Terms & Conditions

Updated June 10, 2026

  1. ACCEPTANCE OF TERMS OF USE

This website at www.biscuitville.com, including all pages and sub-pages thereof (the “Website”), and the Biscuitville Fresh Southern mobile application (the “Application”) (collectively, the “Services”) are owned and operated by Biscuitville, Inc. (“Biscuitville”). The following terms of use (“Terms”) govern your use of the Services on any platform and in any format.

Please read these Terms carefully. Each time you access or use any of the Services, you acknowledge that you have read and accept these Terms, including the Privacy Policy (click here), which is incorporated into the Terms by reference.  If you do not agree to be bound by these Terms, do not access or use the Services.

Biscuitville has the right, at its sole discretion, to enhance, change or discontinue all or part of the Services at any time. We may update or change these Terms from time to time by posting the updated Terms on the Website.  You consent to receive notices of updated Terms by our posting of the updated Terms on the Website.

Some areas or functions of the Services may be subject to additional or different terms and conditions, including but not limited to official rules for a sweepstakes, contest, special offer, survey, or program (“Additional Terms”). Such Additional Terms, which are incorporated by reference into these Terms, are intended to supplement, not replace, these Terms of Use. However, to the extent there is a conflict between any Additional Terms and these Terms, the Additional Terms will control.

By using the Services, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use the Services with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in these Terms.

  1. USER INFORMATION

You may be required to create an account in order to access certain areas or functions of the Services.  You may be asked to provide certain personal details and information in order to create an account. You agree to provide correct, current, and complete information, and further agree to maintain and update your account information, as needed, to keep it accurate, current, and complete. You agree to take reasonable steps to maintain the confidentiality of your username, password, and other personal information, and further agree that you are solely responsible for maintaining the confidentiality of your personal information.

  1. FUNCTIONALITY

Biscuitville reserves the right to change, amend, disable, or suspend any part of the Services and any functions, services, thereof, in its sole discretion with or without notice. Biscuitville will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

Biscuitville has the right to disable any username, password, or other identifier, if any, whether chosen by you or provided by Biscuitville, at any time in its sole discretion for any reason, including if Biscuitville believes that you have violated any provision of these Terms.

  1. ONLINE ORDERING

Biscuitville may make available to you the ability to order food and beverages online from participating Biscuitville restaurants through the Services.  You may need to have an account registered through the Services in order to place an order.  You may also need to enable push notifications and authorize location services on your computer or mobile device in order to enable online ordering or certain aspects thereof.

It may not be possible to place online orders at all Biscuitville restaurants.  There may be required minimum order amounts or maximum dollar values on orders that may be placed through the Services.   Participating restaurant locations may not have all menu items displayed on the Services.  Discounts, coupons, and other offers may not be available when ordering online.  Once you place an order using the Services, you may not be able to change or cancel it.

Biscuitville may use third-party providers to process payments for online orders.  By submitting an order through the Services, you authorize Biscuitville or its third-party service providers to charge the order amount to the payment method you selected.

The specific Biscuitville restaurant selected when you place your order is solely responsible for fulfilling your order and for addressing any questions or other communications regarding your order. If you have any issues or questions specific to your order, you should address them to the specific Biscuitville restaurant with which you placed your order.

These Terms apply only to orders placed through the Website and the Application.  Orders placed through third party websites, mobile applications, and delivery services are not subject to these Terms. 

  1. PROPRIETARY INFORMATION

All content used on and in the Services and the functionality of the Services, including without limitation the text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features, and the like, and the trade secrets, trademarks, trade names, service marks, copyrights, and logos contained therein (collectively, the “Biscuitville Content”), are owned by or licensed to Biscuitville and are proprietary and protected by applicable intellectual property law, and Biscuitville or the party that licensed the Biscuitville Content retails all right, title, and interest in the Biscuitville Content. No express or implied rights are conferred on you to use the Biscuitville Content.  Except as explicitly permitted by these Terms, the Biscuitville Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works, or otherwise exploited for any other purposes whatsoever without our prior written consent.  You agree that your use of the Services does not give you any rights whatsoever in the Biscuitville Content, including any license, and that you will not attempt to assert any rights in the Biscuitville Content.  It is possible that certain information provided to you by Biscuitville through non-public portions of the Services may be confidential or trade secret information. You may use or disclose such information only to the extent necessary for the purpose it was disclosed to you.  Upon request, you must return or destroy such information when you have fulfilled such purpose.

