Consumer Terms of Use.

 

Last Updated 3/3/2018

 

These Terms of Use (Terms) are a contract between you and Hungry Tab LLC for customers in the United States, (Hungry Tab or we) can govern your access to and use of any Hungry Tab website, Hungry Tab offer or content, or products and/or services made available through domains managed by hungrytab.com (collectively, the Site). Please read these Terms carefully before accessing and using the Site or these services or offers.

 

  1. CONSUMER TERMS OF USE.

 

a.            Acceptance of Terms. By accessing and/or using the Site in any manner, including but not limited to visiting or browsing the Site, you accept and agree to be bound by these Terms, as well as our Privacy Policy, which can be found at https://hungrytab.com/privacy-policy/ and is incorporated by reference as if fully set forth herein, just as if you had agreed to them in writing. If you do not agree to these Terms, do not use the Site or Services being offered.

 

    1. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT UNDER CERTAIN CIRCUMSTANCES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Hungry Tab LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

    1. Eligibility. By using the Site, you represent and warrant that you are at least 18 years of age or older. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. A TAB may be assigned to a Minor by an Adult deemed a supervisor or personal guarantor under limited situations. The availability of all or part of this Site may be limited based on demographic, geographic, or other criteria as we may establish from time to time. You understand and agree Hungry Tab may disallow you from signing up to Hungry Tab or may terminate your account at any time based on these criteria. Please read below about purchased Tab terms.

 

    1. Amendment of Terms. Hungry Tab may amend the Terms from time to time. You agree that you will review these Terms, which can be found at https://hungrytab.com/TOC periodically. You may be required to accept or agree to show your consent to an amended version of these Terms; otherwise, unless we provide a delayed effective date, all amendments will be effective upon posting of such amended Terms on the Site. You are free to decide whether or not to accept any amended version of the Terms, but your continued access to or use of the Site after an amendment becomes effective constitutes your consent to be bound by the Terms, as amended. Your use of the Site will be subject to the version of the Terms in effect at the time of use.

 

    1. Additional Terms. In addition to these Terms, when using particular plans, offers, promotions, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, promotion, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.

 

2.            Hungry Tab PLATFORM.

 

a.            Hungry Tab Platform. Hungry Tab is a system that manages the Presale of goods and services to customers of a specific advertised Merchant(s) offers. Customers who enroll and purchase a Hungry Tab entitles said customers to purchase deals offered and prepared by restaurants, food service providers, and Chefs that partner with Hungry Tab (Merchants) at offers designed to be below market rates. Through the Hungry Tab Site you can learn about such offers submitted by Merchants who are selling their products and services. Hungry Tab itself is not a restaurant, food service provider or reseller of goods and does not own, operate or control any of the restaurants or offers of food services facilities accessible through the Site.

 

    1. Hungry Tab is not responsible for the preparation, safety, or quality of any meals offered by its Merchants, or for verifying the accuracy of any descriptions or representations made by Merchants regarding their ingredients or Deals. Hungry Tab is not responsible for the safety or accessibility of any Merchants premises, or for the compliance by Merchants of any applicable taxes, laws or regulations. Hungry Tab is not responsible for the ingredients, the quality of the ingredients or the preparation of the ingredients.

 

    1. Hungry Tab point systems. The Hungry Tab system may in the future offer to its customers a number of points for purchases.

 

    1. Tab Plans.

 

i.                Hungry Tab currently offers customers the ability to pre-purchase a Merchants offer at participating merchant locations for a fixed fee. This Fee covers the customers use of the Tab at the Merchants participating facility only. The Merchants set the daily, weekly or periodic rules of engagement within a Merchant Service Contract on the Hungry Tab platform. These rules may outline the quantity of offers, discounts, limits, etc. in which You the customers agree to as part of this TOC in order for that Tab to be purchased.

