Effective Date: September 11, 2017
Last updated: January 20, 2021
Disclaimer of Warranties: THIS SITE, THE SERVICES, AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties. As a result, the above may not apply to you. These warranties are hereby excluded to the fullest extent permissible by law.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL HUNGRY HOWIE’S BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR THE SERVICES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or the amount paid for your order, whichever is less.
YOU HEREBY RELEASE AND DISCHARGE US FROM ANY AND ALL CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES RELATING TO OR ARISING FROM YOUR USE OF OR ACCESS TO THE SERVICES, WHETHER KNOWN OR UNKNOWN. THIS INDEMNIFICATION AGREEMENT IS INTENDED TO APPLY EVEN IF THE CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES ADDRESSED IN THIS PARAGRAPH RESULT FROM OUR OWN NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, VIOLATION OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT, STRICT LIABILITY, BREACH OF EXPRESS WARRANTY, BREACH OF IMPLIED WARRANTY, OR BREACH OF ANY OTHER COMMON LAW OR STATUTORY DUTY OR CAUSE OF ACTION. THIS PROVISION SHALL BE CONSTRUED FAIRLY AND REASONABLY AND NEITHER MORE STRONGLY FOR NOR MORE STRONGLY AGAINST YOU OR US. THIS RELEASE AND DISCHARGE DOES NOT APPLY TO ANY AND ALL CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES RELATING TO OR ARISING FROM ANY EMPLOYMENT RELATIONSHIP BETWEEN EMPLOYEES OF HUNGRY HOWIE’S AND HUNGRY HOWIE’S.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“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.”
ARBITRATION AND CLASS ACTION WAIVER. EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF AND ANY CLAIMS RELATING TO HUNGRY HOWIE’S EMPLOYEES, WITH RESPECT TO CLAIMS RELATED TO THE SITE, INCLUDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE, ANY DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL DISPUTES, CLAIMS (WHETHER IN TORT, CONTRACT, STATUTORY OR OTHERWISE) OR DISAGREEMENTS CONCERNING THE EXISTENCE, BREACH, INTERPRETATION, APPLICATION OR TERMINATION OF THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND IN ACCORDANCE WITH THE JAMS INC. COMPREHENSIVE ARBITRATION RULES & PROCEDURES THEN IN EFFECT. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS. THE ARBITRATION SHALL TAKE PLACE:
(A) WITH RESPECT TO CONSUMERS, IN THE COUNTY IN WHICH THE CONSUMER RESIDED AT THE TIME OF THE DISPUTE OR
(B) WITH RESPECT TO INDEPENDENT CONTRACTORS, VENDORS, OR OTHER THIRD-PARTY PROVIDERS, IN OAKLAND COUNTY, MICHIGAN.
OR AT THE OPTION OF THE PARTY SEEKING RELIEF, BY TELEPHONE, ONLINE, OR VIA WRITTEN SUBMISSIONS ALONE, AND BE ADMINISTERED BY JAMS. THE ARBITRAL TRIBUNAL (“TRIBUNAL”) SHALL BE COMPOSED OF ONE ARBITRATOR, WHO SHALL BE INDEPENDENT AND IMPARTIAL. IF THE PARTIES FAIL TO AGREE ON THE ARBITRATOR WITHIN TWENTY (20) CALENDAR DAYS AFTER THE INITIATION OF AN ARBITRATION HEREUNDER, JAMS SHALL APPOINT THE ARBITRATOR. THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE. THE DECISION OF THE ARBITRATOR WILL BE FINAL AND BINDING ON THE PARTIES. JUDGMENT ON ANY AWARD(S) RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. NOTHING IN THIS SECTION SHALL PREVENT EITHER PARTY FROM SEEKING IMMEDIATE INJUNCTIVE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION, AND ANY SUCH REQUEST SHALL NOT BE DEEMED INCOMPATIBLE WITH THE AGREEMENT TO ARBITRATE OR A WAIVER OF THE RIGHT TO ARBITRATE. THE PARTIES UNDERTAKE TO KEEP CONFIDENTIAL ALL AWARDS IN THEIR ARBITRATION, TOGETHER WITH ALL CONFIDENTIAL INFORMATION, ALL MATERIALS IN THE PROCEEDINGS CREATED FOR THE PURPOSE OF THE ARBITRATION AND ALL OTHER DOCUMENTS PRODUCED BY THE OTHER PARTY IN THE PROCEEDINGS AND NOT OTHERWISE IN THE PUBLIC DOMAIN, SAVE AND TO THE EXTENT THAT DISCLOSURE MAY BE REQUIRED OF A PARTY BY LEGAL DUTY, TO PROTECT OR PURSUE A LEGAL RIGHT OR TO ENFORCE OR CHALLENGE AN AWARD IN LEGAL PROCEEDINGS BEFORE A COURT OR OTHER JUDICIAL AUTHORITY. THE ARBITRATOR SHALL AWARD ALL FEES AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, TO THE PREVAILING PARTY. ANY JUDGMENT RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
YOU MAY CHOOSE TO OPT OUT OF THE AGREEMENT TO ARBITRATE BY MAILING A WRITTEN OPT-OUT NOTICE (“NOTICE”) TO HUNGRY HOWIE’S. THE NOTICE MUST BE POSTMARKED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. THE NOTICE MUST BE MAILED TO 30300 STEPHENSON HWY, SUITE 200, MADISON HEIGHTS, MI 48071 TO THE ATTENTION OF LEGAL DEPARTMENT. THIS PROCEDURE IS THE ONLY MECHANISM BY WHICH YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE. OPTING OUT OF THE AGREEMENT TO ARBITRATE HAS NO EFFECT ON ANY OTHER PARTS OF THIS AGREEMENT, OR ANY PREVIOUS OR FUTURE ARBITRATION AGREEMENTS THAT YOU HAVE ENTERED INTO WITH HUNGRY HOWIE’S.