  1. RESTRICTIONS ON USE

You may use the Services only for personal, non-commercial purposes.

The following uses are expressly prohibited:

  • You will not manipulate the Services by any means, including but not limited to the use of bots, botnets, automated scripts, or other automated or electronic means. You will not plant viruses or disturb our system through any Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which might overburden, impair, or disrupt the Services or any user’s use, access, or experience.
  • You will not interfere with, tamper with, or damage the Services in any way whatsoever, including but not limited to by trespass, burdening network capacity, repeatedly posting the same or similar content, or uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.
  • You will not circumvent, disable, or otherwise interfere with security-related features of the Services or any features that prevent or restrict use or copying of any content or enforce limitations on use of the Services.
  •  You will not frame the Website or any portion thereof or otherwise cause the Website or its contents to appear to be provided by anyone other than Biscuitville.
  • You will not use, copy, distribute, publish, post or transmit any of the materials or information on the Services for any commercial purposes.
  • You will not attempt to decompile reverse engineer, disassemble, or reduce any software used in the Services in order to copy or create derivative works based (in whole or in part) on the Services.
  • You will not use any automated system, including but not limited to spiders, robots, screen scrapers, or offline readers, to access the Services or extract content from the Services.  
  • You will not attempt to collect or store personal information regarding other users of the Services, or attempt to gain access to any user accounts on the Services other than your own personal account.
  • You will not use the Services to impersonate or attempt to impersonate Biscuitville, any Biscuitville employee, or another user of the Services.
  • You will not use the Services to store, distribute, transmit, or post any illegal, unlawful, harassing, threatening, libelous, obscene, or offensive content.
  1. THIRD-PARTY CONTENT

The Services may contain content, materials, and information from third parties as well as links to websites and platforms operated by third parties. Biscuitville has no control over these third parties, and, as such, does not endorse and is not responsible or liable for any such third-party material, or its accuracy or quality. You assume full responsibility when you choose to access third-party content or follow any links that lead you to third-party websites. You should review the terms of use and privacy policies of these third-party websites.  The inclusion of a link to a third-party website does not imply Biscuitville’s endorsement of that website or any content on that website.

Biscuitville makes no representations or warranties about any third-party websites or the content thereof.  All links to third-party websites or platforms are provided “as-is,” and Biscuitville disclaims to the fullest extent allowable by law any warranties with regard to the completeness, accuracy, or usability of these links or the linked websites.

  1. USER-SUBMITTED CONTENT

The Services may allow you to send comments, remarks, suggestions, photographs, questions, complaints or other information to Biscuitville.  You agree that by submitting any information to Biscuitville via the Website, you are granting Biscuitville a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works based on, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. You also understand and agree that any such submissions will not be treated as confidential and that Biscuitville will not pay or provide other consideration for any submissions, including those which may have monetary value.

  1. DISCLAIMER AND LIMITATION OF LIABILITY

The Services and all of the services, materials, and information offered on or through the Services are provided “as is” without express or implied warranty of any kind (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement) to the fullest extent allowable by law.  Biscuitville does not warrant that the services, materials, and information available on the Services shall be available, uninterrupted, accurate, or free from errors, omissions, interruptions, delays, defects, failures, theft, or unauthorized access, or that the Services will be free from viruses or other harmful content.

