Terms of Service
Please read these terms and conditions carefully before using our services
Effective Date: January 1, 2025 | Last Updated: January 15, 2025
Table of Contents
- 1. Introduction and Acceptance
- 2. Definitions
- 3. Use of Services
- 4. User Accounts
- 5. Food Service Terms
- 6. Ordering and Payment
- 7. Delivery Terms
- 8. Food Safety and Allergens
- 9. Intellectual Property
- 10. User Content
- 11. Disclaimers
- 12. Limitation of Liability
- 13. Indemnification
- 14. Third-Party Links
- 15. Termination
- 16. Governing Law
- 17. Changes to Terms
- 18. General Provisions
- 19. Contact Information
1. Introduction and Acceptance
1.1 Agreement to Terms
Welcome to Wing Snob ("Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Wing Snob governing your access to and use of the website located at wingsnob.digital (the "Website"), including any content, functionality, products, and services offered on or through the Website, as well as any related mobile applications or platforms (collectively, the "Services").
By accessing, browsing, or using our Website or Services, placing an order, creating an account, or clicking to accept or agree to these Terms when this option is made available to you, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Services.
1.2 Eligibility Requirements
To use our Services, you must meet the following eligibility requirements:
- Age Requirement: You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is higher, to use our Services, create an account, or place orders. If you are under 18 years of age, you may only use our Services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.
- Legal Capacity: You must have the legal capacity to enter into binding contracts. By using our Services, you represent and warrant that you have such capacity.
- Geographic Restriction: Our Services are intended for use by individuals located within our designated service areas in the United States. We reserve the right to limit the availability of our Services or any portion thereof to any person, geographic area, or jurisdiction at any time.
- Compliance with Laws: You must comply with all applicable local, state, national, and international laws and regulations when using our Services.
1.3 Account Responsibility
If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
1.4 Updates to Terms
We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of these Terms and, for material changes, we may provide additional notice such as adding a statement to our Website homepage or sending you an email notification. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically to stay informed of any changes.
2. Definitions
For the purposes of these Terms, the following definitions shall apply:
Key Terms Defined
- "Company," "We," "Us," or "Our" refers to Wing Snob, a food service business operating at 300 Goose Cove Rd, Deer Isle, ME 04627, USA, including its owners, officers, directors, employees, agents, affiliates, and successors.
- "You," "Your," or "User" refers to any individual who accesses, browses, or uses our Website or Services, including registered account holders and guest users.
- "Services" refers to all products, services, features, and functionalities offered by Wing Snob, including but not limited to our Website, mobile applications, food ordering and delivery services, catering services, and any other related services.
- "Website" refers to wingsnob.digital and all associated subdomains, pages, and content accessible through this domain.
- "Content" means all text, graphics, images, photographs, videos, audio, data, information, software, and other materials displayed, available, or provided on or through our Services.
- "User Content" means any content, including reviews, comments, photographs, and other materials, that Users submit, post, or transmit through our Services.
- "Order" refers to any request you make to purchase food, beverages, or other products through our Services.
- "Delivery Area" means the geographic regions where we offer delivery services, as determined by us and subject to change.
- "Account" refers to a registered user profile created on our Website or through our Services.
3. Use of Services
3.1 Permitted Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial purposes. This license does not include the right to:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our Services.
- Use our Services for any commercial purpose without our express prior written consent.
- Access our Services through any automated means, including bots, scrapers, or other automated devices.
- Use our Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.
When using our Services, you agree to:
- Provide accurate, current, and complete information when creating an account or placing orders.
- Maintain and promptly update your account information to keep it accurate, current, and complete.
- Comply with all applicable laws, rules, and regulations when using our Services.
- Use our Services only for lawful purposes and in accordance with these Terms.
- Respect the rights and dignity of our employees, delivery personnel, and other users.
3.2 Prohibited Use
You agree not to use our Services in any way that:
Prohibited Activities Include:
- Illegal Activities: Violates any applicable federal, state, local, or international law or regulation, including laws regarding the export of data or software.
- Harmful or Malicious Behavior: Engages in any conduct that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts, or is otherwise objectionable.
