Terms of Service

Please read these Terms of Service carefully before using the website located at hangry-joes.top or any services offered by Hangry Joe's. By accessing or using our website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. 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.top and all related services, features, content, and functionality offered through it (collectively, the "Services").

By visiting our website, creating an account, placing a food order, subscribing to any service, or otherwise interacting with our platform in any capacity, you expressly agree to these Terms. Your continued use of the website following the posting of any modifications to these Terms constitutes your acceptance of those changes.

These Terms apply to all visitors, users, customers, and others who access or use the Services. If you are using the Services on behalf of an organization, business, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in that case, "you" and "your" shall refer to such entity.

You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old. If you are between the ages of 13 and 17, you may only use the Services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. We do not knowingly collect information from children under the age of 13.

2. Description of Services

Hangry Joe's is a food service business operating in the United States. Through our website at hangry-joes.top and associated platforms, we offer the following services:

• Online Food Ordering: Customers may browse our menu, customize food items, and place orders for pickup or delivery through our website or affiliated ordering platforms.
• Delivery Services: Where available and subject to delivery area limitations, we arrange for delivery of food orders to customer-specified addresses within our service zone.
• Catering and Special Orders: We offer catering arrangements for events, parties, corporate gatherings, and other special occasions, subject to advance notice and availability.
• Loyalty Programs and Promotions: From time to time, we may offer rewards programs, discount codes, promotional offers, and other incentive programs subject to their own specific terms and conditions.
• Customer Account Management: Users may register for an account to save preferences, track order history, manage payment methods, and receive personalized communications.
• Informational Content: We provide nutritional information, allergen disclosures, ingredient listings, and other food-related content through our website.

The availability of specific menu items, delivery areas, pricing, and promotional offers may change at any time without prior notice. We reserve the right to modify, suspend, or discontinue any aspect of our Services at our sole discretion.

All food items are subject to availability. In the event that an ordered item is unavailable, we will notify you as promptly as possible and offer a suitable alternative or a full refund for the affected item.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of our Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order, including your name, delivery address, contact information, and payment details.
• Maintain the confidentiality and security of your account credentials and immediately notify us of any unauthorized use of your account or any other breach of security.
• Accept full responsibility for all activities that occur under your account.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our Services.
• Ensure that someone of appropriate age is present at the delivery address to receive the order at the scheduled delivery time.
• Provide accurate dietary restriction and allergy information where applicable, understanding that we cannot guarantee a completely allergen-free environment.
• Use the Services only for lawful, personal, non-commercial purposes unless expressly authorized by us in writing.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities:

• Using our Services for any fraudulent, deceptive, or unlawful purpose, including submitting false orders or using stolen payment credentials.
• Attempting to gain unauthorized access to our systems, servers, databases, or any other area of our website or infrastructure.
• Transmitting any viruses, malware, spyware, ransomware, or other harmful code or programs through our website.
• Harvesting, scraping, or collecting any information from our website using automated means without our prior written consent.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity.
• Using our website in a manner that could damage, disable, overburden, or impair our servers or networks.
• Circumventing, disabling, or otherwise interfering with any security-related features of our website.
• Posting or transmitting any content that is defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable.
• Engaging in any conduct that restricts or inhibits any other user's ability to use or enjoy the Services.
• Using our Services to send unsolicited commercial communications (spam) to third parties.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of our Services without express written permission from us.
• Placing fraudulent, fictitious, or repetitive orders for the purpose of disrupting our operations or harming our business.
• Abusing any promotion, coupon code, or loyalty program in violation of the specific terms applicable to such programs.

Violation of any of these prohibitions may result in immediate termination of your account and access to our Services, and may subject you to civil and/or criminal liability.

4. Intellectual Property Rights

All content appearing on hangry-joes.top, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the overall design and layout of the website (collectively, "Content"), is the exclusive property of Hangry Joe's or its content suppliers and is protected under United States copyright, trademark, trade dress, patent, and other intellectual property laws.

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

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and its Content solely for the purpose of placing food orders and using our Services for personal, non-commercial purposes. This license does not include any right to:

• Reproduce, distribute, publicly display, or publicly perform any Content;
• Modify or create derivative works from any Content;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Download or copy account information for the benefit of a third party;
• Use our Content for any commercial purpose or for any public display without our written consent.

