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Effective Date: June 4, 2026
Hungry Hop Incorporated ("Hungry Hop") operates a digital marketplace platform, known as the Hungry Hop Marketplace Platform (the "Platform") (accessible at https://www.hungryhop.com and via the "Hungry Hop" mobile application available on the Apple App Store and Google Play Store), that allows users to find, request, or receive services from third-party providers. These User Terms of Service ("Terms") establish a legal agreement between you ("User" or "Customer") and Hungry Hop regarding your access and use of the Platform Services offered on the Hungry Hop Marketplace Platform.
By accessing the Hungry Hop Platform, you explicitly acknowledge that Hungry Hop is a technology service provider that connects you with independent Third-Party Providers. Hungry Hop is not a restaurant, food preparation entity, grocery store, or transportation carrier. Where your order requires delivery, the physical transportation and delivery of your order is performed by an independent Delivery Partner and its courier network, not by Hungry Hop. Hungry Hop's role with respect to delivery is limited to coordinating the engagement of a Delivery Partner on your behalf through the Platform.
By accessing or using the Platform within the United States and its territories and possessions, you agree to these Terms. It is essential to read and understand these terms before accessing or using the Platform. Please note that the terms "including" and "include" are to be interpreted as "including, but not limited to." By accessing or using the Platform Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.
To ensure clarity regarding responsibilities, the following terms are defined as follows for the purposes of this Agreement:
Hungry Hop may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Please note that this agreement includes provisions that govern the process of bringing claims between you and Hungry Hop, including the arbitration agreement outlined in Section 2 below. We urge you to review the arbitration agreement carefully, as it requires all disputes with Hungry Hop to be resolved on an individual basis through final and binding arbitration, with limited exceptions. By entering into this agreement, you acknowledge that you have read and understood all the terms and have taken the time to consider the consequences of this important decision.
In some instances, additional terms may apply to specific options or offers available through the Services, events, programs, activities, or promotions. Such additional terms will be disclosed to you alongside the relevant option or offer and will be considered a part of the Terms for that particular option or offer. In case of any conflict between these supplemental terms and the Terms, the supplemental terms will take precedence.
Please note that Hungry Hop may modify these Terms periodically. In such cases, we will notify you of the changes, for example, by sending an email, providing a notice through the Services, or updating the date at the top of these Terms. Unless we specify otherwise in our notice, the amended Terms will take effect immediately, and your continued use of the Services after receiving such notice will constitute your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Services.
Hungry Hop's handling of personal information in connection with the Services is outlined in our Privacy Policy, available at https://www.hungryhop.com.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH HUNGRY HOP ON AN INDIVIDUAL BASIS AND LIMITS YOUR RIGHTS TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the Platform, the Platform Services, the Payment Services, any Delivery Services or Third-Party Provider Services arranged through the Platform, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Arbitration Agreement (hereinafter, "Dispute"), shall be resolved by binding arbitration, except for disputes either party elects to pursue in small claims court, or for claims seeking public injunctive relief (which may be brought in court to the extent required by law).
Excluded Disputes (EFAA and Other Statutory Carve-Outs). Notwithstanding anything to the contrary in this Arbitration Agreement, this Arbitration Agreement does not require arbitration of, and does not waive any class, collective, or representative rights with respect to: (i) any dispute alleging conduct constituting sexual assault or sexual harassment, to the extent the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022 (9 U.S.C. §§ 401–402) (the "EFAA") renders a pre-dispute arbitration agreement or pre-dispute joint-action waiver unenforceable at the claimant's election; and (ii) any other dispute that, by applicable federal or state statute, may not be subject to a pre-dispute arbitration agreement. Whether a dispute falls within an exclusion under this paragraph shall be determined by a court of competent jurisdiction, not by the arbitrator. The remainder of this Arbitration Agreement shall remain in full force and effect with respect to all other Disputes.
By agreeing to the Terms, you acknowledge and agree that any Dispute between you and Hungry Hop shall be resolved on an individual basis in arbitration, and not as a class, collective, coordinated, consolidated, mass and/or representative action. This means that you are waiving your right to participate in or bring any class, collective, coordinated, consolidated, mass and/or representative action against Hungry Hop, including but not limited to any claims brought as part of a classwide, collective, coordinated, consolidated, mass and/or representative settlement. You further waive any right to join or consolidate claims with those of any other persons, and no arbitrator shall have authority to conduct any such class, collective, or consolidated proceeding.
The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, unless otherwise mutually agreed upon by the parties. The arbitration shall be conducted by a single arbitrator mutually selected by the parties from a list provided by AAA; if no agreement is reached, AAA shall appoint the arbitrator. The arbitration shall be held in Wilmington, Delaware (Hungry Hop's state of incorporation), or in the county where you reside if required by applicable state law, or via remote means if requested by either party.
Mass Arbitration / Batching Protocol. If twenty-five (25) or more substantially similar arbitration demands are filed against Hungry Hop by or with the assistance of the same law firm, group of law firms, or coordinated counsel within a sixty (60)-day period, the parties agree that AAA's Mass Arbitration Supplementary Rules (or any successor rules) shall apply, and the following batching procedure shall govern in lieu of separate, simultaneous individual arbitrations:
(i) The demands shall be grouped into batches of no more than fifty (50) demands per batch (each a "Batch"), with each Batch assigned a single arbitrator selected by AAA;
(ii) The first two (2) Batches shall proceed as bellwether arbitrations, with no more than ten (10) demands designated by claimants' counsel and ten (10) demands designated by Hungry Hop within each bellwether Batch proceeding to merits hearings;
(iii) Filing fees, administrative fees, and arbitrator compensation for non-bellwether Batches shall be tolled and not assessed by AAA until the bellwether Batches are resolved;
(iv) Following resolution of the bellwether Batches, the parties shall participate in a global mediation administered by AAA before any additional Batches proceed; and
(v) The applicable statutes of limitations for all demands subject to this batching protocol shall be tolled from the date the first demand in the coordinated filing is submitted until either (a) the demand proceeds to merits or (b) the demand is withdrawn.
