Terms of Service

Effective Date: June 21, 2026  |  Last Updated: June 21, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Chuys ("Company," "we," "us," or "our"), the operator of the website located at chuys-fresh.click (the "Website"). By accessing, browsing, or using the Website, placing an order, creating an account, or otherwise engaging with any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement. If you are accessing or using our Website on behalf of a business entity or organization, you further represent that you have the authority to bind that entity to these Terms, and references to "you" shall include both you individually and the entity on whose behalf you act.

Your continued use of the Website following the posting of any revisions to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must cease using the Website immediately.

2. Description of Services

Chuys is a food-related business operating within the United States, offering customers access to fresh food products, menu items, and related culinary services through our Website and any associated platforms. Our services may include, but are not limited to, the following:

• Online Ordering: Customers may browse our menu, select food and beverage items, and place orders for pickup or delivery through the Website.
• Menu Information: We provide detailed information about our food offerings, including descriptions, pricing, ingredients, and allergen information to the best of our ability.
• Customer Account Management: Users may create and manage personal accounts to facilitate faster ordering, track order history, and manage preferences.
• Promotions and Special Offers: We may from time to time offer promotional deals, discounts, loyalty rewards, and special offers to registered and returning customers.
• Customer Support: We provide customer support services via email and phone to assist with inquiries, complaints, and order-related issues.
• Nutritional and Allergen Information: We make reasonable efforts to provide accurate nutritional data and allergen disclosures; however, customers with severe food allergies are strongly encouraged to contact us directly before placing an order.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We shall not be liable to you or any third party for any such modifications, suspensions, or discontinuations.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a condition of your use of the Website and our 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 at [email protected] if you suspect unauthorized access to your account.
• Use the Website only for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, and federal laws, including but not limited to the Federal Trade Commission Act ("FTC Act") and any applicable consumer protection laws.
• Respect the intellectual property rights of Chuys and third parties.
• Ensure that any information you submit through the Website does not violate the rights of any third party.

3.2 Prohibited Activities

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

• Fraudulent Activity: Submitting false, misleading, or fraudulent orders, payment information, or personal details.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, other user accounts, or our internal systems or networks.
• Scraping and Data Mining: Using automated tools, bots, scrapers, or similar technologies to extract data from the Website without our express written consent.
• Interference: Introducing viruses, malware, ransomware, or any other harmful code that may disrupt, damage, or interfere with the Website's operation.
• Reverse Engineering: Attempting to reverse engineer, decompile, or disassemble any software or technology underlying the Website.
• Harassment: Engaging in any conduct that harasses, intimidates, or causes harm to other users, our staff, or any third party.
• Impersonation: Impersonating Chuys, its employees, agents, or any other person or entity.
• Spam: Sending unsolicited commercial communications or spam through the Website or in connection with our services.
• Resale Without Authorization: Purchasing food or other products from Chuys for the purpose of unauthorized commercial resale without our prior written consent.
• Circumvention of Security: Attempting to bypass, disable, or circumvent any security features or restrictions implemented on the Website.
• Violation of Laws: Using the Website in any manner that violates applicable federal, state, or local laws and regulations.

We reserve the right to investigate suspected violations of these Terms and to take appropriate legal and/or technical action in our sole discretion, including suspending or terminating your account, reporting conduct to law enforcement authorities, and seeking injunctive relief or other remedies available under applicable law.

4. Ordering, Payment Terms, and Pricing

4.1 Order Placement

When you place an order through our Website, you are making an offer to purchase food products or services. We reserve the right to accept or decline any order at our sole discretion. An order is confirmed only when you receive an order confirmation from us via email or through the Website interface. We are not responsible for errors resulting from incorrect information submitted by you during the ordering process.

4.2 Pricing

All prices displayed on the Website are listed in United States Dollars (USD) and are subject to change without prior notice. Prices are exclusive of applicable taxes and delivery fees unless otherwise stated. We make every effort to ensure that pricing information on the Website is accurate; however, in the event of a pricing error, we reserve the right to cancel the affected order and issue a full refund.

4.3 Payment Methods

We accept payment via major credit cards, debit cards, and other payment methods as indicated at checkout. By submitting your payment information, you represent that you are authorized to use the designated payment method and authorize us to charge the total order amount, including applicable taxes and fees, to that payment method. All payment transactions are processed through secure, third-party payment processors. We do not store your full credit card or payment information on our servers.

