Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website fresh-hangryjoes.click (the "Website") 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 ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue use of our Website and services.

1. Acceptance of Terms

By accessing fresh-hangryjoes.click, creating an account, placing a food order, subscribing to any promotional communications, or otherwise interacting with any feature of our Website, you enter into a legally binding contract with Hangry Joe's. This Agreement is governed by the laws of the United States and the applicable laws of the state in which services are rendered.

You represent and warrant that:

• You are at least eighteen (18) years of age, or the age of majority in your jurisdiction;
• You have the legal capacity and authority to enter into this Agreement;
• You will use our Website and services only for lawful purposes consistent with these Terms;
• All information you provide to us is accurate, current, and complete.

If you are accessing our Website on behalf of a business entity, organization, or other legal person, you represent that you have the authority to bind that entity to these Terms, and references to "you" shall include that entity.

2. Description of Services

Hangry Joe's operates as a food service business providing customers with freshly prepared food products, including but not limited to meals, beverages, snacks, and related food items. Our services may include, without limitation:

• Online Ordering: Customers may browse our menu and place orders for food and beverages via our Website.
• Pickup Services: Customers may place orders online and pick them up at a designated location.
• Delivery Services: Where available, we may offer delivery of food orders to addresses within our designated service area, either directly or through third-party delivery partners.
• Catering and Special Orders: We may offer catering services and accommodations for special dietary requests, subject to availability and advance notice.
• Loyalty Programs and Promotions: We may offer promotional discounts, loyalty rewards, gift cards, or other special offers from time to time, subject to their own specific terms and conditions.
• Informational Content: We provide information about our menu, ingredients, nutritional content (to the extent available), business hours, and contact details.

We reserve the right to modify, suspend, or discontinue any service, feature, or menu item at any time, with or without notice, and without liability to you. Availability of menu items, pricing, and delivery zones may vary and are subject to change without prior notice.

Our Website may contain links to third-party websites, platforms, or services (including delivery partners such as third-party courier applications). We are not responsible for the content, accuracy, or practices of any third-party services. Your interaction with such third parties is governed by their own terms and privacy policies.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Website and services, you agree to:

• Provide accurate, truthful, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access;
• Comply with all applicable federal, state, and local laws and regulations;
• Pay all applicable charges for orders placed through our Website, including taxes and delivery fees;
• Review all order details carefully before confirming a purchase;
• Inform us of any known food allergies or dietary restrictions at the time of ordering — you acknowledge that we may not be able to guarantee allergen-free preparation environments;
• Use our Website only for personal, non-commercial purposes unless expressly agreed otherwise in writing.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities in connection with our Website or services:

• Using our Website for any unlawful purpose or in violation of any federal, state, or local laws or regulations;
• Attempting to gain unauthorized access to our systems, servers, databases, or any connected networks;
• Transmitting any viruses, malware, spyware, or other harmful or destructive code;
• Scraping, harvesting, or otherwise collecting data from our Website without express written permission;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Submitting false, fraudulent, or misleading orders or information;
• Engaging in any conduct that disrupts, damages, or impairs the functionality of our Website;
• Using automated bots, scripts, or other automated means to access or interact with our Website;
• Posting or transmitting any offensive, defamatory, obscene, or otherwise objectionable content;
• Circumventing any security or access control measures implemented on our Website;
• Reselling, redistributing, or commercially exploiting our products or services without authorization;
• Using our Website in any manner that could damage our reputation or business relationships.

We reserve the right to investigate suspected violations of these Terms and, in our sole discretion, suspend or terminate your access to our Website and services, cancel any pending orders, and pursue all available legal remedies.

4. Intellectual Property Rights

All content, materials, and features available on or through our Website are the exclusive intellectual property of Hangry Joe's or our licensors and are protected by applicable United States intellectual property laws, including but not limited to the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable trade secret laws.

This includes, without limitation:

• The Hangry Joe's name, logo, brand identity, slogans, and trade dress;
• All text, images, photographs, graphics, illustrations, videos, and audio content;
• All menu designs, recipes (to the extent protectable), and food presentation concepts;
• All software, source code, database designs, and Website architecture;
• All user interface designs and user experience elements.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Website and its content solely for the purpose of placing orders and using our services as a personal consumer. This license does not permit you to:

• Reproduce, distribute, publicly display, or create derivative works of any Website content;
• Use any of our trademarks, logos, or brand elements without prior written consent;
• Remove or alter any proprietary notices or labels on our content;
• Use our intellectual property for commercial purposes.