- Unauthorized Access: Attempts to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
- Intellectual Property Violations: Infringes or violates the intellectual property rights or any other rights of anyone else, including the Company.
- Spam or Unsolicited Communications: Transmits any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- False Information: Impersonates or attempts to impersonate the Company, a Company employee, another user, or any other person or entity, or provides false or misleading information.
- System Interference: Introduces any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or that may interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
- Data Mining: Uses any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Reverse Engineering: Attempts to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any software used in connection with the Services.
- Fraudulent Orders: Places fraudulent orders, uses stolen payment information, or engages in any form of payment fraud.
4. User Accounts
4.1 Registration Requirements
To access certain features of our Services, you may be required to create an account. When registering for an account, you agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form. You also agree to maintain and promptly update this information to ensure it remains true, accurate, current, and complete at all times.
4.2 Account Security
You are solely responsible for safeguarding the password and other credentials that you use to access your account and for any activities or actions under your account. We encourage you to use a strong password that is unique to your Wing Snob account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4.3 Account Information Accuracy
You agree to provide accurate and truthful information when creating your account, including your name, contact information, delivery address, and payment information. Providing false or misleading information may result in the suspension or termination of your account and may subject you to legal liability.
4.4 One Account Per Person
Each individual is permitted to maintain only one active account with Wing Snob. Creating multiple accounts to circumvent restrictions, take advantage of promotions multiple times, or for any other fraudulent purpose is strictly prohibited and may result in the termination of all associated accounts without refund.
4.5 Account Termination Rights
We reserve the right to suspend, disable, or terminate your account at any time, with or without cause, and with or without notice, including if we believe that you have violated any provision of these Terms. You may also terminate your account at any time by contacting our customer service team at [email protected].
5. Food Service Terms
5.1 Product Descriptions and Accuracy
We strive to provide accurate descriptions of our menu items, including ingredients, nutritional information, and photographs. However, we do not warrant that product descriptions, images, or other content on our Services are accurate, complete, reliable, current, or error-free. Actual products may vary slightly from images displayed on our Website due to factors such as natural variation in ingredients, seasonal availability, and preparation methods.
5.2 Menu and Pricing
Our menu items and prices are subject to change without notice. We reserve the right to modify, suspend, or discontinue any menu item at any time. Prices displayed on our Website do not include applicable taxes, delivery fees, or service charges, which will be calculated and displayed during the checkout process. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price.
5.3 Availability
Menu item availability may vary by location and time. Certain items may be temporarily unavailable due to ingredient shortages, equipment issues, or other operational factors. If an item you ordered is unavailable, we will attempt to contact you to offer a substitution or refund for that item.
5.4 Food Quality Guarantee
We are committed to providing high-quality food prepared with fresh ingredients. All our food is prepared in accordance with applicable food safety regulations and our internal quality standards. If you are not satisfied with your order due to quality issues, please contact us within 24 hours of delivery, and we will work to resolve the issue, which may include a refund, credit, or replacement at our discretion.
5.5 Temperature-Sensitive Item Handling
Our food products are prepared fresh and are temperature-sensitive. We package and transport our products using appropriate methods to maintain food safety. However, once an order has been delivered or picked up, we cannot control the handling or storage of the food, and you assume responsibility for proper food handling and consumption. We recommend consuming hot food items immediately upon receipt for the best quality and safety.
6. Ordering and Payment
6.1 Order Acceptance
Your submission of an order through our Services constitutes an offer to purchase the selected products. All orders are subject to acceptance by us. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, problems identified by our fraud detection systems, or other operational reasons. If we cancel an order, we will attempt to notify you and will refund any payment already received.
6.2 Order Confirmation
Upon placing an order, you will receive an order confirmation email or notification containing your order details and estimated preparation/delivery time. This confirmation represents acknowledgment of your order and does not constitute acceptance. Acceptance of your order occurs when we begin preparing your food.
6.3 Order Cancellation and Modification
You may cancel or modify your order within a limited time window after placing it, typically within 5 minutes or before we begin preparing your order, whichever is sooner. To request a cancellation or modification, please contact us immediately at +1 207-348-6900. Once preparation has begun, orders cannot be cancelled or modified, and no refund will be provided for the cancelled portion.
