Terms of Service

Please read these Terms of Service carefully before using the website hangryjoes-eat.top 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, you must immediately discontinue use of our website and services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract 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 located at hangryjoes-eat.top (the "Website") and all related food products, services, features, content, and functionality offered by Hangry Joe's (collectively, the "Services").

By accessing our Website, placing an order, creating an account, or otherwise engaging with our Services, you represent and warrant that:

• You are at least eighteen (18) years of age or the age of legal majority in your jurisdiction;
• You have the legal capacity and authority to enter into this Agreement;
• You are a resident of the United States or are accessing the Services from the United States;
• You have read, understood, and agree to be bound by all provisions of these Terms, as well as our Privacy Policy, which is incorporated herein by reference;
• All information you provide to us is accurate, truthful, and complete.

If you are using the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to "you" shall include that entity.

2. Description of Services

Hangry Joe's is a food business operating in the United States that provides customers with access to food ordering, food delivery coordination, pick-up services, catering inquiries, and related food and beverage services (collectively, the "Services"). Our Website serves as a platform through which customers may:

• Browse our menu of food and beverage offerings;
• Place online orders for pick-up or delivery (where available);
• Create and manage user accounts to streamline the ordering process;
• Access promotional offers, discounts, and loyalty rewards (if applicable);
• Submit catering requests and inquiries;
• Communicate with our customer service team;
• Receive updates, newsletters, and promotional communications (with your consent);
• Provide feedback, reviews, and ratings of our products and services.

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

Availability of specific menu items, delivery services, and promotional offers may vary based on location, time of day, and operational capacity. Hangry Joe's makes no guarantee that all menu items displayed on the Website will be available at the time of your order.

3. User Accounts and Registration

Certain features of our Services may require you to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information as prompted during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your login credentials, including your username and password;
• Immediately notify us at [email protected] of any unauthorized access to or use of your account;
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you;
• Not create more than one account per person or share your account credentials with any other individual.

Hangry Joe's reserves the right to suspend or terminate your account at any time, for any reason, including but not limited to suspected fraudulent activity, violation of these Terms, or abuse of our Services. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

4. User Obligations and Prohibited Activities

As a condition of your use of the Services, you agree to use the Website and Services only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations of the United States. You further agree to comply with all guidelines and policies we establish from time to time.

4.1 General User Obligations

You agree to:

• Use the Services only for personal, non-commercial purposes unless you have obtained our prior written consent for commercial use;
• Provide accurate and complete information when placing orders, registering accounts, or communicating with us;
• Pay for all orders placed through our Website in full and in a timely manner;
• Comply with any additional terms, conditions, or policies applicable to specific promotions, events, or features offered by Hangry Joe's.

4.2 Prohibited Activities

You expressly agree NOT to engage in any of the following activities:

• Using the Services for any unlawful, fraudulent, or deceptive purpose;
• Attempting to gain unauthorized access to any portion of the Website, our servers, or any systems or networks connected to our Services;
• Introducing viruses, malware, ransomware, spyware, or any other malicious or harmful code into the Website or our systems;
• Scraping, crawling, or using automated means to collect data from the Website without our express written permission;
• Reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Website;
• Impersonating any person or entity, including our employees, affiliates, or other users;
• Submitting false, misleading, defamatory, obscene, harassing, or offensive content in reviews, comments, or communications;
• Interfering with or disrupting the integrity or performance of the Website or the servers or networks supporting it;
• Using our intellectual property, trademarks, trade names, logos, or content without our express prior written consent;
• Placing fraudulent orders, chargebacks, or engaging in payment fraud of any kind;
• Engaging in any activity that would constitute a violation of applicable federal or state consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.);
• Circumventing any security or access control features of the Website.

Violation of any prohibited activity may result in immediate termination of your account and access to Services, and may subject you to civil and/or criminal liability under applicable law.

5. Ordering, Payment, and Pricing

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the food and beverage items you have selected at the prices displayed. We reserve the right to accept or decline any order at our discretion. An order is confirmed only when you receive an official order confirmation from us, either via email or through the Website interface.

5.2 Pricing and Taxes

All prices displayed on our Website are in United States Dollars (USD). Prices are subject to change without prior notice. Applicable federal, state, and local sales taxes will be calculated and added to your order total at checkout, in accordance with the tax laws of the jurisdiction where the order is fulfilled. You are responsible for all taxes applicable to your purchases.

5.3 Payment Methods

We accept various payment methods as displayed at checkout, which may include major credit cards, debit cards, and other electronic payment methods. By providing your payment information, you represent and warrant that:

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

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared or is in the process of being fulfilled. If you experience a problem with your order — including incorrect items, food quality issues, or missing items — please contact us immediately at [email protected]. We will evaluate refund or replacement requests on a case-by-case basis in our sole discretion. We reserve the right to deny refund requests that are not reported within a reasonable time of order receipt or that lack reasonable substantiation.