 

      1. Hungry Tab may also offer a Pool Tab which may permit you to participate in Tab offers across multiple Merchants. Tabs cannot be interchangeable without acceptance by Merchants in advance. Pool Tab are only available at Participating Merchants in the Pool Plan, not to be confused with Merchants in Exclusive Tab offers unless otherwise disclosed prior to your purchase selection. A Pool Tab shall carry the same terms of conditions as a Hungry Tab but offer more Merchants.

 

      1. Hungry Tab may also offer a number of other enrollment Plans, including special promotional plans or seasonal Tab with differing conditions and limitations. We reserve the right to modify, terminate, supplement, or otherwise amend our offered enrollments Plans.

 

      1. Hungry Tab may also extend monthly Tab via 3rd party Brokers who may finance the monthly payments on the Merchants behalf. Those prepaid Tab are paid for in advance by the Broker, and you are entering into an agreement to finance the total amount due for the Tab with that Brokers terms and fees. Hungry Tab does not finance any part of the offer; it is between you and the Broker or Merchants. Failure to pay the Brokers offer may constitute a forfeiture of your Tab eligibility.

 

    1. Hungry Tabs that a customer purchases provide the customer with eligibility to purchase at a discount the Deals available within the Tab rules. The customer may only use a Tab at Merchant(s) available on our platform. If a customer purchases both an Exclusive and Pool Tab then under the terms of each plan, the customer may be entitled to receive 2 meals at the same Merchant if that Merchant was offering both plans i.e., one meal at breakfast time and one meal at lunch time. Hungry Tab reserves the right to change from time to time the number of Eligible Tab a customer can reserve per cycle, enrollments Plan, geographic location, Merchant availability or otherwise.

 

    1. Merchant and Meal Availability and Allocation. Hungry Tab makes no guarantee about the availability of particular Merchants, Deals, menu choices or other inventory, and availability may change over time, including during the course of any given enrollment cycle (defined in Section 3(a) below). The Tab entitles you to the Offer within the set period of time that a Merchant makes such offer available to Customers.

 

    1. Tab Modifications. Merchants are prohibited from altering or modifying Hungry Tab offers once released for sale.  Modifications, substitutions and any other changes or requests for changes are strictly forbidden and may result in a termination of your Hungry Tab if you choose to ignore the offer rules.

 

    1. Meal Quality. Hungry Tab makes no guarantee regarding the quality of any meal offered by Merchants. For clarity: Hungry Tab does not sell food, it only facilitates the sale of Tabs that can be redeemed or used within the Tab rules towards food or Merchants offers.

 

    1. Consumption of Meals. As a Hungry Tab customer you must use or lose your Hungry Tab for meals only at the Merchant(s) facilities. It is a breach of your Hungry Tab terms to share a Hungry Tab meal for use by any third party (including a friend or other Hungry Tab customer, see 2(n) below), and Hungry Tab or its Merchants reserves the right to charge you the full retail price charged by Merchant for any such meal you had obtained through misuse of the Tab.  Any other deals offered in connection with a Hungry Tab Plan have no specific cash value, and do not rollover to future enrollments if not used. If you terminate a Tab before the Deadline, you may not have the opportunity to reserve another Tab before the Deadline. A Tab will being to expire when the consumer initiates the first proof of purchase.

 

    1. Gifts and Promotions. From time to time we may make available Tabs for Hungry Tab customers, or other types of promotions or promotional plans (including through the use of promotional codes or those provided as part of a third party promotion). Tabs and promotional plans may only be redeemed as described, and may be subject to additional or different terms. Unless otherwise expressly communicated to you in connection with your redemption, Tabs and promotional plans are (i) only available to customers that have never had a Hungry Tab account terminated before, and (ii) may only be redeemed once per Merchant. Hungry Tab has the right to charge your Payment Method the full retail value of any Tabs, Deals, or promotional offers that is redeemed by you more than once, or otherwise than as described in the specifics of the plan.

