Terms of Service

Please read these Terms of Service carefully before using the website located at hangry-joes.click or any services offered by Hangry Joe's. By accessing or using our website and services, you agree to be legally bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

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.click (the "Website") and all related food services, online ordering platforms, delivery services, and any other products or services we offer (collectively, the "Services").

By accessing our Website, placing an order, creating an account, subscribing to our newsletter, or otherwise engaging with our Services in any manner, 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 between the ages of 13 and 17, you have obtained verifiable parental or guardian consent;
• You have the legal authority and capacity to enter into this Agreement;
• Your use of the Services complies with all applicable federal, state, and local laws and regulations.

If you are using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the term "you" shall refer to both you individually and that entity.

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. Continued use of our Website or Services following the posting of revised Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for any updates.

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:

2.1 Food Products and Menu Offerings

We offer a variety of food and beverage products available for purchase through our Website, in-person at our location(s), and/or through authorized third-party delivery platforms. Menu items, pricing, availability, and descriptions are subject to change without prior notice. We reserve the right to discontinue any food item or service at any time.

2.2 Online Ordering

Our Website may provide an online ordering system that allows customers to browse our menu, customize orders, and complete purchases for pickup or delivery. By placing an online order, you agree to provide accurate, current, and complete information, including delivery address, contact information, and payment details.

2.3 Delivery Services

Where available, Hangry Joe's may offer delivery services directly or through third-party delivery partners. Delivery availability, fees, minimum order requirements, and estimated delivery times are subject to change based on your location, demand, time of day, and other factors. We do not guarantee specific delivery windows and are not liable for delays caused by factors beyond our reasonable control, including but not limited to weather conditions, traffic, or third-party carrier issues.

2.4 Catering and Special Orders

We may offer catering packages and special bulk order options for events, corporate functions, or group orders. Catering orders are subject to separate pricing, lead times, and terms that will be communicated at the time of inquiry. Special order terms may supersede general ordering terms where applicable.

2.5 Promotions and Loyalty Programs

From time to time, Hangry Joe's may offer promotional discounts, loyalty rewards, coupon codes, or special deals. All promotions are subject to specific terms and conditions and may be modified or discontinued at any time without notice. Promotions may not be combined unless expressly stated.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Services, you agree to:

• Provide accurate, truthful, and complete information when creating an account, placing an order, or otherwise interacting with us;
• Maintain the confidentiality of your account login credentials and notify us immediately of any unauthorized use of your account;
• Use our Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations;
• Treat our employees, delivery personnel, and other customers with respect and dignity;
• Promptly update any account information to keep it accurate and current.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities in connection with our Website or Services:

• Fraudulent Activity: Using stolen credit cards, false identities, or any fraudulent means to place orders or obtain Services;
• Unauthorized Access: Attempting to access, probe, or test the vulnerability of our systems, networks, or databases without authorization;
• Interference: Uploading or transmitting any viruses, malware, spyware, or other malicious code that may interfere with the operation of our Website or Services;
• Scraping and Data Mining: Using automated tools, bots, scrapers, or crawlers to extract data from our Website without our express written consent;
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works from our content, trademarks, or proprietary materials without authorization;
• Harassment: Engaging in abusive, threatening, defamatory, or harassing behavior toward our staff, contractors, or other customers;
• Misrepresentation: Impersonating any person or entity, or falsely claiming an affiliation with any person or organization;
• Spam: Sending unsolicited commercial communications to us or other users through our platform;
• Manipulation of Pricing: Exploiting errors in pricing displayed on our Website to fraudulently obtain food products at unintended prices;
• Resale: Purchasing our food products for the purpose of unauthorized commercial resale without our prior written approval;
• Illegal Activity: Using our Services for any unlawful purpose or in violation of any applicable local, state, or federal law or regulation.

Violation of any of these prohibitions may result in immediate suspension or termination of your account, cancellation of pending orders without refund, and/or referral to appropriate law enforcement authorities. We reserve all legal rights and remedies available to us under applicable law.

4. Intellectual Property Rights

4.1 Ownership

All content, materials, and information available on the Website, including but not limited to text, graphics, logos, photographs, audio clips, digital downloads, data compilations, menu designs, brand identifiers, trade dress, software, and the overall look and feel of the Website (collectively, "Content"), are the exclusive property of Hangry Joe's or its licensors and are protected under applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable state and federal statutes.

