Terms of Service

Please read these Terms of Service carefully before using the website choptnow.top or any services offered by Chopt. By accessing or using our website, placing an order, or otherwise interacting with our platform, 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 immediately discontinue your use of our website and 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 located at choptnow.top (the "Site") and all related services, features, content, and applications offered by Chopt (collectively, the "Services").

By accessing the Site, creating an account, placing an order, or using any of our Services, 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 guardian consent;
• You have the legal capacity to enter into a binding contract under applicable United States law;
• You are not barred from receiving services under the laws of the United States or any other applicable jurisdiction;
• You will comply with these Terms and all applicable local, state, and federal laws and regulations.

If you are accessing or using the Services on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to "you" shall include such entity.

Your continued use of the Site or Services after any modification to these Terms constitutes your acceptance of such modifications. We encourage you to review these Terms periodically.

2. Description of Services

Chopt is a food service company operating in the United States, dedicated to providing customers with high-quality, freshly prepared food products, including salads, grain bowls, wraps, and other health-conscious menu items. Our Services include, but are not limited to:

• Online Ordering: The ability to browse our menu and place orders for food items through the Site or integrated third-party platforms;
• Delivery Services: Delivery of food orders to addresses within our designated service areas, subject to availability;
• Pickup Options: In-store or curbside pickup of pre-ordered meals at participating locations;
• Catering Services: Bulk ordering and catering arrangements for events, corporate gatherings, and group meals, subject to separate catering agreements where applicable;
• Loyalty and Rewards Programs: Optional participation in any loyalty, rewards, or promotional programs offered by Chopt from time to time;
• Account Management: The ability to create and manage a personal user account, save preferences, view order history, and manage payment methods;
• Customer Support: Access to our customer service team via email at [email protected] for inquiries, complaints, and support requests.

Chopt reserves the right, in its sole discretion, to modify, suspend, or discontinue any aspect of the Services at any time, with or without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

The availability of certain Services, menu items, and features may vary by location, time, and other operational factors. Chopt makes no guarantee of the continuous availability of any specific product, menu item, or feature on the Site.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing orders, or communicating with us;
• Maintain the security and confidentiality of your account credentials, including your username and password;
• Promptly notify Chopt of any unauthorized use of your account or any other security breach at [email protected];
• Update your account information to keep it accurate and current;
• Use the Services only for lawful purposes and in a manner consistent with these Terms;
• Comply with all applicable federal, state, and local laws, including those of the United States, when using the Services;
• Respect the intellectual property rights of Chopt and third parties;
• Pay all applicable fees and charges for orders placed through the Site in a timely manner.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities when using the Site or Services:

• Using the Site or Services for any unlawful, fraudulent, or unauthorized purpose;
• Attempting to gain unauthorized access to any portion of the Site, other user accounts, or any computer systems or networks connected to the Site;
• Interfering with, disrupting, or creating an undue burden on the Site's servers, networks, or infrastructure;
• Using any automated tools, bots, scrapers, crawlers, or similar technologies to access, collect, or copy data from the Site without our express written consent;
• Submitting false, misleading, or fraudulent orders, reviews, or information;
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity;
• Uploading, transmitting, or distributing any malware, viruses, or other harmful code or software;
• Engaging in any conduct that restricts or inhibits any other user's use or enjoyment of the Services;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software used in connection with the Site;
• Reselling or commercially exploiting any content, data, or services obtained from the Site without our prior written authorization;
• Using the Services to send unsolicited commercial communications (spam) or to engage in any form of harassment;
• Violating any applicable federal, state, or local law or regulation, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the CAN-SPAM Act (15 U.S.C. § 7701 et seq.).

Chopt reserves the right to investigate and take appropriate legal and/or operational action against any user who, in Chopt's sole discretion, violates these provisions, including reporting such conduct to law enforcement authorities.

4. Intellectual Property Rights

All content, materials, and intellectual property available on or through the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and compilation of the Site (collectively, the "Content"), are the exclusive property of Chopt or its content licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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

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 Services solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works from the Content;
• Use any data mining, robots, or similar data gathering or extraction methods;
• Download or copy account information for the benefit of another merchant or service provider;
• Use or attempt to use the intellectual property of Chopt for commercial purposes without express written authorization.

