Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at fresh-hangryjoes.digital (the "Site") or any services offered by Hangry Joe's ("Company," "we," "us," or "our"). By accessing or using our Site or services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of our Site and services.

1. Acceptance of Terms

By visiting, browsing, or otherwise using the fresh-hangryjoes.digital website, placing an order, creating an account, or engaging with any content or service provided by Hangry Joe's, you enter into a legally binding agreement with the Company under these Terms of Service. This Agreement applies to all users of the Site, including visitors, customers, registered account holders, and any other persons who access or use the services offered herein.

These Terms apply in conjunction with any additional policies referenced herein, including our Privacy Policy, which is incorporated by reference into this Agreement. If you are using our services on behalf of a business entity, organization, or other legal person, you represent and warrant that you have full authority to bind that entity to these Terms, and all references to "you" shall apply to both you personally and that 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 and have the legal capacity to enter into a binding agreement under applicable United States law. If you are under 18, you may only use our services with the involvement, supervision, and consent of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Hangry Joe's is a food service business operating in the United States. Through our website at fresh-hangryjoes.digital, we offer the following services:

• Online Food Ordering: Customers may browse our menu, customize food and beverage selections, and place orders for pickup or delivery, where available.
• Menu Information: We provide detailed descriptions, pricing, allergen information, and nutritional details for our food and beverage offerings.
• Account Management: Registered users may create and maintain accounts to save preferences, view order history, manage payment methods, and receive personalized offers.
• Promotional Content: We publish promotions, special offers, loyalty rewards, newsletters, and other marketing communications through our Site and via email.
• Customer Support: We offer customer support services accessible via email and other communication channels listed in this Agreement.
• Third-Party Integrations: Our Site may integrate with third-party delivery platforms, payment processors, and other service providers to facilitate a seamless ordering experience.

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

3. User Accounts and Registration

To access certain features of our Site, including placing online orders and managing loyalty rewards, you may be required to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information as prompted by the registration form;
• 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 full responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate any account that we reasonably believe has been used fraudulently, in violation of these Terms, or in a manner that could harm the Company, other users, or third parties. You may not create multiple accounts for the purpose of circumventing restrictions, obtaining multiple promotional benefits, or engaging in any other unauthorized conduct.

4. User Obligations and Prohibited Activities

By using the Site and services of Hangry Joe's, you agree to use them only for lawful purposes and in accordance with these Terms. You expressly agree that you will not:

4.1 General Prohibited Conduct

• Violate any applicable federal, state, or local law, regulation, or ordinance, including all applicable laws of the United States;
• 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;
• Collect or harvest any personally identifiable information from the Site without authorization;
• Use the Site to send unsolicited communications (spam) or engage in any form of unauthorized advertising or solicitation;
• Submit false, inaccurate, or misleading orders, reviews, or other content;
• Engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Site.

4.2 Technical Prohibited Conduct

• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site;
• Use any robot, spider, scraper, crawler, or other automated means to access the Site without our express written permission;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other technologically harmful material to the Site;
• Interfere with or disrupt the integrity or performance of the Site or the data contained therein;
• Attempt to decompile, reverse engineer, disassemble, or hack any portion of the Site;
• Bypass or circumvent any technical measures we use to provide or protect the Site.

4.3 Content-Related Prohibited Conduct

• Post, upload, or transmit any content that is unlawful, defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable;
• Upload or transmit content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
• Post false reviews, ratings, or testimonials regarding the Company or its products;
• Use the Site's content or features for commercial purposes without our prior written consent.

Violation of these prohibitions may result in immediate termination of your account and access to our services, and may expose you to civil and/or criminal liability under applicable law.

5. Ordering, Payment Terms, and Pricing

5.1 Order Placement

When you place an order through our Site, you are making an offer to purchase food and beverages subject to these Terms. All orders are subject to availability and confirmation. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to cases of suspected fraud, pricing errors, or unavailability of items.

5.2 Pricing

All prices listed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales taxes, delivery fees, service charges, or gratuity unless expressly stated. You are responsible for all applicable taxes and charges associated with your order. We strive to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to correct the error and, if applicable, cancel any orders placed at the incorrect price.

5.3 Payment Methods

We accept payment through the methods displayed at checkout, which may include major credit cards, debit cards, and other electronic payment methods. By providing 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 amount of your order, including all applicable taxes and fees.

5.4 Payment Security

Payment processing is handled by third-party payment processors. We do not store full credit card numbers on our servers. While we take commercially reasonable measures to protect your payment information, we are not responsible for any unauthorized access to payment information that results from circumstances beyond our reasonable control.

