Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website hangryjoes-food.top or any services offered by Hangry Joe's ("Company," "we," "us," or "our"). By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of our website and services.

1. Acceptance of Terms

By accessing the website located at hangryjoes-food.top, placing a food order, subscribing to any service, or engaging with any content or functionality we provide, you confirm that:

• You are at least eighteen (18) years of age, or you are accessing and using our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf;
• You have the legal capacity and authority to enter into this Agreement;
• You have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and any additional policies, guidelines, or rules posted on our website;
• Your use of our services complies with all applicable local, state, and federal laws and regulations of the United States.

These Terms constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Hangry Joe's. 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 references to "you" shall mean that entity.

Your continued use of the website or services after any modification to these Terms will constitute your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.

2. Description of Services

Hangry Joe's is a food service business operating in the United States. We provide the following services through our website and related platforms:

• Online Food Ordering: Customers may browse our menu and place food orders for delivery or pickup through our website at hangryjoes-food.top.
• Menu Information: We provide detailed descriptions, images, and nutritional information (where available) regarding our food offerings.
• Delivery Services: We may offer delivery of food products to specified addresses within our designated service areas, either directly or through third-party delivery partners.
• Customer Account Services: Users may register for an account to manage orders, save preferences, view order history, and receive promotional offers.
• Promotional and Loyalty Programs: From time to time, we may offer discounts, promotions, loyalty rewards, or coupon programs subject to separate terms and conditions.
• Customer Support: We provide customer service support via email and other channels to assist with orders, complaints, and inquiries.

We reserve the right to modify, expand, or discontinue any aspect of our services at any time, with or without notice, subject to applicable law. We do not guarantee the continuous availability of any particular menu item, service, or feature.

Our services are intended solely for personal, non-commercial use by individual consumers placing food orders for personal consumption. Any commercial use of our platform without our prior written consent is strictly prohibited.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our website and 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 promptly notify us at [email protected] if you suspect any unauthorized access to your account;
• Accept responsibility for all activities and transactions that occur under your account;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our services;
• Be present at the designated delivery address or arrange for an authorized individual to receive your order at the time of delivery;
• Review all order details carefully before submitting, as orders may not be cancelable after confirmation.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities when using our website or services:

• Using our website or services for any unlawful, fraudulent, or deceptive purpose, including but not limited to submitting false orders or chargebacks;
• Attempting to gain unauthorized access to our systems, servers, databases, or other computer networks through hacking, password mining, or any other means;
• Interfering with or disrupting the integrity or performance of our website, servers, or networks;
• Using automated scripts, bots, scrapers, crawlers, or other automated tools to access, collect, or harvest data from our website without our prior written consent;
• Impersonating another person or entity or misrepresenting your affiliation with any person or entity;
• Uploading, transmitting, or distributing any viruses, malware, or other harmful code through our website;
• Engaging in any activity that could damage, disable, overburden, or impair our website or services;
• Copying, reproducing, distributing, modifying, creating derivative works of, or otherwise exploiting any content, materials, or intellectual property from our website without prior written authorization;
• Using our services to send spam, unsolicited commercial communications, or any other form of unauthorized advertising;
• Engaging in any conduct that harasses, threatens, intimidates, or harms other users, our employees, or third parties;
• Attempting to resell, sublicense, or commercially exploit our services or platform without authorization;
• Violating any applicable export control laws or regulations of the United States.

We reserve the right to investigate suspected violations of these Terms and to take appropriate action, including suspension or termination of accounts, removal of content, and reporting to law enforcement authorities as warranted.

4. Intellectual Property Rights

All content, materials, and intellectual property available on or through our website, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, video content, digital downloads, data compilations, software, and the overall look and feel of the website ("Content"), are the exclusive property of Hangry Joe's or its licensors and are protected under applicable intellectual property laws of the United States, including the Copyright Act (17 U.S.C. § 101 et seq.) and the Lanham Act (15 U.S.C. § 1051 et seq.).

The Hangry Joe's name, logo, taglines, and all related product and service names, design marks, and slogans are trademarks or service marks of Hangry Joe's. You may not use any of our trademarks without our prior written consent. All other trademarks appearing on our website are the property 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 your personal, non-commercial use in connection with placing food orders and using our services as intended. This license does not include the right to:

• Download or copy account information for the benefit of another person or entity;
• Use data mining, robots, or similar data gathering or extraction tools;
• Modify, translate, adapt, or create derivative works based on the Content;
• Republish, distribute, transmit, sell, license, or otherwise exploit any Content for commercial purposes.

Any unauthorized use of our intellectual property is a violation of these Terms and may violate applicable copyright, trademark, privacy, and other laws. Such violations may subject you to civil and criminal penalties.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] with a detailed description of the alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

5.1 Pricing and Charges

All prices listed on our website are in United States Dollars (USD) and are subject to change without prior notice. Prices displayed at the time of order placement will apply to that transaction. We reserve the right to correct pricing errors at any time.