5.5 Delivery

Where delivery services are offered, delivery fees, estimated delivery times, and service areas are subject to change and may vary by location and order size. Hangry Joe's is not responsible for delays caused by third-party delivery providers, traffic conditions, weather events, or other circumstances beyond our reasonable control.

6. Intellectual Property Rights

All content, materials, and elements available on or through the Website, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the overall design and appearance of the Website (collectively, "Intellectual Property"), are the exclusive property of Hangry Joe's or its licensors and are protected by applicable United States and international intellectual property laws, including federal copyright law (17 U.S.C. § 101 et seq.) and trademark law (15 U.S.C. § 1051 et seq.).

The Hangry Joe's name, logo, trade dress, and all related product and service names, design marks, and slogans are trademarks or service marks of Hangry Joe's. You are not granted any right or license to use these marks without our express prior written consent. Unauthorized use of our trademarks may constitute trademark infringement and unfair competition under applicable federal and state law.

6.1 Limited License to Users

Subject to your compliance with these Terms, Hangry Joe's grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial purposes. This license does not include the right to:

• Copy, reproduce, distribute, or create derivative works based on our Intellectual Property;
• Use the Website or its content for commercial purposes;
• Remove or alter any copyright, trademark, or other proprietary notices;
• Frame or mirror any portion of the Website on any other website or server.

6.2 User-Generated Content

If you submit reviews, feedback, comments, photographs, or other content to our Website or through our Services ("User Content"), you grant Hangry Joe's a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, distribute, and display such User Content for any lawful business purpose. You represent and warrant that you own or have sufficient rights to grant this license, and that your User Content does not infringe any third-party rights or violate any applicable law.

7. Food Safety, Allergens, and Health Disclaimers

Hangry Joe's takes food safety seriously and endeavors to comply with all applicable federal and state food safety regulations, including guidelines established by the U.S. Food and Drug Administration (FDA) and applicable state health department requirements.

However, you acknowledge and agree that:

• Our food products may contain or come into contact with common allergens, including but not limited to gluten, dairy, eggs, nuts, tree nuts, soy, fish, and shellfish;
• While we make reasonable efforts to accommodate dietary restrictions and allergen requests, we cannot guarantee that our food preparation environment is entirely free from any allergen;
• Customers with severe food allergies or specific dietary requirements should contact us directly before placing an order;
• Caloric and nutritional information displayed on our Website is provided for informational purposes only and may be subject to variation;
• Hangry Joe's is not responsible for any adverse health reactions resulting from food consumption where the customer has failed to disclose relevant allergies or dietary requirements.

8. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HANGRY JOE'S PROVIDES THE WEBSITE AND ALL SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES 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 WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT THE WEBSITE OR ITS SERVERS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in their entirety. In such cases, the implied warranties are limited to the minimum scope and duration permitted by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL HANGRY JOE'S, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
• DAMAGES ARISING FROM ANY THIRD-PARTY CONDUCT OR CONTENT ON THE WEBSITE;
• DAMAGES ARISING FROM ANY FOOD SAFETY ISSUE WHERE PROPER DISCLOSURE OF ALLERGIES OR DIETARY RESTRICTIONS WAS NOT PROVIDED.

IN ANY CASE, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID 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 of liability set forth herein shall apply regardless of the legal theory upon which any claim is based, including but not limited to contract, tort, strict liability, or otherwise, even if Hangry Joe's has been advised of the possibility of such damages. Certain states do not allow certain limitations of liability, so these limitations may not apply to you in their entirety.

10. Indemnification

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

• Your use of or access to the Website or Services;
• Your violation of any provision of these Terms of Service;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement or misappropriation of any intellectual property or other rights of any third party;
• Any User Content you submit, post, or transmit through our Website;
• Your negligence or intentional misconduct;
• Any dispute between you and any other user or third party.

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 fully with our defense of such claims. You agree not to settle any such claim without our prior written consent.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications that are not owned or controlled by Hangry Joe's. These links are provided solely for your convenience and do not constitute an endorsement, sponsorship, or recommendation by Hangry Joe's of those third parties or their products, services, or content.

Hangry Joe's has no control over and assumes no responsibility for the content, privacy policies, practices, or terms of any third-party websites. We strongly encourage you to review the terms of service and privacy policies of any third-party websites you visit. Your access to and use of any third-party website is at your own risk and subject to the terms of that third party.