6.4 Minimum Order Requirements
We may establish minimum order amounts for delivery orders, which will be clearly displayed during the ordering process. Orders that do not meet the minimum requirement may not be eligible for delivery, though pickup may still be available. Minimum order amounts may vary by location and delivery distance.
6.5 Payment Terms
We accept various payment methods as displayed on our Website, which may include credit cards, debit cards, and other electronic payment methods. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order, including taxes, delivery fees, and any applicable service charges.
All payments are processed securely through our third-party payment processors. We do not store complete credit card numbers on our servers. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred.
6.6 Pricing Errors
Despite our best efforts, pricing errors may occasionally occur. If we discover an error in the price of any product you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the product, you will receive a full refund.
7. Delivery Terms
7.1 Delivery Zones
We offer delivery services within designated delivery zones, which are determined based on our location and operational capacity. Delivery availability is determined by the delivery address you provide during checkout. If your address falls outside our delivery zone, you may still be able to place a pickup order. We reserve the right to modify our delivery zones at any time.
7.2 Delivery Times
Estimated delivery times provided during the ordering process are approximate and are not guaranteed. Actual delivery times may vary based on factors including but not limited to order volume, weather conditions, traffic, distance, and other circumstances beyond our control. We will make reasonable efforts to deliver your order within the estimated timeframe, but we are not liable for late deliveries.
7.3 Delivery Address Accuracy
You are responsible for providing an accurate and complete delivery address, including any apartment numbers, building names, access codes, or special delivery instructions. We are not responsible for failed deliveries or delays resulting from incorrect or incomplete address information provided by you. If an order cannot be delivered due to an incorrect address, additional delivery fees may apply for redelivery.
7.4 Receipt of Delivery
You or someone authorized to receive the order must be present at the delivery address to accept the delivery. If no one is available to receive the order after a reasonable waiting period (typically 5-10 minutes), the delivery driver may leave the order at the door (contactless delivery) if previously authorized, or return the order to our location. In such cases, no refund will be provided.
7.5 Delivery Fees
Delivery fees will be clearly displayed during the checkout process and may vary based on distance, order value, and current demand. Delivery fees are non-refundable unless the order is cancelled before preparation begins or if there is an issue attributable to us.
7.6 Contactless Delivery
We offer contactless delivery options for your safety and convenience. If you select contactless delivery, our driver will leave your order at your door and notify you when it has been delivered. By selecting contactless delivery, you accept responsibility for the order once it has been placed at your door, including any issues arising from theft, weather exposure, or other factors.
8. Food Safety and Allergens
8.1 Food Safety Standards
Wing Snob is committed to maintaining the highest standards of food safety and hygiene. We comply with all applicable federal, state, and local food safety regulations, including those established by the U.S. Food and Drug Administration (FDA) and state health departments. Our facilities are regularly inspected, and our staff receives ongoing training in food safety practices.
8.2 Allergen Information Disclaimer
Important Allergen Warning: Our menu items may contain or come into contact with common allergens, including but not limited to milk, eggs, wheat, soy, peanuts, tree nuts, fish, and shellfish. While we take precautions to prevent cross-contamination, we cannot guarantee that any item is completely free of allergens due to the nature of our kitchen operations.
If you have food allergies or dietary restrictions, we strongly encourage you to:
- Review our allergen information available on our Website and at our locations.
- Inform us of your allergies when placing your order, both online and verbally if ordering by phone or in person.
- Use the special instructions section when ordering online to specify any allergy concerns.
- Contact us directly at +1 207-348-6900 before placing an order if you have severe allergies.
- Exercise caution and judgment regarding your food choices based on your personal health needs.
We disclaim any liability for adverse reactions resulting from the consumption of our products by individuals with food allergies or sensitivities. You acknowledge that consuming our products is at your own risk if you have known food allergies.
8.3 Nutritional Information
Nutritional information provided on our Website or through our Services is approximate and may vary based on factors such as portion size, preparation methods, and ingredient variations. This information is provided for general reference only and should not be relied upon for dietary planning if you have specific health conditions. Consult with a healthcare professional for personalized dietary advice.
