Terms of Service

Effective Date: May 22, 2026  |  Last Updated: May 22, 2026

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you ("User," "Customer," or "you") and Wings Over ("Company," "we," "us," or "our"), governing your access to and use of the website wingsover-eat.rest and all related services, features, content, and functionality offered through the Site.

By accessing the Site, placing an order, creating an account, or otherwise interacting with our services, you affirm that:

• You are at least eighteen (18) years of age, or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding contract;
• If you are using the Site on behalf of a business entity, you have authority to bind that entity to these Terms;
• You have read, understood, and agree to comply with these Terms and all applicable federal, state, and local laws and regulations;
• You consent to the collection and use of information as outlined in our Privacy Policy, which is incorporated herein by reference.

Your continued use of the Site following any modifications to these Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically to remain informed of any updates.

2. Description of Services

Wings Over is a food service establishment offering chicken wings, appetizers, sides, beverages, and related food and beverage products to consumers in the United States. Our services include, but are not limited to:

• Online Ordering: Customers may place food orders directly through our Site for pickup or delivery, subject to availability and service area limitations;
• Menu Browsing: Users may view our current menu offerings, including descriptions, pricing, allergen information, and promotional items;
• Account Management: Registered users may create and manage personal accounts, track order history, and save preferences;
• Promotions and Loyalty Programs: From time to time, the Company may offer special promotions, discounts, coupons, or loyalty reward programs, subject to their individual terms and conditions;
• Customer Support: We provide customer service assistance via email and other channels as listed on our Site.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

All food products and menu items are subject to availability. Menu items, prices, and nutritional information are subject to change without notice. We make reasonable efforts to ensure the accuracy of the information displayed on the Site, but we do not guarantee that all content is free from errors or omissions.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Site 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 promptly notify us of any unauthorized use of your account;
• Use the Site only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your use of the Site;
• Promptly update your account information to ensure it remains accurate and complete;
• Accept responsibility for all activities that occur under your account.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Site for any fraudulent, deceptive, or illegal purpose, including but not limited to identity theft, credit card fraud, or placing false orders;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Attempt to gain unauthorized access to any portion of the Site, other user accounts, or our computer systems or networks;
• Introduce any viruses, Trojan horses, worms, ransomware, or other malicious code or software that may damage, interfere with, or disrupt the Site;
• Use any automated means, including robots, scrapers, crawlers, or data mining tools, to access, collect, or index information from the Site without our prior written consent;
• Engage in any activity that places an unreasonably large load on the Site's infrastructure or interferes with the normal operation of the Site;
• Circumvent, disable, or otherwise interfere with security-related features of the Site;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or its services without our express written permission;
• Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Engage in commercial solicitation or advertising through the Site without our prior written consent;
• Attempt to place orders using stolen payment information or engage in any form of payment fraud.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including reporting such conduct to law enforcement authorities.

4. Account Registration and Security

Certain features of the Site, including online ordering, may 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 username and password and for all activities conducted through your account.

You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or any security breach. Wings Over will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

We reserve the right to terminate or suspend your account at any time, with or without notice, if we believe you have violated these Terms or if we determine that your account has been used in a fraudulent or unlawful manner.

5. Ordering, Pricing, and Payment Terms

5.1 Orders

By placing an order through the Site, you make an offer to purchase the selected products subject to these Terms. We reserve the right to accept or decline your order at our sole discretion. Order confirmation does not constitute final acceptance; acceptance occurs when your order is processed and prepared for fulfillment.

We reserve the right to cancel orders due to unavailability of items, errors in pricing or product descriptions, suspected fraudulent activity, or any other reason at our discretion. In such cases, we will notify you promptly and issue a full refund if payment has been collected.

5.2 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, delivery fees, or service charges, which will be calculated and displayed at checkout prior to order confirmation. We strive to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel affected orders and notify you accordingly.

5.3 Payment

We accept major credit cards, debit cards, and other payment methods as indicated on the Site at the time of purchase. By providing payment information, you represent and warrant that:

• You are authorized to use the designated payment method;
• The payment information you provide is accurate and complete;
• You authorize us to charge the full order amount, including applicable taxes and fees, to the designated payment method.

