Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at hangryjoesfood.top (the "Site") or any services offered by Hangry Joe's ("Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between you and Hangry Joe's governing your access to and use of our website, online ordering platform, and food-related services.

1. Acceptance of Terms

By accessing or using the Site, placing an order, creating an account, or otherwise engaging with any services offered by Hangry Joe's, you ("User," "you," or "your") expressly acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately cease using our website and services.

Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes. These Terms apply to all visitors, users, customers, and others who access or use the Site.

You represent and warrant that you are at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is greater. If you are using the Site on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" and "your" shall refer to both you individually and such entity.

Use of this Site and our services is void where prohibited by applicable federal, state, or local law. By using the Site, you represent that your use complies with all applicable laws and regulations in your jurisdiction.

2. Description of Services

Hangry Joe's is a food service business that provides customers with access to food products, meals, catering inquiries, online ordering, and related food and beverage services (collectively, the "Services"). Our services may include, but are not limited to:

• Online ordering of food and beverages through our website
• Pickup and delivery options as made available in your area
• Catering and event food service requests
• Menu browsing, nutritional information, and promotional offers
• Account creation and management features
• Customer support and communication services
• Loyalty programs, discounts, or promotional campaigns, when available

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

Hangry Joe's does not guarantee that our Services will be available at all times, or that orders can always be fulfilled due to inventory limitations, delivery area restrictions, operational hours, weather conditions, or other factors beyond our control. We reserve the right to refuse service to anyone for any reason that does not violate applicable law.

3. User Accounts and Registration

To access certain features of our Site, including placing orders and managing your preferences, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the security and confidentiality of your account credentials, including your password
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other breach of security at [email protected]

We reserve the right to suspend or terminate your account at any time, for any reason, including but not limited to a violation of these Terms. You may not transfer your account to any other person or entity without our prior written consent. Each person may maintain only one account, and creating duplicate or fraudulent accounts is strictly prohibited.

4. User Obligations and Prohibited Activities

As a condition of your use of the Site and Services, you agree to use them only for lawful purposes and in accordance with these Terms. You agree that you will not, and will not permit others to:

4.1 General Prohibited Conduct

• Violate any applicable federal, state, local, or international laws or regulations, including without limitation the Federal Trade Commission Act (FTC Act), the Computer Fraud and Abuse Act (CFAA), or any applicable food safety regulations
• Use the Site for any fraudulent, deceptive, or misleading purpose
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
• Use the Site to send unsolicited communications, spam, or commercial solicitations
• Attempt to gain unauthorized access to any portion of the Site, server, network, or computer system

4.2 Technical Prohibitions

• Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission
• Introduce any viruses, malware, trojan horses, or other malicious code into the Site
• Attempt to decompile, reverse engineer, or disassemble any software contained on or used by the Site
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure
• Bypass any security or authentication measures we may employ

4.3 Content Prohibitions

• Post, transmit, or submit any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable
• Submit false, inaccurate, or misleading reviews, ratings, or feedback
• Harass, abuse, or harm any person, including our employees, contractors, or other users
• Collect or harvest any personally identifiable information from the Site without authorization

Violation of any of these prohibitions may result in immediate termination of your account, refusal of service, and may expose you to civil or criminal liability under applicable law.

5. Ordering, Payment Terms, and Refund Policy

5.1 Order Placement

When you place an order through our Site, you are making an offer to purchase food and/or beverage items subject to these Terms. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, inaccuracies in product or pricing information, or suspected fraudulent activity. If we cancel an order after payment has been received, we will issue a refund using the original payment method.

5.2 Pricing

All prices listed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable federal, state, or local taxes, which will be calculated and added to your order total at checkout. We reserve the right to correct any pricing errors and are not obligated to fulfill an order placed at an incorrect price.

5.3 Payment Processing

We accept major credit cards, debit cards, and other payment methods as indicated at checkout. By submitting payment information, you represent and warrant that you are authorized to use the payment method provided. All payment transactions are processed through third-party payment processors who maintain their own terms and privacy policies. We do not store complete credit or debit card numbers on our servers.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. If you receive an incorrect order, a damaged product, or experience a quality issue, please contact us within a reasonable time after receipt of your order at [email protected]. We will evaluate your claim and, at our sole discretion, may offer a replacement, store credit, or refund. We are not responsible for issues arising from customer error in placing orders, including incorrect delivery addresses or dietary restrictions not properly communicated at the time of ordering.

5.5 Delivery

Delivery availability, fees, and estimated delivery times are provided at checkout and are subject to change. We are not responsible for delays caused by third-party delivery services, traffic conditions, weather events, or other circumstances beyond our control. Risk of loss and title for food items pass to you upon our delivery to the carrier or upon your pickup, whichever applies.

6. Food Safety, Allergen Information, and Nutritional Disclosures

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

• Allergens: Our food products may contain or come into contact with common allergens, including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish. We make reasonable efforts to provide allergen information; however, we cannot guarantee that our products are free from any specific allergen due to the shared nature of kitchen equipment and preparation areas.
• Nutritional Information: Any nutritional information provided on our Site is based on standard recipes and may vary based on ingredient substitutions, preparation methods, and portion sizes.
• Dietary Needs: If you have specific dietary requirements, food allergies, or medical conditions that may be affected by food consumption, we strongly encourage you to consult with a qualified healthcare professional before ordering. It is your responsibility to communicate any dietary restrictions clearly when placing your order.