8.4 Proper Food Handling
Once your order has been delivered or picked up, you are responsible for proper food handling and storage. We recommend:
- Consuming hot food items immediately for best quality and safety.
- Refrigerating any leftover food promptly (within 2 hours of receipt).
- Reheating leftovers to appropriate temperatures before consuming.
- Not consuming food that has been left at room temperature for extended periods.
9. Intellectual Property
9.1 Our Ownership
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, the design, selection, and arrangement thereof, trademarks, service marks, trade names, logos, and other branding elements) are owned by Wing Snob, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
9.2 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial purposes. This license does not permit you to:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as incidental to normal use of the Services.
- Use our name, trademarks, service marks, or logos without our prior written consent.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
- Access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
9.3 Trademarks
The Wing Snob name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Wing Snob or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
9.4 Copyright Infringement
If you believe that any content on our Services infringes your copyright, please notify us by sending a written notice to [email protected] that includes:
- A physical or electronic signature of the copyright owner or authorized agent.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing and where it is located on the Services.
- Your contact information, including address, telephone number, and email address.
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner.
- A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
10. User Content
10.1 Responsibility for Your Content
You are solely responsible for any content you submit, post, or transmit through our Services, including but not limited to reviews, comments, photographs, and other materials ("User Content"). You represent and warrant that you own or have the necessary rights to all User Content you submit and that such content does not violate the rights of any third party.
10.2 License Grant
By submitting User Content to our Services, you grant Wing Snob a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media formats and through any media channels, including for marketing and promotional purposes.
10.3 Prohibited Content
You agree not to submit User Content that:
- Is false, misleading, defamatory, or fraudulent.
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights.
- Violates the privacy or publicity rights of any third party.
- Is obscene, pornographic, violent, or otherwise offensive.
- Promotes illegal activities or substances.
- Contains hate speech, harassment, or discrimination.
- Contains malware, viruses, or other harmful code.
- Impersonates any person or entity or misrepresents your affiliation.
- Constitutes spam or unsolicited commercial messages.
10.4 Right to Remove Content
We reserve the right, but have no obligation, to review, monitor, edit, or remove any User Content at our sole discretion, for any reason or no reason, including User Content that we believe violates these Terms or is otherwise objectionable. We are not responsible for any failure or delay in removing such content.
10.5 No Endorsement
User Content does not represent our views or opinions, and we do not endorse any User Content. We are not liable for any User Content posted by users, whether or not we have reviewed such content.
11. Disclaimers
11.1 "As Is" Service Provision
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ALL CONTENT, PRODUCTS, AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
11.2 No Warranty of Uninterrupted Service
We do not warrant that: (a) the Services will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services will be accurate or reliable; (c) the quality of any products, services, information, or other material purchased or obtained through the Services will meet your expectations; or (d) any errors in the Services will be corrected.
11.3 Third-Party Content Disclaimer
Our Services may contain links to third-party websites, services, or content that are not owned or controlled by Wing Snob. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content or services.
11.4 Professional Advice Disclaimer
Nothing on our Services constitutes, or is meant to constitute, professional advice of any kind, including medical, nutritional, or dietary advice. If you require advice in relation to any medical, nutritional, or dietary matter, you should consult an appropriate professional. We do not provide personalized dietary or health advice.
12. Limitation of Liability
12.1 Maximum Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WING SNOB, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES EXCEEDING THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
12.2 Excluded Damages
IN NO EVENT SHALL WING SNOB OR ITS 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, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM IS BASED.
12.3 Essential Purpose
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WING SNOB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12.4 Jurisdictional Variations
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so some of the above limitations and exclusions may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
13. Indemnification
13.1 Your Indemnification Obligation
You agree to defend, indemnify, and hold harmless Wing Snob, 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 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.
- Your violation of any third-party rights, including intellectual property, privacy, or publicity rights.
- Your User Content.
- Your use of the Services.
- Your violation of any applicable laws or regulations.
- Any misrepresentation made by you.
13.2 Defense and Settlement
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall not settle any claim without our prior written consent.
13.3 Survival
Your indemnification obligations shall survive the termination of these Terms and your use of the Services.
