Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at chuysgrill.click (the "Website") or any services offered by Chuys ("Company," "we," "us," or "our"). By accessing or using our Website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately discontinue use of this Website and our services.

1. Acceptance of Terms

By visiting, browsing, or using the Website chuysgrill.click, placing an order, creating an account, or otherwise interacting with Chuys in any capacity, you ("User," "you," or "your") enter into a legally binding agreement with Chuys and agree to comply fully with these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference.

These Terms apply to all visitors, customers, registered users, and any other individuals who access or use the Website or services. If you are accessing or using our services on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" shall also refer to that entity.

You must be at least 18 years of age to use this Website and its services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old, or that you are the parent or legal guardian of a minor using the Website with your express consent and under your supervision.

We reserve the right to update, amend, or replace these Terms at any time. Your continued use of the Website following any such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.

2. Description of Services

Chuys is a food service business operating in the United States. Through our Website at chuysgrill.click, we provide users with access to the following services and features:

• Online menu browsing and food item information
• Online food ordering and reservations (where available)
• Catering and event service inquiries
• Promotional offers, loyalty programs, and special discounts
• Customer support and communication channels
• General informational content about Chuys, its locations, hours, and offerings
• Gift card purchases and management (where applicable)
• Newsletter subscriptions and email marketing communications (with your consent)

All services provided through this Website are subject to availability. We reserve the right to modify, suspend, or discontinue any portion of our services at any time, with or without notice, and without liability to you or any third party. We may also impose limits on certain features or restrict your access to parts or all of the Website without notice or liability.

Chuys does not guarantee that the Website will be available at all times or that the services will be free from errors, interruptions, or technical difficulties. We make no warranties of any kind regarding the reliability, accuracy, or completeness of any information provided through the Website.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access
• Use the Website and services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations
• Comply with all applicable United States laws, including but not limited to the Federal Trade Commission (FTC) Act, the Computer Fraud and Abuse Act (CFAA), the CAN-SPAM Act, and any applicable state regulations
• Respect the intellectual property rights of Chuys and third parties
• Ensure that any content you submit or post on the Website is lawful, accurate, and does not violate any third-party rights

3.2 Prohibited Activities

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

• Fraudulent Activity: Submitting false, misleading, or fraudulent orders, reviews, inquiries, or communications
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, its servers, databases, or connected systems
• Data Scraping: Using automated tools, bots, crawlers, scrapers, or similar technologies to collect data from the Website without our express written permission
• Interference: Interfering with or disrupting the integrity or performance of the Website, its servers, or networks
• Malware Distribution: Uploading or transmitting any viruses, trojans, worms, malware, or other harmful code
• Harassment: Harassing, threatening, or intimidating other users, employees, or representatives of Chuys
• Impersonation: Impersonating Chuys, its employees, or any other person or entity
• Illegal Transactions: Using the Website to facilitate any unlawful transactions or activities
• Spam: Sending unsolicited commercial messages, spam, or chain letters through the Website
• Reverse Engineering: Attempting to reverse engineer, decompile, or disassemble any software or systems used to operate the Website
• Unauthorized Resale: Reselling, sublicensing, or distributing our services or content without our prior written consent
• Minors: Knowingly collecting or soliciting personal information from children under the age of 13 in violation of the Children's Online Privacy Protection Act (COPPA)

Any violation of these prohibitions may result in immediate termination of your access to the Website and services, and may subject you to civil and criminal liability under applicable laws.

4. Intellectual Property Rights

All content, materials, and information available on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, software, and the overall design, layout, and appearance of the Website (collectively, the "Content"), are the exclusive property of Chuys or its licensors and are protected by United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

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

4.1 Limited License

Subject to these Terms, Chuys grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or Content
• Modify or create derivative works based on the Website or Content
• Publicly display or perform any Content without our express written consent
• Use the Content for any commercial purpose or public display

4.2 User-Generated Content

If you submit, post, or transmit any content to the Website, including reviews, comments, photos, or feedback ("User Content"), you grant Chuys a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any form, format, or medium. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe any third-party rights.

5. Payment Terms

Where applicable, the following payment terms govern your transactions with Chuys through the Website:

5.1 Pricing and Payment Methods

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Chuys reserves the right to modify pricing at any time. We accept various forms of payment, including major credit cards, debit cards, and other payment methods as displayed at checkout.

5.2 Order Confirmation

Placing an order through our Website constitutes an offer to purchase the selected items. Chuys reserves the right to accept or reject any order at its discretion. An order is not confirmed until you receive a written or electronic confirmation from us.

5.3 Taxes

All applicable federal, state, and local taxes will be calculated and added to your order total at checkout. You are solely responsible for paying all applicable taxes associated with your purchases.

5.4 Refunds and Cancellations

All sales are subject to our Refund and Cancellation Policy, which is available on the Website. In general, due to the perishable nature of food products, refunds may be limited. Please contact us at [email protected] for any concerns regarding your order.

5.5 Promotional Offers and Discounts

Promotional codes, discounts, and special offers are subject to specific terms and conditions, including expiration dates and usage limitations. Chuys reserves the right to modify or discontinue any promotion at any time without notice.

6. Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY CHUYS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

CHUYS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT:

• The accuracy, reliability, completeness, or timeliness of any content or information on the Website
• The results that may be obtained from using the Website or services
• The availability of the Website or services at any particular time or location
• That the Website will be free from errors, defects, viruses, or other harmful components
• That any defects or errors will be corrected
• The quality, safety, or suitability of any food products or services described on the Website

Any reliance you place on the information provided through the Website is strictly at your own risk. Chuys does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any third-party websites linked to or from the Website.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHUYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Loss of goodwill or reputation
• Personal injury or property damage arising from your use of the Website or services
• Unauthorized access to or alteration of your transmissions or data
• Any conduct or content of any third party on the Website
• Any content obtained from the Website
• Errors, mistakes, or inaccuracies in the content on the Website

THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CHUYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CHUYS'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN ALL CASES, CHUYS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO CHUYS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

8. Indemnification

You agree to defend, indemnify, and hold harmless Chuys and its respective officers, directors, employees, 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 violation of these Terms of Service
• Your use of the Website or services in a manner not expressly authorized by these Terms
• Your violation of any applicable federal, state, or local law or regulation
• Your infringement of any intellectual property or other rights of any third party
• Any User Content you submit, post, or transmit through the Website
• Your negligence, misconduct, or fraud
• Any dispute between you and any third party

Chuys reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such event, you agree to cooperate with Chuys's defense of such claim. You agree not to settle any matter without the prior written consent of Chuys.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state where Chuys is principally located, without regard to any conflict of law provisions.

To the extent permitted by applicable law, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the federal or state courts of the United States. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

These Terms are subject to and comply with applicable United States federal laws, including but not limited to:

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute with Chuys informally. You must send written notice of your dispute to Chuys via email at [email protected]. We will attempt to resolve the dispute within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within that period, either party may proceed to formal dispute resolution as set forth below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes that qualify for small claims court, any and all disputes, controversies, or claims arising out of or relating to these Terms, your use of the Website, or our services shall be resolved by binding individual arbitration administered by a recognized arbitration organization, such as the American Arbitration Association (AAA), in accordance with its Consumer Arbitration Rules. The arbitration shall take place in the United States, and the arbitrator's decision shall be final and binding.

You acknowledge and agree that:

• Arbitration is final and binding on both parties
• Both parties are waiving the right to a jury trial
• Both parties are waiving the right to participate in a class action lawsuit or class-wide arbitration
• Discovery in arbitration is more limited than in court
• Arbitrators' awards are generally not subject to appeal

10.3 Class Action Waiver

YOU AND CHUYS AGREE THAT EACH 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise 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 in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

11. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Chuys. These links are provided solely for your convenience and informational purposes. Chuys has no control over, and assumes no responsibility for, the content, privacy policies, practices, or availability of any third-party websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites you visit. Your access and use of third-party websites is at your own risk. Chuys shall not be liable for any damages or losses caused by or related to your use of or reliance on any content, goods, or services available on or through any such third-party sites or services.

12. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information. By using our Website and services, you consent to our collection and use of your personal information as described in our Privacy Policy. We encourage you to review our Privacy Policy carefully.

To the extent applicable, if you are a resident of California, your use of the Website is subject to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). For more information about your California privacy rights, please refer to our Privacy Policy.

13. Term and Termination

13.1 Term

These Terms of Service shall remain in full force and effect for as long as you access or use the Website or services, or maintain an account with Chuys. Certain provisions of these Terms, by their nature, shall survive termination, including but not limited to intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, and governing law provisions.

13.2 Termination by You

You may terminate your account and cease using the Website at any time by contacting us at [email protected]. Upon termination, your right to use the Website and services will immediately cease. However, any outstanding orders or obligations incurred prior to termination shall remain in effect.

13.3 Termination by Chuys

Chuys reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to the Website and services, with or without notice, for any reason, including but not limited to:

• Violation of these Terms of Service
• Fraudulent, illegal, or harmful conduct
• Inability to verify or authenticate your identity or information
• Requests by law enforcement or government agencies
• Extended periods of inactivity
• Technical, security, or legal concerns

13.4 Effect of Termination

Upon termination of your account or access, all rights and licenses granted to you under these Terms will immediately cease. Chuys shall not be liable to you or any third party for any termination of your access to the Website or services.

14. Changes to Terms of Service

Chuys reserves the right to modify, amend, update, or replace these Terms of Service at any time, in its sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. In some cases, we may provide additional notice of material changes, such as by posting a prominent notice on the Website or sending you an email notification.

Your continued use of the Website or services following the posting of any changes to these Terms constitutes your acceptance of and agreement to those changes. If you do not agree to the revised Terms, you must immediately stop using the Website and our services. It is your responsibility to periodically review these Terms to stay informed of any updates or modifications.

15. Severability

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

The parties agree that any provision held to be invalid or unenforceable shall be replaced by a valid and enforceable provision that most closely achieves the economic effect and intent of the original provision.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Chuys on the Website, constitute the entire agreement between you and Chuys with respect to your use of the Website and services. These Terms supersede and replace all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral, regarding the subject matter herein.

No failure or delay by Chuys in exercising any right, power, or remedy shall operate as a waiver of that right, power, or remedy. No waiver by Chuys of any breach or default of any provision of these Terms shall be deemed a waiver of any subsequent breach or default, and shall not affect the other terms of these Terms.

17. Force Majeure

Chuys shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, government actions or restrictions, civil disturbances, strikes or labor disputes, power outages, internet or telecommunications failures, supply chain disruptions, or any other event of force majeure. In such circumstances, our obligations shall be suspended for the duration of the event, and we shall use commercially reasonable efforts to resume normal operations as soon as practicable.

18. Accessibility

Chuys is committed to ensuring that our Website is accessible to individuals with disabilities in compliance with the Americans with Disabilities Act (ADA) and applicable accessibility standards. If you experience any difficulty accessing or using our Website due to a disability, please contact us at [email protected] and we will make reasonable efforts to assist you and address any accessibility concerns.

19. Contact Information

If you have any questions, concerns, complaints, or inquiries about these Terms of Service or your use of the Website and services, please do not hesitate to contact us using the following information:

We will make every reasonable effort to respond to your inquiry within five (5) business days. For urgent matters related to food safety or immediate concerns, we encourage you to contact us directly via email for the fastest response.