This batching protocol is a material part of this Arbitration Agreement. If a court or arbitrator determines this batching protocol to be unenforceable, the parties' obligation to arbitrate shall remain in effect, but either party may then elect to litigate the affected demands in a court of competent jurisdiction on an individual basis.
The arbitration shall be conducted in accordance with the Federal Arbitration Act ("FAA") and shall be governed by the laws of the State of Delaware (Hungry Hop's state of incorporation), without regard to its conflict of laws principles, except where preempted by federal law or where state-specific laws (such as those in California) mandate otherwise for residents of that state. The parties agree to reasonable discovery as determined by the arbitrator, consistent with the efficient resolution of the Dispute. The arbitrator's decision shall be final and binding, subject to limited rights of appeal under the FAA.
Hungry Hop shall bear the administrative fees and arbitrator costs of arbitration, except for any filing fee equivalent to what you would pay in court (which you shall pay). Each party shall bear its own attorneys' fees and costs unless the arbitrator awards them pursuant to applicable law.
If, for any reason, a Dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.
Severability and Survival. This Arbitration Agreement shall survive the termination of your relationship with Hungry Hop and the termination of these Terms. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Opt-Out Right. You may opt out of this Arbitration Agreement by providing written notice to Hungry Hop within 30 days of first accepting these Terms or any material amendment, sent to optout@hungryhop.com. Opting out will not affect other Terms. Notice of any material amendment to this Arbitration Agreement will be provided in accordance with the Notice provision in Section 8 and the amendment-notice mechanism in Section 1. This Arbitration Agreement may be amended by Hungry Hop, but amendments shall not apply to Disputes arising before the amendment date unless you consent or fail to opt out within 30 days of notice.
Hungry Hop provides the Platform Services, accessible through various means such as mobile and/or web-based applications ("Applications"), that are personalized and multipurpose. The Hungry Hop Marketplace Platform allows you to discover and access a range of services, such as dine-in, pick-up and/or delivery services from independent third-party providers ("Third-Party Providers"), including but not limited to home-chefs, restaurants, retailers, Cottage food operators, and other sellers (irrespective of any retail license). These services provided by the Sellers are referred to as Third-Party Provider Services.
Additionally, the Platform offers personalized content, including product or service recommendations and advertisements tailored to your preferences and interests, as well as supporting services such as customer support. The Services are intended solely for your personal, non-commercial use.
You acknowledge that Hungry Hop does not independently verify the credentials, claims, or products of Third-Party Providers, the quality or ingredients of any products (where applicable), or whether a Third-Party Provider is in compliance with applicable laws. You explicitly acknowledge that Hungry Hop does not prepare, inspect, handle, or package the food or products sold by Third-Party Providers. Hungry Hop does not verify the compliance of every Third-Party Provider's kitchen (including home kitchens or Cottage food operations) with local health codes in real-time.
You must rely on information provided by Third-Party Providers on the Hungry Hop website or directly from the Third-Party Providers to assess their quality, reliability, and compliance with applicable laws. Hungry Hop does not guarantee the quality of any Third-Party Provider Services or their compliance with applicable laws. Additionally, a Third-Party Provider may make representations about adherence to certain standards, such as "organic," "kosher," "macrobiotic," or "nut-free," "gluten-free," or "lactose-free." However, Hungry Hop does not investigate or verify these claims. Hungry Hop is not liable or responsible for any Third-Party Provider Services offered by Third-Party Providers that are unhealthy, cause injury, or are otherwise unacceptable to buyers or do not meet their expectations. You agree that Hungry Hop has no responsibility or liability for acts or omissions by any Third-Party Provider, including but not limited to: food quality, safety, hygiene, packaging, delivery or compliance with applicable laws.
Hungry Hop relies on Third-Party Providers to provide accurate ingredient and allergen information. We do not guarantee the accuracy of these descriptions. If you have life-threatening allergies or strict dietary requirements, you agree that you are ordering at your own risk. You acknowledge that cross-contamination is possible in Third-Party Provider kitchens and that Hungry Hop is not liable for any allergic reactions or health consequences resulting from your consumption of products.
If you order alcohol or other age-restricted products, you represent and warrant that you are of legal age to purchase and consume such products. You agree to present valid government-issued identification upon delivery. You acknowledge that delivery may be refused if you are intoxicated or fail to provide valid ID, and that no refund will be issued in such instances.
It is your sole responsibility to ensure the accuracy of delivery addresses, and Hungry Hop assumes no liability or responsibility for any erroneous addresses.
By using the Hungry Hop Marketplace Platform, you acknowledge that Hungry Hop is not a provider of transportation, logistics, or delivery services and is not a common or motor carrier. Delivery Services are performed by independent Delivery Partners and their Delivery Partner Personnel, as further described in Section 6. No Third-Party Provider, Delivery Partner, or Delivery Partner Personnel is an employee, actual agent, apparent agent, ostensible agent, subcontractor, or representative of Hungry Hop. The use of the Platform is restricted to registered users of the Hungry Hop Marketplace Platform and is not open to the general public.
You further acknowledge that any safety-related efforts, features, processes, policies, standards, or other undertakings by Hungry Hop in the interest of public safety are not indicative of an employment, actual agency, apparent agency, or ostensible agency relationship with any Third-Party Provider, Delivery Partner, or Delivery Partner Personnel.