In addition to menu prices, your total order amount may include applicable sales taxes, delivery fees, service charges, and gratuity (where applicable). All applicable charges will be clearly disclosed before you complete your purchase.

5.2 Payment Methods

We accept payment through various methods as indicated on our website at the time of checkout, which may include credit cards, debit cards, and other electronic payment systems. By submitting payment information, you represent and warrant that:

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

5.3 Order Confirmation

An order is not confirmed until you receive an order confirmation from us via email or through our website. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, pricing errors, or suspected fraudulent activity.

5.4 Refunds and Cancellations

Our refund and cancellation policy is as follows:

• Orders may be canceled within a limited timeframe after placement, as specified at checkout. Once food preparation has commenced, cancellations may not be accepted.
• If you receive an incorrect or unsatisfactory order, please contact us within twenty-four (24) hours of receipt at [email protected] to request a refund or replacement.
• Refunds, if approved, will be processed to the original payment method within five (5) to ten (10) business days, depending on your financial institution.
• We reserve the right to determine, in our sole discretion, whether a refund or replacement is warranted based on the specific circumstances of each case.

5.5 Taxes

You are responsible for all applicable taxes associated with your purchase. We will collect and remit applicable sales taxes as required by law in the jurisdiction where the transaction occurs.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE UNITED STATES AND THE APPLICABLE STATE LAW OF THE STATE IN WHICH HANGRY JOE'S OPERATES, HANGRY JOE'S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, OUR WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, HANGRY JOE'S SHALL NOT BE LIABLE FOR:

• Any loss of profits, revenue, data, goodwill, or other intangible losses;
• Any damages resulting from unauthorized access to or alteration of your data or transmissions;
• Any damages resulting from food allergic reactions, dietary concerns, or health issues unless directly and solely caused by our gross negligence or willful misconduct;
• Any damages resulting from interruption, suspension, or discontinuation of our services;
• Any damages resulting from errors, inaccuracies, or omissions in our menu descriptions or nutritional information;
• Any damages resulting from delays or failures in delivery caused by third-party delivery providers, weather conditions, traffic, or other circumstances beyond 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 YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO HANGRY JOE'S IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $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.

7. Disclaimers

7.1 As-Is Basis

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 PERMISSIBLE UNDER 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.

WE DO NOT WARRANT THAT:

• Our website or services will be uninterrupted, timely, secure, or error-free;
• The results obtained from the use of our website or services will be accurate or reliable;
• Any errors or defects in the website will be corrected;
• Our website or servers are free of viruses or other harmful components.

7.2 Food Allergen Disclaimer

Our food products may contain or come into contact with common allergens, including but not limited to gluten, dairy, eggs, tree nuts, peanuts, soy, fish, and shellfish. While we make every reasonable effort to accommodate dietary restrictions and allergies upon request, we cannot guarantee that cross-contamination will not occur during food preparation. It is your responsibility to inform us of any allergies or dietary requirements before placing your order. We strongly recommend that individuals with severe food allergies consult with our staff before ordering. Hangry Joe's shall not be liable for any allergic reactions or health complications arising from consumption of our products.

7.3 Third-Party Links and Services

Our website may contain links to third-party websites, applications, or services. These links are provided for your convenience only and do not constitute our endorsement of such third-party sites or their content. We have no control over the content, privacy practices, or operations of third-party websites and assume no responsibility for them. Your use of third-party websites is at your own risk and subject to their respective terms and conditions.

7.4 Nutritional Information

Any nutritional information, calorie counts, or dietary information provided on our website is approximate and provided for informational purposes only. Actual nutritional content may vary based on preparation methods, portion sizes, ingredient substitutions, and other factors. We do not warrant the accuracy or completeness of any nutritional information provided.

8. Indemnification

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

• Your use of or access to our website or services;
• Your violation of these Terms of Service or any applicable law or regulation;
• Your violation of any third-party rights, including without limitation any intellectual property rights, privacy rights, or contractual rights;
• Any content or information you submit, post, or transmit through our website;
• Your misrepresentation of any information provided to us;
• Any fraudulent or unauthorized activity conducted through your account;
• 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 claims and not to settle any such matter without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by, construed, and enforced in accordance with the laws of the United States of America and the applicable state laws of the state in which Hangry Joe's is registered and operates, without regard to its conflict of law principles.

To the extent that any dispute, claim, or controversy arising out of or related to these Terms or our services is not subject to mandatory arbitration as set forth in Section 10 below, you consent to the exclusive personal jurisdiction of the state and federal courts located within the applicable United States jurisdiction where Hangry Joe's is domiciled for the resolution of any such disputes. You hereby waive any objection to such jurisdiction, including on the grounds of inconvenient forum.

