All references herein to Hungry or "we" mean Hungry Marketplace, Inc., including its successors and assigns, which operates the Hungry Marketplace and Hungry App. All references herein to "User" or "you" refer to any person participating in the Marketplace as a user of the App who is not participating as a chef ("Chef"). The right to participate in the Marketplace is personal to you and is not transferable to any other person or entity without the express written permission of Hungry.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
The Hungry Marketplace enables Chefs to provide Food Services for sale to Users through the Marketplace and to arrange for the delivery of meals to Users through delivery mechanisms provided by Hungry. The Hungry Marketplace and Hungry App include certain features and functionalities to facilitate Chefs’ sales of Food Services on the Hungry Marketplace, which features may include, without limitation, Food Service listings, search functions, Chef biographies, User reviews, order-taking functions, payment processing mechanisms, delivery system interfaces, and other features, at the sole discretion of Hungry.
As between Hungry and you, Hungry’s role is solely
(a) to facilitate the availability of the Marketplace for Chefs and Users, and
(b) to collect payment from Users.
HUNGRY CANNOT AND DOES NOT CONTROL THE PREPARATION OF ANY FOOD SERVICES, THE INGREDIENTS USED, THE CONDITION, LEGALITY, OR SUITABILITY OF ANY FOOD SERVICES OR THE KITCHENS IN WHICH THEY ARE PREPARED. FOOD SERVICES MAY BE PREPARED IN KITCHENS THAT ARE NOT SUBJECT TO REGULATION OR INSPECTION BY ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AUTHORITIES. HUNGRY IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO ANY FOOD SERVICES OFFERED FOR SALE THROUGH THE MARKETPLACE. ACCORDINGLY, ANY PURCHASE AND CONSUMPTION OF FOOD SERVICES BY YOU ARE MADE AT YOUR OWN RISK.
To become a User of the Marketplace, you must be at least age 18 (or the age of majority in your jurisdiction) and set up a Hungry account ("Account") by submitting an application ("Application") either through a sign-in service such as Facebook, or by submitting your contact information, email address, and password directly to the Hungry App.
A valid Application must include your legal name, delivery address, billing address, e-mail address, and any other information requested by Hungry. You have an ongoing responsibility to update any information provided to Hungry in your Application to ensure that Hungry’s files for your Account remain current. Hungry reserves the right to refuse acceptance of your Application at its sole discretion, with or without cause. Access to your Account allows you to view your past purchases, modify your preferences, and ensure permissible use of the Hungry App.
If you provide any false, inaccurate, untrue, or incomplete information in your Application, we may immediately terminate your access to and use of the Service. You are solely responsible for all activities that occur under your Account. It is your responsibility to keep the confidentiality of any username(s) and password(s) associated with your Account. If you become aware of any unauthorized use of your Account, you must notify Hungry immediately by writing to Support @TryHungry.com or to Hungry Marketplace, Inc. 4420 Fairfax Drive, #102, Arlington, VA 22203. Hungry will not be liable for any loss or damage arising from the unauthorized access to or use of your Account. Upon termination of this Agreement for any reason, Hungry will disable and/or delete your Account.
The Xperience contract confirmed by client in writing guarantees the guest count, menu, labor and equipment arrangements in the contract. In the event of cancellation by client, except in the case of inclement weather, the client will be billed the amount stated below dependent upon the notice given.
0 to 14 calendar days prior to contracted Xperience: 100% of the total Xperience revenue will be due, plus applicable taxes.
15 to 30 calendar days prior to contracted Xperience: 75% of the total Xperience revenue will be due, plus applicable taxes.
31 to 60 calendar days prior to contracted Xperience: 50% of the total Xperience revenue will be due, plus applicable taxes.
Acceptance of this contract 61+ calendar days prior to contracted Xperience: 25% of the total Xperience revenue will be due, plus applicable taxes. Future payment schedule will be as outlined above.
Rescheduling is permitted outside of 21 days prior to the Xperience. Rescheduling inside of 21 days prior to the Xperience will be subject to a nonrefundable flat rate fee of $1000 which covers the talent's time that was previously committed.
YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR THOSE YOU ARE ORDERING FOR MAY HAVE AND FOR VERIFYING THE CONTENT OF THE FOOD SERVICE AND THEIR INGREDIENTS AND THE WAY IN WHICH THE FOOD SERVICES ARE PREPARED BEFORE HANDLING, USING OR CONSUMING SUCH FOOD SERVICE. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT A CHEF MAY STORE AND USE INGREDIENTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
HUNGRY IS NOT RESPONSIBLE OR LIABLE FOR ANY ILLESS OR OTHER RESULTS OR DAMAGE CAUSED BY THE CONSUMPTION OF ANY FOOD SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DEATH, BODILY INJURY, OR HEALTH PROBLEMS, OR ANY OTHER NEGATIVE EXPERIENCE WITH ANY CHEF-PROVIDED FOOD SERVICE ORDERED THROUGH THE HUNGRY APP. WE EXPRESSLY DISCLAIM ANY AND ALL LIABLITY IN CONNECTION WITH THE FOREGOING.
