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Effective Date: December 24, 2025
Hungry Hop Incorporated (“Hungry Hop”) operates a digital marketplace platform, known as the Hungry Hop Marketplace 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.
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.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Services provided by Hungry Hop, 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).
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.
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. This arbitration provision shall survive the termination of your relationship with Hungry Hop. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement.
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. 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.
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.
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 and its services, you acknowledge that Hungry Hop is not a provider of transportation, logistics, or delivery services and is not a common or motor carrier. The use of the platform is restricted to registered users of the Hungry Hop Marketplace Platform and is not open to the general public. Any delivery services offered by third-party providers, including drivers, are not actual agents, apparent agents, ostensible agents, or employees of Hungry Hop in any way.
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 an independent third-party driver.
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;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 the Third-Party Provider 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 personnel with respect. Harassment, discrimination, verbal abuse, or physical violence toward Third-Party Providers or delivery drivers 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.
Reviews and Comments. If Hungry Hop makes available to you a feature for commenting or leaving reviews, such comments or reviews must be accurate and truthful. You agree not to submit any defamatory, harassing, or otherwise unlawful or inappropriate comments or reviews. Hungry Hop reserves the right to remove any content that violates its policies or is otherwise deemed inappropriate in Hungry Hop’s sole discretion.
User Feedback. Hungry Hop values your ideas, and in order to protect your rights, you agree not to submit any confidential ideas, information, or suggestions in any form to Hungry Hop or its affiliates. If you do submit any ideas, information, or suggestions, you acknowledge that your submission is voluntary and subject to the following terms: (i) your submission and its contents will become the property of Hungry Hop without any compensation to you; (ii) Hungry Hop will be under no obligation to keep such submission confidential; (iii) Hungry Hop may use and redistribute the submission for any purpose and in any way; and (iv) your submission does not contain any intellectual property rights of a third party.
Network Access and Devices. You are responsible for obtaining the data network access necessary 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, and your payment of the Charges is a condition to receiving the Third-Party Provider Services. Charges paid by you are final and non-refundable, unless otherwise determined by Hungry Hop. All Charges are due immediately and payment will be facilitated by Hungry Hop using the preferred payment method designated in your Account, after which Hungry Hop will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid, or otherwise not capable of being charged, you agree that Hungry Hop may use a secondary payment method, if available, in your Account.
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.
Tips are not mandatory. You may elect to pay a gratuity or tip to any Third-Party Provider or delivery driver who provides services to you through the Services. Tips are paid directly to the Third-Party Provider or driver through our Payment Services. You acknowledge that Hungry Hop does not act as an employer for any Third-Party Provider or delivery driver, and does not have control over or responsibility for any tips.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third-Party Provider or driver vehicles and property resulting from your use of the Services in excess of normal “wear and tear” damages. These fees will be determined by Hungry Hop or a third-party administrator 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.
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. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM SERVICES AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
HUNGRY HOP DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE PLATFORM SERVICES OR ON OTHER SITES OR APPLICATIONS TO WHICH IT LINKS.
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.
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) THE LEGAL THEORY ON WHICH THE CLAIM IS BASED; OR (III) WHETHER SUCH DAMAGES WERE FORESEEABLE. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.
HUNGRY HOP ASSUMES NO DUTY OF CARE AND THE INFORMATION IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUSES OR SIMILAR DISABLING DEVICES. YOU ALONE ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, ADVICE, OR OTHER CONTENT AVAILABLE ON THE PLATFORM SERVICES. ALTHOUGH WE MAKE GOOD FAITH EFFORTS TO MAINTAIN A SECURE OPERATING ENVIRONMENT, WE CANNOT GUARANTEE COMPLETE SECURITY.
BY ACCESSING OR USING THE PLATFORM SERVICES, YOU AGREE TO INDEMNIFY AND HOLD HUNGRY HOP, AND ITS SUBSIDIARIES, COMMUNITY, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT, OR OTHERWISE MAKE AVAILABLE THROUGH THE PLATFORM SERVICES, YOUR USE OF THE PLATFORM SERVICES, YOUR CONNECTION TO THE PLATFORM SERVICES, YOUR VIOLATION OF THE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. YOU FURTHER AGREE TO COOPERATE FULLY IN THE DEFENSE OF ANY SUCH CLAIM. HUNGRY HOP RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
In the event that you have a dispute with one or more Third-Party Providers 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.
