Terms of Service

Please read these Terms of Service carefully before using the website located at hangry-joes.rest or any services offered by Hangry Joe's. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Hangry Joe's ("Company," "we," "us," or "our"), governing your access to and use of the website hangry-joes.rest (the "Site"), as well as any related services, features, content, applications, or products offered by Hangry Joe's (collectively, the "Services").

By accessing the Site, placing a food order, creating an account, subscribing to any newsletter or promotional material, or otherwise interacting with any feature of our Services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or if you are under 18, you have obtained verifiable parental or legal guardian consent to use our Services;
• You have the legal capacity and authority to enter into this Agreement;
• Your use of the Services complies with all applicable federal, state, and local laws and regulations of the United States.

If you are using our 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, and in that case, "you" and "your" will also refer to that entity.

2. Description of Services

Hangry Joe's is a food service business operating in the United States. Our Services include, but are not limited to, the following:

• Online Food Ordering: Customers may browse our menu, customize food and beverage selections, and place orders for pickup or delivery directly through our Site or affiliated third-party platforms.
• Menu Information: We provide detailed descriptions, allergen information (to the best of our ability), nutritional content, pricing, and availability of food and beverage items.
• Promotions and Loyalty Programs: We may, from time to time, offer discounts, promotional codes, loyalty rewards, or special offers to eligible customers, subject to their own specific terms and conditions.
• Customer Account Services: Users may register for a personal account to manage orders, track delivery status, store payment preferences, and access order history.
• Customer Support: We offer support via email and other channels to assist with questions, complaints, order issues, and general inquiries.
• Third-Party Delivery Integration: We may integrate with third-party delivery service providers. In such cases, those third parties operate under their own terms and conditions, privacy policies, and service standards, for which we are not responsible.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice, subject to applicable law. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

3. User Accounts and Registration

To access certain features of our Services, such as saving order history or participating in loyalty programs, you may be required to create a user account. By creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate and complete;
• Keep your account password confidential and not share it with any third party;
• Notify us immediately at [email protected] upon becoming aware of any unauthorized use of your account or any other security breach;
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you.

We reserve the right to suspend or terminate your account at our sole discretion if we believe that you have violated these Terms, engaged in fraudulent behavior, or posed a security risk to our Services or other users.

4. User Obligations and Prohibited Activities

By using our Services, you agree to use them only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit their enjoyment of the Services. You agree to comply with all applicable federal, state, and local laws, rules, and regulations of the United States, including without limitation the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and all applicable food safety and consumer protection regulations.

4.1 Prohibited Activities

You are strictly prohibited from engaging in any of the following activities:

• Using the Site or Services for any unlawful, fraudulent, harmful, or deceptive purpose;
• Submitting false, inaccurate, or misleading information when placing orders, creating accounts, or communicating with us;
• Impersonating any person or entity, or falsely claiming affiliation with any person or entity;
• Attempting to gain unauthorized access to any portion of the Site, other user accounts, or our computer systems or networks;
• Uploading, transmitting, or distributing any virus, malware, spyware, ransomware, or other harmful or disruptive code;
• Scraping, crawling, or otherwise systematically extracting data from our Site without express written permission;
• Using automated tools, bots, or scripts to interact with our Site in a manner that overloads, damages, or impairs our infrastructure;
• Engaging in any conduct that could damage our reputation or the goodwill associated with the Hangry Joe's brand;
• Reselling or commercially exploiting any portion of our Services without prior written consent;
• Circumventing any security measures or access restrictions we have implemented;
• Harassing, threatening, or intimidating our employees, agents, or other users;
• Posting or transmitting any content that is defamatory, obscene, offensive, or otherwise objectionable;
• Placing fraudulent, prank, or bad-faith orders that you do not intend to fulfill or pay for;
• Manipulating promotions, coupons, or loyalty rewards in a manner inconsistent with their intended use.

We reserve the right to investigate any suspected violation of these provisions and to take appropriate action, including but not limited to suspension of your account, cancellation of your orders, reporting to law enforcement, and pursuing legal remedies available under applicable law.

5. Orders, Pricing, and Payment Terms

5.1 Order Placement and Acceptance

When you place an order through our Site or affiliated platform, you are making an offer to purchase food and/or beverages from Hangry Joe's. We reserve the right to accept or reject any order at our discretion. An order is not confirmed until you receive an order confirmation via email or on-screen notification. We are not responsible for errors in your order if the information you provided was inaccurate at the time of submission.