To the extent permitted under applicable laws, you expressly absolve and release Hungry and its affiliates, officers, directors, employees, agents, and other representatives from any liability or claim of harm related to or resulting from (a) any incorrect or inaccurate information about any Food Service posted on the Hungry App, whether caused by our error or by any of the equipment or programming associated with or utilized in the Hungry App; (b) any injury, loss, or damages caused by a Chef, any other User, any Food Service, or Food Service information posted on or in connection with the Hungry App, whether online or offline; (c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Hungry App, (d) severe weather, earthquakes or other natural disasters, strikes or other labor problems, wars, or (e) governmental or regulatory restrictions or actions.
Hungry reserves the right to make any changes to this Agreement at any time with or without advance notice to you. When these changes are made, Hungry will post at its website the revisions to the appropriate section of the Hungry App for your review. A revised Agreement is effective immediately when posted. It is your responsibility to review periodically to learn of any revisions to this Agreement. Your continued use of and participation in the Marketplace after the posting of such revisions will constitute your acknowledgment and acceptance of the terms of the revised Agreement.
HUNGRY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY OF THE FOOD SERVICES PROVIDED BY THE CHEFS. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
THE HUNGRY MARKETPLACE AND HUNGRY APP ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. HUNGRY MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE HUNGRY MARKETPLACE AND HUNGRY APP AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE HUNGRY MARKETPLACE AND HUNGRY APP MADE AVAILABLE BY HUNGRY. NEITHER HUNGRY NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE HUNGRY MARKETPLACE AND HUNGRY APP FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. NEITHER HUNGRY NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES MAKES ANY REPRESENTATION OR WARRANTY THAT THE HUNGRY MARKETPLACE AND HUNGRY APP WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION. Some jurisdictions do not allow the disclaimer of certain warranties. Accordingly, only the disclaimers which are lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent permitted by law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER HUNGRY NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES SHALL BE LIABLE TO YOU FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION OF LIABILITY SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF THE HUNGRY APP OR THE MARKETPLACE; (II) ANY CHANGES WHICH HUNGRY MAY MAKE TO THE HUNGRY APP OR THE MARKETPLACE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE HUNGRY APP OR THE MARKETPLACE (OR ANY FEATURES WITHIN THEM); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE HUNGRY APP OR MARKETPLACE; (III) YOUR FAILURE TO PROVIDE HUNGRY WITH ACCURATE ACCOUNT INFORMATION; OR (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON HUNGRY’S LIABILITY TO YOU IN THIS SUBSECTION SHALL APPLY WHETHER OR NOT HUNGRY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSS. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Notwithstanding the foregoing, total liability of Hungry for any reason whatsoever related to use of the Hungry Marketplace or App shall not exceed the total amount paid for Food Services in connection with the subject matter of the particular dispute.
This Agreement shall remain in effect for as long as you participate in the Marketplace or use the Hungry App. Hungry may temporarily or permanently stop providing the Hungry Marketplace or Hungry App to you, or terminate this Agreement, at any time if (a) you have breached any provision of this Agreement, (b) Hungry is required to do so by law, (c) Hungry believes, in its sole discretion, that you have committed fraud with respect to your access to and use of the Hungry Marketplace or Hungry App, (d) the provision of the Marketplace to you or others by Hungry is, in Hungry’s sole opinion, no longer commercially viable, or (e) Hungry is no longer providing the Marketplace to customers in the jurisdiction in which you reside or from which you use the Hungry Marketplace or Hungry App. Termination is effective without notice. Hungry may disable access to your Account or otherwise prevent you from accessing the Hungry Marketplace or Hungry App. All provisions of this Agreement which by their nature should survive, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to principles of conflicts or choice of law.
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with your participation in the Marketplace or any matter concerning Hungry (collectively "Disputes") shall be governed exclusively by the laws of the Commonwealth of Virginia, excluding its conflict of law provisions.
If a Dispute arises under this Agreement, we agree to first contact each other with a written description of the Dispute, all relevant documents and information, and the proposed resolution. You agree to contact us with Disputes by writing to us at Hungry Marketplace, Inc. 4420 Fairfax Drive, #102, Arlington, VA 22203. Hungry will contact you by letter or email to your address that we have on file for you.
If any Dispute cannot be resolved informally, we each agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolution Procedures in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Virginia: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
You shall have thirty (30) days from the date you set-up your Hungry account to opt-out of this arbitration agreement. To opt out of arbitration you must contact us at Legal@TryHungry.com. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.