Terms of Use

Terms of Use

Last Modified: January 29, 2024 

Acceptance of the Terms of Use

The following terms and conditions, collectively with any and all documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of (a) the websites operated by HungerRush, LLC and its affiliates, including Menufy.com, LLC, Order AI, LLC, and 9Fold, LLC (“HungerRush”, “we”, “our”, or “us”), at all of its sites, including hungerrush.com, menufy.com, ordrai.com, and 9fold.me, and (b) all other websites and applications where these Terms of Use appear or are linked and that are owned or operated by or on behalf of HungerRush or any of its affiliates from time to time, including all content, functionality, and services offered on or through each of the foregoing (collectively, the “Websites”).

Please read these Terms of Use carefully before you start to use any Website. By accessing and using any Website, you accept and agree to be bound and abide by these Terms of Use (including our Privacy Policy found at https://www.hungerrush.com/privacy-policy (our “Privacy Policy”), which is incorporated herein by this reference). These Terms of Use constitute a legally binding agreement between us and you. If you do not agree to these Terms of Use (including our Privacy Policy), do not access or use any Website.

IMPORTANT NOTICE

PLEASE BE AWARE THE SECTIONS BELOW TITLED “GOVERNING LAW AND JURISDICTION” AND “YOU MUST BRING CLAIMS WITHIN ONE YEAR” CONTAIN LIMITATIONS ON HOW CLAIMS YOU HAVE AGAINST US MAY BE RESOLVED. BE ADVISED THAT THESE TERMS OF USE ALSO CONTAIN DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY AND CLAIMS AGAINST US THAT MAY BE APPLICABLE TO YOU. BY AGREEING TO THESE TERMS OF USE, YOU AGREE TO THOSE SECTIONS AND PROVISIONS.

Who May Use the Websites

The Websites are intended for use by individuals older than the age of majority in their jurisdiction of residence. If you are under the applicable age of majority, you may use our Websites only with involvement and permission of a parent or guardian, and by such use your parent and/or guardian hereby agrees to be, and will be, held jointly and severally liable for any and all claims arising from your use of any Website. Notwithstanding the foregoing, use of any Website by anyone under 13 is prohibited. By accessing or using any Website, you represent and warrant that you are of legal age to form a binding contract with HungerRush (or, if applicable, that you are a parent or guardian of the person accessing or using the Websites, that you consent to such access and use, and that you are of legal age to form a binding contract with HungerRush), and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Websites.

Changes to the Terms of Use

We reserve the right, without notice to you, to revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Websites thereafter. However, any change to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section below will not apply to any dispute of which the parties have actual notice prior to the date the change is posted on any Website.

Your continued use of any Website following the posting of revised Terms of Use means that you accept and agree to be bound by the changes. You should check this page each time you access any Website so that you are aware of any and all changes that may be made to these Terms of Use. IF YOU DO NOT AGREE TO THE REVISED TERMS OF USE, YOUR ONLY REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITES.

Accessing the Websites and Account Security; Information about You and Your Visits to the Websites

We reserve the right to withdraw or amend any Website, or any material we provide on any Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of any Website is unavailable at any time or for any period. From time to time, we may restrict access to all or any part of any Website to you or any other user, including registered users.

You may be asked to provide certain information in order to contact us through the Websites. It is a condition of your access to and use of the Websites that the information you provide on or through the Websites is correct, current, and complete, and you are responsible for contacting us to update your information as it changes. You agree that all information we collect (including any information you provide through the use of any interactive feature) on the Websites is governed by and subject to our Privacy Policy, and you consent to all actions we take with your information consistent with our Privacy Policy.

Intellectual Property Rights

The Websites and their entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by HungerRush, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to any Website or any content on any Website is transferred or assigned to you, and all rights not expressly granted are reserved by HungerRush. Any use of any Website or any of the foregoing not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. All goodwill that arises in connection with any logo, trademark, service mark, trade name or other indicia of origin of HungerRush or any of its affiliates or partners shall inure exclusively to HungerRush or its licensors, as applicable.

