Terms of Service

Please read these Terms of Service carefully before using the Starbird website, mobile application, online ordering platform, or any related services. By accessing or using our services, you agree to be bound by these Terms of Service.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Starbird ("Company," "we," "us," or "our"), governing your access to and use of the website located at starbirdfood.rest (the "Site"), our mobile application, online ordering platform, in-store kiosks, and all related services, features, content, and functionality offered by Starbird (collectively, the "Services").

By accessing or using our Services in any manner — including browsing the Site, placing an order, creating an account, participating in any loyalty or rewards program, or otherwise interacting with our digital or physical platforms — 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 with any portion of these Terms, you must immediately discontinue your use of the Services. These Terms apply to all users, including casual visitors, registered account holders, and individuals who place orders through any Starbird channel.

You represent and warrant that you are at least 18 years of age, or if you are between 13 and 17 years of age, that you have obtained verifiable parental or legal guardian consent to use the Services. Individuals under the age of 13 are strictly prohibited from using the Services.

By using our Services, you also affirm that you have the legal capacity and authority to enter into this Agreement. If you are using the Services on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Services

Starbird is a food and restaurant company headquartered in the United States, specializing in premium quality chicken-based food products and meals. Our Services include, but are not limited to, the following:

• Online Ordering: Customers may place orders for food and beverages through our website at starbirdfood.rest or through our mobile application for pickup, dine-in, or delivery (where available).
• In-Restaurant Dining: Starbird operates physical restaurant locations throughout the United States where customers may purchase and consume meals on-site.
• Delivery Services: We may offer delivery services directly or through authorized third-party delivery partners, including but not limited to DoorDash, Uber Eats, Grubhub, and other platforms. Terms and conditions of third-party delivery services are governed by the respective provider's terms.
• Loyalty and Rewards Programs: Starbird may offer loyalty points, rewards programs, promotional credits, or similar incentive structures. These programs are subject to additional terms and conditions that will be communicated at enrollment or on the relevant program page.
• Catering Services: We may offer catering and bulk ordering services for events, corporate functions, and private gatherings, subject to separate catering agreements and minimum order requirements.
• Digital Content: Our Site and application may include nutritional information, menu descriptions, blog content, photography, and other informational materials for your convenience.
• Customer Support: We provide customer support through email, phone, and other contact channels to assist with orders, complaints, feedback, and inquiries.

Starbird reserves the right to modify, suspend, or discontinue any portion of the Services at any time, with or without prior notice, and without liability to you or any third party. We do not guarantee continuous, uninterrupted access to the Services.

Menu availability, pricing, restaurant hours, and service offerings may vary by location. Not all Services are available at all locations or in all geographic areas. Please check with your nearest Starbird location or visit starbirdfood.rest for current availability.

3. User Accounts and Registration

Certain features of the Services, including online ordering and participation in loyalty programs, may require you to create a user account ("Account"). When registering for an Account, you agree to provide accurate, current, and complete information, including your full name, valid email address, billing address, and any other required fields.

You are solely responsible for maintaining the confidentiality of your Account login credentials, including your username and password. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your Account or any security breach.

Starbird will not be liable for any loss or damage arising from your failure to maintain the security of your Account credentials. You are fully responsible for all activities that occur under your Account, whether or not authorized by you.

You may not create more than one Account per individual for the purpose of gaining unauthorized access to promotional offers, loyalty points, or other benefits. Creating duplicate or fraudulent accounts is strictly prohibited and may result in immediate termination of all associated accounts.

4. User Obligations and Prohibited Activities

By using the Services, you agree to comply with all applicable federal, state, and local laws and regulations, including but not limited to the Federal Trade Commission Act ("FTC Act"), applicable food safety regulations, and all laws governing electronic commerce and consumer protection in the United States.

4.1 General User Obligations

You agree to use the Services only for lawful purposes and in a manner that does not infringe upon the rights of others. You further agree to:

• Provide accurate and complete information when placing orders or registering for an Account;
• Pay all charges and fees associated with your orders in a timely manner;
• Comply with all posted restaurant policies, including health and safety requirements at physical locations;
• Treat Starbird employees, agents, and other customers with respect and dignity.