 

    1. Hungry Tab Data Storage: Hungry Tab in connection with its own POS or that of a 3rd Party POS system (Point of Sale) reserves the right to capture, store, review, and qualify your transaction as a Proof of Purchase. The use of the Tab or Tab is your acceptance to the data we collect on your purchases as they are conducted within the terms of this agreement. If you wish to have your buying history deleted, you can make the request in writing to Support@HungryTab.com, knowing that the Transaction ID in connection with the Tab can never be deleted within the Hungry Bits or associated BlockChain.

 

    1. Holidays. We observe a limited number of holidays each year. For a current list of observed holidays (each a Holiday) please review: https://www.hungrytab.com/faq.  On some Holidays, you may not be able to use a Tab at a Merchants site. Occasionally, multiple Holidays will be included in a given 30-day billing cycle. During these cycles it is possible that the maximum number of Tab a Merchant offers can become limited due to high volume. You will not receive a refund for any of your Tab during any such Holidays. You may not be able to purchase multiple Deals on those days if you own more than one Tab for that same Merchant.

 

    1. Local Taxes. The rate and currency for the actual Deals and for taxes and fees may vary city by city. The Merchant city will determine if you are charged taxes or fees per meal, not Hungry Tab. There are no refunds for using Hungry Tab if the Merchant city requires them to assess taxes on your meal regardless of the discount incurred for using the Tab. For Eg.: if a Meal at retail value costs $10 and the Tax applied was $.08 Cents, you may be required to pay the full tax on the retail value.  Hungry Tab does not monitor or manage the tax laws for Merchants and Customers.

 

    1. Use of Hungry Tab. Your Hungry Tab login and enrollment are personal to you and not for the use or benefit of any third party, and you agree not to share your account with anyone else, or to create more than one account to defraud a Merchant. Customers cannot transfer or gift Deals to third parties, including other Hungry Tab customers. If a Merchant suspects you of violating the Tab rules, they can deny your right to redeeming Tabs at their facility. Hungry Tab may not be used for commercial purposes unless otherwise agreed upon in writing. To use your Hungry Tab within a Merchants facility you must have access to the Internet or access to your Mobile Number used during enrollment. We continually update and test various aspects of the Hungry Tab platform. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right to notify you via mobile or SMS if required by our platform or our 3rd party vendors.

 

3.            BILLING

 

a.            Enrollments cycles.  Your Hungry Tab enrollment starts on the date that you perform your first Proof Of Purchase for any enrollment Plan. When you submit payment for your Hungry Tab this is not considered the Proof Of Purchase used to initiate the start date of your Tab. Unless we otherwise communicate a different time period to you at the time of signup, your initial Hungry Tab enrollment Plan cycle (enrollment cycle), and any subsequent enrollment cycles, will begin on the date you make your 1st Proof of Purchase and end on the day following the end of your last enrollment cycle start date period. Upon the end of each enrollment cycle, your enrollment will NOT automatically renew for another enrollment cycle, and we will NOT without further authorization from you, bill your Payment Method for other enrollment cycles, unless and until your enrollment is canceled or terminated. (For example, if you purchase a Hungry Tab Annual Tab on March 5, your enrollment will automatically expire 1 year later on March 4; if you purchase a Hungry Tab 30-Day Tab on April 4, your enrollment will automatically expire 30 days later, on May 3). You may not have another Tab available at the end of your current Tab as they may have expired pursuant to the terms of the offer or sold out.  Your enrollment cycle is determined by the Tab rules not the number of Deals purchased as part of the Tab. If you cancel your Tab mid-plan you will not be reimbursed for any unused Tabs and for the time left on a Tab it will remain available in your account until the expiration date.

 

    1. Billing. Hungry Tab charges you the full amount of the Tab upon checkout. Fees and taxes may be added to your Tab purchase (to be determined based on the Regulatory and Merchant Processing rules).

