Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at starbirdchicken-eat.digital (the "Site") or any services offered by Starbird Chicken ("Company," "we," "us," or "our"). By accessing or using our Site or services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of our Site and services.

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Starbird Chicken, governing your access to and use of the Site, including any content, features, functionality, online ordering systems, and services offered through starbirdchicken-eat.digital.

By visiting our Site, creating an account, placing an order, subscribing to any promotional communications, or otherwise engaging with our digital properties, you expressly agree to these Terms. This agreement is effective as of the first date you access or use the Site.

If you are using our Site or services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to "you" shall refer to both you individually and that entity.

You must be at least thirteen (13) years of age to use this Site. If you are under the age of eighteen (18), you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. We do not knowingly collect personal information from children under the age of thirteen (13) without verifiable parental consent.

2. Description of Services

Starbird Chicken is a food service business operating within the United States. Through our Site, we offer the following services:

• Online Menu Browsing: Access to our current food and beverage menu, including descriptions, pricing, allergen information, and nutritional details where available.
• Online Food Ordering: The ability to place orders for pickup, delivery, or catering directly through our Site or through integrated third-party platforms.
• Account Management: Registration and management of a personal user account to facilitate faster ordering, track order history, and manage loyalty rewards where applicable.
• Promotional Offers and Loyalty Programs: Access to exclusive deals, discount codes, limited-time offers, and any applicable loyalty or rewards programs offered by the Company.
• Customer Communications: Opt-in email, SMS, or push notification services for order updates, marketing communications, and service announcements.
• Catering and Special Orders: Inquiry and coordination services for catering orders, group meals, and special event food services.
• General Information: Access to information about our locations, hours of operation, contact details, and company background.

We reserve the right to modify, suspend, expand, or discontinue any aspect of our services at any time, with or without prior notice. The Company does not guarantee continuous, uninterrupted access to any of its services.

Certain features or services may require registration or account creation, and we reserve the right to limit access to specific services based on geographic location, compliance requirements, or at our sole discretion.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Site and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain and promptly update your account information to keep it accurate and complete.
• Keep your account credentials, including passwords, secure and confidential, and notify us immediately at [email protected] of any unauthorized use of your account.
• Use the Site and services solely for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site.
• Respect the intellectual property rights of the Company and third parties.
• Take responsibility for all activities that occur under your account.

3.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities when using our Site or services:

• Submitting false, misleading, or fraudulent orders, reviews, or other content.
• Using the Site for any unlawful purpose or in any manner that violates applicable federal, state, or local laws, including but not limited to the laws of the United States.
• Attempting to gain unauthorized access to any portion of the Site, server infrastructure, or any connected system or network.
• Using automated tools, bots, scrapers, or similar technologies to access, collect, or harvest data from our Site without express written permission.
• Interfering with or disrupting the integrity, performance, or security of the Site or its underlying infrastructure.
• Uploading, transmitting, or distributing any viruses, malware, or other harmful code through the Site.
• Impersonating any person or entity, or falsely claiming affiliation with any person or entity, including employees or representatives of Starbird Chicken.
• Engaging in any conduct that harasses, threatens, abuses, defames, or otherwise harms any individual or group.
• Circumventing or attempting to circumvent any technological measures implemented to protect the Site or its content.
• Reselling, sublicensing, or otherwise commercializing any aspect of the Site or services without prior written consent.
• Collecting or storing personal information of other users without their explicit consent.
• Using the Site in any manner that could damage, disable, overburden, or impair the Site's functionality.
• Attempting to reverse engineer, decompile, or disassemble any software or technology underlying the Site.
• Posting or transmitting any unsolicited advertising, promotional materials, spam, or chain messages.

Violation of any of the above may result in immediate termination of your account and access to our services, as well as potential civil or criminal liability.

4. Account Registration

Certain features of our Site require you to register for an account. When registering, you agree to provide truthful and accurate information. You are solely responsible for maintaining the confidentiality of your login credentials. Starbird Chicken will not be liable for any loss or damage arising from your failure to protect your account information.

We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion, including but not limited to accounts found to be in violation of these Terms. You may not create an account on behalf of another individual without their authorization.

5. Ordering, Pricing, and Payment Terms

5.1 Placing Orders

When you place an order through our Site, you are making an offer to purchase food products subject to these Terms. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our discretion, including but not limited to orders where pricing errors have occurred, items are unavailable, or where suspected fraudulent activity is involved.

5.2 Pricing

All prices listed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable taxes unless expressly stated. Applicable sales taxes will be calculated and displayed at checkout in accordance with federal and state tax regulations.

We make every effort to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel any order placed at an incorrect price, with prompt notification to the customer and a full refund if payment has been processed.

5.3 Payment Methods

We accept payment through the methods made available on the Site, which may include major credit and debit cards, digital wallets, and other payment processors as indicated at the time of checkout. By submitting payment information, you authorize us to charge the applicable amount to your designated payment method.