Subject to your compliance with these Terms, Hungry Hop grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Hungry Hop and Hungry Hop's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Hungry Hop; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services may include third-party services and content (including advertising) that are not under the control of Hungry Hop. When you click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. Hungry Hop will not alert you that you have left the Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You assume all risks associated with using links to third-party websites and advertisements, as they are not part of the Services and are not controlled by Hungry Hop. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Hungry Hop does not endorse such third-party services and content and shall not be responsible or liable for any products or services provided by such third-party providers.
You agree that the availability of the Applications may depend on the third-party from whom you received the Application's license, such as the Apple iPhone or Android app stores ("App Store"). You acknowledge that this Agreement is solely between you and Hungry Hop and not with the App Store. Hungry Hop is responsible for providing the Services as described in this Agreement. However, if you downloaded the Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of this Agreement. By accepting this Agreement, you acknowledge that Apple has the right to enforce this Agreement against you as a third-party beneficiary. This Agreement includes Apple's Licensed Application End User License Agreement, and you are considered the "end-user" for the purposes of that agreement. If there is a conflict between the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement will prevail.
The Services and all rights therein are and shall remain Hungry Hop's property or the property of Hungry Hop's licensors. Neither these Terms nor your use of the Services conveys or grants to you any rights in or related to the Services except for the limited license granted above.
You agree that you will not use Hungry Hop's trademarks, service marks, or trade dress or any similar names, marks, or trade dress ("Hungry Hop's Marks"), aside from use incidental to your use of the Services, without express, written permission from Hungry Hop. This prohibition on using Hungry Hop's Marks includes, but is not limited to, use in domain names, websites, and social media accounts.
To utilize most of the Services, you must create and maintain an active personal user account ("Account"). To obtain an Account, you must be at least 18 years old or the age of legal majority in your jurisdiction (if different than 18), unless a specific Service permits otherwise. If you have been previously banned from accessing or using the Services, you are prohibited from registering for or maintaining an Account. When registering for an Account, you will need to provide certain personal information, such as your name, address, mobile phone number, and email. For more details regarding how Hungry Hop uses your personal information, please refer to our current Privacy Policy at https://www.hungryhop.com. It is your responsibility to ensure that your Account information, including your phone number, address, and email, is accurate, complete, and up-to-date. Failure to comply with these Terms, including policies and supplemental terms, such as failing to maintain current and accurate Account information, may result in your inability to access or use the Services. You are responsible for all activities conducted through your Account and must maintain the confidentiality of your Account username and password at all times.
Individuals under the age of 18 are not permitted to use the Services. You are prohibited from authorizing third parties to use your Account or allowing persons under 18 years of age to request or receive services from Third-Party Providers unless you are present with them. Your Account may not be assigned or transferred to another person or entity. When accessing or using the Services, you must comply with all applicable laws and use the Services only for lawful purposes. The transportation of unlawful or hazardous materials is strictly prohibited. Your access or use of the Services should not cause nuisance, annoyance, inconvenience, or property damage to any Third-Party Provider, Delivery Partner, Delivery Partner Personnel, or any other party. Proof of age, identity, or other methods of identification may be required to access or use the Services, and your access may be denied if you refuse to provide such information.
You agree to treat Third-Party Providers and Delivery Partner Personnel with respect. Harassment, discrimination, verbal abuse, or physical violence toward any Third-Party Provider or any Delivery Partner Personnel will result in the immediate and permanent suspension of your Account.
To assist us in complying with our insurance and regulatory obligations, you agree to inform us within 24 hours of any incident or accident that occurs during your use of the Services and to provide us with all reasonable information. You also agree to cooperate with any investigation into and resolution of such incidents.
By creating an account with Hungry Hop, you agree that its representatives, affiliates, officers, directors, and subsidiaries may contact you by telephone or text messages, including through an automatic telephone dialing system and/or with an artificial or pre-recorded voice, using any of the phone numbers provided by you or on your behalf, for marketing purposes. You acknowledge that providing this consent is not mandatory for purchasing any goods, services, or property. You also acknowledge that you can choose to stop receiving text messages from Hungry Hop at any time.
You agree that Hungry Hop may contact you using any of the phone numbers you provided in connection with a Hungry Hop account (including via text or voice-recorded message) or your email address in the case of suspected fraud or unlawful activity.
You acknowledge that the Hungry Hop Marketplace Platform is the exclusive method for discovering and transacting with the Third-Party Providers listed on the Services. You agree not to use the Platform Services, or any information obtained through them, to solicit, contact, or hire Third-Party Providers for the purpose of making purchases or arranging services outside of the Hungry Hop Marketplace Platform to circumvent Service Fees or Commission Fees.
Specifically, you agree that you will not:
(i) Request that a Third-Party Provider sell to you directly via their own website, phone, or other channels to avoid Hungry Hop fees;A violation of this section may result in the suspension or termination of your Account.
Hungry Hop may, from time to time, allow users to post reviews, ratings, and comments concerning Third-Party Providers, products, or services made available through the Platform (collectively, "Reviews"). Reviews constitute "Submissions" and are governed by the license grant and other provisions set forth in Section 8 ("Intellectual Property and User Submissions — User Submissions and Feedback"). If you provide a name in connection with a Review, you grant Hungry Hop and its affiliates the right to use that name in connection with the Review under the same license terms.
You represent and warrant that each Review you submit is your own original work, is truthful, and does not violate the rights of any third party. Hungry Hop reserves the right (but assumes no obligation) to screen, edit, refuse to post, or remove any Review at its sole discretion.
You agree not to submit any confidential ideas, information, or suggestions to Hungry Hop or its affiliates in any form. Any ideas, suggestions, concepts, know-how, or feedback you do submit (collectively, "Feedback") constitute "Submissions" and are governed by the license grant and other provisions set forth in Section 8 ("Intellectual Property and User Submissions — User Submissions and Feedback"). You further acknowledge that (i) your provision of Feedback is voluntary and gratuitous; (ii) Hungry Hop is under no obligation to review, use, or respond to any Feedback; and (iii) Hungry Hop has no obligation of confidentiality with respect to Feedback, except as expressly provided in Hungry Hop's Privacy Policy or as required by law.