 

    1. Cancellation. You may cancel your purchase at any time prior to your first PROOF OF PURCHASE. For a cancellation to be effective email Support@HungryTab.com with Cancel My Tab in the subject line and the phone number used upon enrollment, wait for confirmation, or access My Account from the Hungry Tab dropdown.  Any cancellation after you have made your First Proof of Purchase will be considered invalid and you will continue to have access to your Tab through the end of your current prepaid billing period. If you do not agree, you can submit a ticket to Support@HungryTab.com and have all the transactions billed back to you at Full Retail value plus penalties for loss of Tabs; you waive the right to a full refund and can be subject to 20% service fee for handling any Tab that has been used at least once.

 

    1. Reaffirmation of Authorization. Your non-cancellation or continued participation in a Plan reaffirms that we are authorized to charge your Payment Method for that Tab Plan. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you if your method of payment should fail or be declined. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected the enrollments Plan.

 

    1. Tab Changes. You may change your current Plan to a different Plan by i) emailing Support@HungryTab.com with Change My Tab in the subject line. Requests to change your Plan must be received at least 7 days prior to the end of your next enrollment cycle.

 

    1. Payment Method. If your Payment Method fails, Hungry Tab will lock you out of your Tab offers until you email Support@Hungry Tab.com and a Hungry Tab representative contacts you and is able to input your new Payment Method information. (Please do not send credit card or bank account information to Hungry Tab through email.) If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not contact us with your Payment Method information or cancel your account in accordance with Section 3(c), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, and/or to charge another credit or debit card that remain listed on your account, if any, for any uncollected amounts. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.

 

    1. Refunds. Generally, our fees (including the fee for your enrollments and any other fees) are nonrefundable, except that we will provide a refund to customers for their current prepaid Tabs in the following circumstances: (i) if you are canceling your Tab and request a refund before your initial proof of purchase or (ii) if your Tab is made unavailable for 50% or more of a period for which you have incurred a charge. In each case we reserve the right to charge a fee to recover the cost of any Tabs issued, including meals eaten or other services you may have used prior to your cancellation. We are unable to refund your purchase if you consumed more than the original cumalitve cost of the issued Tab transactions.

 

    1. Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicated otherwise, any price changes to any Tab will take effect immediately upon notice communicated through a posting on the Hungry Tab Site or such other means as we may deem appropriate from time to time, such as email or sms. This may affect a Tab purchased prior to any such price change.

 

    1. Taxes and fees. Taxes and fees for Tabs may not be charged on all Tabs, but our restaurant partners reserve the right to collect from you any taxes and fees incurred by your use of the Tab. In most cases, any such taxes and fees will be similar to the taxes one would pay at any other restaurant in the cities in which Hungry Tab is offered.

 

    1. OTHER FEES; from time to time we may need to adjust our pricing to meet business requirements. All advertised offers are subject to change.

 

    1. Fees We Charge. Your Hungry Tab fee covers your access to the platform and the purchase of Hungry Tab offers. Hungry Tabs as explained above may have their own Fees outside of the purchase you make for the Tab itself with Merchants. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign-up fee, late cancellation fee, or processing fees, etc) and to change the amount of any such fees at any time. If you choose to purchase any of these offerings, you will be responsible to pay the applicable fees in addition to your Tab fee.

 

4.            TERMINATION OR MODIFICATION BY Hungry Tab.

 

a.            Termination or Modification. You understand and agree that, at any time and without prior notice Hungry Tab may (1) terminate, cancel, deactivate and/or suspend your Tab account, any offers being promoted, or your access to or use of the Site (or any portion thereof) and/or (2) discontinue, modify, alter, or introduce any aspect, feature or policy of the Site or your enrollments. This includes the right to terminate or modify any Tab prior to the end of any pre-paid or committed period. Upon any such termination, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Upon any such termination by us without cause, as your sole recourse, we will issue a refund for the difference between the Tab purchase price and the original transaction purchase price(s). Hungry Tab has no method to refund funds paid directly to a Merchant due to the initial Proof Of Purchase (less any fees or costs for meals or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of the Site or Tab rules, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Hungry Tab will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your Tab and return the Tabs.