5.2 Pricing

All prices displayed on our Site are listed in United States Dollars (USD) and are subject to applicable sales tax, service fees, and delivery fees where applicable. We reserve the right to change our prices at any time without prior notice. Price changes will not affect orders that have already been confirmed. In the event of a pricing error, we reserve the right to cancel the affected order and notify you accordingly.

5.3 Payment

We accept various forms of payment, including major credit and debit cards, and any other payment methods indicated on the Site at the time of your order. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information is accurate and complete;
• You authorize us to charge the applicable amount to your payment method.

We use third-party payment processors and do not store your full credit card information on our servers. Payment processing is subject to the terms and privacy policies of the applicable payment processor.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. However, if your order arrives incorrect, damaged, or fails to meet quality standards, please contact us at [email protected] within a reasonable time of receiving your order. We will review your complaint and, at our sole discretion, may offer a replacement, store credit, or partial or full refund depending on the circumstances. Cancellations may be accepted only if the order has not yet entered the preparation stage.

5.5 Taxes

You are responsible for all applicable taxes associated with your purchases. We will collect and remit sales taxes where required by applicable United States federal or state law.

6. Intellectual Property Rights

All content available on or through the Site, including but not limited to text, graphics, logos, icons, photographs, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Site (collectively, "Content"), is the exclusive property of Hangry Joe's or its licensors and is protected by United States copyright law, trademark law, trade dress law, and other applicable intellectual property laws and international conventions.

The Hangry Joe's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Hangry Joe's. You may not use such marks without our prior written permission. All other names, logos, and marks are the property of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Services solely for your personal, non-commercial use for the purpose of placing food orders and engaging with our Services. This license does not include:

• The right to resell or commercially use our Site or its Content;
• Any collection or use of product listings, descriptions, or prices for commercial purposes;
• Any derivative use of our Site or Content;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of our intellectual property terminates the license granted by these Terms and may constitute infringement of copyright, trademark, or other intellectual property rights, which may subject you to civil and criminal penalties under United States law.

7. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or platforms, including but not limited to delivery partners, social media platforms, and payment processors. These links are provided solely for your convenience. We have no control over the content, privacy practices, or policies of any third-party websites and do not endorse, warrant, or assume any responsibility for such websites or their content, products, or services. Your use of third-party websites is at your own risk and subject to their respective terms and conditions.

8. Food Allergen and Dietary Information

We make reasonable efforts to provide accurate information about the ingredients and allergens present in our food and beverage items. However, our kitchen handles common allergens including but not limited to gluten, nuts, dairy, eggs, soy, shellfish, and others. We cannot guarantee that any item is completely free from allergens due to the possibility of cross-contamination during preparation.

If you have a food allergy, intolerance, or dietary restriction, it is your responsibility to review the available allergen information carefully and to contact us directly at [email protected] before placing an order. We are not liable for any adverse reactions resulting from undisclosed allergens or cross-contamination where such conditions were made known to us or were reasonably disclosed in our product information.

9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES AND ALL CONTENT, PRODUCTS, AND INFORMATION AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. HANGRY JOE'S EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENTNESS OF ANY CONTENT AVAILABLE ON THE SITE;
• WARRANTIES THAT DEFECTS IN THE SITE WILL BE CORRECTED;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.

No advice or information, whether oral or written, obtained by you from Hangry Joe's or through the Services shall create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of implied warranties; in such cases, the above exclusions may not fully apply to you, and you may have additional rights under applicable state law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, IN NO EVENT SHALL HANGRY JOE'S, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
• DAMAGES ARISING FROM PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF OUR SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW;
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES RESULTING FROM THE CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES;
• ANY OTHER MATTER RELATING TO THE SERVICES.

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

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HANGRY JOE'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you in their entirety.

11. Indemnification

You agree to defend, indemnify, and hold harmless Hangry Joe's and its respective officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation;
• Your use or misuse of our Site or Services;
• Any content or information you submit, post, or transmit through our Services;
• Your violation of any rights of a third party, including intellectual property, privacy, or consumer protection rights;
• Any fraudulent, false, or misleading representations made by you;
• Any dispute between you and a third party arising in connection with your use of our Services.