Any unauthorized use of the Content or intellectual property of Chopt terminates the license granted herein and may subject you to civil and criminal penalties under applicable law, including the Digital Millennium Copyright Act (17 U.S.C. § 512) and other relevant statutes.

If you believe that any content on the Site infringes your copyright, please contact us at [email protected] with a description of the claimed infringement and the relevant details required under 17 U.S.C. § 512(c)(3).

5. Payment Terms

5.1 Pricing and Fees

All prices for food items, delivery fees, service charges, and other applicable fees are displayed on the Site at the time of ordering. Prices are listed in United States Dollars (USD) and are subject to change without notice. Chopt reserves the right to modify, correct, or update pricing at any time, and any changes will be reflected on the Site prior to your order confirmation.

5.2 Payment Methods

Chopt accepts payment via major credit cards, debit cards, and other payment methods as indicated on the Site at checkout. 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, current, and complete;
• You will promptly update your payment information if it changes.

5.3 Order Confirmation and Charges

Your order is not confirmed until you receive an order confirmation from Chopt. We reserve the right to cancel or refuse any order at our sole discretion, including in cases of pricing errors, suspected fraud, or product unavailability. In such cases, any charges to your payment method will be promptly refunded.

5.4 Taxes

Applicable sales taxes, excise taxes, and other government-mandated fees will be calculated and added to your order total at checkout, in accordance with federal and applicable state and local tax laws. You are responsible for all taxes applicable to your orders.

5.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience a quality issue, incorrect order, or other problem with your purchase, please contact us at [email protected] within 24 hours of receiving your order, and we will work with you to find an appropriate resolution, which may include a refund, credit, or replacement at our discretion. Cancellation requests must be submitted prior to the preparation of your order, and eligibility for cancellation will be determined on a case-by-case basis.

6. Disclaimers and "As-Is" Basis

THE SITE AND 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, 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 OR SERVICES 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 OR INFORMATION AVAILABLE THROUGH THE SITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF HARMFUL COMPONENTS.

6.1 Food Allergen and Dietary Disclaimer

While Chopt makes reasonable efforts to provide accurate allergen and nutritional information for menu items, we cannot guarantee that any item is completely free from allergens, cross-contamination, or ingredients that may affect individuals with specific dietary needs, allergies, or medical conditions. Menu items may contain or come into contact with common allergens including but not limited to tree nuts, peanuts, dairy, eggs, wheat, soy, fish, and shellfish. Customers with food allergies, intolerances, or specific dietary requirements are solely responsible for reviewing ingredient information and consult with a qualified medical professional before consuming our products. Chopt shall not be liable for any adverse health effects resulting from the consumption of our food products.

6.2 Third-Party Services

The Site may contain links to or integrations with third-party websites, platforms, or services. These third-party services are not under the control of Chopt, and we make no representations or warranties regarding the content, privacy practices, or terms of service of such third parties. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT (15 U.S.C. § 41 ET SEQ.) AND APPLICABLE STATE CONSUMER PROTECTION LAWS, IN NO EVENT SHALL CHOPT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS 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 UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
• DAMAGES RESULTING FROM ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
• DAMAGES RESULTING FROM ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL CONTENT TRANSMITTED THROUGH THE SITE BY ANY THIRD PARTY;
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHOPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, CHOPT'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CHOPT IN THE TWELVE (12) 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 CERTAIN WARRANTIES OR LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CHOPT'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. Indemnification

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

• Your use of or access to the Site or Services;
• Your violation of these Terms;
• Your violation of any applicable federal, state, or local law or the rights of any third party;
• Any content you submit, post, or transmit through the Site;
• Your fraud, willful misconduct, or negligence;
• Any dispute between you and another user or third party in connection with the Services;
• Any unauthorized use of your account resulting from your failure to maintain the confidentiality of your credentials.

Chopt reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate fully with our defense of such claims. You may not settle any claim without Chopt's prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with these Terms or the Services (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Chopt primarily operates, without regard to any conflict of law principles that would cause the application of the laws of any other jurisdiction.

Subject to the arbitration provisions set forth in Section 10 below, any legal action or proceeding arising under or relating to these Terms that is not subject to arbitration shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and the parties hereby consent to the personal jurisdiction and venue of such courts.