It is your responsibility to ensure that you have the required data network access to use the Services. Your mobile network's rates and fees for data and messaging may apply if you access or use the Services from your device. You are also responsible for obtaining and maintaining compatible hardware or devices required to access and use the Services and Applications, as well as any updates. Hungry Hop cannot guarantee that the Services, or any part of them, will work on any particular hardware or devices. Additionally, the use of the Internet and electronic communications may cause malfunctions and delays in the Services.
By using the Services, you acknowledge that you may be charged for the goods or services you receive from Third-Party Providers ("Charges"). The prices displayed for the goods on the Services may include retail prices charged by Third-Party Providers and service fees paid to Hungry Hop. Hungry Hop will facilitate payment for the Charges incurred by you for the goods or services obtained through your use of the Services via Payment Services provided by Stripe. Charges will include applicable taxes (calculated via Stripe Tax) and fees such as delivery fees, service fees, product return fees, cancellation fees, and government-mandated fees (such as bag fees) as required by law.
Hungry Hop does not save any user payment information on its Platform. All transactions are processed via Stripe. You acknowledge and agree that you must provide your payment information directly to Stripe each time you make a purchase. You will receive a receipt upon payment. Charges paid by you are final and non-refundable, unless otherwise determined by Hungry Hop.
Payment of Charges will be considered the same as payment made directly by you to the Third-Party Provider. Please note that "Hungry Hop" may appear on your payment records, but it should not be considered the food seller or retailer in any way. By using the website, you are authorizing Hungry Hop and Stripe to transfer your credit card information for processing.
If you wish to dispute any Charge, you must inform Hungry Hop in writing within fourteen (14) calendar days of the Charge taking place, or you waive your right to dispute the amount charged.
Receiving an electronic or other form of order confirmation does not necessarily mean that Hungry Hop or the Third-Party Provider has accepted your order. Hungry Hop and its Third-Party Providers retain the right to accept or decline your order for any reason at any time following receipt of your order. Additionally, we may, without prior notification to you, provide you with less than the quantity you ordered. Prior to accepting your order, Hungry Hop may request additional information or verification.
Hungry Hop reserves the right to change the prices listed on its website at any time. If a product or service is mistakenly listed with incorrect pricing or information due to a typographical error or a supplier error, Hungry Hop can refuse or cancel any orders prior to acceptance. If your credit card has been charged for the purchase but your order is canceled, Hungry Hop will immediately refund the charged amount to your account.
For dine-in reservations, a credit hold may be placed on the customer's account. In the event of a no-show, no refunds will be issued. For all other orders (delivery, pickup, shipping), refunds are subject to the specific policies of the Third-Party Provider and Hungry Hop's discretion. Generally, once an order is prepared or shipped, it is non-refundable. Because Hungry Hop acts only as an intermediary providing Platform Services, we are not obligated to provide refunds for issues related to food quality (e.g., temperature, taste, presentation) provided via Third-Party Provider Services. While we may, in our sole discretion, facilitate a resolution or offer credits as a courtesy, the Third-Party Provider is solely responsible for the quality of the goods provided. All sales are final unless otherwise determined by Hungry Hop. Refunds, credits, replacements, and other remedies relating specifically to Delivery Services (including loss, damage, late or non-delivery, misdelivery, and the condition of goods on arrival to the extent attributable to handling or transportation) are governed exclusively by Section 6 and the claims process of the applicable Delivery Partner, and are not addressed by this Section 5.
Tips intended for delivery drivers or Third-Party Providers are voluntary. You acknowledge that Hungry Hop does not retain any portion of your tip. Tips offered through the Platform for a delivery are passed through to the driver by, or via, the applicable Delivery Partner.
If you cause damage to property that requires repair or cleaning during your use of the Services, Hungry Hop may charge you a fee on behalf of Third-Party Providers. The amount of the fee will be determined by Hungry Hop based on the severity and type of damage. Hungry Hop may verify the damages and require documentation before processing the fee. If the Repair or Cleaning request is verified by Hungry Hop, it may facilitate payment for the reasonable cost of such Repair or Cleaning using a payment method provided by you. Such fees, along with those related to lost and found goods, are non-refundable and will be transferred to the Third-Party Provider, if applicable. In addition, if you fail to comply with these Terms, you may be responsible for Charges related to incomplete transactions arising from your non-compliance.
6.1 Role of Delivery Partners. For orders that include delivery, Hungry Hop arranges fulfillment through an independent Delivery Partner (such as UniHop, LLC). The Delivery Partner, and not Hungry Hop, is responsible for coordinating, dispatching, routing, monitoring, and performing the physical Delivery Services through its independent courier network. Delivery Partner Personnel are not employees, agents, apparent agents, ostensible agents, subcontractors, contractors, or representatives of Hungry Hop, and no employment, agency, partnership, or joint venture relationship exists between Hungry Hop and any Delivery Partner or any Delivery Partner Personnel. The Delivery Partner is responsible for the engagement, classification, supervision, compensation, and insurance of its courier network in accordance with the Delivery Partner's agreement with Hungry Hop.