14. Third-Party Links and Services
14.1 No Responsibility for Third Parties
Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Wing Snob, including payment processors, social media platforms, and other service providers. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
14.2 Third-Party Terms Apply
Your interactions with third-party services, including payment processors, are governed by the terms and privacy policies of those third parties. We encourage you to read the terms and conditions and privacy policies of any third-party website or service that you visit or use. You acknowledge and agree that we are not responsible for the availability of such external sites or resources.
14.3 No Endorsement
The inclusion of any links does not imply our endorsement of, or affiliation with, the linked website or its operators. You acknowledge and agree that we 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 on or through any such websites or services.
15. Termination
15.1 Company Right to Terminate
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
15.2 User Right to Terminate
You may terminate your account at any time by contacting us at [email protected]. Upon your request, we will deactivate your account and remove your personal information in accordance with our Privacy Policy, subject to any legal requirements to retain certain data.
15.3 Effect of Termination
Upon termination of your account:
- Your right to access and use the Services will immediately cease.
- Any pending orders may be cancelled at our discretion.
- Any accumulated rewards, credits, or promotional balances may be forfeited.
- We may retain certain information as required by law or for legitimate business purposes.
15.4 Survival of Provisions
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
16. Governing Law and Disputes
16.1 Applicable Law
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Maine and the federal laws of the United States applicable therein, without regard to conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maine.
16.2 Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute"), you and Wing Snob agree to first attempt to resolve the Dispute informally by contacting us at [email protected]. If we are unable to resolve the Dispute informally within thirty (30) days, either party may proceed with formal dispute resolution as outlined below.
16.3 Arbitration
Any Dispute not resolved through informal negotiation shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Hancock County, Maine, or another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
16.4 Class Action Waiver
YOU AND WING SNOB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
16.5 Jurisdiction and Venue
For any matters not subject to arbitration, you consent to the personal jurisdiction of and venue in the state and federal courts located in Hancock County, Maine, and waive any objection to such jurisdiction or venue.
17. Changes to Terms
17.1 Right to Modify
We reserve the right to modify, amend, or replace these Terms at any time in our sole discretion. We will indicate the date of the most recent revision at the top of these Terms.
17.2 Notification of Changes
For material changes to these Terms, we will make reasonable efforts to notify you through means such as posting a notice on our Website, sending an email to the address associated with your account, or other reasonable methods. What constitutes a material change will be determined at our sole discretion.
17.3 Continued Use Equals Acceptance
Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the modified Terms, you must stop using the Services.
17.4 Review Responsibility
It is your responsibility to review these Terms periodically for any changes. By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised Terms.
18. General Provisions
18.1 Entire Agreement
These Terms, together with our Privacy Policy, Cookie Policy, and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and Wing Snob concerning your use of the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Wing Snob.
18.2 Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.
18.3 Waiver
No waiver by Wing Snob of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Wing Snob to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
18.4 Assignment
You may not assign or transfer these Terms or your rights and obligations hereunder, in whole or in part, without our prior written consent. We may assign these Terms, in whole or in part, at any time without notice to you. Any attempted assignment in violation of this provision shall be null and void.
18.5 Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemics, or shortages of transportation, facilities, fuel, energy, labor, or materials.
18.6 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
18.7 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
18.8 Electronic Communications
By using our Services, you consent to receive electronic communications from us, including emails, texts, mobile push notices, or notices posted on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
19. Contact Information
If you have any questions, concerns, or comments about these Terms of Service, please contact us:
Wing Snob
Mailing Address:
300 Goose Cove Rd
Deer Isle, ME 04627
United States
Phone: +1 207-348-6900
Email: [email protected]
Website: wingsnob.digital
19.1 Response Times
We strive to respond to all inquiries within two (2) business days. For urgent matters related to orders or food safety concerns, please call us directly at +1 207-348-6900 during our business hours.
19.2 Business Hours
Our customer service team is available:
- Monday – Sunday: 11:00 AM – 10:00 PM (EST)
Related Policies: Please also review our Privacy Policy, Cookie Policy, and Refund Policy for additional information about how we collect, use, and protect your information, and our policies regarding returns and refunds.
Need Assistance?
Our customer support team is here to help you with any questions about these Terms of Service or our food services.
Contact Our Support Team