4.2 Limited License

Subject to your compliance with these Terms, Hangry Joe's grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and its Content solely for your personal, non-commercial use in connection with our Services. This license does not permit you to:

• Reproduce, duplicate, copy, sell, or exploit any portion of our Content or Services;
• Modify or create derivative works based on our Content;
• Use our trademarks, trade names, logos, or brand elements without our prior written consent;
• Remove or alter any copyright, trademark, or other proprietary notices from our Content.

4.3 User-Submitted Content

If you submit any reviews, comments, photographs, feedback, or other content to us through our Website, social media channels, or otherwise ("User Content"), you grant Hangry Joe's a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media throughout the world. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe any third-party rights.

5. Payment Terms

5.1 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales taxes, delivery fees, or service charges, which will be clearly disclosed at checkout prior to completing your purchase.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on our Website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the payment method provided and that the information you submit is true and accurate.

5.3 Order Confirmation

An order confirmation does not constitute our final acceptance of your order. We reserve the right to cancel or refuse any order at our sole discretion, including in cases of suspected fraud, errors in pricing or product description, or unavailability of items. In such cases, we will notify you and issue a full refund if payment has already been processed.

5.4 Refund and Cancellation Policy

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. Refund requests will be evaluated on a case-by-case basis. If you receive an incorrect order, food that does not meet reasonable quality standards, or experience a service failure, please contact us at [email protected] within 24 hours of the incident so that we may investigate and offer an appropriate remedy, which may include a replacement, store credit, or refund at our discretion.

5.5 Sales Tax

Applicable sales taxes will be calculated and added to your order total based on the applicable tax rates for the delivery or pickup location, in accordance with applicable state and local tax laws.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HANGRY JOE'S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your access to or use of (or inability to access or use) our Website or Services;
• Any conduct or content of any third party on or relating to our Services;
• Any food products or services obtained through our Website;
• Unauthorized access to or alteration of your transmissions or data;
• Any other matter related to our Services.

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF HANGRY JOE'S TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO HANGRY JOE'S IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

The limitations and exclusions set forth in this Section apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

7. Disclaimers

7.1 As-Is Basis

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HANGRY JOE'S EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 No Warranty of Uninterrupted Service

We do not warrant that our Website will be available at all times, error-free, secure, or free from viruses or other harmful components. We do not warrant that defects will be corrected or that our Website or the servers that make it available are free from viruses or other harmful components.

7.3 Food Allergen Disclaimer

Our food products may contain or come into contact with common allergens, including but not limited to peanuts, tree nuts, milk, eggs, wheat, soy, fish, and shellfish. While we strive to provide accurate allergen information, we cannot guarantee that cross-contamination will not occur. If you have food allergies or dietary restrictions, please contact us directly before placing an order. Hangry Joe's shall not be liable for any allergic reactions or adverse health events resulting from consumption of our products.

7.4 Nutritional Information

Any nutritional information provided on our Website is offered as a general guide only. Actual nutritional values may vary based on preparation methods, ingredient substitutions, and portion sizes. We are not responsible for any health consequences resulting from reliance on nutritional information provided.

7.5 Third-Party Links

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Hangry Joe's. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party sites you visit.

8. Indemnification

You agree to defend, indemnify, and hold harmless Hangry Joe's, its affiliates, officers, directors, employees, agents, licensors, contractors, and service providers 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 Website or Services;
• Any User Content you submit or transmit through our platform;
• Your infringement of any intellectual property or other rights of any third party;
• Your negligent or wrongful conduct, including any act or omission that causes harm to any person or property;
• Any dispute between you and another user or third party.

We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate fully with our defense of such claims. You agree not to settle any matter subject to indemnification without the prior written consent of Hangry Joe's.

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Hangry Joe's is registered and operating, without regard to its conflict of law provisions. Any claims arising under or related to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located within the applicable United States jurisdiction.

For consumer protection matters, Hangry Joe's complies with the standards established by the Federal Trade Commission Act (15 U.S.C. § 45) and other applicable federal consumer protection statutes. To the extent Hangry Joe's collects personal information from California residents, we additionally comply with the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), California Civil Code § 1798.100 et seq.

You agree that any cause of action or claim arising out of or related to your use of our Services must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred, notwithstanding any statute of limitations to the contrary.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services (each, a "Dispute") informally by contacting Hangry Joe's at [email protected]. We will attempt to resolve the Dispute informally by contacting you via email. If a Dispute is not resolved within thirty (30) days of submission, either party may proceed to formal dispute resolution as set forth below.

10.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, ANY AND ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE AT www.adr.org. THE ARBITRATION SHALL BE CONDUCTED IN THE UNITED STATES AND SHALL BE CONDUCTED IN ENGLISH.