6.2 No Hungry Hop Liability for Delivery. To the maximum extent permitted by applicable law, and except for liability that cannot be limited or disclaimed under applicable law (including, where applicable, liability for personal injury caused by Hungry Hop's own gross negligence or willful misconduct): Hungry Hop is not a transportation carrier, common carrier, motor carrier, delivery service, or logistics provider, and does not take custody of, handle, transport, or deliver any goods. Hungry Hop shall have no liability for any act, omission, error, delay, loss, damage, theft, spoilage, contamination, misdelivery, non-delivery, injury, death, property damage, motor vehicle accident, physical conduct, or other claim arising out of or relating to Delivery Services, including:
(a) loss, theft, damage, spoilage, contamination, or destruction of food, goods, or packaging while in the custody of any Delivery Partner Personnel;
(b) late, delayed, missed, partial, or non-delivery of any order;
(c) misdelivery to an incorrect address, recipient, or location;
(d) injury, death, or property damage caused by any Delivery Partner Personnel, including motor vehicle accidents and conduct during pickup or delivery;
(e) the condition, quality, temperature, or appearance of goods on arrival to the extent attributable to handling or transportation by any Delivery Partner Personnel;
(f) the conduct, professionalism, hygiene, language, or behavior of any Delivery Partner Personnel;
(g) any data breach, privacy incident, or unauthorized disclosure of your personal information by any Delivery Partner Personnel; and
(h) any failure of a Delivery Partner's technology, API, dispatch system, or tracking functionality.
All such claims are the sole responsibility of the applicable Delivery Partner and/or its courier network. Hungry Hop is not a party to, and assumes no obligations under, the relationship between you and any Delivery Partner Personnel beyond facilitating order placement and payment and forwarding eligible claims as described in Section 6.4.
6.3 Insurance Maintained by Delivery Partners. Hungry Hop requires, by written agreement, that each Delivery Partner cause its courier network to maintain commercially appropriate insurance coverage for the Delivery Services performed, including, at a minimum: (i) commercial auto and Hired and Non-Owned Auto (HNOA) liability; (ii) workers' compensation or equivalent coverage where required by applicable law; (iii) cargo coverage; and (iv) driver-level personal auto liability satisfying applicable jurisdictional requirements. Hungry Hop also requires the Delivery Partner itself to maintain commercial general liability, technology errors-and-omissions, and cyber/privacy liability coverage at the platform-coordinator level. Hungry Hop does not itself insure, and is not the insurer of, any Delivery Services. Recovery for any loss, injury, damage, or claim arising from Delivery Services is to be sought from the applicable Delivery Partner and/or the insurance maintained by the Delivery Partner or its courier network. The specific coverages, limits, and exclusions actually in force at any given time are determined by the Delivery Partner's policies and its agreement with Hungry Hop, and may change.
6.4 Claims and Reporting Procedure. If you experience a problem with Delivery Services, you must report the issue to Hungry Hop through the in-app support tools or by contacting Hungry Hop customer support within the applicable reporting window set forth below (or, if the order was not delivered, measured from the scheduled delivery date):
Reporting within the applicable window is a condition of Hungry Hop's ability to forward your claim to the applicable Delivery Partner under the claim deadlines in Hungry Hop's agreement with that Delivery Partner; reports submitted after this window may be rejected by the Delivery Partner without further recourse from Hungry Hop. The reporting windows in this Section 6.4 do not extend, shorten, or otherwise modify any statute of limitations applicable to claims you may pursue directly against a Delivery Partner or Delivery Partner Personnel as described in Section 6.5. Hungry Hop will, in good faith, forward eligible claims to the applicable Delivery Partner for investigation, review, and resolution under the Delivery Partner's claims process. Any reimbursement, refund, replacement, or credit related to Delivery Services is determined by, and is the responsibility of, the Delivery Partner, and is subject to the Delivery Partner's claims-review process and supporting documentation requirements. As a courtesy, and in its sole discretion, Hungry Hop may issue an account credit or refund pending or in lieu of resolution by the Delivery Partner; doing so creates no obligation by Hungry Hop to do so in any other case and does not constitute an admission of liability by Hungry Hop or by the Delivery Partner.
6.5 Direct Recourse Against the Delivery Partner. Nothing in these Terms limits or waives any right you may have under applicable law to pursue claims directly against a Delivery Partner or any Delivery Partner Personnel for acts or omissions in the performance of Delivery Services. Hungry Hop is not required to pursue claims on your behalf or to assign claims to you; however, upon your reasonable request and to the extent legally permitted, Hungry Hop will provide you with information reasonably necessary to identify the Delivery Partner involved in your delivery so that you may pursue direct recourse if you choose.
6.6 Release for Delivery Matters. In addition to (and not in limitation of) the indemnity and release provisions in Section 7, you agree that any claim, demand, loss, or damages you may suffer in connection with Delivery Services shall be pursued against the applicable Delivery Partner and/or its Delivery Partner Personnel, and not against Hungry Hop. To the maximum extent permitted by applicable law, you release Hungry Hop (and its officers, directors, agents, subsidiaries, joint ventures, affiliates, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Delivery Services, including any acts or omissions of any Delivery Partner Personnel. This release is intended to be construed broadly and applies in addition to the general release in Section 7. If you are a California resident, you expressly waive the protections of California Civil Code §1542 (and any analogous provisions of other state law) with respect to the foregoing release, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
6.7 Delivery Information and Data Sharing. You authorize Hungry Hop to share with Delivery Partners and their Delivery Partner Personnel the order, contact, address, and related information reasonably necessary to dispatch, perform, and confirm delivery, including your name, delivery address, phone number, order details, and special instructions. Delivery Partners are required by written agreement with Hungry Hop to handle such information in accordance with applicable privacy and data-protection laws and to use it solely for performing Delivery Services and related operational, support, claims, fraud-prevention, and legal-compliance purposes, and not to solicit you or market to you outside the Platform.
6.8 Delivery Fees. Delivery charges shown to you at checkout are set by Hungry Hop and may include amounts paid by Hungry Hop to the Delivery Partner together with associated service or convenience charges retained by Hungry Hop. Delivery charges are separate from, and do not constitute, gratuities. The treatment of tips is governed exclusively by Section 5 (Tips).