 

    1. Infringing or Fraudulent Activity. Hungry Tab does not permit copyright infringing activities and reserves the right to terminate access to the Site and remove all content or profile data submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site or Tab and any such activity may be referred to the appropriate law enforcement authorities. This may include Friendly Charge Back attempts that you make with false claims for purchases or transaction using the TAB or Credit Card. You agree that We will provide transaction date and times along with Video clips at the POS if available to law enforcement.

 

5.            CERTAIN ELIGIBILITY CRITERIA; REGISTRATION INFORMATION AND TabWORD; SITE ACCESS.

 

a.            Eligibility Criteria. As stated above, the availability of all or part of our Site may be limited based on demographic, geographic, or other criteria as we may establish from time to time. You understand and agree we may disallow you from buying from Hungry Tab or may terminate your Tab at any time based on these criteria. The right to access the Site is revoked where these Terms are not in compliance with any laws, rules and regulations applicable to you or use of the Site is prohibited, or to the extent any offering, sale or provision in connection with the Site conflicts with any applicable law, rule or regulation.

 

    1. THESE TERMS ARE ONLY APPLICABLE TO USERS IN THE U.S. AND SEPARATE TERMS APPLY TO USERS IN OTHER JURISDICTIONS. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY Hungry Tab. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF EITHER THE UNITED STATES OR A NON-RESIDENT WITH GOOD LEGAL STANDING TO STAY IN AND TRANSACT BUSINESS IN THE U.S. AND ITS TERRITORIES, WHO HAS NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.

 

    1. Corporate account or Organizations. If you are using or opening an account on behalf of a company, entity, or organization (Organization), then you represent and warrant that you are an authorized representative of that Organization with the authority to bind such Organization to these Terms, and further agree to be bound by these Terms on behalf of such Organization.

 

    1. Account Information. You agree that the information you provide to Hungry Tab at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you may be asked to create a password and verify identity. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile phone, and you agree to accept responsibility for all activities that occur under your account.

 

6.            PRIVACY.

 

Your privacy is important to Hungry Tab. Hungry Tabs Privacy Policy, which can be found at https://hungrytab.com/privacypolicy, is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to Hungry Tabs collection, use, and disclosure of your personal information. When you make a selection to finance a Tab the applicable Merchant Broker or partner will have access to certain information about you, such as your name, so it can provide services to you, and communicate with you regarding the Tab. Please see the Privacy Policy for more information.

 

7.            PROHIBITED CONDUCT.

 

You promise not to:

 

a.            Harass, threaten, or defraud users, customers or staff of Hungry Tab or Merchants;

b.            Make unsolicited offers, advertisements, proposals, or send junk mail or spam to users;

c.            Impersonate another person or access another users account with or without that persons permission;

d.            Share your Hungry Tab account information (including but not limited to passwords) with any third party (including but not limited to other Hungry Tab customers) or encourage any other user to do so;

e.            Permit third parties to use your Tab under your own enrollments, including other Hungry Tab customers;

f.             Attempt to redeem any Tabs, promotional plan, or promotion more than once or otherwise than as described;

g.            Cancel any Hungry Tab Deals directly with a Merchant, rather than through the Hungry Tab Site; Merchant cannot cancel a Tab;

h.            Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;

i.              Upload material (e.g. virus) that is damaging to computer systems or data of Hungry Tab or users of the Site;

j.              Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or

k.            Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.

 

8.            PROHIBITED USES.

 

As a condition of your use of this Site or Tab you agree that you:

 

a.            Will not use the Site for any purpose that is unlawful or prohibited by these Terms;

 

    1. May not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair the Site or interfere with any other partys use and enjoyment of the Site;

 

    1. May not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;

 

    1. May not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;

 

    1. May not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;

 

    1. Will not modify the Site or Tab in any manner or form, nor use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site; and

 

    1. Will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass any robot exclusion headers our Site may contain or any other measures we may use to prevent or restrict access to the Site.