Any feedback, suggestions, or ideas you submit to us regarding our products or services may be used by us freely without any obligation of confidentiality, compensation, or attribution to you.

5. Payment Terms

5.1 Pricing and Charges

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices are exclusive of applicable taxes, delivery fees, and service charges unless otherwise stated at checkout. The total amount charged will be displayed prior to order confirmation.

5.2 Payment Methods

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

5.3 Order Confirmation

Placement of an order through our Website constitutes an offer to purchase. An order is not confirmed until you receive a written confirmation from us (via email or on-screen notification). We reserve the right to refuse or cancel any order at our sole discretion, including orders that appear fraudulent, contain errors, or cannot be fulfilled due to availability constraints.

5.4 Cancellations and Refunds

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. Cancellations may be accepted if requested within a very limited time window immediately following order placement and before preparation has begun. If you receive an incorrect order or experience a quality issue, please contact us promptly at [email protected]. We will review each concern on a case-by-case basis and, at our discretion, may offer a partial refund, store credit, or replacement order.

5.5 Taxes

You are responsible for all applicable sales taxes, use taxes, and other governmental charges associated with your purchases. We will collect and remit applicable taxes as required by federal, state, and local law.

5.6 Promotions and Discounts

Any promotional codes, discount offers, or loyalty rewards are subject to their individual terms and conditions, are non-transferable, have no cash value unless stated otherwise, and may be modified or discontinued at any time. We reserve the right to refuse or revoke any promotional offer if we determine it has been obtained or used fraudulently or in violation of applicable terms.

6. Food Safety, Allergens, and Dietary Information

Hangry Joe's takes food safety seriously and strives to comply with all applicable federal and state food safety regulations, including standards set forth by the U.S. Food and Drug Administration (FDA) and relevant state health authorities. However, you acknowledge the following:

• Our kitchen environments may handle common allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, shellfish, and fish. We cannot guarantee that any menu item is entirely free from allergen cross-contamination.
• Nutritional information, where provided, is approximate and may vary based on preparation methods, ingredient substitutions, and portion sizes.
• It is your sole responsibility to inform us of any dietary restrictions, allergies, or medical conditions that may affect your food choices. We strongly recommend that customers with severe allergies exercise caution and consult their healthcare provider.
• Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness.

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE, SERVICES, AND ALL CONTENT THEREIN ARE PROVIDED 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 OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, MENU INFORMATION, PRICING, OR NUTRITIONAL DATA;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT OUR WEBSITE OR SERVERS ARE FREE OF HARMFUL ELEMENTS.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by law.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HANGRY JOE'S, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM ANY FOOD PRODUCTS CONSUMED, INCLUDING ADVERSE REACTIONS, ALLERGIC RESPONSES, OR ILLNESS, WHERE YOU FAILED TO DISCLOSE KNOWN ALLERGIES OR DIETARY RESTRICTIONS;
• DAMAGES ARISING FROM THIRD-PARTY SERVICES, INCLUDING DELIVERY PARTNERS.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE THIRTY (30) DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

These limitations apply regardless of the legal theory under which damages are sought (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. Some states do not allow the limitation of liability for consequential or incidental damages, so the above may not apply to you in its entirety.

9. Indemnification

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

• Your access to or use of our Website or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any content or information you submit, post, or transmit through our Website;
• Your failure to disclose known food allergies or dietary restrictions;
• Any fraudulent, negligent, or willful misconduct on your part.

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

10. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or relating to them or our services shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Hangry Joe's is registered and operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising under these Terms that is not subject to arbitration (as set forth below) shall be brought exclusively in the federal or state courts located in the state of Hangry Joe's principal place of business. You hereby consent to personal jurisdiction and venue in such courts and waive any objection to jurisdiction or venue in such forum.

In matters involving consumer protection, your rights may also be protected under the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce, as well as applicable state consumer protection statutes.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceeding, we encourage you to contact us first to seek an informal resolution. Please email us at [email protected] with a written description of your dispute, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice.

