Terms of Service

Please read these Terms of Service carefully before using the website located at chuys-new.click (the "Site") or any services offered by Chuys ("Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Chuys governing your access to and use of our website, online ordering platform, and all related food services.

1. Acceptance of Terms

By accessing or using the Site at chuys-new.click, placing an order, creating an account, or otherwise engaging with any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including any policies referenced herein. If you do not agree to these Terms, you must immediately cease using our Site and services.

Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes. These Terms apply to all visitors, registered users, customers, and all others who access or use the Site.

You represent and warrant that:

  • You are at least 18 years of age or have the legal capacity to enter into a binding agreement in your jurisdiction;
  • You have the right, authority, and legal capacity to agree to these Terms;
  • You will use the Site and services only for lawful purposes and in accordance with these Terms;
  • All information you provide to us is accurate, complete, and current.

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

2. Description of Services

Chuys is a food service business operating in the United States, offering customers access to our menu, online ordering, reservations, and related food and beverage services through our website at chuys-new.click. Our services include, but are not limited to:

  • Online Ordering: Customers may browse our menu and place orders for food and beverages for delivery, carryout, or dine-in, subject to availability and location.
  • Menu Information: We provide detailed information about our food offerings, including ingredients, pricing, and nutritional content where applicable.
  • Reservation Services: Customers may use the Site to make reservations at participating Chuys locations.
  • Account Management: Registered users may create and manage personal accounts, view order history, and save preferences.
  • Promotions and Loyalty Programs: From time to time, we may offer promotional deals, discounts, gift cards, or loyalty rewards through the Site.
  • Customer Support: We provide customer service assistance through email and other channels listed on the Site.

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

Availability of menu items, services, and features may vary by location, time of day, and other operational factors. We do not guarantee the availability of any specific product or service at any given time.

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 orders;
  • Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use;
  • Use the Site only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations;
  • Respect the intellectual property rights of Chuys and third parties;
  • Comply with all instructions, guidelines, and policies posted on the Site;
  • Promptly pay for all orders placed through the Site in accordance with the payment terms set forth herein.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities:

  • Using the Site in any manner that could disable, overburden, damage, or impair our servers or networks, or interfere with any other user's ability to use the Site;
  • Attempting to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site;
  • Using automated tools, bots, scrapers, or other means to access, collect, or copy content from the Site without our express written permission;
  • Transmitting any unsolicited commercial communications, spam, or chain letters through the Site;
  • Uploading or transmitting viruses, malware, or other malicious code;
  • Engaging in any form of fraud, including submitting false orders, chargebacks without basis, or providing false information;
  • Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
  • Reproducing, duplicating, copying, selling, or reselling any portion of the Site or our services without our express written consent;
  • Using the Site or any content therein for any commercial purpose not expressly authorized by us;
  • Violating any applicable federal, state, or local law or regulation, including but not limited to laws relating to consumer protection, data privacy, food safety, and unfair business practices;
  • Harassing, threatening, defaming, or otherwise causing harm to other users, our employees, or third parties;
  • Collecting personal information about other users without their consent;
  • Circumventing any technological measures we use to protect the Site or our services.

We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including reporting such activities to law enforcement authorities. Violations may result in immediate termination of your access to our services.

4. Account Registration and Security

To access certain features of our Site, you may be required to create an account. When registering for an account, you agree to provide accurate and complete information and to update such information as necessary to keep it current.

You are solely responsible for maintaining the confidentiality of your account username and password and for all activities that occur under your account. You agree to:

  • Immediately notify us at [email protected] of any unauthorized use of your account or any other security breach;
  • Ensure that you log out of your account at the end of each session, particularly when using shared or public computers;
  • Not share your login credentials with any third party.

We will not be liable for any loss or damage arising from your failure to comply with these security obligations. You may be held liable for losses incurred by us or others due to any unauthorized use of your account.

