Terms of Service

Please read these Terms of Service carefully before using the website located at new-wingsover.click or any services offered by Wings Over. By accessing or using our website and services, you agree to be legally bound by these Terms of Service. If you do not agree to these terms, you must immediately discontinue your use of our website and services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Wings Over ("Company," "we," "us," or "our"), governing your access to and use of the website new-wingsover.click (the "Site") and all related food ordering services, digital platforms, content, and functionalities made available by Wings Over (collectively, the "Services").

By visiting our website, placing an order, creating an account, or otherwise engaging with our Services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or you are the age of majority in your jurisdiction, or you have obtained verifiable parental or guardian consent;
• You have the legal authority to enter into this Agreement on behalf of yourself or the organization you represent;
• Your use of the Services complies with all applicable federal, state, and local laws and regulations.

We reserve the right to refuse service, close accounts, or cancel orders at our sole discretion if we have reason to believe that these Terms have been violated.

2. Description of Services

Wings Over is a food service company operating in the United States that provides consumers with the ability to browse our menu, place online orders for food and beverages, schedule pickup or delivery services, and interact with promotional content through our digital platform located at new-wingsover.click.

2.1 Food Ordering and Delivery

Our primary services include, but are not limited to:

• Online Menu Access: Browsing our full range of menu items including wings, sauces, sides, beverages, and combo meals;
• Order Placement: Placing individual or group food orders through our website or any affiliated ordering platforms;
• Pickup Services: Ordering food in advance for in-person pickup at designated Wings Over locations;
• Delivery Services: Arranging delivery of food orders to addresses within designated service areas, which may be fulfilled by Wings Over directly or through third-party delivery partners;
• Promotional Offers: Access to coupons, discounts, loyalty rewards, and special promotional deals published on our platform;
• Customer Support: Assistance with orders, billing inquiries, complaints, and general questions via email or phone.

2.2 Third-Party Delivery Partners

Wings Over may partner with third-party delivery platforms and logistics providers to fulfill delivery orders. In such cases, your interaction with those third-party services is subject to their separate terms and privacy policies. Wings Over is not liable for the acts, errors, omissions, representations, warranties, or negligence of any third-party delivery partner.

2.3 Service Availability

Our Services are subject to availability and may be modified, suspended, or discontinued at any time without prior notice. We do not guarantee continuous, uninterrupted access to our Site or Services. Availability of menu items and delivery zones may vary by location and time.

3. User Obligations and Prohibited Activities

3.1 Account Registration

Certain features of our Services may require you to register an account. You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information to keep it accurate and complete;
• Keep your login credentials confidential and not share your username or password with any third party;
• Notify us immediately at [email protected] upon becoming aware of any unauthorized use of your account;
• Accept full responsibility for all activities that occur under your account.

3.2 Lawful Use

You agree to use our Services solely for lawful purposes and in a manner consistent with all applicable federal, state, and local laws, including but not limited to the Federal Trade Commission Act (FTC Act), applicable consumer protection laws, and any state-specific food safety or commerce regulations.

3.3 Prohibited Activities

You are strictly prohibited from engaging in any of the following activities in connection with our Services:

• Using the Services for any unlawful, fraudulent, or deceptive purpose;
• Submitting false, misleading, or fraudulent orders or payment information;
• Using automated scripts, bots, scrapers, or other automated tools to access, collect data from, or interact with our Site without express written permission;
• Attempting to gain unauthorized access to any portion of our Site, server, database, or network;
• Engaging in any activity that disrupts, damages, or interferes with the proper functioning of our Services, infrastructure, or the experience of other users;
• Posting, uploading, or transmitting any content that is harmful, offensive, defamatory, obscene, or otherwise objectionable;
• Impersonating Wings Over, its employees, other users, or any other person or entity;
• Collecting or harvesting personal information about other users without their consent;
• Using our Services to send unsolicited commercial communications or spam;
• Circumventing, disabling, or interfering with any security-related features of our Site;
• Reselling, sublicensing, or commercially exploiting any content, data, or features of our Services without prior written authorization;
• Engaging in any conduct that could expose Wings Over to civil or criminal liability.

Violation of these prohibitions may result in immediate termination of your account and access to the Services, and we reserve the right to report such conduct to applicable law enforcement authorities.

4. Intellectual Property Rights

4.1 Ownership

All content on the Site and in connection with the Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of Wings Over or its content suppliers and is protected by United States copyright, trademark, and other intellectual property laws. The compilation of all content on the Site is the exclusive property of Wings Over and is protected by United States and international copyright laws.