 

9.            USER SUBMISSIONS OF REVIEWS.

 

a.            General. The Site may provide certain features which enable you, us, and other users to submit, post, and share reviews and other content or materials. These submissions may include without limitation identification of restaurants, Deals, and text, graphic and pictorial works, or any other content submitted or ordered by you and other users through the Site (User Submissions). User Submissions are displayed for informational purposes only and are not controlled by Hungry Tab. Hungry Tab does not and cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Hungry Tab are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.

 

    1. Right to Remove or Edit User Submissions. Hungry Tab makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Hungry Tab complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see our Digital Millennium Copyright Act Policy in Section 10, below).

 

    1. License Grant by You to Hungry Tab. You retain all your ownership rights in original aspects of your User Submissions and Tabs purchased. By submitting User Submissions to Hungry Tab you hereby grant Hungry Tab and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the Hungry Tab Licensees) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, embellish, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Hungry Tabs (and its successors) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed. While we respect and honor everyones freedom of speech, hateful or harmful comments are never acceptable.

 

    1. Hungry Tab takes no responsibility and assumes no liability for any User Submissions.

 

    1. Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Hungry Tab does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST Hungry Tab WITH RESPECT THERETO.

 

    1. Feedback. If you provide Hungry Tab with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (Feedback), Hungry Tab shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Hungry Tab a perpetual, irrevocable, non exclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

 

10.          DIGITAL MILLENNIUM COPYRIGHT ACT POLICY.

 

Hungry Tab has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act, the text of which may be found at http://lcweb.loc.gov/copyright/legislation/dmca.pdf. The address of the Designated Agent to Receive Notification of Claimed Infringement (Designated Agent) is listed at the end of this policy.

 

Procedure for Reporting Copyright Infringement:If you believe that material or content residing on or accessible through our Companys websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

 

a.            A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

 

    1. Identification of works or materials being infringed;

 

    1. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;

d.            Contact information about the notifier including address, telephone number and, if available, e-mail address;

 

    1. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

 

    1. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

 

Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at legal@HungryText.com or at  support@hungryTab.com.

 

11.          OWNERSHIP; PROPRIETARY RIGHTS.

The Site is owned and operated by Hungry Tab LLC,a wholly owned subsidiary of Hungry Tech Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Hungry Tab (Materials) are protected by the copyright, patent, and trademark laws of the United States, Canada, the United Kingdom, Australia, France, and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of Hungry Tab LLC or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Hungry Tab or its affiliates and/or third-party licensors. Except as expressly authorized by Hungry Tab you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of any of the Site Materials, or any other use of such content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited.

 

12.          THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS. The Site may include links or access to, and/or integration with, other websites or services solely as a convenience or additional service for users. Hungry Tab does not endorse any such Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Hungry Tab makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF CONNECTED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH CONNECTED SITES, IS SOLELY AT YOUR OWN RISK.

 

13.          Your correspondence or business dealing with or participation in promotions of advertisers found on or through the Site is solely between you and any such advertiser. The same goes for any dealings with another Tab purchaser. YOU AGREE THAT Hungry Tab WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

 

14.          Except as explicitly stated otherwise, legal notices will be served, with respect to Hungry Tab on the Hungry Tab national registered agent, and, with respect to you, to the email address you provide to Hungry Tab during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.

 

15.          DISCLAIMERS; NO WARRANTIES.

 

THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Hungry Tab ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

 

WITHOUT LIMITING THE FOREGOING, Hungry Tab DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT DEFECTS WILL BE CORRECTED, (III) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

 

CERTAIN STATE AND PROVINCE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

16.          INDEMNIFICATION; HOLD HARMLESS.

 

You agree to indemnify, defend, and hold Hungry Tab its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.