4.2 Prohibited Activities

The following activities are strictly prohibited when using our Services:

• Fraudulent Conduct: Engaging in any form of fraud, including submitting false information, making unauthorized payments, using stolen credit card information, or exploiting promotional offers dishonestly;
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Site, our servers, systems, or networks;
• Harmful Code: Uploading, transmitting, or distributing any viruses, malware, spyware, ransomware, Trojan horses, or any other malicious code or software;
• Data Scraping: Using automated tools, bots, crawlers, scrapers, or similar technologies to access, extract, or collect data from the Site without our prior written consent;
• Impersonation: Impersonating any person or entity, including Starbird employees, or falsely claiming an affiliation with any individual or organization;
• Harassment: Harassing, threatening, intimidating, or abusing any Starbird employee, agent, contractor, or other customer;
• Spam: Sending unsolicited commercial communications, junk mail, or spam through any Starbird communication channel;
• Unlawful Use: Using the Services for any unlawful purpose, including violating any applicable federal, state, or local laws or regulations;
• Intellectual Property Infringement: Copying, reproducing, modifying, distributing, or creating derivative works from any Starbird content without express written permission;
• Interference: Engaging in any action that imposes an unreasonable or disproportionately large load on our infrastructure or that interferes with the proper functioning of the Services;
• Unauthorized Resale: Purchasing food or merchandise with the intent to resell without prior written authorization from Starbird.

Starbird reserves the right to investigate any suspected violations of these Terms and to take appropriate action, including suspending or terminating your Account, refusing service, reporting conduct to law enforcement authorities, and pursuing all available legal remedies.

5. Intellectual Property Rights

All content, materials, and intellectual property available through the Services — including but not limited to the Starbird name, logos, trademarks, service marks, trade dress, website design, graphics, photographs, text, menu descriptions, videos, software code, and all other proprietary materials (collectively, "Starbird Content") — are owned by or licensed to Starbird and are protected under applicable United States and international intellectual property laws, including the Lanham Act, the Copyright Act (17 U.S.C. § 101 et seq.), and other applicable statutes.

Subject to your compliance with these Terms, Starbird grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial purposes. This license does not include any right to:

• Reproduce, modify, adapt, translate, create derivative works, or publicly display any Starbird Content;
• Use any data mining, robots, scrapers, or similar tools;
• Download or copy any portion of the Site for commercial use;
• Use the Starbird name, logo, or trademarks without prior written consent.

Any unauthorized use of Starbird's intellectual property is strictly prohibited and may constitute a violation of federal and state intellectual property laws. Starbird actively monitors and enforces its intellectual property rights and will pursue legal action when appropriate.

If you submit any feedback, comments, suggestions, ideas, or other communications to Starbird ("User Submissions"), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, reproduce, publish, and distribute such User Submissions for any purpose, without compensation to you.

6. Payment Terms and Pricing

All prices listed on the Site or in our application are in United States Dollars (USD) and are subject to change without notice. Prices may vary by location. Applicable sales taxes, service fees, and delivery charges (if any) will be calculated and displayed at checkout prior to the completion of your order.

By placing an order through our Services, you authorize Starbird or our authorized payment processors to charge your designated payment method for the total amount of your order, including all applicable taxes and fees. You represent and warrant that you are authorized to use the payment method provided.

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. Payment must be received and confirmed before your order is processed and prepared.

All sales are final once an order has been confirmed. If you experience an issue with your order, please contact us at [email protected] within a reasonable time for assistance. Refunds, if applicable, are issued at Starbird's sole discretion and are subject to our Refund Policy.

Starbird reserves the right to cancel any order at any time if fraud is suspected, if payment cannot be processed, if the ordered items are unavailable, or for any other reason at our sole discretion. In the event of cancellation, we will notify you and refund any charges where applicable.