4.2 Trademarks

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

4.3 Limited License

Wings Over grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services solely for your personal, non-commercial purposes. This license does not include:

• The right to resell or make commercial use of the Site or its contents;
• The right to collect and use any product listings, descriptions, or prices;
• The right to make any derivative use of the Site or its contents;
• The right to download or copy account information for the benefit of another merchant or service provider;
• The right to use data mining, robots, or similar data gathering and extraction tools.

4.4 User-Submitted Content

If you submit, post, or transmit any content, reviews, feedback, suggestions, or other materials to us ("User Content"), you grant Wings Over a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content worldwide in any media. You represent and warrant that you own or otherwise control all rights to the User Content that you post, that the content is accurate, and that use of the content does not violate these Terms and will not cause injury to any person or entity.

5. Payment Terms

5.1 Pricing

All prices for food items and services displayed on our Site are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable taxes, delivery fees, or service charges unless explicitly stated. You are responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Services.

5.2 Payment Methods

We accept payment through the methods indicated on our Site at the time of order placement, which may include major credit cards, debit cards, and other electronic payment methods. By submitting your payment information, you authorize Wings Over to charge the designated payment method for all amounts due for your orders.

5.3 Order Confirmation

An order confirmation email or notification does not constitute final acceptance of your order. Wings Over reserves the right to cancel any order for any reason, including but not limited to product unavailability, pricing errors, or suspected fraud. In the event of a cancellation, you will receive a full refund of any charges already processed.

5.4 Refund and Cancellation Policy

If you are unsatisfied with your order due to an error on our part, incorrect or missing items, or food quality issues, please contact us within 24 hours of receiving your order at [email protected]. Refunds and credits are provided at the sole discretion of Wings Over based on the nature of the issue. Once an order has been placed and confirmed, cancellations may not be possible depending on preparation status.

5.5 Taxes

Applicable federal, state, and local sales taxes will be calculated and added to your order total based on the applicable tax laws at the point of sale. Wings Over is not responsible for any discrepancies between estimated and actual tax amounts.

6. Disclaimers and "As-Is" Basis

6.1 No Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WINGS OVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Guarantee of Accuracy

Wings Over does not warrant that the content on the Site is accurate, complete, reliable, current, or error-free. Menu items, prices, nutritional information, and allergen data are provided for informational purposes and may not reflect the most current offerings. We encourage customers with food allergies, dietary restrictions, or specific health concerns to contact us directly before placing an order.

6.3 Allergen Disclaimer

Our food products may contain or come into contact with common allergens, including but not limited to wheat, eggs, dairy, soy, peanuts, tree nuts, fish, and shellfish. While we take reasonable precautions, we cannot guarantee that any menu item is completely free from allergens due to shared preparation environments. Customers are solely responsible for reviewing allergen information and making informed choices.

6.4 Technical Disclaimers

Wings Over does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or server is free of viruses or other harmful components. We are not responsible for any technical issues, data loss, or service interruptions arising from factors outside our reasonable control.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, IN NO EVENT SHALL WINGS OVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use our Services;
• Any unauthorized access to or use of our servers or personal information stored therein;
• Any interruption or cessation of transmission to or from the Site;
• Any bugs, viruses, or other harmful code that may be transmitted through our Site;
• Any errors or omissions in any content or materials, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through our Services;
• The conduct or content of any third party, including third-party delivery partners;
• Food quality, food safety issues, or adverse health effects arising from consumption of our products, except where directly caused by our gross negligence or willful misconduct.

IN NO EVENT SHALL WINGS OVER'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO WINGS OVER 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 warranties or liability, so some of the above limitations may not apply to you. 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 Wings Over and its officers, directors, employees, contractors, agents, licensors, partners, and successors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorneys' fees and court costs) arising from or related to:

• Your use of or access to the Site and Services;
• Your violation of any provision of these Terms;
• Your violation of any third-party rights, including without limitation any intellectual property, privacy, or proprietary rights;
• Your violation of any applicable federal, state, or local laws or regulations;
• Any User Content you submit, post, transmit, or otherwise make available through the Services;
• Your conduct, including but not limited to any fraud, misrepresentation, or negligent or wrongful act.

Wings Over reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses. You shall not settle any indemnified claim without Wings Over's prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services, shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to any conflict of law principles that would require or permit the application of the laws of any other jurisdiction.

To the extent any dispute is not subject to mandatory arbitration as described in Section 10, you agree to submit to the exclusive personal jurisdiction and venue of the federal and state courts located within the United States for resolution of any legal matter arising from these Terms or your use of the Services.

Wings Over's operations are subject to compliance with applicable federal regulations, including those administered by the U.S. Food and Drug Administration (FDA), the Federal Trade Commission (FTC) Act (15 U.S.C. § 45), and any other applicable federal and state consumer protection statutes.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Wings Over informally by sending a written description of your claim to [email protected]. We will attempt to resolve your concern informally within thirty (30) calendar days of receipt of your notice. If we are unable to resolve the matter informally within that period, either party may pursue the formal dispute resolution process described below.

