LEGAL NOTICE

Effective Date: April 9, 2025

1. Introduction and Scope

This Legal Notice governs your access to and use of the website located at eatkungfuchicken.com (the “Website”), which is owned and operated by Kung Fu Chicken (“Kung Fu Chicken,” “we,” “us,” “our”). This Website provides information about our restaurant, specializing in Asian-style fried chicken, sandwiches, wraps, fingers, Kung Fu Smoothies, our unique culinary approach (including our 24-hour marination process and signature flavors), catering services offered primarily in South Florida, and provides means to contact us or link to third-party platforms for ordering.

This document outlines important information regarding the use of this Website, intellectual property rights, disclaimers, limitations of liability, and other legal considerations. By accessing, browsing, or otherwise using this Website, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions set forth in this Legal Notice and our separate Privacy Policy (https://eatkungfuchicken.com/privacy-policies/), which is incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THIS WEBSITE. Your continued use of the Website signifies your acceptance of this Legal Notice as may be amended from time to time.

2. Website Purpose and Informational Nature

The primary purpose of this Website is to provide general information about Kung Fu Chicken, our menu offerings, restaurant concept, catering capabilities, and potentially provide links to external platforms for ordering or reviews. The content provided on this Website is for informational purposes only.

While we strive to keep the information on the Website accurate, complete, and up-to-date, we make no representations, warranties, or guarantees, whether express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Menu items, ingredients, prices, descriptions, promotions, and availability are subject to change without notice. The information provided does not constitute an offer to sell unless explicitly stated.

3. User Conduct and Responsibilities

Your permission to use the Website is contingent upon your agreement that you will not, and will not authorize or permit others to:

  • Use the Website in any way that violates any applicable federal, state, local, or international law or regulation.

  • Use the Website for any purpose that is fraudulent, unlawful, deceptive, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

  • Engage in any activity that interferes with or disrupts the Website or the servers and networks connected to the Website, including transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature.

  • Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, or any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate means.

  • Probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

  • Use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website.

  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  • Collect or store personal data about other users without their express permission.

  • Use the Website to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm Kung Fu Chicken or users of the Website or expose them to liability.

Failure to comply with these rules of conduct may result in suspension or termination of your access to the Website and may expose you to civil and/or criminal liability.

4. Intellectual Property Rights

  • Ownership: The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, graphics, logos, icons, code, data, the selection and arrangement thereof, and all intellectual property and proprietary rights therein) are owned by Kung Fu Chicken, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, database rights, and other intellectual property or proprietary rights laws.

  • Trademarks: The name “Kung Fu Chicken,” the domain eatkungfuchicken.com, the Kung Fu Chicken logo(s), slogans, and all related names, logos, product and service names (including names used for our signature menu items like “Original,” “Sweet Sriracha,” “General Tso,” “Szechuan Ma La Spice,” “Honey Garlic,” “Kung Fu Smoothies”), designs, and slogans are trademarks of Kung Fu Chicken or its affiliates or licensors. You must not use these marks without the prior express written permission of Kung Fu Chicken. Any use of these marks without permission may constitute trademark infringement and unfair competition. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners (e.g., DoorDash, Google) and are used for identification purposes only.

  • Limited License: We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website strictly for your personal, non-commercial informational purposes, subject to the terms of this Legal Notice. This license does not include any right to: (a) resell or commercially use the Website or its contents; (b) collect and use any product listings, descriptions, or prices; (c) make any derivative use of the Website or its contents; (d) download, copy, or otherwise use account information for the benefit of any third party; or (e) use data mining, robots, or similar data gathering and extraction tools.

  • Restrictions: Except as expressly permitted herein, you may not copy, reproduce, distribute, republish, download, display, post, transmit, modify, create derivative works from, sell, license, exploit, or otherwise use any part of the Website or its content in any form or by any means without the prior written authorization of Kung Fu Chicken or the respective intellectual property owner. You must not modify paper or digital copies of any materials from this site, use illustrations or photos separately from accompanying text, or delete or alter copyright/trademark notices.

  • Reservation of Rights: All rights not expressly granted to you in this Legal Notice are reserved and retained by Kung Fu Chicken or its licensors, suppliers, publishers, rightsholders, or other content providers. Any unauthorized use terminates the permission or license granted by Kung Fu Chicken.

5. Website Content and Accuracy Disclaimer

  • General Information: The content on our Website is provided for general information only. It is not intended to amount to advice (whether nutritional, dietary, medical, legal, financial, or otherwise) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Website.

