Terms of Service

Please read these Terms of Service carefully before using the website cafe-hangryjoes.top or any services offered by Hangry Joe's. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be legally bound by these Terms of Service.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Hangry Joe's ("Company," "we," "us," or "our"), the operator of the website located at cafe-hangryjoes.top (the "Website") and the associated food and beverage services provided through or in connection with the Website.

By accessing our Website, creating an account, placing an order for food or beverages, subscribing to any service we offer, or otherwise interacting with our digital or physical services, you acknowledge that:

• You have read and fully understood these Terms;
• You are at least 18 years of age, or if you are a minor, you have obtained valid parental or legal guardian consent;
• You have the legal capacity to enter into this Agreement;
• You agree to comply with and be bound by all provisions set forth herein.

If you do not agree to any part of these Terms, you must immediately discontinue your use of our Website and services. Continued use of the Website following any posted changes to these Terms constitutes your acceptance of those changes.

These Terms apply to all visitors, registered users, and any other individuals or entities who access or use the Website or services in any manner. These Terms are governed by and interpreted in accordance with the applicable laws of the United States and the specific jurisdiction of the state in which Hangry Joe's operates, as further detailed in the Governing Law section below.

2. Description of Services

Hangry Joe's is a food and beverage establishment that offers the following services to its customers:

2.1 Food and Beverage Sales

We offer a curated menu of food and beverages for in-person dining, takeout, and delivery as available. Our menu items, pricing, availability, and hours of operation are subject to change at any time without prior notice. While we strive to maintain accuracy in our online menu representations, menu items and prices displayed on the Website are subject to change.

2.2 Online Ordering

Where available, Hangry Joe's offers online ordering functionality through the Website or affiliated third-party platforms. By placing an online order, you agree to provide accurate, complete, and current information, including but not limited to your contact details, delivery address, and payment information. Hangry Joe's reserves the right to refuse or cancel any order for any reason, including suspected fraudulent activity, inaccurate information, or unavailability of menu items.

2.3 Third-Party Delivery Services

Hangry Joe's may partner with third-party food delivery platforms and services. When you use such third-party platforms to order from Hangry Joe's, you acknowledge that the third party's terms of service and privacy policies will also apply to your transaction. Hangry Joe's is not responsible for the acts or omissions of any third-party delivery service provider.

2.4 Promotional Programs and Loyalty Rewards

From time to time, Hangry Joe's may offer promotional codes, loyalty reward programs, discount campaigns, or special offers. These programs are subject to their own specific terms and conditions, which will be made available at the time of the promotion. We reserve the right to modify, suspend, or terminate any promotional program at any time without liability.

2.5 Digital Content and Communications

Hangry Joe's may offer newsletter subscriptions, email marketing communications, social media engagement, and other forms of digital outreach. Participation in these programs is voluntary and subject to these Terms, as well as our Privacy Policy.

3. User Obligations and Prohibited Activities

By using the Website and services offered by Hangry Joe's, you agree to use them only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the Website.

3.1 User Obligations

You agree to:

• Provide accurate, truthful, and complete information when creating an account, placing orders, or communicating with us;
• Maintain the security and confidentiality of any account credentials, including usernames and passwords;
• Notify us immediately at [email protected] if you become aware of any unauthorized use of your account;
• Comply with all applicable local, state, and federal laws and regulations when using the Website and our services;
• Treat all staff, representatives, and other users with respect and dignity;
• Pay for all orders and services in full and in a timely manner;
• Review the allergen and nutritional information provided before placing any orders, especially if you have food allergies or dietary restrictions.

3.2 Prohibited Activities

You expressly agree that you will NOT:

• Use the Website or services for any unlawful, fraudulent, or deceptive purpose;
• Attempt to gain unauthorized access to any portion of the Website, our servers, databases, or any other system or network connected to the Website;
• Submit false, misleading, or fraudulent orders, reviews, or feedback;
• Harass, threaten, abuse, defame, or discriminate against any employees, contractors, or other customers of Hangry Joe's;
• Scrape, harvest, or collect data from the Website using automated means without our express written permission;
• Upload, transmit, or distribute any malware, viruses, spyware, or other malicious code;
• Use the Website to send unsolicited commercial communications (spam);
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Engage in any activity that disrupts, damages, or interferes with the normal operation of the Website or services;
• Attempt to reverse engineer, decompile, disassemble, or otherwise discover the source code of the Website;
• Reproduce, copy, republish, sell, or exploit any portion of the Website or its content without our express written consent;
• Abuse any promotional code, loyalty reward, or discount offer;
• Use the services to engage in any conduct that is harmful to minors.

Violation of any of the above prohibited activities may result in immediate termination of your account, refusal of service, and/or referral to appropriate law enforcement authorities. Hangry Joe's reserves the right to take any legal action necessary to protect its rights, staff, customers, and business operations.