All transactions are processed through secure third-party payment processors. We do not store complete credit card information on our servers. Payment processing is subject to the terms and conditions of our payment processor partners.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you receive an incorrect or unsatisfactory order, please contact us at [email protected] within a reasonable time of receiving your order. Refunds or replacements will be issued at our sole discretion based on the nature of the complaint and applicable law, including consumer protection requirements under the Federal Trade Commission Act.

6. Allergen and Nutritional Information

Wings Over makes reasonable efforts to provide accurate allergen and nutritional information on the Site. However, our food products are prepared in facilities that handle common allergens, including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, and shellfish. Cross-contamination may occur during preparation.

Nutritional information is provided for general informational purposes only and may vary based on portion size, preparation method, and ingredient substitutions. This information is not intended as medical or dietary advice.

7. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Site (collectively, "Content"), is the property of Wings Over or its content suppliers and is protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and other applicable legal protections.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial purposes in accordance with these Terms. This license does not include:

• Any resale or commercial use of the Site or its Content;
• The collection and use of any product listings, descriptions, or prices;
• Any derivative use of the Site or its Content;
• Downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

All trademarks, service marks, trade names, logos, and trade dress appearing on the Site are proprietary to Wings Over or their respective owners. Nothing in these Terms grants you any right to use our trademarks, service marks, or trade names without our prior written consent. Unauthorized use of our intellectual property may violate trademark law, copyright law, and other applicable laws and could result in civil or criminal penalties.

If you believe that any content on the Site infringes your copyright, please contact us at [email protected] with a detailed notice as required by the Digital Millennium Copyright Act (17 U.S.C. § 512).

8. Third-Party Links and Services

The Site may contain links to third-party websites, platforms, or services, including payment processors, delivery partners, and social media platforms. These links are provided for your convenience only. Wings Over does not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party website or service. Your interactions with third-party sites are governed solely by those parties' terms and policies. We strongly encourage you to review the terms and privacy policies of any third-party sites you visit.

9. Disclaimers and "As-Is" Basis

YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WINGS OVER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT DEFECTS, IF ANY, WILL BE CORRECTED;
• WARRANTIES RELATED TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES.

Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, our warranties are limited to the maximum extent permitted by applicable law.

10. Limitation of Liability

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

• Loss of profits, revenue, or business opportunities;
• Loss of data or information;
• Damage to goodwill or reputation;
• Personal injury or property damage arising from your use of the Site or our services;
• Unauthorized access to or alteration of your transmissions or data;
• Conduct of any third party on the Site;
• Any other matter relating to the Site or our services.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO WINGS OVER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

The limitations of liability set forth herein reflect a reasonable allocation of risk between the parties. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Wings Over and its owners, officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising from or related to:

• Your use of or access to the Site or our services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any third-party right, including intellectual property rights, privacy rights, or proprietary rights;
• Any content you submit, post, transmit, or otherwise make available through the Site;
• Any fraudulent, deceptive, or harmful actions taken by you in connection with the Site or our services;
• Your negligence or willful misconduct.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.

12. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information obtained through the Site is governed by our Privacy Policy, which is available on the Site and incorporated by reference into these Terms. By using the Site, you consent to our data practices as described in the Privacy Policy.

We comply with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and the Federal Trade Commission Act (FTC Act) with respect to unfair or deceptive practices in consumer data handling. If you are a California resident, you may have additional rights regarding your personal information as described in our Privacy Policy.

13. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Wings Over is registered and operates, without regard to any conflict of law principles that would require the application of the law of another jurisdiction.

You agree that any legal action or proceeding relating to your access to or use of the Site or these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction located in the state where Wings Over's principal place of business is located. You hereby consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

Nothing in these Terms limits our right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or restrain any actual or threatened violation of these Terms.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceedings, we encourage you to contact us directly to seek an informal resolution of any dispute, claim, or controversy arising out of or relating to these Terms or the Site. Please contact us at [email protected] with a detailed description of your concern and your desired resolution. We will make good-faith efforts to resolve the matter informally within thirty (30) days of receiving your notice.