12. Privacy Policy

Your privacy is important to us. Our Privacy Policy, available on our Website, describes how we collect, use, store, share, and protect your personal information in connection with your use of our Services. Our Privacy Policy is incorporated into these Terms of Service by reference and forms part of this Agreement.

By using our Services, you acknowledge that you have read and understood our Privacy Policy. To the extent we collect personal information from residents of California, we comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as applicable. For all users, our data practices are also governed by the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other applicable federal privacy regulations.

13. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and, to the extent applicable, the laws of the state in which Hangry Joe's is registered and operating, without giving effect to any conflict of law provisions or principles that would require the application of the laws of any other jurisdiction.

Subject to the Dispute Resolution section below, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States, and you hereby consent to the personal jurisdiction and venue of such courts. You waive any objection to the laying of venue in such courts and any objection that such courts are an inconvenient forum.

These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any formal legal claim, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services informally by contacting us at [email protected] with a written description of your claim, the relief you seek, and your contact information. We will attempt to respond within thirty (30) days of receipt. Both parties agree to engage in good-faith efforts to resolve the dispute informally for a period of at least thirty (30) days before pursuing any formal legal proceedings.

14.2 Binding Arbitration

If informal resolution is unsuccessful, you and Hangry Joe's agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (except as specified below) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, rather than in a court of law. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

14.3 Class Action Waiver

YOU AND HANGRY JOE'S EXPRESSLY 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, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator shall not have the authority to consolidate claims or preside over any form of class or representative action.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent or stop the infringement of intellectual property rights or other irreparable harm. Claims filed in small claims court, where applicable, are also exempt from the arbitration requirement.

15. Term and Termination

These Terms of Service are effective from the first date you access or use our Website or Services and shall remain in full force and effect until terminated as described herein.

15.1 Termination by You

You may terminate your use of the Services and, if applicable, close your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations or liabilities incurred prior to termination.

15.2 Termination by Hangry Joe's

We reserve the right to suspend or terminate your access to the Website and Services at any time, with or without cause, and with or without notice, including but not limited to circumstances where:

• You have violated any provision of these Terms;
• We are required to do so by applicable law or legal process;
• We have legitimate business reasons to do so, including discontinuation of our Services;
• Your conduct may expose Hangry Joe's to legal liability or reputational harm.

15.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions relating to intellectual property rights, disclaimers of warranties, limitations of liability, indemnification, and dispute resolution.

16. Changes to Terms of Service

Hangry Joe's reserves the right to modify, update, or revise these Terms of Service at any time, at our sole discretion. When we make material changes to these Terms, we will notify you by:

• Posting the updated Terms on our Website with a revised "Last Updated" date;
• Sending a notification email to the address associated with your account (if applicable); and/or
• Displaying a prominent notice on our Website homepage.

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

17. Electronic Communications

By using our Website and Services, you consent to receiving electronic communications from us, including but not limited to order confirmations, receipts, promotional messages (where you have opted in), and notices regarding your account. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

18. Accessibility

Hangry Joe's is committed to making our Website accessible to individuals with disabilities, in accordance with the Americans with Disabilities Act (ADA) and applicable accessibility standards. If you experience difficulty accessing any portion of our Website due to a disability, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

19. Force Majeure

Hangry Joe's shall not be liable for any failure or delay in the performance of its obligations under these Terms caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, labor disputes, pandemics, epidemics, supply chain disruptions, power outages, internet failures, or any other circumstances beyond our reasonable control ("Force Majeure Event"). In the event of a Force Majeure Event, we will make commercially reasonable efforts to resume normal operations as promptly as practicable.

20. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law, including but not limited to a court of competent jurisdiction or an arbitrator, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

If the class action waiver provision in Section 14.3 is found to be unenforceable, the entire arbitration agreement set forth in Section 14.2 shall be null and void, and the dispute shall be resolved by a court of competent jurisdiction.

21. Waiver

No waiver by Hangry Joe's of any breach or default of any provision of these Terms shall be deemed a waiver of any subsequent breach or default, and shall not affect any other rights or remedies available to Hangry Joe's under applicable law or in equity. A waiver is only effective if it is in writing and signed by an authorized representative of Hangry Joe's.

22. Entire Agreement

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

23. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without the prior written consent of Hangry Joe's. Any attempted assignment without such consent shall be null and void. Hangry Joe's may freely assign these Terms, in whole or in part, to any affiliate, successor, or acquirer without restriction or your prior consent. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

24. No Third-Party Beneficiaries

These Terms of Service are for the sole benefit of you and Hangry Joe's, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

25. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you need to report a violation, please contact us using the information below:

We endeavor to respond to all inquiries within five (5) business days. For urgent matters relating to food safety or order issues, please contact us via email and mark your message as urgent.