These Terms are subject to all applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices, the Electronic Communications Privacy Act, and other applicable federal consumer protection statutes. Customers located in California may have additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and other California-specific consumer protection laws.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Hangry Joe's at [email protected] and provide a written description of your dispute, your name, contact information, and the specific relief you are requesting. We will make a good-faith effort to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution as described below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms, your use of our services, or any transaction with Hangry Joe's shall be resolved by binding arbitration administered by a recognized arbitration body in the United States, such as the American Arbitration Association (AAA), in accordance with its then-current Consumer Arbitration Rules. The arbitration shall be conducted in English and shall be held in the United States.

The arbitrator shall have the authority to award the same damages and relief as a court, but the arbitrator shall not have the authority to award relief to, against, or for the benefit of any person not a party to the proceedings.

10.3 Class Action Waiver

YOU AND HANGRY JOE'S EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If a court or arbitrator determines that this class action waiver is unenforceable in a particular instance, the arbitration agreement shall not apply to that specific dispute, which shall instead be resolved in court subject to the jurisdiction provisions of Section 9.

10.4 Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or our services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred, to the fullest extent permitted by applicable law.

11. Term and Termination

11.1 Term

These Terms of Service are effective as of the date you first access or use our website or services and shall remain in full force and effect until terminated in accordance with the provisions of this Section.

11.2 Termination by You

You may terminate your account and discontinue your use of our services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations or liabilities incurred prior to the termination date.

11.3 Termination by Us

We reserve the right, in our sole discretion, to suspend, restrict, or terminate your access to our website and services, with or without notice, for any reason, including but not limited to:

• Your violation of these Terms of Service or any applicable law;
• Fraudulent, deceptive, or abusive activity;
• Non-payment or chargebacks;
• Conduct that is harmful to other users, our employees, or our business interests;
• Technical or security concerns;
• Our decision to discontinue or substantially modify our services.

11.4 Effect of Termination

Upon termination of your account or your access to our services:

• All rights and licenses granted to you under these Terms shall immediately cease;
• You must immediately discontinue all use of our website and services;
• Any outstanding payment obligations shall remain due and payable;
• Provisions of these Terms that by their nature should survive termination shall continue in full force, including but not limited to Sections 4 (Intellectual Property), 6 (Limitation of Liability), 7 (Disclaimers), 8 (Indemnification), 9 (Governing Law), 10 (Dispute Resolution), and 14 (Severability).

12. Changes to Terms

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

• Updating the "Last Updated" date at the top of this page;
• Posting a notice on our website; and/or
• Sending an email notification to the address associated with your account (if you have registered for an account).

Your continued use of our website or services after the effective date of any modified Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must immediately discontinue your use of our website and services and, if applicable, terminate your account.

We encourage you to review these Terms periodically at hangryjoes-food.top to remain informed of any changes. Material changes will not apply retroactively and will become effective no sooner than thirty (30) days after they are posted, except for changes addressing new features or changes made for legal reasons, which may be effective immediately.

13. Additional Provisions

13.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies or agreements expressly incorporated by reference herein, constitute the entire agreement between you and Hangry Joe's with respect to your use of our website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

13.2 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 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. A waiver of any breach shall not be deemed a waiver of any subsequent breach of the same or any other provision.

13.3 Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any purported assignment in violation of this Section shall be null and void. We may assign, transfer, or delegate our rights and obligations under these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate restructuring, sale of assets, or operation of law.

13.4 Force Majeure

Hangry Joe's shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, war, terrorism, civil unrest, labor strikes, supply chain disruptions, power outages, internet or telecommunications failures, or other events of force majeure. In such circumstances, we will make reasonable efforts to resume performance as soon as practicable.

13.5 No Third-Party Beneficiaries

These Terms are for the sole and exclusive benefit of you and Hangry Joe's. Nothing in these Terms, 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.

13.6 Electronic Communications

By using our website and services, you consent to receiving communications from us electronically, including emails, text messages, and notices posted 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.

14. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, unenforceable, or contrary to applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted from these Terms. The invalidity, illegality, or unenforceability of any specific provision shall not affect the validity, legality, 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.

In the event that a court determines that a particular provision is partially enforceable, that provision shall be enforced to the maximum extent permissible under applicable law, with the remainder of the provision deemed severed from these Terms.

15. Contact Information

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

For formal legal notices required under these Terms, all communications must be submitted in writing via email to [email protected] with a subject line clearly indicating the nature of the notice (e.g., "Legal Notice — Dispute Resolution," "DMCA Takedown Notice," etc.). We will confirm receipt of formal legal notices within five (5) business days.

For general customer service inquiries, complaints, or order-related concerns, please contact our support team at [email protected]. We strive to respond to all customer inquiries within two (2) business days.