14.2 Binding Arbitration

If informal resolution is unsuccessful, any unresolved dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered by a nationally recognized arbitration organization in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The following claims are excluded from arbitration and may be brought before a court of competent jurisdiction: (i) claims related to the infringement, misappropriation, or protection of intellectual property rights; (ii) claims for emergency injunctive or other equitable relief; and (iii) small claims court actions within the applicable monetary threshold.

14.3 Class Action Waiver

14.4 Time Limitation on Claims

Any claim or cause of action you may have arising out of or relating to these Terms or your use of the Site must be commenced within one (1) year after the claim or cause of action accrues. After that time, such claim or cause of action shall be permanently barred, regardless of any statute of limitations to the contrary.

15. Term and Termination

These Terms shall remain in full force and effect while you use the Site or our services. We reserve the right, in our sole discretion, to:

• Terminate or suspend your access to the Site and your account, with or without cause and with or without notice;
• Refuse service to any person for any reason at any time, to the extent permitted by applicable law;
• Remove or edit any content on the Site that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any outstanding obligations, including payment for orders already placed.

Upon termination for any reason, the following provisions of these Terms shall survive and continue in full force and effect: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive termination.

16. Changes to Terms of Service

We reserve the right, at our sole discretion, to modify, update, or replace any part of these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page;
• Post the revised Terms on the Site;
• Where feasible, provide additional notice via email or a prominent notice on the Site.

Your continued use of the Site or our services after any changes to these Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the Site. We encourage you to review these Terms periodically to stay informed of any updates.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction, 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 invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions of these Terms shall continue in full force and effect as if the invalid provision had never been included.

18. Waiver

No failure or delay by Wings Over in exercising any right, power, or privilege under these Terms shall operate as a waiver of that right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise of that right, power, or privilege or the exercise of any other right, power, or privilege. Any waiver of a breach or default under these Terms shall not constitute a waiver of any subsequent breach or default.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines published by Wings Over on the Site, constitute the entire agreement between you and Wings Over with respect to your use of the Site and our services. These Terms supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between you and Wings Over relating to the subject matter hereof.

In the event of any conflict between these Terms and any other agreement between you and Wings Over, these Terms shall control unless the other agreement expressly states otherwise.

20. Electronic Communications and Consent

By using the Site and providing your email address, you consent to receive electronic communications from Wings Over, including order confirmations, receipts, service updates, and promotional communications (where you have opted in). You agree that any notices, agreements, disclosures, or other communications we provide electronically satisfy any legal requirement that such communications be in writing.

If you wish to opt out of promotional communications, you may do so at any time by following the unsubscribe instructions included in any promotional email or by contacting us at [email protected]. Please note that opting out of promotional communications will not affect our ability to send you transactional or service-related messages.

21. Force Majeure

Wings Over shall not be liable for any delay or failure to perform its obligations under these Terms to the extent 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 or regulations, civil disturbances, labor disputes, supply chain disruptions, utility or infrastructure failures, or other force majeure events. In such circumstances, our obligations will be suspended for the duration of the force majeure event, and we will make commercially reasonable efforts to resume normal operations as soon as practicable.

22. Compliance with Applicable Law

Wings Over operates in compliance with applicable federal and state laws governing the food service industry, including but not limited to:

• The Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) and regulations promulgated by the U.S. Food and Drug Administration (FDA);
• The Food Safety Modernization Act (FSMA);
• Applicable state and local health codes and food service regulations;
• The Americans with Disabilities Act (ADA), to the extent applicable to our online presence;
• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) regarding unfair or deceptive practices in commerce;
• Applicable state consumer protection statutes.

You agree to comply with all applicable laws in connection with your use of the Site and our services.

23. Contact Information

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

We will endeavor to respond to all inquiries within a reasonable time frame. For urgent matters relating to food safety or order issues, please contact us directly via email for the fastest response.

These Terms of Service were last updated on May 22, 2026. Wings Over reserves all rights not expressly granted herein.