You understand and agree that by agreeing to arbitration, you are waiving your right to a trial by jury and your right to participate in a class action lawsuit or class-wide arbitration. The arbitrator shall have the authority to award any remedy that would be available in a court of competent jurisdiction, but shall have no authority to award punitive damages beyond those expressly authorized by applicable statute.

10.3 Class Action Waiver

YOU AND HANGRY JOE'S EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND HANGRY JOE'S EACH WAIVE ANY RIGHT TO A JURY TRIAL AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

10.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information. Additionally, either party may bring an individual action in a small claims court for disputes within that court's jurisdictional limits.

11. Term and Termination

11.1 Term

These Terms are effective from the first date you access or use our Website or Services and shall remain in full force and effect for as long as you continue to access or use our Services, unless earlier terminated in accordance with this Section.

11.2 Termination by You

You may terminate your use of our Services at any time by ceasing to access our Website and, if applicable, by closing or deactivating your account by contacting us at [email protected]. Termination of your account will not relieve you of any obligations or liabilities incurred prior to the date of termination, including any outstanding payment obligations.

11.3 Termination by Hangry Joe's

We reserve the right, in our sole discretion and without prior notice, to suspend or permanently terminate your access to our Website and Services, in whole or in part, for any reason, including but not limited to:

• Violation of these Terms or any applicable laws or regulations;
• Fraudulent, abusive, or unlawful conduct;
• Failure to pay any amounts owed to us;
• Upon request by law enforcement or other government authorities;
• For any business reason in our sole discretion.

11.4 Effect of Termination

Upon termination of these Terms or your access to our Services: (a) all licenses and rights granted to you under these Terms shall immediately cease; (b) you must immediately stop using our Website and Services; and (c) any provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 4 (Intellectual Property), 6 (Limitation of Liability), 7 (Disclaimers), 8 (Indemnification), 9 (Governing Law), 10 (Dispute Resolution), and this Section 11.4.

12. Changes to Terms

Hangry Joe's reserves the right to modify, update, or replace these Terms at any time and at our sole discretion. When we make material changes to these Terms, we will provide notice by one or more of the following methods:

• Updating the "Last Updated" date at the top of this page;
• Posting a notice on our Website;
• Sending an email notification to the address associated with your account (if applicable).

Your continued access to or use of our Website or Services after the effective date of any revised Terms constitutes your acceptance of and agreement to be bound by the updated Terms. If you do not agree to the revised Terms, you must immediately discontinue use of our Website and Services. We encourage you to review these Terms periodically to stay informed of any updates.

13. General Provisions

13.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction or an arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any particular provision shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.

13.2 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements expressly incorporated herein by reference, constitute the entire agreement between you and Hangry Joe's with respect to your use of our Website and Services, and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the same subject matter.

13.3 Waiver

No failure or delay by Hangry Joe's in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Hangry Joe's.

13.4 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of Hangry Joe's. Hangry Joe's may freely assign these Terms and any rights or obligations hereunder, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment by you in violation of this Section shall be null and void.

13.5 Force Majeure

Hangry Joe's shall not be liable for any failure or delay in the performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, war, terrorism, labor disputes, government actions, power outages, internet or telecommunications failures, or supply chain disruptions. In such circumstances, we will use commercially reasonable efforts to resume normal operations as quickly as possible.

13.6 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Hangry Joe's and do not create any rights, benefits, or remedies in any third party, except as expressly stated herein or as required by applicable law.

13.7 Headings

The section headings in these Terms are provided for convenience only and shall have no legal or contractual significance. They shall not be used to interpret or construe the meaning of any provision of these Terms.

13.8 Language

These Terms were originally drafted in English, and the English version shall control in the event of any conflict or inconsistency with any translation.

14. Electronic Communications and Consent

By using our Website and Services, you consent to receive electronic communications from Hangry Joe's. These communications may include order confirmations, promotional emails, operational notices, and other information relating to your use of our Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

To opt out of promotional email communications, you may use the unsubscribe mechanism provided in any such email or contact us at [email protected]. Please note that even if you opt out of promotional communications, we may still send you transactional or operational messages related to your orders and account.

15. Compliance with Applicable Laws

Hangry Joe's operates in compliance with all applicable federal, state, and local laws and regulations governing food safety, health and sanitation, consumer protection, and electronic commerce, including but not limited to:

16. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you wish to report a violation, please contact us using the information below. We are committed to addressing your inquiries in a timely and professional manner.

When contacting us regarding a legal matter or these Terms, please include your full name, contact information, a description of your inquiry, and any relevant order numbers or account information to help us assist you efficiently.