4.4 Taxes

You are responsible for all applicable sales taxes, use taxes, and other governmental charges associated with your purchases. We will collect and remit sales tax as required by applicable United States federal and state law.

4.5 Cancellations and Refunds

Due to the perishable nature of food products, cancellation requests must be submitted promptly after placing an order. Once food preparation has commenced, cancellations may not be possible. Refunds, where applicable, will be issued to the original payment method within a reasonable timeframe. Please contact us at [email protected] for assistance with any order disputes or refund requests.

5. Intellectual Property Rights

All content available on the Website, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, digital downloads, data compilations, menu designs, brand names, trademarks, service marks, trade dress, and software (collectively, "Content"), is the exclusive property of Chuys or its content licensors and is protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and trademark laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with our services. This license does not include:

• The right to reproduce, distribute, publicly display, or create derivative works of any Content without our express prior written consent;
• The right to use any of our trademarks, trade names, or branding in any manner that could cause confusion or dilute our brand;
• The right to use any data mining, robots, or similar data gathering and extraction tools;
• The right to frame or link to our Website without our prior written consent.

Any unauthorized use of our Content or intellectual property may result in civil and criminal liability. If you believe your intellectual property rights have been infringed upon in connection with our Website, please contact us immediately at [email protected].

6. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE UNITED STATES LAW.

CHUYS 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, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH THE WEBSITE;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD PRODUCTS FOR ANY PARTICULAR DIETARY NEED OR HEALTH CONDITION.

While we make reasonable efforts to provide accurate allergen and nutritional information, we cannot guarantee that our food products are free from all allergens. Customers with food allergies or dietary restrictions should exercise extreme caution and contact us directly before placing an order. Chuys is not responsible for adverse reactions resulting from undisclosed or unknown allergen exposure.

Additionally, any third-party links or references appearing on our Website are provided for convenience only. We do not endorse, control, or assume any responsibility for the content, privacy practices, or services of any third-party websites.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, CHUYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Website or our services;
• Any errors, mistakes, or inaccuracies in Content;
• Unauthorized access to or use of our servers and any personal information stored therein;
• Any interruption or cessation of transmission to or from the Website;
• Any food products purchased through the Website, including allergic reactions, foodborne illness, or product dissatisfaction;
• Any third-party conduct or content on the Website.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OUR WEBSITE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO CHUYS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

8. Indemnification

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

• Your use of or access to the Website or our services;
• Your violation of these Terms of Service;
• Your violation of any applicable law, regulation, or third-party rights;
• Any content or information you submit, post, or transmit through the Website;
• Your fraudulent, negligent, or intentionally harmful conduct;
• Any dispute between you and another user of the Website or a third party.

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

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Chuys is primarily domiciled, without regard to any conflict of law principles that would require the application of another jurisdiction's laws.

To the extent that any dispute is not subject to arbitration as set forth in Section 10, you agree to submit to the exclusive jurisdiction of the federal and state courts located within the applicable United States jurisdiction where Chuys operates, and you hereby irrevocably waive any objection to the laying of venue in such courts, including any objection based on inconvenient forum.

You acknowledge and agree that, to the extent applicable, the following federal and state legal frameworks may govern aspects of our relationship:

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to contact Chuys first to attempt to resolve any dispute informally. Please send a written description of your dispute, including your full name, contact information, and a detailed description of the issue, to [email protected]. We will make a good-faith effort to respond within thirty (30) days of receiving your notice and to resolve the dispute to our mutual satisfaction.

10.2 Binding Arbitration

If we are unable to resolve the dispute informally within sixty (60) days, you and Chuys agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitration shall take place in the applicable United States jurisdiction where Chuys is domiciled, or via telephone or video conference, as agreed by the parties. 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 CHUYS EACH WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION OR CLASS-WIDE ARBITRATION. ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or other irreparable harm pending the outcome of arbitration.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you access or use the Website or our services. Your right to use the Website is conditioned upon your ongoing compliance with these Terms.

11.2 Termination by You

You may terminate your use of the Website at any time by ceasing to access the Website and, if applicable, by closing your user account. Please contact us at [email protected] to request account deletion.