6.1 Promotional Offers and Discounts

Promotional codes, discount coupons, gift cards, and special offers are subject to individual terms and conditions, expiration dates, and geographic limitations. Promotions cannot be combined unless explicitly stated. Starbird reserves the right to revoke or modify any promotional offer at any time without prior notice in the event of abuse, technical error, or system failure.

7. Disclaimers and "As-Is" Basis

THE SERVICES, INCLUDING THE SITE, APPLICATION, AND ALL CONTENT, 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, STARBIRD EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SERVICES 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 OR INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING NUTRITIONAL INFORMATION AND MENU DESCRIPTIONS;
• WARRANTIES THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.

Nutritional and allergen information provided on our Site and in our restaurants is intended as a general guide only and may not account for variations in food preparation, ingredient substitutions, or regional differences. Customers with severe food allergies, dietary restrictions, or medical conditions should exercise caution and consult directly with restaurant staff before ordering.

Starbird does not warrant that the Site or Services will meet your specific requirements or expectations. Your use of the Services is entirely at your own risk.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING BUT NOT LIMITED TO THE LAWS OF THE UNITED STATES AND THE STATE IN WHICH YOU RESIDE OR IN WHICH A DISPUTE ARISES, STARBIRD AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA;
• CONDUCT OR CONTENT OF THIRD PARTIES ON OR THROUGH THE SERVICES;
• ANY FOOD-RELATED ILLNESS OR ALLERGIC REACTION NOT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF STARBIRD;
• ANY MATTER BEYOND STARBIRD'S REASONABLE CONTROL.

IN NO EVENT SHALL STARBIRD'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO STARBIRD IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF STARBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for certain types of damages. To the extent that applicable law does not permit the exclusion or limitation of liability as set forth herein, such limitations shall apply to the fullest extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Starbird and its affiliates, subsidiaries, licensors, officers, directors, employees, agents, successors, and assigns (collectively, "Starbird Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to the Services, including any orders placed;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law, rule, or regulation;
• Your infringement of any intellectual property right, privacy right, or other right of any third party;
• Any content or information you submit, post, or transmit through the Services;
• Your fraudulent or intentional misconduct;
• Any dispute between you and a third party arising from your use of the Services.

Starbird reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with Starbird in asserting any available defenses. You may not settle any claim covered by this indemnification provision without Starbird's prior written consent.

10. Third-Party Services and Links

The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Starbird. These include third-party delivery platforms, social media networks, payment processors, and analytics providers. Starbird has no control over and assumes no responsibility for the content, privacy policies, terms of service, or practices of any third-party services.

Your use of any third-party service is at your own risk and subject to that third party's applicable terms and conditions. We strongly encourage you to review the terms and privacy policies of any third-party services you interact with. The inclusion of any link on our Site does not constitute an endorsement by Starbird of the linked website or service.

Delivery partners, payment processors, and other service providers may independently collect, process, and use your personal data in accordance with their own privacy policies. Starbird is not liable for any acts or omissions of third-party service providers.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the federal laws of the United States and the laws of the state applicable to the Starbird entity with which you are transacting, without regard to its conflict of law provisions or principles.

For users located in California, these Terms and any disputes arising hereunder shall be governed by the laws of the State of California, and you may have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and other applicable California statutes.

Subject to the Dispute Resolution provisions below, you irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the United States for the resolution of any disputes not subject to arbitration. You waive any objection to the laying of venue of any such proceeding in such courts and waive any objection that such courts are an inconvenient forum.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Starbird at [email protected] to describe your complaint and seek an informal resolution. The parties agree to negotiate in good faith for a period of at least thirty (30) days from the date of notice before commencing arbitration or any other legal proceeding. Many disputes can be resolved quickly and informally to mutual satisfaction.

12.2 Binding Arbitration

If the parties are unable to resolve a dispute informally within the thirty (30) day period, any controversy, claim, or dispute arising out of or relating to these Terms, your use of the Services, or any order placed through Starbird — including any question regarding the existence, validity, or interpretation of these Terms — shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect, or by another mutually agreed arbitration body.