The laws of the State of Delaware (Hungry Hop's state of incorporation) shall govern and construe these Terms, without consideration of the choice or conflict of law principles of any jurisdiction, except as outlined in the Arbitration Agreement in Section 2 or in additional terms that apply to your region, or where preempted by federal law or state-specific laws (such as those in California) that mandate otherwise for residents of that state. This Choice of Law provision pertains solely to the interpretation of these Terms and should not be construed as extending any state's law to you in cases where your dispute did not arise in that state.
However, any dispute, claim, or controversy related to incidents resulting in personal injury, including sexual harassment or assault claims, that allegedly occurred while using the Services, whether before or after agreeing to the Terms, shall be exclusively brought in the state or federal courts where the incident occurred, and other courts that may have jurisdiction over the parties and subject matter are not applicable, except as provided in the Arbitration Agreement or in supplemental terms applicable to your region, and to the extent permitted by law. The Choice of Law and Choice of Forum provisions above do not apply to the Arbitration Agreement in Section 2. Please refer to Section 2 for applicable provisions related to such disputes.
Claims of copyright infringement should be sent to Hungry Hop’s designated agent.
Hungry Hop has various methods of giving notice, including a general notice on or through the Services, electronic mail to the email address linked to your Account, a telephone call or text message to any phone number provided in connection with your account, or by written communication sent by first-class mail or pre-paid post to any address associated with your Account. Such notice shall be considered received 48 hours after mailing or posting (if sent by first-class mail or pre-paid post) or at the time of sending (if sent by email, telephone, or text message). Notices to you are considered effective when sent to any phone number, physical or email address you provided in connection with your Account, or when posted on the Services.
The Platform Services (including website, mobile applications, and all related services) contain copyrighted material, trademarks, and other proprietary information. This includes, but is not limited to, all source code, object code, software, algorithms, text, graphics, user interfaces, visual interfaces, "look and feel," video and audio files, photos, and data (collectively, "Content"). All rights in the Platform, the Content, and the selection, coordination, arrangement, and enhancement of such Content are owned by Hungry Hop, its community or affiliated entities, or their licensors, and are protected by United States and international copyright, trademark, patent, and trade secret laws.
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, but is not limited to, copying the web design, mobile app interface, graphics, or code. You are strictly prohibited from:
All rights are reserved regarding common law or registered trademarks, service marks, or tradenames owned by Hungry Hop. All other product and company names mentioned are trademarks of their respective owners. You are prohibited from using or displaying any trademarks, service marks, or logos appearing on the Platform without the express written permission of the respective owner.
By posting, uploading, submitting, or otherwise transmitting any Submissions to us, you grant Hungry Hop a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Submissions for any purpose (commercial or otherwise) without compensation to you.
If you provide Submissions, you agree to provide true, accurate, and complete information and to refrain from impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with any person or entity. Hungry Hop reserves the right to remove or redact any Submissions it deems inappropriate or misleading. Hungry Hop will not be responsible or liable for the contents or accuracy of any information communicated with respect to personally identifiable information in our Privacy Policy or to the extent required by law.
Hungry Hop shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Prior written approval from Hungry Hop is required for any assignment of these Terms. Hungry Hop, on the other hand, can assign these Terms without your consent to a subsidiary or affiliate, an acquirer of Hungry Hop's equity, business, or assets, or a successor by merger. Any attempt by you to assign in violation of this section will be deemed invalid. This Agreement or use of the Services does not create a joint venture, partnership, employment, or agency relationship between you, Hungry Hop, or any Third-Party Provider. If any provision of these Terms is deemed invalid or unenforceable, it will be removed, and the remaining provisions will be enforced to the fullest extent permitted by law. Unless acknowledged and agreed to in writing by Hungry Hop, Hungry Hop's failure to enforce any right or provision in these Terms will not be considered a waiver of such right or provision. The Arbitration Agreement's Severability and Survivability section in these Terms will not be affected by this provision.