6.9 Delivery Conditions. Delivery time estimates displayed on the Platform are estimates only and are not guaranteed. Delivery may be affected by traffic, weather, courier availability, distance, order volume, force majeure events, and other conditions outside the control of Hungry Hop and the Delivery Partner. You agree to provide an accurate, complete, and accessible delivery address; to be reasonably available to receive the order at the designated address during the estimated delivery window; and to comply with any age-verification, identification, or signature requirements applicable to the items ordered. Failure to do so may result in a failed delivery, in which case no refund or credit will be issued except (i) as required by applicable law, (ii) as the Delivery Partner determines under its claims process, or (iii) as Hungry Hop, in its sole discretion, elects to issue as a courtesy.
6.10 Survival. This Section 6 survives termination of these Terms with respect to any orders placed prior to termination.
THE PLATFORM SERVICES (INCLUDING THE WEBSITE, MOBILE APPLICATIONS, AND RELATED TECHNOLOGY) ARE PROVIDED "AS IS" AND "AS AVAILABLE." HUNGRY HOP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. IN ADDITION, HUNGRY HOP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE PLATFORM SERVICES, OR THAT THE PLATFORM SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
HUNGRY HOP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD-PARTY PROVIDERS OR DELIVERY PARTNERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS OR DELIVERY PARTNERS IN CONNECTION THEREWITH (THIRD-PARTY PROVIDER SERVICES AND DELIVERY SERVICES), REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
HUNGRY HOP DOES NOT CONTROL, MANAGE, OR DIRECT ANY THIRD-PARTY PROVIDERS, DELIVERY PARTNERS, OR DELIVERY PARTNER PERSONNEL. THIRD-PARTY PROVIDERS AND DELIVERY PARTNER PERSONNEL ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF HUNGRY HOP.
HUNGRY HOP DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE PLATFORM SERVICES. HUNGRY HOP CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HUNGRY HOP DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR AVAILABILITY OF THE CONTENT ON THE PLATFORM SERVICES OR ON OTHER SITES OR APPLICATIONS TO WHICH IT LINKS.
Payment Services Liability: Hungry Hop is not a bank or a money transmitter. We are not liable for any errors, delays, interruptions, or failures in the Payment Services provided by Stripe.
Delivery Services Liability: Hungry Hop is not a transportation carrier, common carrier, motor carrier, or delivery provider. Delivery Services are performed by independent Delivery Partners and their Delivery Partner Personnel. Without limiting any other disclaimer or limitation in these Terms, Hungry Hop is not liable for any errors, delays, interruptions, failures, loss, damage, injury, death, property damage, or other claim arising out of or relating to Delivery Services, all of which are addressed exclusively in Section 6. Your sole recourse for Delivery Services-related issues is through the claims process described in Section 6.4 and, where applicable, directly against the Delivery Partner.
OTHER THAN AS REQUIRED BY APPLICABLE LAW, IF ANY, IN NO EVENT SHALL HUNGRY HOP OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, COMMUNITY, AFFILIATES, LICENSORS, CO-BRANDERS, OR OTHER PARTNERS, AND ANY AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION, OR SERVICES FOR THE PLATFORM SERVICES BE LIABLE TO YOU FOR ANY LOSS, EXPENSE, OR DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, MISUSE OF, RELIANCE ON, OR INABILITY TO USE, THE PLATFORM SERVICES OR THEIR CONTENT. THIS LIMITATION APPLIES REGARDLESS OF:
(I) THE TYPE OF DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, LOSS OF DATA, INCOME, PROFITS OR REVENUE, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY (INCLUDING FOODBORNE ILLNESS OR ALLERGIC REACTIONS), AND CLAIMS OF THIRD PARTIES—EVEN IF HUNGRY HOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES);
(II) HOW IT WAS CAUSED (DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMISSION IN THE CONTENT, BY THE USE, INABILITY TO USE, EXISTENCE OR RELIANCE UPON SUCH CONTENT, INFORMATION OR SERVICES, BY THE USE OR PERFORMANCE OF THE PLATFORM SERVICES, BY THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, BY THE INFORMATION OR SERVICES PROVIDED THROUGH THE PLATFORM SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM SERVICES); OR
(III) THE LEGAL THEORY ASSERTED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).
HUNGRY HOP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PLATFORM SERVICES OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OR DELIVERY PARTNER (THIRD-PARTY PROVIDER SERVICES OR DELIVERY SERVICES), EVEN IF HUNGRY HOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HUNGRY HOP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HUNGRY HOP'S REASONABLE CONTROL.
Aggregate Liability Cap. WITHOUT LIMITING ANY OTHER DISCLAIMER OR LIMITATION IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF, NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND LIMITATIONS, HUNGRY HOP IS FOUND LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM SERVICES, OR YOUR USE THEREOF, HUNGRY HOP'S AGGREGATE LIABILITY TO YOU FOR ALL SUCH CLAIMS, COMBINED, SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR (B) THE TOTAL AMOUNTS YOU PAID TO HUNGRY HOP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS OF EVERY KIND AND NATURE AND DOES NOT APPLY TO: (I) LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW; (II) LIABILITY ARISING FROM HUNGRY HOP'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; OR (III) YOUR INDEMNIFICATION OBLIGATIONS UNDER THESE TERMS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES OR LIABILITY, THIS CAP MAY NOT APPLY TO YOU IN FULL.
YOU ALONE ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, ADVICE, OR OTHER CONTENT AVAILABLE ON THE PLATFORM SERVICES. ALTHOUGH HUNGRY HOP MAKES GOOD FAITH EFFORTS TO MAINTAIN A SECURE OPERATING ENVIRONMENT, IT CANNOT GUARANTEE COMPLETE SECURITY. WARRANTY DISCLAIMERS APPLICABLE TO THE PLATFORM SERVICES ARE SET FORTH EXCLUSIVELY IN THE "DISCLAIMER" SUBSECTION ABOVE.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Platform Services or related services, or with any of these terms of use, your sole and exclusive remedy is to stop using the Platform Services.
