Terms of Service

Please read these Terms of Service carefully before using the website located at starbird-chicken.click (the "Website") or any services offered by Starbird Chicken ("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 of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you are expressly prohibited from using our Website and services and must discontinue use immediately.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website at starbird-chicken.click, placing an order, or otherwise engaging with any of the services provided by Starbird Chicken, you enter into a legally binding agreement with Starbird Chicken under these Terms of Service. This agreement is effective as of the date you first access or use our Website or services.

These Terms of Service apply to all visitors, users, customers, and others who access or use our Website and services. The term "you" or "user" refers to any individual or entity who accesses or uses the Website or our services in any capacity.

If you are using our Website or services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms of Service, and in such a case, "you" shall refer to that entity. If you do not have such authority, you must not accept these Terms of Service or use the Website on behalf of such entity.

We reserve the right to require you to confirm your acceptance of these Terms of Service at any time. Your continued use of the Website or services after any modifications to these Terms of Service constitutes your acceptance of the revised terms.

2. Description of Services

Starbird Chicken is a food service business operating in the United States. Through our Website at starbird-chicken.click, we offer the following services and functionalities:

• Online Menu Browsing: Users may view our current food and beverage offerings, including descriptions, pricing, nutritional information, and allergen notices where applicable.
• Online Ordering: Users may place orders for food and beverages for pickup or delivery, subject to availability and our operating hours.
• Account Registration: Users may create an account to save preferences, track order history, and access loyalty rewards or promotional offers.
• Promotions and Loyalty Programs: From time to time, we may offer promotional discounts, loyalty points, reward programs, or special offers exclusively through our Website.
• Customer Support: Users may contact our customer service team via the contact information provided on our Website to resolve issues related to orders, accounts, or services.
• Catering Inquiries: Users may submit inquiries regarding catering services for events or large group orders.
• General Information: We provide general information about our brand, locations, business hours, and food safety practices.

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 modification, suspension, or discontinuation of services. The availability of specific menu items is subject to change without notice based on seasonal availability, supply chain conditions, and operational considerations.

Delivery services, where offered, may be fulfilled through third-party delivery platforms or partners. In such cases, separate terms and conditions of those third-party platforms may also apply, and Starbird Chicken shall not be responsible for the acts or omissions of such third-party delivery providers.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of accessing and using our Website and services, you agree to:

• Provide accurate, current, and complete information when registering for an account, placing an order, or otherwise interacting with our Website.
• Maintain the security of your account credentials and notify us immediately at [email protected] if you suspect any unauthorized access to your account.
• Use the Website and services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations of the United States.
• Comply with any and all guidelines, policies, and instructions provided by Starbird Chicken in connection with your use of the Website and services.
• Accept full responsibility for all activities that occur under your account.
• Ensure that any minors using your account to place orders have appropriate supervision and consent.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Website or services for any unlawful purpose, or in a manner that violates any applicable federal, state, or local law or regulation in the United States.
• Use the Website to engage in any fraudulent activity, including but not limited to submitting false orders, using stolen payment information, or misrepresenting your identity.
• Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to our Website through hacking, password mining, or any other means.
• Interfere with or disrupt the integrity or performance of the Website or the data contained therein, including through the use of viruses, bots, malware, or other malicious code.
• Use any automated means, including scrapers, bots, spiders, or crawlers, to access the Website or collect data from it without our prior written consent.
• Reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Website or its content for any commercial purpose without our express written permission.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Transmit unsolicited commercial communications, spam, or any other form of unauthorized advertising through the Website.
• Post, upload, or otherwise transmit any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable.
• Circumvent, disable, or otherwise interfere with any security features of the Website, including features that prevent or restrict the use or copying of any content.
• Engage in any conduct that restricts or inhibits any other user's use and enjoyment of the Website, or which, as determined by us in our sole discretion, may harm Starbird Chicken or users of the Website.
• Use the Website in any manner that could damage, disable, overburden, or impair our servers or networks.
• Attempt to probe, scan, or test the vulnerability of any part of our system or network.

Violation of these prohibitions may result in immediate termination of your account and access to our services, and may expose you to civil and/or criminal liability under applicable United States law.

4. Account Registration

To access certain features of our Website, such as placing orders and participating in loyalty programs, you may be required to register for an account. When creating an account, you must provide truthful and accurate information. You are solely responsible for maintaining the confidentiality of your account login credentials, including your username and password.