4. Intellectual Property Rights

All content published and made available on the Website, including but not limited to text, graphics, logos, images, photographs, audio and video clips, data compilations, software, and the overall design and arrangement of the Website ("Intellectual Property"), is the exclusive property of Hangry Joe's or its licensors and is protected under applicable United States intellectual property laws, including but not limited to the Copyright Act (17 U.S.C. § 101 et seq.) and trademark laws enforced by the United States Patent and Trademark Office (USPTO).

4.1 Limited License

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 Website solely for personal, non-commercial purposes. This license does not include the right to:

• Modify or create derivative works based on the Website or its content;
• Use any data mining, robots, spiders, or similar data gathering tools;
• Download or copy any portion of the Website for purposes other than personal, non-commercial use;
• Use the Website or any of its content for commercial purposes without our express written consent.

4.2 Trademarks

The Hangry Joe's name, logo, and all related marks, designs, slogans, and trade names are trademarks or registered trademarks of Hangry Joe's. You may not use any such marks without the prior written permission of Hangry Joe's. Unauthorized use of our trademarks may constitute trademark infringement and unfair competition under applicable law.

4.3 User-Submitted Content

If you submit any reviews, comments, photos, feedback, suggestions, or other content ("User Content") to the Website or through any affiliated platforms, you grant Hangry Joe's a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, reproduce, modify, publish, distribute, and display such User Content in connection with our business operations and marketing activities. You represent and warrant that you own or have the necessary rights to submit such User Content, and that your submission does not violate any third-party rights or applicable laws.

5. Payment Terms

Hangry Joe's accepts various forms of payment for food and beverage orders, as specified at the point of sale or on the Website. By providing payment information, you represent and warrant that the information is accurate and that you are authorized to use the selected payment method.

5.1 Pricing and Taxes

All prices listed on our menu or Website are in United States Dollars (USD) and are subject to applicable sales taxes, service fees, and delivery charges. Tax rates are determined by the applicable local, state, and federal tax laws in effect at the time of your transaction. Prices are subject to change without notice.

5.2 Order Confirmation

An order is not considered confirmed until you receive an order confirmation from Hangry Joe's via email or through the ordering platform. We reserve the right to refuse, modify, or cancel any order at our sole discretion, including in cases of pricing errors, unavailability of items, or suspected fraudulent activity.

5.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally considered final. Refunds or credits may be issued at our sole discretion in cases where an order is incorrect, incomplete, or unsatisfactory due to an error on our part. To request a refund or report an issue with your order, please contact us at [email protected] within 24 hours of receiving your order. Hangry Joe's reserves the right to evaluate each request on a case-by-case basis and deny requests that do not meet our criteria.

5.4 Chargebacks

If you initiate a chargeback with your payment provider without first contacting us in good faith to resolve the issue, Hangry Joe's reserves the right to dispute the chargeback and may suspend or terminate your account. Fraudulent chargebacks may be reported to appropriate authorities.

6. Food Safety, Allergen Disclosure, and Health Disclaimer

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

However, you acknowledge and agree that:

• Our kitchen handles a variety of allergens, including but not limited to peanuts, tree nuts, dairy, gluten, soy, shellfish, eggs, and wheat. Cross-contamination may occur.
• It is your sole responsibility to inform us of any food allergies or dietary restrictions before placing your order;
• Hangry Joe's cannot guarantee that any menu item is entirely free from allergens;
• We are not liable for any allergic reactions or health consequences arising from consumption of our food products, provided that we have taken reasonable steps to communicate allergen information.

If you have severe food allergies, we strongly encourage you to contact us directly at [email protected] before placing your order to discuss your dietary needs.

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND INFORMATION MADE AVAILABLE THROUGH HANGRY JOE'S 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 THE 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 OR INFORMATION PROVIDED ON THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD OR BEVERAGE PRODUCT BEYOND WHAT IS REQUIRED BY APPLICABLE LAW.

YOUR USE OF THE WEBSITE AND OUR SERVICES IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HANGRY JOE'S OR THROUGH THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, HANGRY JOE'S, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL;
• BUSINESS INTERRUPTION;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR WEBSITE OR SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT;
• ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

IN NO EVENT SHALL HANGRY JOE'S'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE 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 UNITED STATES DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Hangry Joe's and its respective owners, officers, directors, employees, agents, affiliates, 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 the Website or services;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any third-party rights, including without limitation any intellectual property, privacy, or proprietary rights;
• Any User Content you submit, post, or transmit through the Website;
• Your fraudulent or intentional misconduct;
• Any dispute between you and any third party arising out of or related to your use of the Website or services.

Hangry Joe's reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with Hangry Joe's in asserting any available defenses.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Hangry Joe's maintains its principal place of business, without regard to its conflict of law provisions.