All payment transactions are processed through secure, third-party payment processors. We do not store full payment card information on our servers. By using our payment services, you agree to the applicable payment processor's terms and conditions.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been accepted and prepared. If you experience a problem with your order, please contact us immediately at [email protected]. Refund eligibility will be assessed on a case-by-case basis in accordance with applicable consumer protection laws, including protections afforded under the Federal Trade Commission Act and applicable state consumer protection statutes.

5.5 Third-Party Delivery Services

Where orders are fulfilled through third-party delivery platforms or services, separate terms and conditions of those platforms may apply. Starbird Chicken is not responsible for the acts or omissions of third-party delivery providers, including delays, incorrect deliveries, or service failures.

6. Intellectual Property Rights

All content, materials, and elements available on the Site, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, and the overall design, layout, and appearance of the Site (collectively, "Content"), are the exclusive property of Starbird Chicken or its content suppliers and are protected under United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable trade secret laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for personal, non-commercial purposes related to engaging with our food services. This license does not include the right to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or its Content.
• Modify, adapt, translate, create derivative works from, or reverse engineer any Content or technology on the Site.
• Use any data mining, scraping, crawling, or similar data gathering methods.
• Frame or mirror any part of the Site without express written consent.
• Remove or alter any copyright, trademark, or other proprietary notices on the Site.

The Starbird Chicken name, logo, and all related marks, names, and trade dress are trademarks of Starbird Chicken. Use of these marks without prior written authorization is strictly prohibited. Any unauthorized use may constitute an infringement of our intellectual property rights and may result in legal action.

If you believe that any content on our Site infringes your intellectual property rights, please contact us at [email protected] with a detailed notice consistent with the requirements of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

7. User-Generated Content

If you submit, post, upload, or otherwise provide any content to the Site, including reviews, comments, photos, feedback, or suggestions ("User Content"), you grant Starbird Chicken a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media format or channel.

You represent and warrant that you own or have the necessary rights to grant this license, that your User Content does not violate any third-party rights, and that your User Content complies with all applicable laws. We reserve the right to remove any User Content at our discretion without prior notice.

8. Disclaimers and "As-Is" Basis

THE SITE AND ALL SERVICES, CONTENT, AND INFORMATION PROVIDED THEREIN 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, STARBIRD CHICKEN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability — we do not warrant that the Site or its services will meet your requirements or expectations.
• Fitness for a particular purpose — we make no warranty that the Site or services will be suitable for any specific purpose.
• Non-infringement — we do not warrant that the Site or its content does not infringe the rights of third parties.
• Accuracy and completeness — we make no warranty that the information on the Site is accurate, current, complete, or error-free, including information related to menu items, prices, allergens, or nutritional content.
• Uninterrupted or error-free operation — we do not warrant that the Site will operate without interruption, delays, defects, or errors.
• Security — while we implement reasonable security measures, we cannot guarantee that the Site is free from viruses, unauthorized access, or other harmful components.

Any reliance you place on the information or services provided through the Site is strictly at your own risk. Starbird Chicken does not warrant that the results obtained from the use of the Site or services will be accurate, reliable, or meet your expectations.

We do not endorse, guarantee, or assume responsibility for any third-party products, services, or content that may be linked to or referenced on our Site.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING BUT NOT LIMITED TO THE LAWS OF THE UNITED STATES AND THE APPLICABLE STATE IN WHICH STARBIRD CHICKEN OPERATES, IN NO EVENT SHALL STARBIRD CHICKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, exemplary, or punitive damages;
• Loss of profits, revenue, data, goodwill, business opportunities, or anticipated savings;
• Damages arising from unauthorized access to or alteration of your account or data;
• Damages arising from any interruption, suspension, or termination of services;
• Damages arising from errors, omissions, or inaccuracies in the Site's content;
• Damages arising from any third-party conduct, services, or content.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF STARBIRD CHICKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS WHERE CERTAIN LIMITATIONS OF LIABILITY ARE NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN ALL CASES, STARBIRD CHICKEN'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO STARBIRD CHICKEN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

10. Indemnification

You agree to defend, indemnify, and hold harmless Starbird Chicken and its affiliates, officers, directors, shareholders, employees, contractors, agents, licensors, service providers, and successors 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 or reliance on the Site or services;
• Your violation of any applicable law or regulation;
• Your infringement or misappropriation of any intellectual property or other rights of any person or entity;
• Any User Content you submit, post, or transmit through the Site;
• Your negligence, willful misconduct, or fraud;
• Any claim by a third party arising from your use of the Site or services.

Starbird Chicken reserves the right to assume exclusive control of the defense of any matter otherwise subject to indemnification by you, at your expense. You agree to cooperate fully with us in asserting any available defenses in such cases.

11. Food Safety, Allergen, and Nutritional Information

Starbird Chicken takes food safety seriously and strives to provide accurate information regarding ingredients, allergens, and nutritional content. However, we cannot guarantee that all information is entirely accurate or up-to-date, as menu items, recipes, and suppliers may change.