You agree to defend, indemnify, and hold Hungry Hop and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Platform Services or services or goods obtained through your use of the Services (Third-Party Provider Services or Delivery Services); (ii) your breach or violation of any of these Terms; (iii) Hungry Hop's use of your Submissions; (iv) your violation of the rights of any third party, including Third-Party Providers or Delivery Partners (or their Delivery Partner Personnel); or (v) your negligence or willful misconduct.
Defense and Control of Claims. Notwithstanding your defense obligations above, Hungry Hop reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In the event Hungry Hop assumes such defense and control:
(a) you shall cooperate fully and in good faith with Hungry Hop's defense of the claim, including providing all information, documents, records, witnesses, and assistance reasonably requested by Hungry Hop. You shall bear your own internal costs of cooperation (such as your time and the time of personnel under your direction). Where Hungry Hop has assumed exclusive defense and control of a claim under this Section, Hungry Hop shall reimburse your reasonable, documented, out-of-pocket third-party costs incurred at Hungry Hop's specific written request, including reasonable travel expenses, third-party document production and copying costs, and reasonable fees of third-party witnesses or experts engaged at Hungry Hop's direction. Reimbursement shall not extend to (i) fees or costs of any separate counsel you elect to retain under sub-paragraph (d) below, (ii) costs incurred without Hungry Hop's prior written request, or (iii) costs that are unreasonable in amount or scope;
(b) Hungry Hop shall have sole authority to direct the defense, including the selection of counsel, the strategy of the defense, and all litigation decisions;
(c) you shall not settle, compromise, consent to the entry of any judgment with respect to, or otherwise dispose of any claim subject to indemnification, in whole or in part, without Hungry Hop's prior written consent, which may be withheld in Hungry Hop's sole discretion;
(d) you may, at your own expense, retain separate counsel to participate in (but not control) the defense, provided that such participation does not interfere with Hungry Hop's control of the matter; and
(e) your indemnification obligations under this Section shall continue in full force and effect, including the obligation to pay all losses, damages, settlements, judgments, and reasonable attorneys' fees and costs (including those incurred by Hungry Hop's chosen counsel), notwithstanding Hungry Hop's assumption of defense and control.
Hungry Hop will not, without your prior written consent (not to be unreasonably withheld), enter into any settlement that imposes a non-monetary obligation on you or that does not include a full release of you from the indemnified claim, except where Hungry Hop fully funds the settlement on your behalf. You shall not, in any event and without Hungry Hop's prior written consent, enter into any settlement or compromise that (i) imposes any liability, obligation, or restriction on Hungry Hop or its affiliates; (ii) requires any admission of fault, wrongdoing, or violation of law by Hungry Hop or its affiliates; or (iii) does not include a complete and unconditional release of Hungry Hop and its affiliates from all liability arising out of the claim.
Notice. You agree to promptly notify Hungry Hop in writing of any actual or threatened claim, demand, or proceeding that may be subject to indemnification under this Section, and in no event later than fourteen (14) calendar days after you become aware of the claim. Failure to provide timely notice shall not relieve you of your indemnification obligations except to the extent Hungry Hop is materially prejudiced by such failure.
In the event that you have a dispute with one or more Third-Party Providers, Delivery Partners, Delivery Partner Personnel, or other users, you release Hungry Hop (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Without limiting the foregoing, the release in Section 6.6 (Release for Delivery Matters) applies to all disputes, claims, and damages arising out of or in connection with Delivery Services, Delivery Partners, and Delivery Partner Personnel.
These Terms are governed by and construed in accordance with the laws of the State of Delaware (Hungry Hop's state of incorporation), without regard to its choice-of-law or conflict-of-laws principles, except (i) as provided in the Arbitration Agreement in Section 2, (ii) as provided in any supplemental terms applicable to your region, (iii) where preempted by federal law, or (iv) where state-specific laws (such as those of California) mandate otherwise for residents of that state. This Choice of Law provision governs only the interpretation of these Terms and shall not be construed to extend the law of any state to a dispute that did not arise in that state.
Notwithstanding the foregoing, any dispute, claim, or controversy arising out of an incident or accident resulting in personal injury, including any claim of sexual assault or sexual harassment, alleged to have occurred in connection with your use of the Services—whether before or after you accepted these Terms—shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.
Subject to the Arbitration Agreement in Section 2 and any supplemental terms applicable to your region, all disputes, claims, and controversies arising out of or relating to these Terms or their breach, termination, enforcement, interpretation, or validity shall be brought exclusively in the state or federal courts located in Wilmington, Delaware (Hungry Hop's state of incorporation), except where venue in the county of your residence is required by applicable state law. The parties consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum.
Notwithstanding the foregoing, any dispute, claim, or controversy arising out of an incident resulting in personal injury, including any claim of sexual assault or sexual harassment, alleged to have occurred in connection with your use of the Services—whether before or after you accepted these Terms—shall be brought exclusively in the state or federal courts of the state in which the incident occurred, except as otherwise provided in the Arbitration Agreement, in supplemental terms applicable to your region, or to the extent prohibited by applicable law.
The Choice of Law and Choice of Forum provisions above do not apply to disputes governed by the Arbitration Agreement in Section 2.
Hungry Hop respects the intellectual-property rights of others and complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). If you believe that material available on or through the Platform Services infringes your copyright, you may submit a written notification ("DMCA Notice") to Hungry Hop's designated agent at the contact information below.
Designated Copyright Agent:
Hungry Hop's designated agent is registered with the United States Copyright Office. The current registration may be searched at https://dmca.copyright.gov.