In no event will Biscuitville, its affiliates, employees, officers, representatives, service providers, or suppliers be liable or responsible for damages of any kind, whether based in tort, breach of contract, strict liability, or any other legal theory, including without limitation any direct. special, indirect, incidental, consequential, punitive, or exemplary damages, arising out of or relating in any way to your use of the Services, or unauthorized access by others to the Services, or to any personal, financial, or other information stored thereon, regardless of the basis on which liability is claimed and regardless of whether Biscuitville was advised of the possibility of such damages.   

This limitation of liability is subject to applicable law.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Biscuitville and its directors, officers, shareholders, employees, agents, partners, clients, and contractors from and against any loss, liability, claim, demand, damage, cost, and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Services, your violation of these Terms, or your violation of any rights of another user of the Services. Biscuitville reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

  1. TERMINATION

Biscuitville may revoke or limit your access to the Services or any portion thereof at any time, for any reason or for no reason at all, without notice to you.  You may terminate this agreement at any time by simply discontinuing access to and use of the Services.

On termination of these Terms or of your permission to access the Services, all rights granted to you under Terms shall cease; however, these terms will continue to apply to your prior use of the Services and anything relating to or arising from such use.  Upon termination, all rights of Biscuitville, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, disclaimers, and limitations on liability.

  1. GOVERNING LAW

These Terms are governed by the laws of the State of North Carolina. You expressly agree that exclusive jurisdiction for any claim or dispute with Biscuitville concerning these Terms or relating in any way to your use of the Services resides in the federal and state courts located in North Carolina.

  1. NO OBLIGATION TO PARTICIPATE IN DISPUTES

If there is a dispute between users of the Services, or between a user and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Biscuitville and its officers, employees, shareholders, agents, representatives, and successors from any and all claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.

  1. COPYRIGHT INFRINGEMENT NOTIFICATION

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that materials available on the Services infringes upon your copyright, then you (or your agent) should send Biscuitville a notice with the information detailed below requesting that Biscuitville remove the material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send Biscuitville a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

 If you believe in good faith that your work has been improperly reproduced on the Services, then please provide Biscuitville with the following information in your notice: (1) your name, address, telephone number, email address; (2) an electronic or physical signature of the copyright owner of the exclusive right or of the person authorized to act on behalf of the owner; (3) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (4) a description of where the alleged infringing material is located within the Services; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

DMCA notifications should be sent via e-mail to the following address:

  1. MISCELLANEOUS

The failure by Biscuitville to enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Biscuitville without restriction. If any provision of these Terms, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms nevertheless remain in full force and effect.

You agree that neither you nor Biscuitville will participate in a class action lawsuit or class action arbitration or claims brought in a private attorney general or representative capacity, if Biscuitville is a party to such a proceeding.

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JOHN BRITTAIN​

Vice President, Information Technology​

John Brittain was promoted to Vice President of Information Technology in 2024 after serving as Senior IT Director of Vendor Management since 2021. He helps shape the company’s IT strategy and technology initiatives in support of growth and innovation. Brittain previously held roles with the Greensboro Housing Authority and AT&T. He earned a bachelor’s degree in business administration from the University of North Carolina at Greensboro.

KATHIE NIVEN​

President, Chief Executive Officer​

Kathie Niven joined Biscuitville in 2011 and led the brand’s transformation to its FRESH SOUTHERN® identity. She became President in 2018 and CEO in 2021, guiding the company’s growth to more than 85 restaurants across the Carolinas and Virginia while strengthening its people-first culture. Under her leadership, Biscuitville has earned national recognition, including being named USA Today Readers’ Choice Best Fast Food Breakfast in 2023, 2024 and 2025. Niven previously held executive roles with Quiznos, Arby’s, Burger King and Krispy Kreme. A graduate of Elon University, she also completed advanced leadership training through the Center for Creative Leadership, UNC Kenan-Flagler and Harvard University.

KEVIN BENNETT​

Chief Financial Officer

Kevin Bennett joined Biscuitville in 2016 as Chief Financial Officer and oversees the company’s financial strategy and planning in support of long-term growth. He leads teams responsible for accounting, finance, development, facilities, supply chain, risk and compensation-support services, providing insights that guide business performance. Prior to Biscuitville, Bennett held leadership roles with Circle K Stores, The Pantry/Kangaroo Express and Deloitte. He earned a B.S. in Accountancy from Villanova University and an MBA from Duke University’s Fuqua School of Business.