If you have food allergies, dietary restrictions, or specific health concerns, we strongly encourage you to contact us directly at [email protected] before placing an order. Cross-contamination with allergens is possible in our kitchen environments, and we cannot guarantee allergen-free preparation.

Nothing on this Site constitutes dietary or medical advice. You assume full responsibility for any dietary decisions made based on information provided on the Site.

12. Third-Party Links and Services

The Site may contain links to third-party websites, services, or platforms, including delivery partners, payment processors, and social media platforms. These links are provided for your convenience only. Starbird Chicken does not control, endorse, or assume responsibility for the content, privacy practices, or terms of any third-party site or service.

Your use of any third-party site or service is governed by that third party's own terms and conditions and privacy policy. We encourage you to review those policies before engaging with third-party services. We are not responsible for any loss or damage arising from your use of or reliance on any third-party site or service.

13. Privacy Policy

Your use of the Site is also subject to our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy explains how we collect, use, disclose, and safeguard your personal information. By using the Site, you consent to the practices described in our Privacy Policy.

To the extent you are a California resident, additional rights may apply to you under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq. Please refer to our Privacy Policy for full details on your rights and our obligations.

14. Governing Law and Jurisdiction

These Terms of Service and all matters arising out of or related to these Terms or your use of the Site shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Starbird Chicken's principal place of business is located, without regard to its conflict of law provisions.

To the extent that any dispute must be resolved in court (and is not subject to mandatory arbitration as described in Section 15), you and Starbird Chicken agree to submit to the exclusive personal jurisdiction and venue of the federal and state courts located within the applicable state of Starbird Chicken's operations for the resolution of any legal disputes arising from these Terms or your use of the Site.

You waive any objection to the laying of venue of any such proceeding in such courts and waive any objection that such courts are an inconvenient forum.

These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, and the application of the Uniform Computer Information Transaction Act is expressly excluded.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute, claim, or controversy arising from or relating to these Terms or the Site informally by contacting us at [email protected]. We will attempt to resolve the dispute informally within thirty (30) days of receiving notice.

15.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or your use of our services, including questions about the existence, validity, or enforceability of this arbitration agreement, shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified herein.

The arbitration shall be conducted in English. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and applicable statutes of limitations. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND STARBIRD CHICKEN 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

15.4 Exceptions

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

15.5 Consumer Protection Rights

Nothing in this Section shall limit your rights under applicable consumer protection laws, including protections afforded by the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) or applicable state consumer protection statutes.

16. Term and Termination

These Terms are effective from the first date you access or use the Site and shall remain in full force and effect until terminated in accordance with this Section.

You may terminate your agreement with these Terms at any time by discontinuing your use of the Site and, if applicable, deleting your account. To request account deletion, contact us at [email protected].

Starbird Chicken reserves the right to suspend or terminate your access to the Site and services, with or without notice, and for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Conduct that we reasonably believe is harmful to other users, us, or third parties;
• Fraudulent, illegal, or abusive activity;
• Technical, operational, or business reasons at our sole discretion.

Upon termination, your right to use the Site and services will immediately cease. Sections of these Terms that by their nature should survive termination — including, without limitation, intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law — shall survive termination of these Terms.

17. Changes to Terms

Starbird Chicken reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and may notify you through the Site or via the email address associated with your account.

Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically. If you do not agree to the modified Terms, you must stop using the Site and services.

We encourage you to review this page regularly to stay informed of any updates. Changes will be effective immediately upon posting unless we state otherwise.

18. Severability

If any provision, clause, or part of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

In such circumstances, the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving as closely as possible the original intent and economic effect of that provision. All other provisions shall remain in full force and effect.

19. Entire Agreement

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

No waiver by Starbird Chicken of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Starbird Chicken to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Force Majeure

Starbird Chicken shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions, war, terrorism, labor disputes, power outages, internet service disruptions, or supply chain failures. In such circumstances, our obligations shall be suspended for the duration of the force majeure event.

21. Accessibility

Starbird Chicken is committed to ensuring digital accessibility for people with disabilities. We continually improve the user experience for all visitors and apply relevant accessibility standards. If you experience any difficulty accessing any portion of the Site, please contact us at [email protected] so that we may assist you and address any accessibility barriers.

22. Electronic Communications

By using our Site or services, you consent to receive electronic communications from Starbird Chicken, including but not limited to order confirmations, account notifications, promotional emails (if opted in), and updates to these Terms. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

You may opt out of promotional communications at any time by following the unsubscribe instructions in any such email or by contacting us at [email protected]. Transactional and operational communications are not subject to opt-out.

23. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you need to contact us for any reason related to these Terms, please reach out to us through the following channels:

We will make reasonable efforts to respond to all inquiries within a reasonable timeframe. For urgent food safety concerns, we encourage you to contact your local health authority as well.