Terms of Service

Effective Date: April 30, 2026  |  Last Updated: April 30, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Starbird Chicken ("Company," "we," "us," or "our"), the operator of the website located at starbirdchicken.rest (the "Website") and all associated digital platforms, applications, and services offered thereunder.

By accessing, browsing, or using this Website — including placing food orders, creating an account, subscribing to promotional communications, or otherwise engaging with any content or service available through this Website — you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

These Terms apply to all visitors, registered users, customers, and any other parties who interact with our Website or services. If you are using this Website on behalf of a business entity, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" shall include both you individually and the entity you represent.

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. Continued use of the Website following the posting of any changes constitutes your acceptance of those revised Terms. It is your responsibility to review these Terms periodically.

2. Description of Services

Starbird Chicken operates as a food service business offering customers the ability to browse our menu, place online food orders, access nutritional and allergen information, participate in loyalty programs, and engage with promotional content through our Website.

Our services include, but are not limited to, the following:

• Online Food Ordering: Customers may place orders for pickup or delivery of food and beverage items offered on our menu.
• Menu Information: We provide detailed descriptions, pricing, nutritional content, and allergen information for our food offerings.
• Account Registration: Users may create a personal account to manage orders, save preferences, and access loyalty rewards.
• Loyalty and Rewards Programs: Registered users may participate in promotions, reward point programs, and exclusive offers available through the Website.
• Customer Support: We provide customer service channels accessible via phone, email, and any online contact forms hosted on the Website.
• Catering and Group Orders: The Website may facilitate requests for catering services, large group orders, and special event arrangements.
• Email and SMS Marketing: With your consent, we may send promotional communications regarding special offers, new menu items, and events.

We reserve the right to modify, suspend, discontinue, or restrict any portion of our services at any time, with or without notice, and without liability to you or any third party. We do not guarantee the continuous, uninterrupted availability of any service offered through this Website.

Availability of menu items, pricing, and promotions may vary by location, time, or season. All food orders are subject to availability at the time the order is placed. We reserve the right to substitute items of equal or greater value or to cancel an order if an item becomes unavailable.

3. Eligibility and User Obligations

3.1 Age Requirement

You must be at least thirteen (13) years of age to use this Website. If you are under the age of eighteen (18), you may only use this Website under the supervision of a parent or legal guardian who agrees to these Terms on your behalf. By using this Website, you represent and warrant that you meet the applicable age requirements.

3.2 Account Registration

When creating an account, you agree to provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account.

We reserve the right to suspend, terminate, or refuse service to any account at our sole discretion, particularly where we have reason to believe that the information provided is inaccurate, fraudulent, or that the user has violated these Terms.

3.3 General User Obligations

As a condition of your use of this Website, you agree to the following:

• You will use the Website only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
• You will provide accurate and truthful information when placing orders, registering an account, or communicating with our team.
• You will not impersonate any person or entity or misrepresent your affiliation with any person or entity.
• You will not use automated tools, bots, scrapers, or similar technologies to access, monitor, or copy content from the Website without prior written consent.
• You will not engage in any conduct that could damage, disable, overburden, or impair the functionality of the Website or its servers.
• You will not attempt to gain unauthorized access to any portion of the Website, user accounts, computer systems, or networks connected to the Website.
• You will not transmit any unsolicited or unauthorized advertising, spam, or promotional material through the Website.
• You will not use the Website for any commercial purpose not expressly authorized by us in writing.

4. Prohibited Activities

In addition to the user obligations described above, the following activities are strictly prohibited when using this Website or any of our services:

• Fraudulent ordering, chargebacks without legitimate basis, or abuse of refund and exchange policies.
• Submitting false, defamatory, or malicious reviews, comments, or content about Starbird Chicken or any of its employees, partners, or associates.
• Using our Website to collect personal information about other users without their express consent.
• Engaging in any form of harassment, threats, or abusive conduct toward our staff, delivery partners, or other customers.
• Attempting to reverse-engineer, decompile, or otherwise derive the source code of our Website or any associated software.
• Circumventing any technological security measures implemented on this Website.
• Reproducing, copying, selling, or exploiting any portion of the Website or its content for commercial use without our express written permission.
• Violating any applicable federal, state, or local law, regulation, or ordinance in connection with the use of this Website or our services.

We reserve the right to investigate and take appropriate legal action against anyone who violates these prohibitions, including reporting such conduct to law enforcement authorities and seeking civil or criminal remedies as permitted by applicable law.