11.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, our Website, or our services (excluding claims for injunctive or equitable relief or claims relating to intellectual property rights) shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction. You and Hangry Joe's each agree that any dispute resolution proceedings will be conducted on an individual basis only.

11.3 Class Action Waiver

11.4 Exceptions to Arbitration

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. Nothing herein shall be construed to prevent either party from filing a claim in small claims court for disputes within such court's jurisdictional limits.

12. Term and Termination

12.1 Duration

These Terms remain in full force and effect for as long as you use our Website or services or maintain an account with us.

12.2 Termination by You

You may terminate your relationship with us at any time by ceasing to use our Website and, if applicable, by requesting the deletion of your account by contacting us at [email protected]. Termination does not relieve you of any outstanding payment obligations.

12.3 Termination by Us

We reserve the right, in our sole discretion, to suspend or terminate your access to our Website and services, cancel pending orders, and remove any associated account, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Fraudulent, abusive, or unlawful activity;
• Failure to make payment for orders;
• Conduct that we believe harms our business, reputation, or other users;
• Our decision to cease operations or discontinue any service.

12.4 Effect of Termination

Upon termination, all licenses and rights granted to you under these Terms will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

13. Changes to These Terms

Hangry Joe's reserves the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page. We may also notify you of significant changes by email (if you have provided one) or by posting a prominent notice on our Website.

Your continued use of our Website or services following the posting of revised Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically. If you do not agree to the revised Terms, you must immediately discontinue use of our Website and services.

14. Privacy Policy

Your use of our Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and share information about you in connection with our services. By using our Website, you consent to the collection and use of your information as described in our Privacy Policy. To the extent applicable, we comply with the requirements of the California Consumer Privacy Act (CCPA/CPRA) for California residents, and the Federal Trade Commission's applicable regulations and guidelines regarding online privacy and data security.

15. Electronic Communications

By using our Website and services, you consent to receiving electronic communications from us. These communications may include order confirmations, receipts, promotional offers, and legal notices. You agree that any agreements, notices, disclosures, or 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 in such communications or by contacting us directly.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed from these Terms if modification is not possible, without affecting the validity or enforceability of the remaining provisions.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision. These Terms shall continue in full force and effect as modified. The parties agree that any severed provision shall be replaced by a valid provision that most nearly reflects the original intent of the parties.

17. Entire Agreement

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

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any term shall be deemed a further or continuing waiver of that term or any other term. These Terms may not be amended by you, and any purported amendment by you shall be void and of no effect.

18. Force Majeure

Hangry Joe's shall not be liable for any failure or delay in performance of its obligations under these Terms caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, civil unrest, labor disputes, supply chain disruptions, utility failures, cyberattacks, or any other cause beyond our reasonable control ("Force Majeure Event"). In the event of a Force Majeure Event, we will provide notice as soon as reasonably practicable and will use commercially reasonable efforts to resume performance.

19. Third-Party Services and Links

Our Website may integrate with or contain links to third-party websites, services, applications, or platforms (including but not limited to payment processors, mapping services, and delivery aggregators). These third-party services are not under the control of Hangry Joe's, and we are not responsible for their content, terms, privacy practices, or actions. The inclusion of any third-party link or integration does not imply our endorsement or affiliation. We encourage you to review the terms and privacy policies of any third-party services you access through our Website.

20. Children's Privacy and Access

Our Website and services are not directed to children under the age of thirteen (13). We do not knowingly collect personal information from children under 13. If you are under 18 years of age, you may only use our Website with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms. If we learn that we have inadvertently collected personal information from a child under 13 without verified parental consent, we will take prompt steps to delete such information.

21. Accessibility

Hangry Joe's is committed to making our Website accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards to the extent reasonably practicable. If you experience difficulty accessing any part of our Website due to a disability or impairment, please contact us at [email protected] and we will endeavor to provide assistance or an alternative means of access.

22. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service or any aspect of our services, please contact us using the information below:

We will make reasonable efforts to respond to all inquiries within a timely manner. For urgent matters related to food safety or order issues, please contact us directly via email and mark your correspondence as urgent.