  • No Guarantees: While we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Errors may occur, and information (including menu items, descriptions, pricing, and availability) may change rapidly.

  • Food Information & Allergens: Descriptions of menu items, including ingredients, are provided for informational purposes. Preparation methods may vary. A CRITICAL ALLERGEN WARNING IS NECESSARY: Our kitchen handles common food allergens including, but not limited to, WHEAT (GLUTEN), SOY, EGGS, DAIRY (MILK), PEANUTS, TREE NUTS, SESAME, FISH, and SHELLFISH. Frying oil may be shared. We cannot guarantee any item is free from allergens. If you have a food allergy or sensitivity, you are responsible for exercising caution and should contact the restaurant directly to discuss your needs before placing an order. Reliance on menu descriptions alone is at your own risk. Please refer to our full Terms and Conditions for more detailed allergen information.

  • User Responsibility: You are responsible for evaluating the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Website.

6. Third-Party Links and Resources

The Website may contain links to other websites and resources provided by third parties (such as links to ordering platforms like DoorDash, review sites like Google Reviews, or social media platforms). These links are provided for your convenience only and solely as a pointer to information on topics that may be useful to users.

Kung Fu Chicken has no control over the contents, terms of use, or privacy practices of those third-party sites or resources, and we accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. The inclusion of any link does not imply endorsement, affiliation, sponsorship, or recommendation by Kung Fu Chicken of the site or any association with its operators. If you decide to access any third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites. You should direct any concerns regarding any external link to the administrator or webmaster of that third-party site.

7. Disclaimers of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING VIA LINKS TO THIRD PARTIES) IS AT YOUR SOLE RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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, KUNG FU CHICKEN, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITATION TO THE FOREGOING, NEITHER KUNG FU CHICKEN NOR ANYONE ASSOCIATED WITH KUNG FU CHICKEN REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS; THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS; OR REGARDING THE SECURITY OF YOUR DATA TRANSMISSIONS TO OR FROM THE WEBSITE.

WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE FUNCTIONALITY, TERMS, PRIVACY PRACTICES, SECURITY, OR PERFORMANCE OF ANY THIRD-PARTY WEBSITES OR PLATFORMS LINKED FROM OUR WEBSITE (SUCH AS ORDERING OR REVIEW PLATFORMS).

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KUNG FU CHICKEN, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY:

  • DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;

  • DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS;

  • LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA;

  • COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR

  • BUSINESS INTERRUPTION.

THIS LIMITATION OF LIABILITY APPLIES WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT KUNG FU CHICKEN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, DESPITE THE LIMITATIONS ABOVE, KUNG FU CHICKEN IS FOUND LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ITS CONTENT, KUNG FU CHICKEN’S TOTAL AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (SUCH AS LIABILITY FOR FRAUD, OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE EXTENT SUCH EXCLUSION IS PROHIBITED BY LAW). ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

9. Indemnification

You agree to defend, indemnify, and hold harmless Kung Fu Chicken, 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, demands, expenses, or fees (including reasonable attorneys’ fees and legal costs) arising out of or relating to:

  • Your violation of this Legal Notice or any documents incorporated by reference (like the Privacy Policy).

  • Your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in this Legal Notice.

  • Your reliance on any information obtained from the Website.

  • Your violation of any law or the rights of a third party.

  • Your access to or use of any third-party websites or services linked from this Website.

  • Any activity related to your internet connection or device used to access the Website.

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 with us in asserting any available defenses.

10. Privacy

Our collection and use of personal information in connection with your access to and use of the Website is described in our Privacy Policy. By using the Website, you consent to the collection, use, and disclosure of your information as set forth in our Privacy Policy (https://eatkungfuchicken.com/privacy-policies/). Please review it carefully.

11. Governing Law and Jurisdiction

This Legal Notice and any dispute or claim arising out of or related to it, its subject matter, or its formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Florida.

Any legal suit, action, or proceeding arising out of, or related to, this Legal Notice or the Website shall be instituted exclusively in the federal courts of the United States located in the Southern District of Florida or the courts of the State of Florida located in Miami-Dade or Broward County. You irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Dispute Resolution; Arbitration

At Kung Fu Chicken’s sole discretion, any dispute, claim, or controversy arising out of or relating to this Legal Notice or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Website (collectively, “Disputes”) may be required to be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (or Commercial Arbitration Rules, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Miami-Dade or Broward County, Florida. The parties agree that the arbitrator(s), and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes relating to the interpretation, applicability, enforceability, or formation of this Legal Notice, including, but not limited to, any claim that all or any part of this Legal Notice is void or voidable.