If you believe that any content on our website infringes upon your intellectual property rights, please contact us immediately at [email protected] with the details of your claim, and we will investigate the matter in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA).

5. Payment Terms

5.1 Pricing

All prices displayed on our website are in United States Dollars (USD) and are subject to change without notice. Prices listed do not include applicable sales taxes, delivery fees, service charges, or gratuity unless otherwise expressly stated. The total amount due, including all applicable fees and taxes, will be clearly disclosed to you at checkout prior to the completion of your order.

5.2 Payment Methods

We accept various payment methods as indicated on our website at the time of checkout, which may include major credit cards, debit cards, and third-party digital payment platforms. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total order amount.

5.3 Authorization and Charges

By placing an order, you authorize Hangry Joe's to charge the full amount of your order to the payment method you provide. In the event of a failed payment, we reserve the right to cancel your order. You are responsible for ensuring that your payment information is accurate and up to date.

5.4 Refunds and Cancellations

Orders may be cancelled within a limited window following placement, as specified in our current Refund and Cancellation Policy. Once an order has entered preparation, it may not be eligible for cancellation or refund except in cases where the food is unsatisfactory, incorrect, or not delivered as ordered. Refunds, where applicable, will be processed to the original payment method within a commercially reasonable timeframe. We reserve the right to issue store credit in lieu of a cash refund at our discretion.

5.5 Taxes

You are responsible for all applicable federal, state, and local taxes, including sales taxes, use taxes, and any other taxes or duties imposed in connection with your use of our Services. We will collect and remit applicable sales taxes in jurisdictions where we are required by law to do so.

6. Food Safety, Allergens, and Health Disclaimers

Hangry Joe's takes food safety seriously and complies with all applicable federal and state food safety regulations, including those set forth by the U.S. Food and Drug Administration (FDA) and relevant state health departments. However, please be aware of the following important health and safety notices:

• Our kitchen handles common allergens including, but not limited to, gluten, dairy, eggs, nuts, peanuts, soy, fish, and shellfish. We cannot guarantee that any menu item is completely free from allergens or cross-contamination.
• Nutritional and calorie information provided on our website is estimated and may vary based on preparation methods, ingredient sourcing, and portion variations.
• Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order to discuss their specific needs.
• Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HANGRY JOE'S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, our Services;
• Any conduct or content of any third party on our Services;
• Any content obtained from our Services;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any food order, whether placed through our website or otherwise;
• Any errors or omissions in any content on our website;
• Any delays in delivery or non-delivery of food orders due to circumstances outside our reasonable control.

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

Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so some of the above limitations may not apply to you. In such cases, our liability shall be limited to the maximum extent permitted by applicable law.

8. Disclaimers

OUR SERVICES 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, 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 SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, QUALITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES;
• WARRANTIES THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.

We do not warrant or make any representations regarding the use or the results of the use of any materials on our website in terms of their correctness, accuracy, reliability, or otherwise. Any material downloaded or otherwise obtained through the use of our Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.

We do not endorse, warrant, or assume responsibility for any product or service advertised or offered by a third party through our website or any linked website, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

9. Indemnification

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

• Your violation of these Terms of Service;
• Your use of our Services, including any data or content transmitted or received by you;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or rights under consumer protection laws;
• Your violation of any applicable law, rule, or regulation, including federal, state, and local laws;
• Any content you submit, post, or transmit through our website;
• Your negligence, willful misconduct, or fraudulent conduct;
• Any misrepresentation made by you, including but not limited to false information provided in connection with an order or account registration.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which Hangry Joe's is registered and operates, without giving effect to any choice or conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms or the Services that is not subject to the arbitration provisions set forth in Section 11 shall be instituted exclusively in the federal or state courts located in the appropriate jurisdiction within the United States. You consent to personal jurisdiction and venue in such courts and waive any objection to the exercise of jurisdiction over you by such courts or the venue of such proceedings.