10.2 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 or requests for emergency injunctive or other equitable relief, you and Wings Over agree that any and all disputes, claims, or controversies arising out of or relating to these Terms or the Services shall be resolved exclusively through final and binding arbitration, rather than in court. The arbitration shall be conducted under the rules of the American Arbitration Association (AAA) Commercial Arbitration Rules, as amended from time to time, which are available at www.adr.org.

The arbitration shall be conducted in the English language. The arbitrator shall have the authority to grant any remedy or relief that a court of competent jurisdiction could grant in accordance with applicable law. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having competent jurisdiction.

10.3 Class Action Waiver

YOU AND WINGS OVER 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. Unless both you and Wings Over agree otherwise, the arbitrator may not consolidate more than one person's 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 from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Nothing in this Section shall be deemed to waive Wings Over's right to seek injunctive or other equitable relief in court.

11. Term and Termination

11.1 Duration

These Terms shall remain in full force and effect for as long as you access or use our Services. Provisions that by their nature should survive termination of these Terms shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

11.2 Termination by You

You may terminate your account and stop using the Services at any time. To close your account, contact us at [email protected]. Termination of your account does not relieve you of any obligations accrued prior to termination, including payment obligations for orders placed.

11.3 Termination by Wings Over

Wings Over reserves the right, in its sole discretion, to suspend or terminate your access to all or any part of the Services at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms;
• Conduct that Wings Over believes is harmful to other users, third parties, or the business interests of Wings Over;
• Suspected fraudulent, abusive, or illegal activity;
• Non-payment or chargebacks;
• Requests from law enforcement or government authorities.

11.4 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation intellectual property provisions, disclaimers, indemnification, and limitations of liability.

12. Changes to Terms

Wings Over reserves the right to modify, update, or revise these Terms of Service at any time and for any reason at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where required by applicable law, notify you by email or prominent notice on our Site.

Your continued use of the Site or Services following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must immediately discontinue your use of the Services. We encourage you to review these Terms periodically to stay informed of any updates.

Wings Over will not be liable to you or any third party as a result of any modification to these Terms made in accordance with this section.

13. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference and made a part of these Terms. Our Privacy Policy describes how we collect, use, store, and share information about you in connection with your use of the Services. To the extent you are a resident of California, your rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), are addressed in our Privacy Policy. We encourage you to review our Privacy Policy carefully.

14. Food Safety and Allergen Responsibility

Wings Over takes food safety seriously and endeavors to comply with all applicable federal and state food safety regulations, including those set forth by the U.S. Food and Drug Administration (FDA) and applicable state health department requirements. However, it remains your responsibility to:

• Inform us of any known food allergies or dietary restrictions before placing an order;
• Carefully review menu descriptions, ingredient lists, and allergen information available on our Site or upon request;
• Consume food products in a timely manner and follow any food handling or storage instructions provided;
• Contact us immediately if you believe you have received food that is unsafe, contaminated, or not as ordered.

Wings Over shall not be liable for any adverse health effects arising from undisclosed food allergies or intolerances, or from failure to properly store or handle food products after delivery or pickup.

15. Links to Third-Party Websites

Our Site may contain links to third-party websites, services, or resources that are not owned or controlled by Wings Over. We provide these links for your convenience only and do not endorse, and are not responsible for, the content, privacy policies, or practices of any third-party website or service. You acknowledge and agree that Wings Over shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available through any such third-party website or service.

16. Force Majeure

Wings Over shall not be liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, strikes, labor disputes, civil disturbances, war, terrorism, fires, floods, severe weather conditions, power outages, internet service disruptions, or any other event of force majeure. In the event of a force majeure occurrence, Wings Over will endeavor to resume normal operations as soon as reasonably practicable and notify affected customers accordingly.

17. Severability

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

The failure of Wings Over to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any default shall not be construed to be a waiver of any subsequent default.

18. Entire Agreement

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

No modification of these Terms by you shall be effective unless made in writing and signed by an authorized representative of Wings Over. The section headings in these Terms are for convenience only and have no legal or contractual effect.

19. Electronic Communications

By using our Services, you consent to receiving electronic communications from Wings Over, including order confirmations, promotional offers, service updates, and notices regarding changes to our policies. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional emails by following the unsubscribe instructions in any promotional email you receive from us, though you cannot opt out of transactional communications related to your orders or account.

20. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to reach our customer support team for any reason related to your use of the Services, please contact us using the information provided below:

We endeavor to respond to all inquiries within three (3) to five (5) business days. For urgent matters related to food safety or health concerns, please contact us immediately via email and clearly mark your message as urgent.