Required Contents of a DMCA Notice. To be effective under 17 U.S.C. § 512(c)(3), your DMCA Notice must include substantially the following:
Counter-Notification. If you believe that material you posted to the Platform Services was removed or disabled by mistake or misidentification, you may submit a counter-notification to the designated agent containing the elements set forth in 17 U.S.C. § 512(g)(3).
Repeat-Infringer Policy. Consistent with 17 U.S.C. § 512(i), Hungry Hop has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the Accounts of users deemed to be repeat infringers.
False Claims. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees.
Notices from Hungry Hop to You. Hungry Hop may give notice to you by any of the following methods: (i) a general notice on or through the Services; (ii) electronic mail to the email address linked to your Account; (iii) telephone call or text message to any phone number provided in connection with your Account; or (iv) written communication sent by first-class mail or pre-paid post to any address associated with your Account. A notice from Hungry Hop to you is deemed received forty-eight (48) hours after mailing or posting (if sent by first-class mail or pre-paid post) and at the time of sending (if sent by email, telephone, or on or through the Services).
Notices from You to Hungry Hop. The required method for sending notice to Hungry Hop depends on the category of notice, as set forth below. A notice sent by an incorrect method or to an incorrect address is not deemed received; Hungry Hop may, but is not obligated to, treat a misdirected notice as received and route it internally to the appropriate channel as a courtesy.
(a) Routine Notices (Email Permitted; Email Preferred). The following categories of notice may be sent to Hungry Hop by email to support@hungryhop.com:
(b) Designated-Channel Notices (Email Only to the Specified Address). The following categories of notice must be sent to the specific email address designated for that category. Postal mail may be used only as a courtesy duplicate and does not by itself satisfy the notice requirement:
(c) Legal Notices (Postal Mail Required). The following categories of notice must be sent by first-class mail, certified mail (return receipt requested), or recognized overnight courier (such as FedEx or UPS) to Hungry Hop's registered agent for service of process at the postal address below. Email is not a valid method of delivery for these notices:
Hungry Hop's Contact Information.
Address for Service of Process and Legal Notices:
Designated Email Addresses:
Deemed-Received Rule for Notices from You to Hungry Hop. Notices from you to Hungry Hop are deemed received as follows:
Conflicts. If any specific notice provision elsewhere in these Terms conflicts with this Notice provision (such as the Arbitration opt-out in Section 2, or the DMCA notice procedures earlier in this Section 8), the specific notice provision controls.
Ownership of the Platform and Content. The Platform Services (including the website, mobile applications, and all related services) contain copyrighted material, trademarks, and other proprietary information, including all source code, object code, software, algorithms, text, graphics, user interfaces, visual interfaces, "look and feel," video and audio files, photographs, and data (collectively, "Content"). All rights in the Platform, the Content, and the selection, coordination, arrangement, and enhancement of the Content are owned by Hungry Hop, its affiliated entities, or their licensors, and are protected by U.S. and international copyright, trademark, patent, and trade-secret laws.
Restrictions on Use. In addition to, and without limiting, the restrictions in Section 3 ("Restrictions"), you may not modify, reproduce, copy, distribute, transmit, display, publish, sell, license, create derivative works of, or use any aspect of the Platform Services or its Content for commercial or public purposes. This restriction includes copying the web design, mobile-application interface, graphics, or code. You are further prohibited from:
Trademarks. All rights are reserved with respect to common-law and registered trademarks, service marks, trade names, logos, URLs, domain names, and icons appearing on the Platform Services (collectively, "Marks"). The Marks are owned by Hungry Hop, its affiliated entities, or their licensors. Nothing on the Platform Services grants you any right or license to use any intellectual property—including business methods, processes, or Marks—without Hungry Hop's express written permission.
User Submissions and Feedback (Canonical Clause). This subsection governs all user-generated content, reviews, ratings, comments, ideas, suggestions, concepts, know-how, techniques, and other materials submitted to Hungry Hop by any means (collectively, "Submissions"). Cross-references in Section 4 ("Reviews and Comments" and "User Feedback") incorporate this subsection by reference. In the event of any conflict between this subsection and any other provision of these Terms concerning Submissions, this subsection controls. All Submissions are made on a non-confidential basis.
Hungry Hop is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemics or public-health emergencies, internet or telecommunications outages, and shortages of transportation facilities, fuel, energy, labor, or materials.
Assignment. You may not assign or transfer these Terms, in whole or in part, without Hungry Hop's prior written consent. Hungry Hop may assign these Terms without your consent to a subsidiary or affiliate, to an acquirer of Hungry Hop's equity, business, or assets, or to a successor by merger. Any purported assignment by you in violation of this section is void.
Relationship of the Parties. These Terms and your use of the Services do not create a joint venture, partnership, employment, or agency relationship between you and Hungry Hop, any Third-Party Provider, any Delivery Partner, or any Delivery Partner Personnel.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be severed, and the remaining provisions shall be enforced to the fullest extent permitted by law. Notwithstanding the foregoing, the severability and survival provisions in Section 2 (Arbitration Agreement) and Section 6.10 (Survival) are not affected by this paragraph and govern severability and survival within their respective scopes.
No Waiver. Hungry Hop's failure to enforce any right or provision of these Terms is not a waiver of that right or provision unless acknowledged and agreed to in writing by Hungry Hop.
Survival. Sections 2 (Arbitration Agreement), 6.10 (Survival), 7 (Disclaimers; Limitation of Liability; Indemnity; Release), and the Choice of Law, Choice of Forum, and Notice provisions of this Section 8 survive termination of these Terms.
Entire Agreement. These Terms, together with any supplemental terms expressly incorporated by reference, constitute the entire agreement between you and Hungry Hop regarding the Services and supersede all prior or contemporaneous agreements, communications, and understandings on that subject.