We make no representation that our Services are appropriate or available for use in locations outside the United States. Accessing our Services from territories where their contents are illegal is prohibited. If you choose to access our Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services informally by contacting us at [email protected]. We will attempt to resolve the dispute informally by contacting you within thirty (30) days. If a resolution is not reached within that period, either party may pursue formal dispute resolution as described below.

11.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. The arbitration shall be conducted in English by a single arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You understand and agree that by entering into this Agreement, you and Hangry Joe's are each waiving the right to a jury trial or to participate in a class action. The arbitrator shall have the authority to award the same damages and relief that a court could award, but may not award relief that extends beyond the individual parties. All arbitration proceedings shall be confidential.

11.3 Class Action Waiver

YOU AND HANGRY JOE'S AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Hangry Joe's agree otherwise, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

11.4 Exception for Injunctive Relief

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information, pending the outcome of arbitration.

12. Term and Termination

These Terms shall remain in full force and effect while you use our Services. We reserve the right, in our sole discretion and without prior notice or liability, to suspend or terminate your access to all or any part of our Services for any reason, including but not limited to:

• Breach of these Terms of Service;
• Engaging in fraudulent, abusive, or illegal activity;
• Failure to pay for ordered services;
• Providing false or misleading information;
• Conduct that is harmful to other users, third parties, or our business interests;
• Upon your request for account deletion.

Upon termination, your right to use the Services will immediately cease. If your account is terminated, we may, but are not obligated to, delete any content or information associated with your account. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your account at any time by contacting us at [email protected] or through the account settings page on our website, subject to your obligation to pay for any orders already placed or services already rendered.

13. Changes to These Terms

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email to the address associated with your account or through a prominent notice on our website.

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

Material changes to these Terms will be communicated with at least fourteen (14) days' advance notice, where feasible. Non-material changes may take effect immediately upon posting. It is your responsibility to check these Terms regularly for updates.

14. Third-Party Links and Services

Our website may contain links to third-party websites, services, or content 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 or services. We do not warrant the offerings of any of these entities or individuals or their websites.

You acknowledge and agree that Hangry Joe's shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

15. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and share your personal information in connection with your use of our Services. By agreeing to these Terms, you also acknowledge and agree to the practices described in our Privacy Policy.

To the extent you are a resident of California, our data practices are also governed by the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as described in our Privacy Policy. We are also committed to compliance with the Federal Trade Commission (FTC) Act and applicable FTC guidelines regarding unfair or deceptive trade practices.

16. Force Majeure

Hangry Joe's shall not be liable for any failure or delay in performance under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government restrictions, labor disputes, supply chain disruptions, internet or telecommunications failures, power outages, civil unrest, or any other event that constitutes a force majeure event under applicable law.

In the event of a force majeure occurrence, we will make reasonable efforts to notify you as promptly as practicable and to resume performance as soon as reasonably possible. Our obligations under these Terms will be suspended for the duration of the force majeure event to the extent that performance is affected.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by us on the website, constitute the entire agreement between you and Hangry Joe's concerning the Services and supersede all prior agreements, representations, warranties, and understandings, whether oral or written, between you and us with respect to the subject matter hereof.

No failure or delay by us in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

18. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, 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 of these Terms, and the remaining provisions shall continue in full force and effect as if the invalid or unenforceable provision had never been included.

The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the intent and economic effect of the original provision.

19. Waiver

No waiver by Hangry Joe's of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver of any right or provision will only be effective if it is in writing and signed by a duly authorized representative of Hangry Joe's.

20. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this section will be null and void. We may assign or transfer these Terms, in whole or in part, without restriction and without your consent, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns.

21. Electronic Communications

When you use our Services or send emails, text messages, or other communications to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, SMS/text message, or by posting notices on our website. 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, to the extent permitted by applicable law.

22. Contact Information

If you have any questions, concerns, or comments about these Terms of Service or our Services, please do not hesitate to contact us using the information provided below. We are committed to addressing your inquiries in a timely and professional manner.

For legal notices or formal correspondence, please send written communications to our email address listed above, clearly marking your subject line as "Legal Notice – Terms of Service." We will acknowledge receipt of formal legal notices within a commercially reasonable timeframe.