You acknowledge that the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other applicable federal consumer protection laws may apply to your use of the Services. Where applicable, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) and other state-specific consumer protection laws shall also apply to residents of those respective states.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Chopt at [email protected] and provide a written description of the dispute, your desired resolution, and your contact information. You and Chopt agree to attempt to resolve the dispute informally for a period of at least thirty (30) days from the date Chopt receives your written notice before pursuing any formal legal proceedings.

10.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (INCLUDING THE INTERPRETATION, VALIDITY, BREACH, OR TERMINATION THEREOF) SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in English.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate. The arbitrator's award 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 CHOPT EACH AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR OR CHOPT'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

10.4 Exceptions

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

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you use the Site or Services or maintain an account with Chopt.

11.2 Termination by You

You may terminate your account and your agreement to these Terms at any time by discontinuing use of the Services and, if applicable, by requesting deletion of your account by contacting us at [email protected]. Termination of your account will not relieve you of any obligations or liabilities that arose prior to termination, including outstanding payment obligations.

11.3 Termination by Chopt

Chopt reserves the right, in its sole discretion, to:

• Suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice;
• Refuse service to any person or entity for any lawful reason;
• Discontinue or modify the Services or any portion thereof at any time.

Grounds for termination include, without limitation, violation of these Terms, fraudulent activity, abusive conduct toward Chopt employees or other users, non-payment, or conduct that Chopt deems harmful to its business, reputation, or other users.

11.4 Effect of Termination

Upon termination of your account or these Terms for any reason:

• Your right to use the Site and Services will immediately cease;
• Any outstanding balances owed to Chopt shall become immediately due and payable;
• Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Law), 10 (Dispute Resolution), and 14 (Severability).

12. Changes to Terms

Chopt reserves the right to modify, update, or revise these Terms at any time in its sole discretion. When we make material changes to these Terms, we will notify you by one or more of the following methods:

• Posting the revised Terms on the Site with an updated "Last Updated" date at the top of this page;
• Sending an email notification to the email address associated with your account;
• Displaying a prominent notice on the Site prior to the change becoming effective.

Changes to these Terms will become effective upon posting to the Site, unless otherwise indicated. Your continued use of the Site or Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Site and Services and, if applicable, request deletion of your account.

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

13. Additional Provisions

13.1 User-Generated Content

If you submit, post, or otherwise transmit any content to the Site, including reviews, comments, photographs, or feedback ("User Content"), you grant Chopt a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the Services and Chopt's business operations. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe the rights of any third party.

13.2 Privacy Policy

Your use of the Site and Services is also governed by Chopt's Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy describes how we collect, use, disclose, and protect your personal information in compliance with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA/CPRA) for California residents and the FTC Act for general consumer protection. Please review the Privacy Policy carefully before using the Site.

13.3 Force Majeure

Chopt shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond Chopt's reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, civil unrest, government actions, labor disputes, power failures, internet disruptions, or other events of force majeure. Chopt will use commercially reasonable efforts to resume performance as soon as practicable following any such event.

13.4 No Waiver

The failure of Chopt to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Chopt.

13.5 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or policies published by Chopt on the Site, constitute the entire agreement between you and Chopt with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

13.6 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of Chopt. Chopt may freely assign, transfer, or delegate any or all of its rights and obligations under these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets, without your consent and without notice to you.

13.7 Notices

All notices and other communications required or permitted under these Terms shall be in writing and shall be deemed delivered when sent by email to the address provided by the respective party. Notices to Chopt should be sent to [email protected]. Notices to you will be sent to the email address associated with your account.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or an arbitrator, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision shall not affect the validity and enforceability of the remaining provisions of these Terms.

The parties further agree that if any portion of the Class Action Waiver in Section 10.3 is found to be unenforceable, then the entirety of the arbitration provision in Section 10.2 shall be null and void, and the dispute shall be resolved through litigation in a court of competent jurisdiction.

15. Contact Information

If you have any questions, concerns, comments, or requests regarding these Terms of Service, your rights, or the Services offered by Chopt, please do not hesitate to contact us using the information below:

We strive to respond to all inquiries within two (2) business days. For urgent matters related to order issues, please indicate "URGENT" in the subject line of your email.