The arbitration shall be conducted in English and shall take place in the United States at a location mutually agreed upon by the parties or, if no agreement can be reached, at a location determined by the arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND STARBIRD EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER FORM OF REPRESENTATIVE PROCEEDING. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Nothing in this section shall limit Starbird's right to report unlawful conduct to law enforcement authorities.

13. Term and Termination

These Terms are effective as of the date you first access or use the Services and shall remain in full force and effect until terminated in accordance with this section.

You may terminate your Account and stop using the Services at any time by contacting us at [email protected] and requesting Account deletion. Upon deletion of your Account, your right to use the Services as a registered user will terminate, though these Terms will continue to apply to any prior use.

Starbird reserves the right, in its sole discretion and without prior notice, to suspend, restrict, or permanently terminate your access to the Services, including your Account, for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Engagement in fraudulent, illegal, or abusive conduct;
• Requests by law enforcement or other governmental authorities;
• Extended periods of account inactivity;
• Technical or security issues; or
• Discontinuation of the Services.

Upon termination, your right to use the Services immediately ceases. Any outstanding obligations, including payment for completed orders, shall survive termination. The following sections shall survive any termination of these Terms: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

14. Changes to These Terms

Starbird reserves the right to modify, update, or replace these Terms at any time at its sole discretion. When we make material changes to these Terms, we will provide notice through one or more of the following methods: posting a prominent notice on the Site, sending an email notification to the address associated with your Account, updating the "Last Updated" date at the top of this page, or in-app notification.

Your continued use of the Services after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must immediately discontinue your use of the Services and, if applicable, close your Account.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of the Terms will always be available at starbirdfood.rest.

15. Privacy Policy

Your privacy is important to us. Our Privacy Policy describes how we collect, use, store, share, and protect your personal information in connection with your use of the Services. Our Privacy Policy is incorporated into these Terms by reference and forms part of this Agreement. By using the Services, you consent to the collection and use of your information as described in our Privacy Policy.

For users in California, Starbird complies with the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and provides you with specific rights regarding your personal data, including the right to know, the right to delete, and the right to opt-out of the sale or sharing of personal information.

16. Food Safety and Allergen Notice

Starbird is committed to food safety and quality. However, our menu items may contain or come into contact with common allergens, including but not limited to wheat, gluten, dairy, eggs, soy, peanuts, tree nuts, fish, and shellfish. Cross-contamination may occur in our kitchens, and we cannot guarantee that any menu item is completely free from allergens.

Customers with food allergies, intolerances, or other dietary concerns are strongly encouraged to inform restaurant staff at the time of ordering and to review our allergen information carefully. Starbird shall not be liable for allergic reactions or adverse health events resulting from undisclosed allergies or dietary restrictions.

17. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, unenforceable, or contrary to applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall be construed as if the invalid, illegal, or unenforceable provision had not been included.

The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction, nor shall it affect the validity or enforceability of any other provision of these Terms.

18. Waiver

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

19. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements, policies, or guidelines incorporated herein by reference, constitute the entire agreement between you and Starbird with respect to your use of the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter hereof.

No oral or written representations made by Starbird employees or agents outside of these Terms shall be binding unless incorporated in a signed written amendment to these Terms.

20. Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without Starbird's prior written consent. Any attempted assignment in violation of this section shall be null and void. Starbird may assign these Terms or any rights hereunder freely and without restriction, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of Starbird's assets.

21. Force Majeure

Starbird shall not be liable for any delay, failure to perform, or interruption in the Services arising directly or indirectly from circumstances beyond Starbird's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders or regulations, war, terrorism, civil unrest, strikes or labor disputes, power outages, internet service interruptions, supply chain disruptions, or acts of third parties. In such events, Starbird's obligations under these Terms shall be suspended for the duration of the force majeure event.

22. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service or the Services generally, please contact us using the information below. We will make every effort to respond to your inquiry in a timely manner.

For legal notices, including notices of claimed intellectual property infringement, please direct correspondence in writing to our email address above, clearly marked as "Legal Notice" in the subject line.