Website Cookies

The Websites deploy cookies and similar technologies. Cookies are small pieces of text sent to your browser by the Websites when you visit. These cookies may be stored on your browser, app, or device. Cookies help the Websites remember information about your visit, and also collect, use, and disclose to third parties information about your device, location, and browsing activity, as described in our Privacy Policy. To manage how cookies are used, including rejecting the use of certain cookies, you can try to adjust the cookie or privacy settings in your browser, adjust the settings on your mobile phone to block tools that identify apps and devices, or manage in-app identifiers in individual app settings.

Your Use of the Websites

These Terms of Use permit you to use the Websites solely: (a) for your personal, non-commercial purposes; and (b) if you are a customer of HungerRush or one of its affiliates, to purchase the products and services offered on the Websites by or on behalf HungerRush or its affiliates or partners, subject to all applicable terms and conditions (“Permitted Purposes”).

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on any Website, except as follows:

  • Your computer may temporarily store copies of such materials in memory incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Websites for a Permitted Purpose and not for further reproduction, publication, or distribution.

In addition, you may not:

  • modify any copy of any material from any Website;
  • use any illustration, photograph, video or audio sequence, or graphic separately from the accompanying text from any Website;
  • delete or alter any copyright, trademark, or other proprietary rights notices from any copy of any material from any Website; or
  • access or use for any purpose other than a Permitted Purpose any part of any Website or any service or material available on or through any Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of any Website in breach of these Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any and all copies of any Website materials you have made.

Code of Conduct

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use any Website:

  • in any way that violates any applicable federal, state, local, or international law, rule, or regulation (including any law regarding the export of data or software to or from the United States or any other country);
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or other similar solicitation;
  • to impersonate or attempt to impersonate HungerRush, any HungerRush employee, another user, or any other person or entity (including by using any email address or user name associated with any of the foregoing); or
  • to engage in any other conduct that restricts or inhibits anyone’s access to or use or enjoyment of any Website or which, as determined by us in or sole discretion, may harm HungerRush, any of its affiliates, or any user of any Website or expose any of the foregoing to liability.

 Additionally, you agree not to:

  • use any Website in any manner that could disable, overburden, damage, or impair any Website or interfere with any other person’s use of any Website, including such person’s ability to engage in any activity through any Website;
  • use any robot, script, spider, or other automatic device, process, or means to access any Website for any purpose, including monitoring or copying any of the material available on or through any Website;
  • use any manual process to monitor or copy any of the material on any Website for any purpose not expressly authorized in these Terms of Use, without our prior written consent;
  • use any device, software, or routine that interferes or is designed to interfere with the proper working of any Website;
  • introduce to any Website any virus, trojan horse, worm, logic bomb, or other code or material that is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of any Website, the server on which any Website is stored, or any server, computer, or database connected to or used with any Website;
  • attack any Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of any Website.

Reliance on Information Provided on the Websites

The information and materials presented to you on or through the Websites are made available solely for general information purposes. Such information and materials may include inaccuracies and typographical errors, and you should not rely on any information or material contained on or made available through any Website and should always independently investigate the accuracy and completeness of all information and materials presented. We do not make any representation or warranty with respect to the accuracy, completeness, or usefulness of any such information or material, and we disclaim all liability, whether direct or consequential, arising from or relating to any reliance placed on any such information or material by (a) you or any other visitor to or user of any Website or (b) any person who may be informed of any of the content of any such information or material.

Third-Party Content

This Website may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by HungerRush, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of HungerRush. We are not responsible, or liable to you or any third party, for the content, accuracy, or reliability of any materials provided by any third parties. Such content is provided solely as a convenience and does not imply any affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring of such content.

Links to Third-Party Sites

If any Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your access to or use of them. If you decide to access any of the third-party websites linked to or from this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Your Account and Content

Certain features of the Websites may allow or require you to create an account or provide personally identifiable information. If you are under 18 years of age or under the legal age to enter enforceable contracts in the jurisdiction from which you are accessing any Website, you may use such features of the Websites only with consent of a parent or guardian. By using any such feature of any Website, you represent and warrant that you meet such minimum age requirement or that you have obtained such consent.