5.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. If you experience an issue with your order — such as receiving incorrect items or a quality problem — please contact us at [email protected] within 24 hours of receiving your order. Refunds, replacements, or credits will be issued at our sole discretion and on a case-by-case basis. We are not obligated to provide refunds for orders that have already been prepared or delivered in accordance with your specifications.

5.6 Delivery

Delivery availability, areas, fees, and estimated times may vary. We do not guarantee delivery times and shall not be liable for delays caused by factors outside our reasonable control, including but not limited to traffic, weather conditions, or third-party delivery service issues.

6. Intellectual Property Rights

6.1 Company Ownership

All content on the Site, including but not limited to text, graphics, logos, icons, photographs, images, audio clips, digital downloads, data compilations, software, and the overall design and appearance of the Site (collectively, "Content"), is the exclusive property of Hangry Joe's or its licensors and is protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and other applicable laws.

6.2 Limited License to Users

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

• Reproduce, distribute, publicly display, or publicly perform any Content;
• Modify or create derivative works based upon the Content;
• Use the Content for any commercial purpose or for any public display;
• Remove any copyright, trademark, or other proprietary notices from the Content.

6.3 Trademarks

The name "Hangry Joe's," the Company's logo, 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 the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

6.4 User-Submitted Content

If you submit any content to us — including reviews, comments, photos, feedback, or suggestions ("User Content") — you grant Hangry Joe's a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to submit User Content and that it does not violate any third-party intellectual property rights or any applicable law.

7. Food Safety, Allergen Information, and Nutritional Disclaimers

Hangry Joe's takes food safety seriously. However, we cannot guarantee that our food products are free from allergens, including but not limited to nuts, dairy, gluten, eggs, soy, shellfish, fish, and wheat. Cross-contamination may occur in our kitchen facilities. If you have a known food allergy or dietary restriction, you must:

• Review all available allergen and ingredient information prior to ordering;
• Contact us directly at [email protected] to inquire about specific allergen concerns before placing your order;
• Understand that we cannot guarantee allergen-free preparation environments.

Nutritional information provided on our Site is approximate and may vary based on preparation methods, portion sizes, ingredient substitutions, and supplier variations. This information is provided for general informational purposes only and is not intended as medical or dietary advice. Individuals with specific health conditions or dietary needs should consult a qualified healthcare professional before consuming our products.

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. These links are provided solely for your convenience and informational purposes. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or terms of any third-party sites or services. We do not endorse or make any representations about third-party sites or services.

Your interactions with third-party websites and services are governed by those parties' own terms and privacy policies. We strongly encourage you to read the terms and privacy policies of any third-party site you visit. Hangry Joe's shall not be liable for any damages or losses caused or alleged to be caused by your use of any third-party website or service.

9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES, CONTENT, AND PRODUCTS PROVIDED BY HANGRY JOE'S ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. 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 SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED;
• WARRANTIES THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES 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 RELATING TO:

• Your access to, use of, or inability to access or use the Site or services;
• Any conduct or content of any third party on the Site;
• Any content obtained from the Site;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any food product ordered through the Site, including any adverse reactions, allergic reactions, or foodborne illness;
• Any errors or omissions in content;
• Any interruption or cessation of transmission to or from the Site.

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

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. Where applicable state law prohibits such exclusions or limitations, our liability shall be limited to the fullest extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Hangry Joe's and its officers, directors, employees, contractors, agents, licensors, suppliers, 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 or misuse of the Site or services;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property or privacy rights;
• Any content you submit, post, or transmit through the Site;
• Your negligence, willful misconduct, or fraud;
• Any dispute between you and a third party arising from your use of our services.

We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without our prior written consent.

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 its conflict of law principles.

To the extent that any dispute is not subject to mandatory arbitration as described below, you consent to the exclusive jurisdiction of the federal and state courts located within the United States for the resolution of any disputes arising out of or relating to these Terms or your use of the Site and services.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred. This limitation does not apply where prohibited by applicable law.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceeding, 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 Site informally by contacting Hangry Joe's at [email protected]. You and the Company agree to negotiate in good faith to resolve the dispute within thirty (30) days of the initial notice of the dispute.

13.2 Binding Arbitration

If the parties are unable to resolve the dispute informally within the thirty (30) day period, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by binding arbitration administered by a recognized arbitration body, such as the American Arbitration Association (AAA), under its applicable rules. The arbitration shall take place in the United States, and the proceedings shall be conducted in English.

The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You understand that, absent this mandatory arbitration provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation.

13.3 Class Action Waiver

YOU AND HANGRY JOE'S AGREE THAT EACH PARTY 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 ACTION. Unless both you and Hangry Joe's agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Nothing in this section shall limit either party's right to seek such relief.