5. Intellectual Property Rights

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

The Starbird Chicken name, logo, brand marks, taglines, and all related names, logos, product and service names, designs, and slogans are trademarks or registered trademarks of Starbird Chicken. You may not use any of our trademarks without our prior written consent. All other trademarks, service marks, and trade names referenced on this Website are the property of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use this Website solely for personal, non-commercial purposes related to placing food orders and interacting with our services. This license does not include the right to:

• Reproduce, distribute, or publicly display any content from the Website;
• Modify or create derivative works based on the Website or its content;
• Use any data mining, robots, or similar data gathering tools;
• Download or copy any account information for the benefit of another merchant or entity;
• Use meta tags or any other "hidden text" using our name or trademarks.

Any unauthorized use of our intellectual property may give rise to a claim for damages and/or be a criminal offense under applicable law, including but not limited to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and related federal statutes.

If you believe that any content on our Website infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the claimed infringement.

6. Online Orders and Payment Terms

6.1 Order Placement

When you place an order through our Website, you are making an offer to purchase food items subject to availability and our acceptance. We reserve the right to refuse, cancel, or limit any order at our sole discretion, including in cases of suspected fraud, errors in pricing, or unavailability of items.

You agree to provide complete and accurate order information, including your delivery address, contact information, and payment details. We are not responsible for errors in orders resulting from inaccurate information submitted by you.

6.2 Pricing and Taxes

All prices listed on this Website are in United States Dollars (USD) and are subject to change without prior notice. Prices displayed at the time you place your order will be honored for that transaction. Applicable federal, state, and local taxes will be calculated and added to your order total at checkout.

We make every effort to ensure that prices are accurate; however, in the event of a pricing error, we reserve the right to cancel the affected order and notify you of the error prior to processing payment.

6.3 Payment Processing

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

Payment processing is handled by third-party payment processors. We do not store complete credit card information on our servers. Your payment information is subject to the privacy policy and terms of the applicable payment processor.

6.4 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 have concerns about your order — including issues with quality, accuracy, or delivery — please contact us promptly at [email protected]. We will evaluate each situation on a case-by-case basis and, where appropriate, may offer a replacement, store credit, or refund at our discretion.

7. Food Safety, Allergens, and Nutritional Information

Starbird Chicken takes food safety seriously and strives to provide accurate allergen and nutritional information on our Website and in our locations. However, our food products are prepared in shared kitchen environments, and cross-contact with common allergens — including but not limited to peanuts, tree nuts, soy, wheat, dairy, eggs, fish, and shellfish — may occur.

Nutritional information provided on the Website is based on standard recipes and may vary due to differences in portion sizes, ingredient substitutions, regional variations, and changes to recipes over time. This information is provided for general informational purposes only and should not be relied upon as a substitute for professional dietary advice.

8. Third-Party Links and Services

This Website may contain links to third-party websites, applications, or services — including delivery platforms, payment processors, and social media platforms — that are not owned or controlled by Starbird Chicken. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We strongly encourage you to read the terms of service and privacy policies of any third-party websites you visit. The inclusion of any link on our Website does not imply our endorsement, approval, or recommendation of that third-party website or service.

9. Disclaimers — "As-Is" Basis

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

STARBIRD CHICKEN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE, INCLUDING MENU ITEMS, PRICES, NUTRITIONAL INFORMATION, AND PROMOTIONAL OFFERS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STARBIRD CHICKEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS SHALL NOT 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, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE GOODS OR SERVICES — ARISING OUT OF OR IN CONNECTION WITH:

• Your use or inability to use this Website or our services;
• Any food order placed through the Website, including issues related to food quality, accuracy, or delivery;
• Unauthorized access to or alteration of your transmissions or data;
• Statements or conduct of any third party in connection with the Website;
• Any other matter relating to the Website or our services.

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

The limitations set forth in this section apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if Starbird Chicken has been advised of the possibility of such damages. Some states do not allow limitations on implied warranties or the exclusion of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Starbird Chicken and its officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns 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 this Website, including any content you submit, post, or transmit through the Website;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights;
• Your violation of any applicable law, rule, or regulation;
• Any misrepresentation made by you in connection with your use of our Website or services;
• Any fraudulent, abusive, or otherwise harmful activity conducted through your account.

