Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

  1. Acceptance of Terms of Use and amendments

These Terms of Use (the “Terms”) are a legal contract between you and Hungry Howie’s Pizza & Subs, Inc., a Michigan corporation (the “Site Editor”), that governs your use of this Website (the “Website”), By clicking “I agree”, you agree to be bound by these Terms.  If you do not agree with any part of these Terms, do not use the Website.  Site Editor reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time, and by clicking “I agree” to the revisions, you accept the modification.  Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.  . In addition, if you are using a particular service on this Web Site or accessed a particular service via this Web Site, you will be subject to any rules and/or guidelines applicable to those services, and said rules and/or guidelines will be incorporated by reference within these Terms. Please read the site's Privacy Policy, which is incorporated within these Terms by reference.  If you elect to establish an online account and/or order online, we have contracted with a third party to perform these functions for us, so that third party’s privacy policy and terms of use also apply.

  1. The Site Editor's Service

This Web Site and the services provided to you on and via this Web Site are provided on an "AS IS" basis. You agree that the Site Editor reserves the right to modify, amend or discontinue any or all of the provisions of this Web Site and its services, and to remove the data you provide, either temporarily or permanently, at any time, for any reason or no reason, without notice and without any liability to you. If, at any time during the existence of this Website you do not agree or cannot comply with the Terms, your only remedy is to stop using this Website. You will be deemed to have accepted the Terms, as amended, if you continue to use this Website after any amendments are posted. The Site Editor will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

  1. Your Responsibilities and Registration Obligations

In order to use this Web Site or certain parts of it, you may be required to register for a user account on this Web Site; in this case, you agree to provide truthful information when requested.  By registering for a user account, you hereby certify 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 this Agreement on your behalf. Children under the age of thirteen (13) may not register on this Website and parents or legal guardians may not register on their behalf. By entering into the Website, you have indicated your acceptance of these Terms, you represent that (i) you have read, understood and agreed to be bound by these Terms and (ii) you are at least eighteen (18) years old, either entering into and agreeing to obey these Terms for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian subscribing to this Website for the benefit of your child, please be aware that you are fully responsible for his or her use and conduct on the Website, 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 this Website.

  1. Privacy Policy

Registration data and other personally identifiable information that the Website may collect is subject to the terms of the Site Editor's Privacy Policy.

  1. Registration and Password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the Site Editor of any unauthorized use of your user account, user name or password. The Site Editor shall not be responsible for any losses arising out of the unauthorized use of your user account, user name or password. 

  1. Your Conduct.  By using this Website or any service provided, you explicitly agree that:

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (collectively, the "Content"), made available publicly or privately, will be under the sole responsibility of the person providing said Content, or of the person whose user account is used. You agree that this Website may expose you to Content that may be objectionable or offensive. The Site Editor will not be responsible to you in any way for content displayed on this Website, nor for any error or omission.

You will not provide any Content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Website or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

  • You will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
  • You will not collect or harvest any information about other users;
  • You will not provide, and you will not use this Website to provide, any Content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this Website to promote or operate any service or Content without the Site Editor's prior written consent;
  • You will not provide any Content that may give rise to the Site Editor being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.
  • Submission of Content on this Website

By providing any Content to this Website:

  • You agree to grant the Site Editor 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;
  • You warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the Site Editor the license specified in this section 7;
  • You acknowledge and agree the Site Editor will have the right (but not obligation), at the Site Editor's 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.
  • Third-Party Services

Goods and services of third parties may be advertised and/or may be made available on or through this Website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The Site Editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

  1. INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE SITE EDITOR AND THE SITE EDITOR'S REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, RELATED PARTIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, ADVERTISERS, PARTNERS, AND CO-BRANDERS, FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, THAT MAY BE FILED BY ANY THIRD PARTY, ARISING OUT OF YOUR CONDUCT OR CONNECTION WITH THIS WEBSITE OR SERVICE, YOUR PROVISION OF CONTENT, YOUR VIOLATION OF THESE TERMS, OR ANY OTHER VIOLATION BY YOU OF THE RIGHTS OF ANOTHER PERSON OR PARTY.

  1. DISCLAIMER OF WARRANTIES

THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR WILL NOT BE HELD LIABLE IN ANY WAY.

THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEBSITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

  1. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO THROUGH ANY OF THE SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

  1. Reservation of Rights

The Site Editor reserves all of the Site Editor's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the Site Editor may have with respect to this Website, its Content, and goods and services that may be provided. The use of the Site Editor's rights and property requires the Site Editor's prior written consent. By making services available to you, the Site Editor is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this Website or provided services without the Site Editor's prior written consent.

  1. Notification of Copyright Infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the Site Editor's may be contacted by:

            Mail to:           Privacy Policy c/o;

                                    Hungry Howie's Pizza, Inc.

                                    30300 Stephenson Hwy.

                                    Madison Heights, MI. 48071

Email to:          hhcustserv@hungryhowies.com; or

Phone to:         (248) 414-3300 and ask to speak to Customer Service.

 

  1. Applicable Law

You agree that these Terms of use and any dispute arising out of your use of this Website or products or services provided will be governed by and construed in accordance with local laws applicable at the Site Editor's domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this Website, or by using this Website and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the Site Editor's domicile, and that any disputes will be heard by the said courts.

  1. Miscellaneous Information

The Site Editor may in its sole discretion terminate these Terms or suspend your account at any time without notice to you in the event that you breach (or the Site Editor reasonably suspects that you have breached) any provision of these Terms. If the Site Editor terminates these Terms, or suspends your account for any of the reasons set forth herein, the Site Editor shall have no liability or responsibility to you.

In the event that any provision of these Terms is deemed to conflict with legislation by a court with jurisdiction over the parties, then said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain valid and applicable;

The failure of either party to assert any right under these Terms will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect;

You agree that any claim or cause in respect of this Website or its services must be filed within six (6) months after such claim or cause arose, or said claim or cause will be forever barred, without regard to any contrary legislation;

The Site Editor may assign the Site Editor's rights and obligations under these Terms without notification to you; in the event of an assignment, the Site Editor will be relieved of any further obligation.