Last Updated 3/3/2018
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.
- CONSUMER TERMS
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
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.
- 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.
- 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.
- 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.
- 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.
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.
- 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.
- Hungry Tab point systems. The Hungry Tab system may in
the future offer to its customers a number of points for purchases.
- Tab Plans.
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.
- 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
- 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
- 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
- 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.
- 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
- 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.
- 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
- 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.
- 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
- 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
- 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.
- 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.
- 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.
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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- OTHER FEES; from time to time we may need to adjust our pricing to
meet business requirements. All advertised offers are subject to change.
- 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.
OR MODIFICATION BY Hungry Tab.
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.
- 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.
ELIGIBILITY CRITERIA; REGISTRATION INFORMATION AND TabWORD; SITE ACCESS.
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.
- 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.
- 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.
- 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.
Your privacy is important
https://hungrytab.com/privacypolicy, is hereby incorporated into these Terms by
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
You promise not to:
threaten, or defraud users, customers or staff of Hungry Tab or Merchants;
unsolicited offers, advertisements, proposals, or send junk mail or spam to
another person or access another users account with or without that persons
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;
third parties to use your Tab under your own enrollments, including other
Hungry Tab customers;
to redeem any Tabs, promotional plan, or promotion more than once or
otherwise than as described;
any Hungry Tab Deals directly with a Merchant, rather than through the Hungry
Tab Site; Merchant cannot cancel a Tab;
the source, identity, or content of information transmitted via the Site,
including deleting the copyright or other proprietary rights;
material (e.g. virus) that is damaging to computer systems or data of Hungry
Tab or users of the Site;
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
or send to Site users pornographic, threatening, embarrassing, hateful,
racially or ethnically insulting, libelous, or otherwise inappropriate content.
As a condition of your use
of this Site or Tab you agree that you:
not use the Site for any purpose that is unlawful or prohibited by these Terms;
- 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;
- 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
- 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;
- May not obtain or attempt to obtain any materials
or information through any means not intentionally made available through
- 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;
- 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
SUBMISSIONS OF REVIEWS.
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.
- 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).
- 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
- Hungry Tab takes no responsibility and assumes no
liability for any User Submissions.
- 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.
- 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.
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:
physical or electronic signature of a person authorized to act on behalf of the
owner of the copyright that has been allegedly infringed;
- Identification of works or materials being
- 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
information about the notifier including address, telephone number and, if
available, e-mail address;
- 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
- 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.
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
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.
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.
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.
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.
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.
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.
PLEASE READ THE FOLLOWING
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- Continuation. This Arbitration Agreement shall
survive the termination of your contract with Hungry Tab and your use of
the Hungry Tab Site and services.
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.
- 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.
- 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.
- 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
- 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.
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.
- 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.
- Disclosures. The services hereunder are offered by
Hungry Tab LLC, located at: 315 W 36th St, New York, NY 10018 and
- 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.