Definitions: The following definitions apply:
- “Hungry Howie’s Pizza & Subs, Inc.”, is a Michigan corporation that has been around for over 40 years and will also be referred to as “Hungry Howie’s, “we”, “us”, or “our”. We have hundreds of Hungry Howie’s® restaurants across the United States. All of our restaurants are independently owned and operated by franchisees or licensees of Hungry Howie’s. Our address is 30300 Stephenson Highway, Suite 200, Madison Heights, Michigan 48071.
- “Employees” means persons that are deemed to be employees of Hungry Howie’s or its subsidiaries and affiliates as determined by applicable law and that are acting or using the Services in their capacity as an employee, and does not include the employees of Franchise Owners or Third Party Providers.
- “Franchise Owners” refers to the great hardworking folks who independently own and operate Hungry Howie’s restaurants.
- “Third Party Providers” are independent contractors and/or service providers that we may hire or use to develop, maintain, provide and/or sponsor the Services or that may provide other products or services to us or the Franchise Owners.
- “Services” refers to each of the interfaces, portals, platforms, applications, and programs, including a consumer website [www.hungryhowies.com], online ordering platform through your desktop computer or mobile device, an online ordering mobile app, Howie Rewards® loyalty program, Howie’s Online Management Exchange (“H.O.M.E.”), “INSIGHTS”, HH Tracker™, and an online information and application site for reviewing franchise candidate and awarding franchises and other like services.
- “Claims” means all claims, disputes, or controversies arising out of or relating to access or use of the Services, these Terms or the breach thereof, or the scope or validity of these Terms, including the validity and scope of any arbitration obligations under these Terms.
Our Relationship to Franchise Owners and Third-Party Providers: Hungry Howie’s, Franchise Owners and Third-Party Providers are each responsible for their own products, services, policies, employee relations or dealings or interactions with you or each other. This includes pricing, food quality or delivery services. For a variety of different reasons, some Franchise Owners may not always participate in, provide or use all the Services.
Not Intended for Children Under 13: The Services and any content, features, products, or services offered through the Services are not intended for children under the age of 13. You must be at least thirteen (13) years of age to register for or use the Services, unless the Services you are using state that they require you to be at least 18 years of age to register for or use such Services.
Privacy Notice: Our Privacy Statement explains our policies regarding how and what information we collect, and how we may use or disclosure such information, and your rights. Our privacy statement is incorporated into these terms by reference.
- Profiles, Screen Names, Passwords, and Security: In order to use or access the Services or certain parts or features of them, you may be required to or have the option of creating a user account or profile and/or registering as a member by providing your name, a user name, email address, password and other information we may require (“User Account”). As part of the creation or registration of a User Account, you will be able or may be required to create an account or member profile with an associated email address and other information and preferences you provide us.
- that you will only create a User Account or register as a member with your true, valid email address and other contact information including mobile phone numbers, and any other information and preferences you provide us will be true;
- to let us know of any changes to such information by updating your User Account;
- not to use anyone else’s User Account, membership information, user name, email address or mobile phone number to access the interactive features of the Services;
- to safeguard your login information, including your User Account or member name and password, and to take full responsibility for all activity on your account, including any orders placed using your login information or member account whether or not placed by you; and
- to notify us immediately if you find out that someone else is using your email address, phone number, user name, or password without your permission at email@example.com.