7. Intellectual Property Rights

The Site and all of its content, features, and functionality — including but not limited to text, graphics, logos, images, photographs, audio and video clips, data compilations, software, and the selection and arrangement thereof — are owned by Hangry Joe's, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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

7.1 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial use in connection with our Services, subject to these Terms. This license does not include the right to:

• Reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any content from the Site
• Use any data mining, robots, or similar data gathering or extraction methods on the Site
• Download any portion of the Site except as expressly permitted
• Use the Site for any commercial purpose or for any public display

7.2 User-Submitted Content

If you submit any content to our Site, including reviews, feedback, photos, or suggestions ("User Content"), you grant Hangry Joe's a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or otherwise control all rights to the User Content you submit.

8. Third-Party Links and Services

Our Site may contain links to third-party websites, applications, or services 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 sites or services. We strongly advise you to read the terms and privacy policy of any third-party site you visit. Our inclusion of any link does not imply endorsement of that site or service.

When you use third-party payment processors, delivery platforms, or other integrated services, your use of such services is governed by those third parties' terms and conditions. We are not responsible for any losses or damages arising from your interactions with such third parties.

9. Disclaimers — As-Is Basis

YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND 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, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT ON THE SITE
• WARRANTIES RELATED TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES

Some jurisdictions do not allow the exclusion of certain warranties or limitations on consumer rights, so some of the above exclusions may not apply to you. In such cases, our liability shall be limited to the greatest extent permitted by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HANGRY JOE'S, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or goodwill
• Personal injury or property damage related to your use of the Services
• Unauthorized access to or use of our servers and any personal information stored therein
• Interruption or cessation of transmission to or from our Services
• Any bugs, viruses, or other harmful code that may be transmitted through our Services
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content made available through the Services

IN NO EVENT SHALL HANGRY JOE'S' TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO HANGRY JOE'S IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

The limitations of liability set forth above are fundamental elements of the basis of the bargain between Hangry Joe's and you. The Services would not be provided without such limitations.

11. Indemnification

You agree to defend, indemnify, and hold harmless Hangry Joe's and its affiliates, 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 the Site or Services, including any data or content you transmit or receive
• Any User Content you submit, post, or transmit through the Site
• Your violation of any rights of a third party, including intellectual property rights or privacy rights
• Your violation of any applicable federal, state, or local law or regulation
• Any fraudulent, negligent, or willful misconduct by you

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.

12. 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 applicable state in which Hangry Joe's operates, without regard to any choice or conflict of law provisions.

To the extent any dispute is not subject to mandatory arbitration as described below, you agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States, and you hereby irrevocably submit to the personal jurisdiction and venue of such courts.

Nothing in these Terms shall limit our right to seek injunctive or other equitable relief in any court of competent jurisdiction where necessary to protect our intellectual property or confidential information.

These Terms and the relationship between the parties are also subject to applicable federal law, including the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45 et seq., which prohibits unfair or deceptive acts or practices in commerce.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Hangry Joe's at [email protected] and provide a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days. This informal process is a prerequisite to filing any formal claim.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.

If we are unable to resolve the dispute informally, you and Hangry Joe's agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services, shall be resolved solely by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are incorporated herein by reference.

The arbitration shall be conducted in the English language. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys' fees in arbitration, unless the arbitrator determines that a claim was frivolous or brought in bad faith.

13.3 Class Action Waiver

YOU AND HANGRY JOE'S AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

13.4 Exceptions

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

14. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use the Site or maintain an account with us. We reserve the right, in our sole discretion, to:

• Suspend or terminate your account and access to the Site and Services at any time, with or without cause, and with or without notice
• Discontinue any product, service, feature, or content at any time
• Modify or restrict access to the Site for any reason

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account shall not relieve you of any obligations or liabilities incurred prior to termination.

Upon termination of your access to the Site or Services for any reason:

• Your license to use the Site immediately ceases
• We may delete your account and any associated data in accordance with our Privacy Policy
• Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnification, limitations of liability, and dispute resolution provisions

15. Changes to Terms

Hangry Joe's reserves 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, provide additional notice (such as via email or a prominent notice on the Site).

We encourage you to review these Terms periodically to stay informed of any updates. Changes to the Terms will be effective immediately upon posting to the Site, unless we specify otherwise. Your continued use of the Site or Services after any changes are posted constitutes your acceptance of the revised Terms.

If you do not agree to the modified Terms, you must discontinue your use of the Site and Services and, if applicable, close your account.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms, and the remaining provisions of these Terms shall continue in full force and effect.

The invalidity or unenforceability of any particular provision shall not affect the validity and enforceability of any other provision. These Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein, to the extent necessary to give effect to the remaining provisions.

17. Waiver

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

18. Entire Agreement

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

No oral statements, representations, or promises made by any employee, agent, or representative of Hangry Joe's shall modify or supplement these Terms unless made in writing and signed by an authorized officer of Hangry Joe's.

19. California Residents

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for details on how we collect, use, and disclose personal information and your rights as a California resident, including the right to know, delete, correct, and opt-out of the sale or sharing of personal information.

Under California Civil Code Section 1789.3, California users are also entitled to the following consumer rights notice: If you have a question or complaint regarding the Site or Services, please contact us at the information below. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20. Force Majeure

Hangry Joe's shall not be liable for any failure or delay in performance of its obligations 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, pandemic or epidemic, government actions or restrictions, supply chain disruptions, civil unrest, labor strikes, power outages, internet or telecommunications failures, or any other event constituting force majeure.

21. Electronic Communications

By using our Site or Services, you consent to receive electronic communications from Hangry Joe's, including but not limited to emails, text messages, and notifications related to your orders, account, and our Services. You agree that any notices, agreements, disclosures, or other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You may opt-out of non-essential marketing communications at any time by following the unsubscribe instructions provided in such communications or by contacting us directly.

22. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you wish to exercise any rights you may have under applicable law, please contact us using the information below:

We will make every effort to respond to your inquiry within a reasonable timeframe. For urgent matters related to food safety or order issues, please contact us as soon as possible via email.