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

12. Governing Law and Jurisdiction

These Terms of Service and any dispute arising out of or relating to them, or to your use of this Website, shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Starbird Chicken is registered and primarily operates, without regard to its conflict of law provisions.

To the extent any dispute is not resolved through the arbitration process described in Section 13 below, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the applicable jurisdiction of Starbird Chicken's principal place of business. You hereby waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms are also subject to applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) governing unfair or deceptive acts and practices in commerce, and all other applicable consumer protection statutes.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at [email protected] and providing a written description of the dispute, your desired resolution, and your contact information. We will attempt to resolve the dispute within thirty (30) days of receipt of your notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution as described below.

13.2 Binding Arbitration

EXCEPT WHERE PROHIBITED BY LAW, YOU AND STARBIRD CHICKEN AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THIS WEBSITE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

The arbitration shall be conducted in the primary operating jurisdiction of Starbird Chicken, or remotely if mutually agreed upon. The arbitrator's decision 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 PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver is unenforceable, then the agreement to arbitrate shall be null and void with respect to such proceeding.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm to intellectual property rights or confidential information pending arbitration. Claims related to the enforcement of intellectual property rights are also exempt from mandatory arbitration.

14. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using this Website, you consent to the practices described in our Privacy Policy.

To the extent you are a California resident, your rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) (Cal. Civ. Code § 1798.100 et seq.) are described in our Privacy Policy. These rights include, among others, the right to know, the right to delete, the right to correct, and the right to opt out of the sale or sharing of personal information.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you use this Website or maintain an account with us. We reserve the right to suspend or terminate your access to the Website, with or without notice, for any reason, including but not limited to:

• Violation of these Terms of Service or any applicable law;
• Engaging in fraudulent, abusive, or otherwise harmful activities;
• Extended periods of account inactivity;
• Discontinuation of our Website or services;
• At our sole discretion, for any other reason we deem appropriate.

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

You may terminate your account at any time by contacting us at [email protected]. Termination of your account will not affect your obligations with respect to orders already placed and confirmed.

16. Changes to These Terms

We reserve 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, where appropriate, notify registered users via email or a prominent notice on the Website.

Your continued use of this Website after the effective date of any revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue use of the Website immediately. We encourage you to review these Terms regularly to stay informed of any changes.

If we make changes that materially affect your rights, we will make reasonable efforts to provide advance notice of at least thirty (30) days prior to the changes becoming effective, to the extent required by applicable law.

17. Electronic Communications

By using this Website or communicating with us by email, you consent to receive electronic communications from Starbird Chicken. These electronic communications may include notices, agreements, disclosures, and other information relating to your use of our services. You agree that any electronic communication satisfies any legal requirement that such communication be in writing.

If you have opted in to receive marketing communications, you may unsubscribe at any time by following the unsubscribe instructions provided in those communications or by contacting us at [email protected]. Opting out of marketing communications will not affect transactional emails related to your orders or account.

18. Force Majeure

Starbird Chicken shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, government actions or regulations, labor strikes, supply chain disruptions, internet service provider failures, power outages, or any other event that constitutes force majeure under applicable law.

In the event of a force majeure situation, we will make commercially reasonable efforts to resume services as soon as practicable and will notify affected customers as promptly as possible.

19. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable by a court of competent jurisdiction or an arbitrator, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be replaced with a valid provision that most closely reflects the original intent of the severed provision.

The failure of Starbird Chicken to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless specifically acknowledged and agreed to by us in writing.

20. Entire Agreement

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

No modification of these Terms shall be effective unless made in writing and signed by an authorized representative of Starbird Chicken. No agency, partnership, joint venture, employment, or franchise relationship is created between you and Starbird Chicken as a result of these Terms or your use of our Website.

21. Waiver

No failure or delay on the part of Starbird Chicken in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. A waiver of any breach or default by Starbird Chicken shall not constitute a waiver of any subsequent breach or default.

22. Headings

The section headings used in these Terms are for convenience and organizational purposes only and shall not affect the interpretation or legal effect of any provision herein.

23. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation or make a formal legal inquiry, please contact us using the information below:

We will make every effort to respond to your inquiry within five (5) to ten (10) business days. For matters involving urgent legal notices, please clearly indicate the nature of the correspondence in the subject line of your email.

These Terms of Service were last updated on April 30, 2026. © 2026 Starbird Chicken. All rights reserved.