- that you are least eighteen (18) years of age. If you are under eighteen (18) but at least thirteen (13) years of age, you must present these Terms to your parent or legal guardian and he or she must check the box below to enter into these Terms on your behalf.
If you are a parent or guardian registering for a User Account for the benefit of your child, please be aware that you are fully responsible for his or her use and conduct when using the Services, including all financial charges and legal liability that he or she may incur. If you do not agree to or cannot comply with any of the Terms, do not attempt to access the Services.
If you are under the age of thirteen (13), you are not allowed to register for a User Account or have a parent or legal guardian register for you. If you are under the age of thirteen (13), please do not use the Services. You may not create a User Account or otherwise post, share, or provide any information, content, or materials to the Services. If you are the parent of a child under the age of thirteen (13), please do not permit your child to use the Services, create a User Account, or otherwise post, share, or provide any information to the Services.
We do not guarantee that any information you provide us will not be intercepted by a third party during transmission over any public networks or otherwise. You bear the risk of communicating with us electronically and you agree that we are not responsible for any resulting loss or damage. We are not responsible for any losses arising out of the unauthorized use of your User Account, username or password.
- Additional or Different Terms: Sometimes a Service or portion of a Service may have additional terms and conditions or other rules that differ from these Terms. We will spell those out to you within these Terms or make those available for your review with that particular Service as appropriate. If any of those additional or different terms, conditions or rules apply, they will become part of these Terms. If there is a conflict between these Terms and terms and conditions or other rules posted for a Service or portion of a Service, the latter terms and conditions or other rules apply to your use of that particular Service or portion of that particular Service.
- Amending, Modifying or Altering the Terms: We reserve the right, in our sole and unfettered discretion, to amend, modify, alter or otherwise update these Terms at any time. We will notify you when a change has been made, and by clicking “I agree”, you accept the modification. If you do not agree to the amendment, modification, alter or update then please stop using the Services. Any changes will be effective after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
In our sole and unfettered discretion at any time and with or without notice, we may offer incentives or promotion programs, shorten or extend the duration of any incentive or promotion program, and/or terminate or modify any incentive or promotion program.
- Access and Use of the Services: We, as appropriate, grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services in accordance with these Terms. You agree to use the Services in compliance with the internal procedures and guidelines of any company or organization you represent.
You acknowledge and agree that your access to and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services, or other actions that we, in our sole discretion, may elect to take.
You acknowledge and agree that we cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY, OR FAILURE TO STORE ANY DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS.
You acknowledge and agree that nothing in these Terms constitutes an undertaking by us to provide the Services in their present forms or under any current specifications or requirements, or with the current user interface, or to continue to use existing communications facilities. We may in our sole and unfettered discretion, from time to time make additions to, deletions from, or modifications to the Services, specifications, requirements, user interface, and/or communications facilities.
The Services are for the personal use of individuals, and your rights to use the Services described in these Terms may not be transferred or assigned.
Using the Services does not give you any intellectual property rights in the Services or the content you access. All content included in or made available by the Services (including, but not limited to, the text, graphics and other images, site layout and design, descriptions, audio and video, digital downloads, data compilations, software, and images, files, or data incorporated in the software or generated by the software) (the “Content”) are owned by us and/or other third parties. The Content is protected by copyright, trademark, and other intellectual property laws and rights throughout the world. You may not copy, reproduce, distribute, publish, post, upload, transmit, adapt, modify or create derivative works of or from, publicly display or perform, or in any way exploit the Content without our prior express written consent.
We retain all right, title, and interest in the Services, the Content, and any associated content, features, products, and services, including any and all intellectual property rights in may have in the Services. We reserve all rights not expressly granted.
- Use by Franchise Owners and their Employees: Some of the Services may only be accessed or used by Franchise Owners. At the Franchise Owner’s discretion, they may also grant permission to some or all of their employees. If you are a Franchise Owner or an employee of a Franchise Owner accessing or using any of these types of Services, you understand and agree that you will not copy, disclose, or re-publish any proprietary and/or confidential materials, information, data or reports derived from the Services. We will mark such materials as “Proprietary and/or Confidential”.
Access or use of the Services does not express or imply an employment relationship between us and Franchise Owner and/or its employees. If you are a Franchise Owner or an employee of a Franchise Owner accessing or using any of these types of Services, you understand and agree that these Services and any materials, information, data or reports derived from the Services are not intended to dictate, amend or replace the policies and procedures of the Franchise Owner with respect to any employer/employee relationship or practices, including labor relations and practices related to the Franchise Owner’s employees, including, among other things, employee selection, promotion, termination, hours worked, rates of pay, other benefits, work assigned, discipline, adjustment of grievances and complaints, and working conditions.