If you create an account through any Website (your “Account”), you are responsible for maintaining the confidentiality of your Account information. You should treat your Account information (including your user name and password) as confidential. You acknowledge that your Account is personal to you and agree not to provide any other person access to any Website or any portion thereof, including through the use of your user name, password, or other security information. You agree to accept responsibility for all activities that occur on or through your Account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security relating to your Account or otherwise to your use of any Website. We hereby disclaim any and all liability relating to or arising from any unauthorized access to or use of your account. We reserve the right to disable your Account with or without notice to you at any time and for any reason, in our sole discretion.

Any and all comments, feedback, reviews, ratings, messages, ideas, suggestions, photographs, recordings or other materials or communications sent to us or submitted via any Website is collectively “User Content”. You hereby grant us and our affiliates an irrevocable, transferable, sublicensable, paid up, royalty-free, perpetual, worldwide, non-exclusive license to use, reproduce, disclose, publish, modify, remove, create derivative works from, distribute and otherwise exploit any and all User Content for any purpose whatsoever without restriction, and we shall have no obligation to (1) maintain any User Content in confidence, (2) pay compensation (including royalties) with respect to any User Content, or (3) respond to any User Content. You shall ensure that your User Content (i) complies with all applicable laws, rules and regulations, (ii) does not infringe, misappropriate or otherwise violate any intellectual property, proprietary, publicity or other right of any other person or entity, (iii) is not offensive, threatening, libelous, defamatory, pornographic, obscene, abusive, misleading, fraudulent or otherwise inappropriate or illegal, and (iv) does not contain any computer virus or other malware that could affect any Website, any of our systems or any third-party systems, or any other Website user. We may in our sole discretion monitor, edit or remove User Content from any Website.

Without limiting the generality of the foregoing, when posting a review or rating of any food or beverage provider, the following terms apply: (1) you had first-hand experience with the restaurant being reviewed within 10 days of your review; (2) you are not affiliated with competitors of the restaurant; and (3) your post complies with these Terms of Use. We may use your review(s) or rating(s) in connections with the Websites and our products and services without notification or approval from you, and without contribution or compensation to you. We may remove any rating or review without notice if we determine the review or rating is false or misleading. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

HungerRush Shop Purchase Terms

General

If you purchase products from shop.hungerrush.com (“HungerRush Shop”), the terms and conditions in this “HungerRush Shop Purchase Terms” section apply to that purchase, in addition to all other applicable terms and conditions of these Terms of Use and our Privacy Policy. Prices for all our HungerRush Shop products exclude any and all applicable taxes (which may include without limitation sales, use, VAT, and goods and services taxes) and duties and shipping, handling and other charges, unless expressly stated otherwise. You are responsible for payment of all such taxes and charges, which are non-refundable. Any price offers or advertisements given by us will be valid for the period stated on the offer or advertisement. Notwithstanding anything to the contrary herein, in the event a product is listed (including in any offer or advertisement) at an incorrect price due to a typographical error, entry error, error in pricing information received from our suppliers, or other error, we shall have the right to refuse or cancel any orders for such product.

Product offerings, prices, descriptions, specifications, features and images are subject to change at any time without notice. Products may be subject to quantity restrictions or other conditions of purchase. Without limiting the provisions of the sections below titled “Disclaimer of Warranties” and “Limitation of Liability,” we do not warrant, represent, undertake or covenant in any way that any product description or related information, material or content accessible using the HungerRush Shop will be accurate, complete, reliable, current or error-free, and we are not responsible for errors (typographical or otherwise) in any of the foregoing. Your sole remedy for any claim arising from the purchase or delivery of any product will be to return the product for a full or partial refund in accordance with the below. We reserve the right, but are not obligated, to limit the sales of products to any person, geographic region or jurisdiction.

You shall comply with (a) all applicable laws in connection with your purchase, receipt, possession, use, provision and sale of any product and (b) all labels, warnings, safety procedures and instructions provided with purchased products. We shall not be responsible or liable for any claim, loss, damage or liability in connection with a product that arises from the use, operation, storage or handling of the product other than as instructed by us or from your negligence or misconduct or the negligence or misconduct of any third party.