14. Compliance with Consumer Protection Laws

Hangry Joe's is committed to complying with all applicable United States federal and state consumer protection laws. This includes, but is not limited to:

• Federal Trade Commission Act (15 U.S.C. § 45): We are committed to fair and non-deceptive trade practices in all our dealings with consumers.
• California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA): To the extent applicable, California residents have specific rights regarding their personal information. Please refer to our Privacy Policy for detailed information regarding your rights and how to exercise them.
• CAN-SPAM Act: Any commercial email communications we send comply with the requirements of the CAN-SPAM Act, including providing opt-out mechanisms in all marketing emails.
• Americans with Disabilities Act (ADA): We strive to ensure that our website is accessible to individuals with disabilities in compliance with applicable accessibility standards.

15. Privacy Policy

Your use of the Site 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 information about you when you use our Site and services. By using our Site and agreeing to these Terms, you also agree to the terms of our Privacy Policy. We encourage you to review our Privacy Policy at fresh-hangryjoes.digital.

16. Term and Termination

16.1 Term

These Terms shall remain in full force and effect while you use the Site and services. These Terms constitute the entire agreement between you and Hangry Joe's with respect to your use of the Site and supersede all prior agreements, negotiations, representations, and understandings between the parties regarding the same subject matter.

16.2 Termination by User

You may terminate your account and your agreement to these Terms at any time by contacting us at [email protected] and requesting account deletion. Termination of your account will not relieve you of any obligations or liabilities that arose prior to the date of termination.

16.3 Termination by Company

We reserve the right to suspend or terminate your access to the Site and services at any time, with or without notice, for any reason, including but not limited to your violation of these Terms, suspected fraudulent activity, actions that may harm the Company or other users, or if we discontinue the Site or services. Upon termination, your right to use the Site will immediately cease.

16.4 Effect of Termination

Upon termination of these Terms for any reason: (a) your license to use the Site and services immediately terminates; (b) we may delete your account and all associated data in accordance with our Privacy Policy; (c) any provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

17. Changes to These Terms

Hangry Joe's reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. We will notify you of material changes by posting the updated Terms on our Site with a revised effective date, and, where practicable, by sending a notification to the email address associated with your account.

Your continued use of the Site or services following the posting of updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately cease using the Site and services and, if applicable, close your account.

We encourage you to review these Terms periodically to remain informed of our current policies and practices. The date at the top of this page indicates when these Terms were last updated.

18. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect as if the invalid or unenforceable provision had never been included.

19. Entire Agreement and Waiver

These Terms, together with our Privacy Policy and any other legal notices or policies published by Hangry Joe's on the Site, constitute the entire agreement between you and the Company with respect to your use of the Site and services. They supersede all prior or contemporaneous communications, proposals, representations, warranties, and agreements, whether oral or written, between you and the Company relating to the Site and services.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Hangry Joe's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be made in writing and signed by an authorized representative of Hangry Joe's to be effective.

20. Force Majeure

Hangry Joe's shall not be liable for any delay or failure to perform our obligations under these Terms resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, fire, flood, storm, acts of government, war, terrorism, labor disputes, supply chain disruptions, power failures, internet outages, or actions of third-party service providers. In such events, the Company's obligations will be suspended for the duration of the force majeure event, and we will make commercially reasonable efforts to resume normal operations as soon as practicable.

21. Electronic Communications

By using our Site and creating an account, you consent to receiving electronic communications from Hangry Joe's, including but not limited to order confirmations, receipts, promotional offers, account notifications, and updates to our policies. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe instructions included in our emails or by contacting us at [email protected].

22. Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without the prior written consent of Hangry Joe's. Any attempted assignment in violation of this provision shall be null and void. Hangry Joe's may freely assign or transfer these Terms, in whole or in part, to any affiliate, successor, or purchaser of all or substantially all of the Company's assets, without restriction and without your consent. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

23. No Third-Party Beneficiaries

These Terms are for the sole and exclusive benefit of the parties hereto and their respective permitted successors and assigns. 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.

24. Headings

The section headings used in these Terms are for convenience and reference purposes only and shall not affect the interpretation or construction of these Terms in any manner.

25. Contact Information

If you have any questions, concerns, comments, or requests regarding these Terms of Service, your rights under applicable law, or your interactions with Hangry Joe's, please do not hesitate to contact us using the information below:

We will make every effort to respond to your inquiries within a reasonable timeframe. For urgent matters related to food safety, allergic reactions, or order-related emergencies, please contact us immediately via email at [email protected].