17.          LIMITATION OF LIABILITY AND DAMAGES.

 

UNDER NO CIRCUMSTANCES WILL Hungry Tab OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), STRICT LIABILITY, OR ANY LEGAL OR EQUITABLE THEORY, EVEN IF Hungry Tab HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE AND PROVINCE LAWS MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR FOR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, Hungry Tabs LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

 

Hungry Tabs LIABILITY TO YOU IS LIMITED TO $50 USD OR THE AMOUNTS, IF ANY, PAID BY YOU TO Hungry Tab UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

18.          ARBITRATION AGREEMENT.

 

PLEASE READ THE FOLLOWING CAREFULLY:

 

a.            Arbitration. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Hungry Tab. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. You have the right to opt-out of this Arbitration Agreement (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

 

    1. EXCEPT AS OTHERWISE PROVIDED, ENTERING INTO THIS ARBITRATION AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATE CLAIMS IN COURT AND ALL OPPORTUNITY TO BE HEARD BY A JUDGE OR JURY.

 

    1. For the purpose of this Arbitration Agreement, Hungry Tab means Hungry Tab LLC and its parent, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents.

 

    1. You understand and agree that, by entering into this Arbitration Agreement, you and Hungry Tab are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Hungry Tab might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, you give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrators decision is much more limited than in court, and in general an arbitrators decision may not be appealed for errors of fact or law.

 

    1. YOU AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES BETWEEN YOU AND Hungry Tab (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH Hungry Tab LLC.LUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SITE, AND/OR RIGHTS OF PRIVACY AND PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND Hungry Tab HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF DELAWARE. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS customer ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

 

    1. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.

 

    1. Pre-Arbitration Dispute Resolution. For all Disputes, whether pursued in court or arbitration, you must first give Hungry Tab an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Hungry Tab Legal Department, 315 W 36th St, New York, NY 10018 . That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Hungry Tab does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

 

    1. Exclusions From Arbitration And Your Right To Opt Out. Notwithstanding the above, you may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court in your state of residence; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the Opt-Out Deadline). You may opt out of this Arbitration Agreement by mailing written notification to Hungry Tab llc., Legal Department, 315 W 36th St, New York, NY 10018.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Hungry Tab through arbitration. Your decision to opt-out of this Arbitration Agreement will have no adverse effect on your relationship with Hungry Tab. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

 

    1. Location of Arbitration. You may initiate arbitration in either the State of Delaware, or in the federal judicial district that includes the address that you provided in your written notification of Pre-Arbitration Dispute Resolution. In the event that Hungry Tab initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.

 

    1. Severability. If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court.

 

    1. Continuation. This Arbitration Agreement shall survive the termination of your contract with Hungry Tab and your use of the Hungry Tab Site and services.

 

19.          MISCELLANEOUS.

 

a.            Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of Delaware, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Hungry Tab must be resolved by a court located in Delaware, except as otherwise agreed by the parties or as described in the Arbitration Agreement paragraph above. You agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.

 

    1. Assignment. We may assign, transfer, delegate, or sublicense our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees. You may not assign, transfer, delegate, or sublicense your rights and obligations under these Terms.

 

    1. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions or limited to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

 

    1. Force Majeure. Hungry Tab shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

 

    1. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

 

    1. Entire Agreement. These Terms, the Privacy Policy, the Arbitration Agreement, and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Hungry Tab relating to the subject matter herein.

 

    1. Claims; Statute of Limitations. YOU and Hungry Tab AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

    1. Disclosures. The services hereunder are offered by Hungry Tab LLC, located at: 315 W 36th St, New York, NY 10018  and email: Support@hungrytab.com. 

 

    1. Waiver. No waiver of any of these Terms by Hungry Tab is binding unless authorized in writing by an executive officer of Hungry Tab. In the event that Hungry Tab waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Hungry Tab to enforce the same at a later time.