To the extent applicable, these Terms are also subject to the following federal laws and regulatory frameworks:

• The Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45, governing unfair or deceptive acts or practices in commerce;
• The Electronic Communications Privacy Act (ECPA);
• The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030;
• The California Consumer Privacy Act (CCPA)/California Privacy Rights Act (CPRA), to the extent applicable to California residents;
• All applicable FDA regulations governing food safety and labeling.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the appropriate federal or state courts of competent jurisdiction, and you hereby irrevocably consent to personal jurisdiction and venue in such courts for the purpose of litigating any such action.

11. Dispute Resolution

11.1 Informal Resolution

Before filing a formal legal claim, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website and services by first contacting Hangry Joe's at [email protected] and providing a written description of your complaint. We will make good-faith efforts to respond and resolve the issue within thirty (30) calendar days of receipt of your written notice.

11.2 Binding Arbitration

If the dispute cannot be resolved through informal negotiation within the thirty (30) day period, both parties agree that the dispute shall be finally resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) or an equivalent recognized arbitration body. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding upon both parties.

The arbitration shall take place in the state where Hangry Joe's maintains its principal place of business, unless the parties mutually agree in writing to another location. The costs of arbitration shall be shared equally by the parties, except where applicable law requires otherwise.

11.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO RESOLVE ANY DISPUTES WITH HANGRY JOE'S ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration, without waiving the right to arbitrate the underlying dispute.

12. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Website or any services provided by Hangry Joe's.

12.1 Termination by You

You may terminate your use of the Website and any registered account at any time by discontinuing access to the Website and, where applicable, by submitting a written request to delete your account at [email protected]. Termination does not relieve you of any obligations incurred prior to the date of termination, including outstanding payment obligations.

12.2 Termination by Hangry Joe's

Hangry Joe's reserves the right, at its sole discretion and without prior notice, to:

• Suspend or permanently terminate your access to the Website and services;
• Delete or disable your account;
• Refuse service to any individual or entity;
• Take any other action we deem necessary to protect the integrity of our operations and the safety of our staff and customers.

Grounds for termination include, but are not limited to, violation of these Terms, fraudulent or illegal activity, abusive behavior toward staff or customers, or non-payment for services rendered.

12.3 Effect of Termination

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

13. Changes to 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 to these Terms, we will notify you by:

• Posting the updated Terms on the Website with a revised "Last Updated" date;
• Sending an email notification to the address associated with your account, where applicable;
• Displaying a prominent notice on the Website homepage.

Your continued use of the Website or services after any such modifications constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately discontinue use of the Website and services. We encourage you to review these Terms periodically to stay informed of any updates.

For significant changes that materially affect your rights, we will endeavor to provide at least thirty (30) days' advance notice before the changes take effect. However, changes made to comply with applicable law may take effect immediately.

14. Third-Party Links and Services

The Website may contain links to third-party websites, services, or platforms that are not owned or controlled by Hangry Joe's. These links are provided for your convenience only, and their inclusion does not imply endorsement, recommendation, or any affiliation with those third parties.

Hangry Joe's has no control over and assumes no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. You acknowledge and agree that Hangry Joe's shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, goods, or services.

We strongly encourage you to read the terms and privacy policies of any third-party websites or services you visit.

15. Privacy Policy

Your use of the Website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information in compliance with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, and the FTC Act for general consumer protection. By using the Website, you consent to the collection and use of your personal data as described in our Privacy Policy.

16. Force Majeure

Hangry Joe's shall not be held liable for any failure or delay in performance of its obligations under these Terms if such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, governmental actions, labor disputes, power outages, internet service disruptions, civil unrest, terrorist acts, or any other event of force majeure. In such circumstances, our obligations under these Terms shall be suspended for the duration of the event, and we will use commercially reasonable efforts to resume normal operations as soon as practicable.

17. Severability

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

The parties further agree that a court or arbitrator shall have authority to modify any provision found to be unenforceable to make it enforceable while preserving the intent of the parties to the greatest extent possible.

18. Entire Agreement

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

No waiver by Hangry Joe's of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure by Hangry Joe's to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Electronic Communications and Consent

By using our Website and services, you consent to receiving electronic communications from Hangry Joe's, including but not limited to order confirmations, promotional emails, service updates, and policy notifications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or through the Website, satisfy any legal requirement that such communications be in writing.

You may opt out of marketing communications at any time by following the unsubscribe instructions included in any marketing email or by contacting us at [email protected]. Please note that opting out of marketing communications will not affect your receipt of transactional communications related to your orders or account.

20. Accessibility

Hangry Joe's is committed to ensuring that our Website is accessible to individuals with disabilities in compliance with applicable law, including the Americans with Disabilities Act (ADA). We continually strive to improve the accessibility of our Website and welcome feedback. If you experience any accessibility issues while using the Website, please contact us at [email protected] so that we may address your concerns.

21. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to report a violation, 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, as time-sensitive concerns require prompt attention.