You agree to accept responsibility for all activities that occur under your account. You must immediately notify Starbird Chicken at [email protected] if you become aware of any breach of security or unauthorized use of your account. Starbird Chicken will not be liable for any loss or damage arising from your failure to comply with these account security obligations.

We reserve the right to refuse registration, cancel accounts, or remove or edit content at our sole discretion, at any time and for any reason, including if we believe that you have violated these Terms of Service.

5. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Starbird Chicken or its content suppliers and is protected by United States and international copyright laws, trademark laws, and other applicable intellectual property laws and treaties.

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

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 purposes in connection with using our services. This license does not include the right to:

• Modify or copy the materials;
• Use the materials for any commercial purpose or for any public display;
• Attempt to decompile or reverse engineer any software contained on the Website;
• Remove any copyright or other proprietary notations from the materials; or
• Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Starbird Chicken at any time. Upon termination of viewing or upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Any unauthorized use of our intellectual property may constitute a violation of federal and state laws, including the Digital Millennium Copyright Act (DMCA), the Lanham Act, and applicable state trademark laws, and could result in substantial civil and criminal penalties.

6. Payment Terms

When you place an order through our Website, you agree to pay the total amount displayed at checkout, including the price of the food and beverages, applicable taxes, service fees, and any delivery fees where applicable. All prices are listed in United States Dollars (USD).

We accept payment via the methods indicated on our Website at the time of checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your selected payment method for the total amount of your order.

All sales are subject to applicable federal, state, and local sales taxes as required by law. The applicable tax amount will be calculated and displayed before you confirm your order.

Prices are subject to change without notice. Any promotional pricing or discount codes are subject to their own specific terms and conditions and may not be combined with other offers unless expressly stated.

6.1 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you experience a problem with your order, please contact us at [email protected] as soon as possible. We will evaluate refund or replacement requests on a case-by-case basis in accordance with our internal refund policy and applicable consumer protection laws.

We reserve the right to cancel any order for any reason, including but not limited to unavailability of menu items, errors in pricing, or suspected fraudulent activity. In the event we cancel your order, you will receive a full refund of any amount charged.

7. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH OR IN CONNECTION WITH 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 PERMITTED BY APPLICABLE LAW, STARBIRD CHICKEN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Starbird Chicken does not warrant that:

• The Website will be available, uninterrupted, timely, secure, or error-free at all times;
• The results or information obtained through use of the Website will be accurate, reliable, or complete;
• Any errors or defects in the Website will be corrected;
• The Website or the servers that make it available are free of viruses or other harmful components.

We make no representation or warranty regarding the accuracy of nutritional information, allergen information, or ingredient details provided on the Website. Individuals with food allergies or dietary restrictions are strongly advised to contact us directly before placing an order. Cross-contamination may occur in our kitchens, and we cannot guarantee that any menu item is completely free from allergens.

Nothing on this Website is intended to constitute medical, dietary, or nutritional advice. Any information provided is for general informational purposes only.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW IN THE UNITED STATES, IN NO EVENT SHALL STARBIRD CHICKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, the Website or services;
• Any conduct or content of any third party on the Website;
• Any content obtained from the Website;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any food product purchased through or in connection with the Website;
• Any errors, inaccuracies, or omissions in the content of the Website.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STARBIRD CHICKEN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL STARBIRD CHICKEN'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO STARBIRD CHICKEN IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some states do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such states, our liability shall be limited to the maximum extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Starbird Chicken and its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or 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, including, but not limited to, any content you submit, post, transmit, or otherwise make available through the Website;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or consumer protection rights;
• Any claim that your content caused damage to a third party;
• Your negligence or willful misconduct.

This indemnification obligation will survive the termination of these Terms of Service and your use of the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

10. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Starbird Chicken. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Starbird Chicken shall not be liable for any loss or damage of any kind incurred as a result of your use of any such third-party websites or services, or your reliance on any content, products, services, or other materials available on or through such third-party sources.

The inclusion of any link on our Website does not imply endorsement, approval, or sponsorship by Starbird Chicken of the linked website or its operator.

11. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms of Service by this reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information. By using the Website, you consent to the data practices described in our Privacy Policy.

To the extent you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for details regarding your California privacy rights.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or 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 state laws of the state in which Starbird Chicken is principally located, without regard to its conflict of law provisions.

