued use of our Services after the effective date of any changes constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using our Services and, if applicable, delete your account.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of the Terms will always be available at wingsovereat.click.

18. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason by a court of competent jurisdiction or an arbitrator, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The severed provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed entirely, and the remaining provisions of these Terms shall continue in full force and effect.

The failure of Wings Over to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any right or provision in a particular instance shall not constitute a waiver of such right or provision in any other instance or on a continuing basis.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by Wings Over on our website, constitute the entire agreement between you and Wings Over concerning the subject matter herein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

No amendment to or modification of these Terms will be binding unless made in writing and signed by an authorized representative of Wings Over or posted to our website in accordance with the "Changes to Terms" section above.

20. Electronic Communications

By using our Services, you consent to receive electronic communications from Wings Over, including notices, agreements, disclosures, and other information via email or through postings on our website. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing.

21. Accessibility

Wings Over is committed to ensuring digital accessibility for all users. We strive to make our website usable for individuals with disabilities in compliance with applicable accessibility standards. If you experience difficulty accessing any part of our website, please contact us so that we can assist you and work to improve accessibility.

22. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, please do not hesitate to contact us using the information provided below. We are committed to addressing your concerns promptly and professionally.

For legal notices, please submit your correspondence in writing via email to [email protected] with the subject line "Legal Notice – Terms of Service." We will endeavor to respond to all formal inquiries within a commercially reasonable timeframe.