BELINDA KYLE

Chief People Officer

Belinda Kyle joined Biscuitville in 2022 as Chief People Officer, bringing more than 30 years of hospitality operations and human resources experience. Her career includes leadership roles with Treasure Island Resort & Casino, Romano’s Macaroni Grill and Dinosaur Bar-B-Que. Kyle holds a degree in human resource management from the University of Phoenix and is a SHRM Senior Certified Professional.

BLAKE JENNINGS​

Chief Development Officer

Blake Jennings became Biscuitville’s Chief Development Officer in 2023 and oversees real estate development, construction, facilities and IT. Since joining the company in 2018, he has played a key role in building the development pipeline supporting Biscuitville’s accelerated growth. Jennings previously worked in mixed-use and multifamily development with Kane Realty Corporation and held finance and asset management roles at First Potomac Realty Trust. He earned a finance degree from Wake Forest University’s School of Business.

JIM MCCURLEY

Chief Restaurant Excellence Officer

Jim McCurley was named Chief Restaurant Excellence Officer in 2023 after joining Biscuitville in 2019 as Vice President of Culinary Operations. In his current role, McCurley leads enterprise-wide functions across Operations, Culinary, Strategic Planning and Concept Development to deliver measurable impacts on sales, profitability and guest experience. McCurley holds a B.S. in restaurant/food services management and an MBA from Johnson & Wales University and is Lean Six Sigma Blackbelt and Scrum Master certified.

KRISTIE MITCHELL

Chief Marketing Officer

Kristie Mitchell became Chief Marketing Officer in 2023 after leading Brand and Marketing since 2018. She oversees Biscuitville’s brand strategy, marketing, creative direction, customer experience initiatives, and traffic growth efforts. Since joining the leadership team, she has helped guide the company’s comprehensive rebrand, launched signature initiatives including “Life After 2®” and “The Flavor of Local®,” and played a key role in establishing the company’s Accessibility Committee and Project Management Office. Her leadership has helped strengthen Biscuitville’s brand presence and community impact across the Southeast. Mitchell was recognized as a 2024 Triad Business Journal Outstanding Woman in Business and named to Lunchbox’s 2026 Top 30 Women in Food list.

LARRY WILLIAMS​

Chief Supply Chain Officer​

Larry Williams joined Biscuitville in 1989 and today serves as Chief Supply Chain Officer, overseeing distribution center operations, procurement, transportation and warehouse technology. His leadership has helped build a reliable internal distribution system that supports the company’s multistate growth.

KIM AVERY

Vice President of Operations​

Kim Avery was promoted to Vice President of Operations in 2024 and oversees all Biscuitville restaurants across North Carolina, South Carolina and Virginia. Since joining the company in 2020, she has advanced through roles including Area Director, Region Director and Region Vice President. In her spare time, she is an award-winning mixed-media artist who supports charitable causes through donated artwork.

BURNEY JENNINGS

Executive Chair

In 1996, Burney took over the reins of the family business from his father, Maurice, as President and CEO. Today he continues to serve as Executive Chair of Biscuitville Fresh Southern®, a company that’s grown under his leadership into an $80 million business with over 70 locations (and counting). A graduate of Elon University, Burney serves on its Board of Trustees and has received its “Young Alumnus of the Year” award, as well as its “Legends of Business” award. He’s also active with the Greensboro Rotary, Greensboro Sports Council, and Greensboro Partnership. Triad Business Journal named Burney one of its “2016 Most Admired CEOs in the Triad.” He and his wife Dina, also an Elon grad, have four children: Blake, Bailey, Mary Frances, and John. In his free time, Burney likes spending time with his family in the mountains of North Carolina and also enjoys running, hiking, and golf.

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