Subject to the dispute resolution provisions set forth in Section 13 below, you agree that any legal action or proceeding arising under or related to these Terms of Service shall be brought exclusively in the federal or state courts located in the United States, and you hereby consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction and venue.

These Terms of Service are subject to applicable federal laws and regulations of the United States, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive trade practices, the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Digital Millennium Copyright Act (17 U.S.C. § 512), and other applicable federal statutes and regulations.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal legal proceeding, you agree to first contact Starbird Chicken at [email protected] and provide a written description of the dispute, the harm suffered, and the relief sought. The parties agree to attempt to resolve the dispute through good-faith informal negotiation for a period of thirty (30) days from the date of the initial notice. If the dispute is not resolved through informal negotiation within this period, either party may proceed to formal dispute resolution as described below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims that qualify for small claims court, you and Starbird Chicken agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Website or services, 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.).

The arbitration shall be conducted by a recognized arbitration organization under its then-current applicable rules and procedures. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that arbitration may proceed on a class basis, then the entire arbitration agreement set forth above shall be deemed null and void and the parties shall be deemed to have not agreed to arbitrate disputes.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, privacy rights, or confidential information. Such a request shall not be deemed a waiver of the obligation to arbitrate.

14. Term and Termination

These Terms of Service are effective as of the date you first access the Website or use our services and shall remain in full force and effect for as long as you continue to use the Website or our services, unless earlier terminated in accordance with the terms herein.

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

• Your breach of any provision of these Terms of Service;
• Your violation of any applicable law or regulation;
• Conduct that Starbird Chicken believes is harmful to other users, third parties, or the business interests of Starbird Chicken;
• Inactivity of your account for an extended period of time;
• Technical, security, or legal reasons.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations.

Upon termination of these Terms of Service for any reason, the following provisions shall survive termination: Intellectual Property Rights (Section 5), Disclaimers (Section 7), Limitation of Liability (Section 8), Indemnification (Section 9), Governing Law and Jurisdiction (Section 12), Dispute Resolution (Section 13), and any other provisions that by their nature should survive termination.

15. Changes to Terms of Service

Starbird Chicken reserves the right, at its sole discretion, to modify, update, or replace any part of these Terms of Service at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this page, and in some cases, we may provide additional notice such as sending you an email notification or displaying a prominent notice on our Website.

It is your responsibility to review these Terms of Service periodically for changes. Your continued access to or use of the Website or services after the posting of any modified Terms of Service constitutes your binding acceptance of such changes. If you do not agree to the modified terms, you must immediately stop using the Website and our services and, if applicable, close your account.

Any changes to these Terms of Service will not apply retroactively to disputes that arose before the effective date of such changes, unless otherwise required by applicable law.

16. Severability

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

The failure of Starbird Chicken to enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision. A waiver of any provision of these Terms of Service on one occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Starbird Chicken on the Website, shall constitute the entire agreement between you and Starbird Chicken concerning the Website and services and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, between you and Starbird Chicken relating to such subject matter.

No modification of these Terms of Service by you shall be effective unless made in writing and signed by an authorized representative of Starbird Chicken.

18. Force Majeure

Starbird Chicken shall not be liable for any failure or delay in performance of its obligations under these Terms of Service arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God, natural disasters, pandemics, epidemics, government restrictions, war, terrorist acts, labor disputes, power outages, internet service disruptions, or any other events beyond the reasonable control of Starbird Chicken. In such events, Starbird Chicken shall be excused from performance of its obligations for the duration of the force majeure event.

19. Electronic Communications

By using the Website and our services, you consent to receiving electronic communications from Starbird Chicken. These electronic communications may include notices about your account, orders, promotional offers, and other information concerning or related to the Website and services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, to the extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.

20. Children's Use

Our Website and services are not directed to individuals under the age of thirteen (13). We do not knowingly collect personal information from children under 13. If you are a parent or guardian and you believe that your child has provided us with personal information without your consent, please contact us at [email protected] so that we may take appropriate action. Our data practices are also subject to the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq., to the extent applicable.

21. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact Starbird Chicken for any reason related to your use of our Website or services, please reach out to us using the following contact information:

We will make reasonable efforts to respond to all inquiries within a reasonable time frame. For urgent matters related to food safety or order issues, please contact us immediately via email.