11.3 Termination by Chuys

We reserve the right, at our sole discretion and without prior notice or liability, to suspend or terminate your access to the Website and our services for any reason, including but not limited to:

• Violation of these Terms of Service;
• Conduct that is harmful to other users, third parties, or the reputation of Chuys;
• Fraudulent, deceptive, or illegal activity;
• Failure to timely pay for orders or services;
• Extended periods of account inactivity.

11.4 Effect of Termination

Upon termination, your right to use the Website and our services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnification obligations, limitations of liability, dispute resolution, and governing law provisions.

12. Changes to Terms of Service

We reserve the right to update, modify, or revise these Terms of Service at any time at our sole discretion. Any changes will become effective upon posting the revised Terms on the Website, with an updated "Last Updated" date reflected at the top of this page. We may also, at our discretion, notify registered users of material changes via email to the address associated with their account.

It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued access to or use of the Website after the effective date of any revised Terms constitutes your binding acceptance of the modified Terms. If you do not agree to the revised Terms, you must discontinue your use of the Website immediately.

13. 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, store, and disclose information from our users. To the extent Chuys serves users in California, we comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), which provide California residents with specific rights regarding their personal information, including the right to know, the right to delete, the right to opt out of the sale of personal information, and the right to non-discrimination for exercising these rights. For more information, please review our Privacy Policy or contact us directly.

14. Food Safety and Allergen Disclaimer

Chuys is committed to providing fresh, high-quality food products prepared in accordance with applicable food safety regulations, including the Food Safety Modernization Act (FSMA) and applicable state and local health codes. However, please be aware of the following important notices:

• Nutritional and allergen information provided on our Website is based on standard recipes and may vary due to portion size differences, ingredient substitutions, and seasonal menu changes.
• We are not responsible for adverse health reactions resulting from the consumption of our food products when accurate allergen information has been disclosed.
• Consuming raw or undercooked food products may increase the risk of foodborne illness. Vulnerable individuals, including pregnant women, young children, elderly persons, and immunocompromised individuals, should exercise additional caution.

15. Third-Party Services and Links

The Website may contain links to or integrations with third-party websites, applications, services, or platforms (such as payment processors, delivery services, or social media platforms). These third-party services are governed by their own terms of service and privacy policies, and Chuys does not control, endorse, or assume any responsibility for such third-party services. Your interactions with third-party services are solely at your own risk and subject to their respective terms and policies.

We are not responsible for the accuracy, availability, legality, or suitability of any content, products, or services offered by third parties. We encourage you to carefully review the terms and privacy policies of any third-party service you access in connection with our Website.

16. Force Majeure

Chuys shall not be liable for any failure or delay in performance 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, pandemics, epidemics, government actions or restrictions, civil unrest, terrorism, fire, flood, labor disputes, power outages, internet service disruptions, or supply chain failures. In the event of such circumstances, we will make reasonable efforts to notify you and to resume normal operations as soon as practicable.

17. Severability

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

The parties further agree that if any provision is severed and the resulting agreement fails to reflect the original intent of the parties, the parties shall negotiate in good faith to amend the agreement to reflect the original intent as closely as possible consistent with applicable law.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies, guidelines, or notices posted on the Website, constitute the entire agreement between you and Chuys with respect to your use of the Website and our services. These Terms supersede all prior negotiations, representations, warranties, agreements, or understandings between you and Chuys relating to the same subject matter, whether written or oral.

No waiver of any provision of these Terms by Chuys shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. No Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of Chuys to be legally effective. A waiver of any breach of these Terms shall not constitute a waiver of any subsequent breach of the same or any other provision.

20. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Chuys reserves the right to freely assign these Terms or any rights or obligations hereunder without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any unauthorized assignment by you shall be null and void.

21. Electronic Communications and Consent

By using our Website and providing your email address, you consent to receiving electronic communications from Chuys, including order confirmations, account notifications, promotional materials, and legal notices. Electronic communications from Chuys satisfy any legal requirement that communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe instructions included in such communications or by contacting us directly. Please note that you cannot opt out of transactional communications related to your orders or account.

22. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service or any aspect of our services, please contact us using the information below:

These Terms of Service were last reviewed and updated on June 21, 2026. By continuing to use the Website and services of Chuys after this date, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions set forth herein.