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 case you agree to cooperate fully with our defense of such claim. You agree not to settle any such matter without our prior written consent.

12. Governing Law and Jurisdiction

These Terms and any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof, or your use of the Services, shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Hangry Joe's operates, without regard to its conflict of law principles.

To the extent permitted by law, you agree that any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the appropriate federal or state courts having competent jurisdiction, and you hereby consent to personal jurisdiction and venue in such courts. You waive any objection to the laying of venue in such courts and any claim that such courts are an inconvenient forum.

Nothing in this section shall prevent Hangry Joe's from seeking injunctive or other equitable relief in any court of competent jurisdiction where necessary to protect its intellectual property or other proprietary rights.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services informally by contacting us at [email protected]. We will make reasonable efforts to resolve any such dispute within thirty (30) calendar days of receiving written notice of the dispute.

13.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding arbitration administered by a recognized arbitration body in the United States, in accordance with its applicable rules and procedures. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The arbitrator's decision shall be final and binding.

13.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction in order to prevent irreparable harm pending the outcome of arbitration. Claims for statutory remedies that cannot be waived under applicable law are excluded from the arbitration obligation.

14. Consumer Protection Rights

Nothing in these Terms is intended to limit any rights you may have under the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) or any other applicable federal or state consumer protection laws. If you are a resident of California, you may also have additional rights under the California Consumer Privacy Act (CCPA) and California Consumer Privacy Rights Act (CPRA). We respect and will comply with all applicable consumer protection obligations.

15. Term and Termination

15.1 Term

These Terms are effective as of the date you first access or use our Services and remain in full force and effect for as long as you continue to use the Services, unless and until terminated in accordance with this section.

15.2 Termination by You

You may terminate your relationship with Hangry Joe's at any time by discontinuing use of the Site and Services and, if applicable, deleting your account. You may request account deletion by contacting us at [email protected].

15.3 Termination by Us

We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to:

• Breach or suspected breach of these Terms;
• Fraudulent or unlawful conduct;
• Conduct harmful to our business interests or other users;
• Failure to pay for services rendered;
• Our decision to discontinue or substantially modify the Services.

15.4 Effect of Termination

Upon termination, your right to access and use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 6 (Intellectual Property), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law), 13 (Dispute Resolution), 15.4 (Effect of Termination), and 17 (Severability).

16. Changes to These Terms

We reserve the right to modify, update, or revise these Terms at any time at our sole discretion. When we make material changes, we will notify you by:

• Updating the "Last Updated" date at the top of this page;
• Sending an email notification to the address associated with your account (where applicable); and/or
• Displaying a prominent notice on our Site.

Your continued use of the Site or Services after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately stop using our Services. We encourage you to review these Terms periodically to stay informed of any updates.

17. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or contrary to applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect. The parties agree that the court or arbitrator shall endeavor to give effect to the parties' intentions as reflected in the invalid or unenforceable provision.

18. Waiver

No failure or delay by Hangry Joe's in exercising any right, power, or privilege under these Terms shall operate as a waiver of such right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies of Hangry Joe's under these Terms are cumulative and are not exclusive of any rights or remedies provided by law.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and Hangry Joe's with respect to your use of the Services, and supersede all prior and contemporaneous communications, negotiations, understandings, and agreements, whether written or oral, between you and Hangry Joe's relating to such subject matter. In the event of any conflict between these Terms and any other agreement you may have with Hangry Joe's, these Terms shall govern unless the other agreement specifically states otherwise and is duly executed by an authorized representative of Hangry Joe's.

20. Force Majeure

Hangry Joe's shall not be liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, war, terrorism, civil unrest, governmental action, labor disputes, power outages, internet service disruptions, or supply chain failures. In such circumstances, we will make commercially reasonable efforts to resume normal operations as quickly as practicable.

21. Electronic Communications

By using our Services or communicating with us electronically, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You consent to receive communications from us in electronic form, including via email and on-site notifications. You may withdraw this consent at any time by contacting us, but doing so may affect your ability to use certain features of our Services.

22. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service or our Services, please do not hesitate to contact us using the information below. We are committed to addressing your inquiries promptly and professionally.