Prohibited Uses: If you access or use the Services, you may not:
- place orders or purchase products that that are not intended to be legitimate orders or purchases;
- for the purpose accessing, viewing or redeeming any incentive or promotion program provided or sponsored by us or any Third-Party Provider in a manner that is illegal, fraudulent or contrary to any rules or regulations established for such incentive or promotion program;
- reverse engineer, disassemble, decompile, derive code or materials from, or capture any source, scripts, layouts, design, metadata, or other information accessible through the Services (including, without limitation, data packets transmitted to and from the Services), or analyze, decipher, “sniff,” derive code or materials from any packet stream to or from the Services, or attempt any of the foregoing and you expressly waive any legal rights you may have to do any of the foregoing, including any claim that such activities constitute “fair use” or are for “interoperability purposes” under the Digital Millennium Copyright Act;
- infringe upon our rights or the rights of others (including, without limitation, intellectual property rights, rights of privacy such as unauthorized disclosure of a person’s name or email or physical address or phone number, and rights of publicity);
- violate any laws or regulations, including without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”);
- conduct or solicit illegal or other activity that in any way harms us or any Third-Party Provider;
- use any robot, spider, scraper, or other automated or manual means to access the Services, copy the Content, or republish any information that you obtain from the Services, including but not limited to the names, addresses and contact information for any restaurant or food service provider that appears here, or any menus or related content;
- attempt to gain unauthorized access to any portion of the Services or any related networks or systems by hacking, password “mining,” or any other illegitimate means;
- probe, scan, test the vulnerability of or breach the authentication measures of the Services or any related networks or systems;
- modify or reroute or attempt to modify or reroute the Services;
- link to the Services from any unsolicited bulk messages or unsolicited commercial messages;
- utilizeutilize framing, squeeze back, overlay or other techniques to enclose or display the Services or the Content, with any other software or content of a third party; or
- take any action that places a disproportionately large load on the Services or any related networks or systems.
Except for Employees, we and/or a Third-Party Provider reserve the right, but not the obligation, to investigate and take appropriate legal action against anyone who we and/or a Third-Party Provider believes is violating these Terms, including, without limitation, removing any offending materials, suspending or terminating the access of such violators, or suspending or terminating the right to use the Services.
- Materials Submitted, Posted, Viewed or Shared Using the Services: We do not endorse, control, or assume any responsibility or liability for any content or materials you or others submit, post, viewed or shared on or through the Services, including any information about restaurants, menus, photos, graphics, ideas, images, creative works, and text.
If you choose to send us your ideas or feedback, including those for new or improved products or technologies, product enhancements, processes, marketing plans, or product names, through the Services or otherwise, you agree that your ideas automatically become our property, without any compensation to you, and we can use, sell, offer, or otherwise dispose of them at our sole discretion. You also represent and warrant that such ideas or feedback are your original ideas and that you have all the rights necessary for you to grant us rights to them, as described below.
By providing any content to the Services:
- you agree to grant the us and any Third-Party Providers (if applicable) a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently including publishing any endorsement or review posted by you;
- you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the us the license specified in this Paragraph 12; and
- you acknowledge and agree that we will have the right (but not obligation), at our sole and absolute discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason or no reason, with or without notice; We retain the right, but not the obligation, to monitor the Content and other materials posted on the Services. We may, at our sole absolute discretion, remove or modify any Content or other materials posted to the Services at any time without notice.
Except as expressly provided herein, Hungry Howie’s and the Third-Party Providers reserve all rights with respect to the Site and the Hungry Howie’s mobile app, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed a third party’s copyright three times. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent as indicated below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:
Hungry Howie’s Pizza & Subs, Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement
Full Address of Designated Agent to Which Notification Should be Sent
30300 Stephenson Highway, Suite 200
Madison Heights, Michigan 48071
Telephone Number of Designated Agent
Facsimile Number of Designated Agent
Email Address of Designated Agent
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Electronic Notices and Communications: By using the Services or sending us email, you are communicating with us electronically. You consent to receive communications from us electronically by email, or as appropriate, by posting general notices through the Services. You agree that all notices, disclosures, and other communications that we electronically send you satisfy any legal requirement that such communications be in writing, and that these communications are deemed to be given and received on the date we transmit any electronic communication as described above.