5. Intellectual Property Rights

The Site and all of its contents, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, digital downloads, menu designs, software, and other materials (collectively, the "Content"), are the property of Chuys or its content suppliers and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

The Chuys name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Chuys. You may not use any of these marks without our prior written permission. All other trademarks appearing on the Site are the property of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use. This license does not include:

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

Any unauthorized use of the Site or its Content terminates the license granted herein. If you violate our intellectual property rights, we reserve the right to pursue all available legal and equitable remedies, including injunctive relief and monetary damages.

6. Payment Terms

6.1 Pricing and Payment

All prices for food, beverages, and other products displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices displayed are inclusive of applicable charges but may be subject to applicable sales tax, delivery fees, service fees, and gratuities, which will be clearly disclosed at the time of checkout.

We accept the following forms of payment for online orders:

  • Major credit and debit cards (Visa, Mastercard, American Express, Discover)
  • Digital wallets and payment platforms as indicated on the Site
  • Chuys gift cards (where applicable)

6.2 Order Confirmation

When you place an order, you will receive an email confirmation. This confirmation does not constitute acceptance of your order — it simply acknowledges that we have received your request. We reserve the right to cancel or refuse any order at our discretion, including in cases where an item is unavailable, there is an error in pricing or product description, or we suspect fraudulent activity.

6.3 Refunds and Cancellations

Refund and cancellation policies vary depending on the type of order and circumstances. In general:

  • Orders may be cancelled within a limited window following placement, as specified at the time of ordering;
  • Refunds for unsatisfactory food or service issues will be handled on a case-by-case basis at our discretion;
  • All refund requests must be submitted to [email protected] within 48 hours of the order.

6.4 Taxes

You are responsible for paying all applicable taxes associated with your purchases. We will collect and remit sales tax as required by applicable federal, state, and local law.

7. Food Safety and Allergen Disclaimer

While we take all reasonable precautions to ensure food safety and quality, we cannot guarantee that our food is free from all allergens. Our kitchen prepares food containing common allergens including but not limited to nuts, dairy, gluten, eggs, shellfish, and soy. Cross-contamination is possible.

If you have food allergies or dietary restrictions, we strongly encourage you to:

  • Review allergen information available on our Site or at our locations;
  • Contact us at [email protected] before placing an order if you have specific allergen concerns;
  • Inform your server or our staff of any allergies when dining in.

Chuys shall not be liable for any adverse reactions or health consequences arising from food allergies or dietary sensitivities if adequate disclosure of your needs has not been made to us prior to ordering.

8. Third-Party Links and Services

The Site may contain links to third-party websites, services, or applications that are not owned or controlled by Chuys. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. We do not endorse or make any warranties regarding any third-party websites or the information, products, or services available through them.

You acknowledge and agree that Chuys 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 third-party sites or services.

We strongly encourage you to read the terms of service and privacy policies of any third-party websites you visit. Your use of third-party websites is at your own risk.

9. Disclaimers (As-Is Basis)

THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SITE 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.

CHUYS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, 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, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE SITE;
  • WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES.

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

We do not warrant that the Site will meet your requirements, that any errors will be corrected, or that the information you obtain through the Site will be accurate or reliable. We make no representations or warranties regarding the quality, safety, or legality of menu items or the accuracy of menu descriptions.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, IN NO EVENT SHALL CHUYS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
  • LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
  • COST OF SUBSTITUTE GOODS OR SERVICES;
  • PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SITE OR SERVICES;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE.

THIS LIMITATION APPLIES WHETHER THE LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHUYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, THE AGGREGATE LIABILITY OF CHUYS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO CHUYS IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless Chuys, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all 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 Site or services, including but not limited to any data or content you submit, post, transmit, or make available through the Site;
  • Your violation of any third-party rights, including without limitation any intellectual property rights or privacy rights;
  • Your violation of any applicable federal, state, or local law or regulation;
  • Any claim that your use of the Site caused damage to a third party;
  • Your fraud, willful misconduct, or gross negligence.

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 fully with us in asserting any available defenses. You agree not to settle any matter without our prior written consent.

12. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Chuys is registered and primarily operates, without regard to its conflict of law provisions.

To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Chuys agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States for the purpose of litigating all such disputes. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Our services are operated from the United States. We make no representation that the Site or its content is appropriate or available for use in other locations. Persons who access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms of Service are subject to all applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing consumer protection and unfair or deceptive trade practices. If you are a California resident, you may also have certain rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as set forth in our Privacy Policy.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution procedure, you agree to first contact Chuys at [email protected] and attempt to resolve the dispute informally. We will make good faith efforts to resolve the dispute within thirty (30) days of receiving your written notice. If the parties are unable to resolve the dispute informally within thirty (30) days, either party may proceed to binding arbitration 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 disputes that qualify for small claims court, all disputes, claims, or controversies arising out of or relating to these Terms, your use of the Site, or any products or services provided by Chuys shall be resolved by binding arbitration administered by a recognized arbitration organization in the United States, under its applicable Consumer Arbitration Rules, rather than in court.

The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator may award the same damages and relief that a court could award, except that the arbitrator may not award declaratory or injunctive relief except to the extent necessary to provide relief warranted by the individual claimant's claim.

13.3 Class Action Waiver

YOU AND CHUYS 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 OR REPRESENTATIVE ACTION. Unless both you and Chuys 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.

13.4 Exceptions

Notwithstanding the above, 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.

14. Term and Termination

These Terms of Service shall remain in full force and effect for as long as 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 services, with or without notice, for any reason, including if we believe you have violated or acted inconsistently with these Terms;
  • Terminate or suspend your account immediately and without prior notice if we determine that you have engaged in fraudulent, abusive, or otherwise unacceptable use of the Site;
  • Discontinue the Site or any part of it at any time without liability to you.

Upon termination of your account or your right to use the Site:

  • All rights granted to you under these Terms will immediately cease;
  • You must immediately stop using the Site and any related services;
  • We may delete your account and all associated data, subject to our Privacy Policy and applicable law.

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

Provisions of these Terms that by their nature should survive termination shall survive, including without limitation: intellectual property provisions, disclaimers, indemnification, limitation of liability, and dispute resolution provisions.

15. Changes to These Terms

We reserve the right to modify, update, or revise 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;
  • Post the revised Terms on this page at chuys-new.click;
  • Where practicable, provide you with notice via email or a prominent notice on the Site.

Your continued use of the Site or our services after the effective date of any revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree to the new Terms, you must stop using the Site and close your account.

We encourage you to periodically review these Terms to stay informed of our current policies and practices. It is your responsibility to check this page for any updates.

16. Severability

If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the validity, legality, and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

The failure of Chuys to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms, together with our Privacy Policy and any other legal notices published by us on the Site, shall constitute the entire agreement between you and Chuys concerning the use of the Site and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

17. Miscellaneous Provisions

17.1 No Agency

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, franchise, or agency relationship between you and Chuys. You do not have authority to make any representations, commitments, or agreements on behalf of Chuys.

17.2 Force Majeure

Chuys shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, pandemic, government restrictions, war, terrorism, labor disputes, internet or telecommunications outages, or failure of third-party service providers.

17.3 Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without our prior written consent. We may freely assign these Terms and any of our rights and obligations hereunder without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

17.4 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Chuys regarding your use of the Site and our services, and supersede all prior and contemporaneous agreements and understandings.

17.5 Electronic Communications

By using the Site, you consent to receive electronic communications from us. These communications may include notices about your account, orders, and other transactional or promotional information. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

18. Consumer Rights Notice

These Terms do not limit any rights you may have as a consumer under applicable federal or state law. Consumers in the United States are protected by various federal laws including the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices in commerce. Nothing in these Terms is intended to waive, limit, or exclude any consumer rights that cannot be waived, limited, or excluded under applicable law.

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including the right to know about personal information we collect about you, the right to delete personal information, and the right to opt-out of the sale of your personal information. For more information, please review our Privacy Policy.