- INDEMNITY AND RELEASE: EXCEPT FOR EMPLOYEES, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM YOUR USE OF THE SERVICES OR ANY LINKED OR ASSOCIATED WEBSITE, LOCATION, OR SOURCE, INCLUDING WITHOUT LIMITATION YOUR POSTING OF MATERIALS ON OR THROUGH THE SERVICES (INCLUDING ANY LISTINGS AND ADVERTISEMENTS), YOUR USE OF ANY OF THE TOOLS AND FEATURES AVAILABLE ON THE SERVICES, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS.
- Contract Interpretation, Enforcement & Other Important Provisions:
- Applicable Law and Venue: THESE TERMS ARE ENTERED AND PERFORMABLE IN OAKLAND COUNTY, MICHIGAN, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES.
We and you waive, to the fullest extent permitted by law, the right to bring, or be a class member in, any class action suit relating to any Claim. Therefore, we and you agree that arbitration will be conducted on an individual, not a class-wide, basis, that only we (and our affiliates and our and their respective owners, officers, directors, agents, and employees, as applicable) and you (and your affiliates and your and their respective owners, officers, and directors, as applicable) may be the parties to any arbitration proceeding described in this Paragraph 17. C, and that no such arbitration proceeding may be consolidated or joined with another arbitration proceeding involving us and/or any other person. Despite the foregoing or anything to the contrary in this Paragraph 17. C, if any court or arbitrator determines that all or any part of the preceding sentence is unenforceable with respect to a Claim that otherwise would be subject to arbitration under this Paragraph 17. C, then we and you agree that this Paragraph 17 C. will not apply to that Claim, and such Claim will be resolved in a judicial proceeding in accordance with the remainder of this Paragraph 18 (excluding this Paragraph 17 C.).
We and you shall be bound by the decision of the arbitrator and consent to the immediate entry of judgment upon such award in a court of competent jurisdiction.
Members may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Hungry Howie’s. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. The Notice must be mailed to 30300 Stephenson Highway, Suite 200, Madison Heights, Michigan, 48071. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms, or any previous or future arbitration agreements that you have entered into with Hungry Howie’s.
- Statute of Limitations: Except for Employees, to the extent permitted by law, Claims must be brought within two years. The two-year period begins when the Claim first could be filed. If it is not filed, then that Claim is permanently barred. This applies to you and your successors. It also applies to us, Third-Party Providers, and our respective successors.
- Remedies. Except for Employees, if you are dissatisfied with any of the content or materials on the services, or any services or information available through them, your sole and exclusive remedy is to discontinue accessing and using services. Without limiting any other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to the services or block your future access to the services for any reason.
Any violation, or threatened violation, by you of these terms will cause us irreparable and unquantifiable harm and monetary damages would be inadequate for such harm. You consent to us seeking injunctive or equitable relief that we deem necessary or appropriate without the obligation to post any bond or surety. These remedies are in addition to any other remedies we may have at law or in equity.
- Exclusions And Limitations; Consumer Protection Notice. If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Section 3 above do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Hungry Howie’s Pizza & Subs, Inc. reserves all rights, defenses and permissible limitations under the law of your State of residence.
- Severability: All parts of these Terms apply to the maximum extent permitted by law. If we cannot enforce a part of these Terms as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions.
- Entire Agreement: These Terms, accepted by you upon access to and/or use of the Services, and further affirmed by becoming a registered member or submitting content or materials to or through the Services, constitute the entire agreement between you and us regarding the use of the Services. You hereby represent and warrant that: (i) other than as expressed in these Terms, no statement, representation, promise, agreement, inducement, or warranty, whether written or oral, has been made by us to you regarding the subject matter of these Terms; and (ii) you are not relying upon any statement, representation, promise, agreement, inducement, or warranty by us which is not expressly set forth in these Terms as an inducement to the acceptance of these Terms or for any other purpose.
- No Waiver: The failure of either party to assert any right under these Terms will not be a waiver of that party's right, and the said right will remain in full force and effect.
- Assignment: We may assign our rights and obligations under these Terms without notification to you; in the event of an assignment, we will be relieved of any further obligation.
- Contacting Us: If you have any questions or concerns about these Terms, please contact Hungry Howie’s at 1-248-414-3300 or the appropriate Third-Party Provider. Alternatively, you may use the mailing addresses provided below and the appropriate party will attempt to respond to your questions or concerns promptly after they are received. This provision does not waive any right to service of process have under applicable law.
Hungry Howie’s Pizza & Subs, Inc.
30300 Stephenson Highway
Madison Heights, MI 48071