The risk of loss for and title to products purchased on the HungerRush Shop passes to the purchaser upon our delivery of such products to the carrier.

Order Acceptance

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity of any item you ordered. All orders are subject to our acceptance and product availability. We reserve the right to refuse or cancel any or all of your orders because of product availability or if we determine, in our sole discretion, that you are in breach of these Terms of Use, in which case you may be responsible for certain processing, restocking and similar fees.

Credit Cards and Other Payment Methods

We accept the following credit cards: Visa, MasterCard, and Discover. There is no surcharge for using your credit card to make purchases. Incorrect billing information may cause a delay in processing your order. Your credit card will be billed upon shipment of your order. We accept money orders, cashier’s checks, personal checks, and company checks in U.S. dollars only. Orders are processed upon receipt of a money order or cashier’s check. For personal and company checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. We cannot guarantee the availability of a product by the time funds clear or payment is received. We will charge a $25 fee on all returned checks.

If you elect to use a third-party provider and we are charged fees by that provider (including for transfer of funds, retrieval of payment details or any other purpose), we reserve the right to charge you for those fees. It is your responsibility to ensure that sufficient funds are available to cover the fees and charges for the products, and we have no liability for any overdraft or other fees that you may incur as a result of us processing your payment. If payment for any products is declined or returned, we reserve the right to suspend or terminate your access to the HungerRush Shop, terminate any order, stop shipment of any products, and/or pursue other remedies available to us.

Shipping

Most orders received before 2:00 p.m. ET will ship the same day, provided that the product ordered is in stock and special handling or configuration is not needed for item ordered. Most orders received after 2:00 p.m. ET will ship the next business day. Orders are not processed or shipped on holidays, Saturday or Sunday, except by prior arrangement. Contact us for special delivery requests. We cannot guarantee when an order will arrive. You may cancel your order at any time prior to shipping. Consider any shipping or transit time offered to you by us, any carrier or any other person only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

Additional shipping fees may be incurred on all orders that exceed 125 lbs. You will be contacted by us prior to shipping if any additional fees will apply to your order. Orders shipping outside the United States (if permitted) may be subject to brokerage fees, customs fees, and local taxes. All such fees and taxes are your responsibility. Please contact your local customs office for details. If the item you have ordered is out-of-stock, your order will be delayed. For a multiple product order, we will attempt to (but make no guarantee that we will) ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you instruct us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges and taxes. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple-shipment order.

Return Policy

Unless noted below or in the product description, some products can be canceled or returned 15-30 days from the date of delivery date to you. Please allow 4-6 weeks to process refunds and credit your account. To receive credit, all products must (a) be returned in their original packaging, (b) include all manuals, cables, warranty cards, etc., and (c) be clean, without scratches and resealed in a factory new condition. All products must be returned double boxed, with no markings or writing on the original box. If a product shows signs that the entire product and packaging was removed from its original box, a refund may be denied resulting in shipment of the product back to the customer, and you will be charged those shipping fees. Freight charges are not refundable. Customer is responsible for shipping costs on returned items. Customer must send the product, via traceable means. For tracking and security reasons, all returns must be sent by Federal Express, UPS, Airborne, DHL, or certified and insured U.S. mail.

–    Full Refund

Items that are returned and received by us within 15 days of delivery to you are eligible for a refund of the amount paid by you to us (excluding any discounts, rebates, etc. as applicable) if all of the following conditions are met: (a) item must be received by us within 15 calendar days of delivery to you and you must provide proof of when delivery occurred; (b) item must be unopened; (c) item must be in the original manufacturer box; and (d) the manufacturer box must be free from any markings and damage.

–    Partial Refund – Restocking

Items that are returned and received by us within 16-30 days of delivery to you are eligible for a refund of the amount paid by you to us (excluding any discounts, rebates, services, etc. as applicable) minus a 20% restocking fee, if all of the following conditions are met: (a) item must be received by us within 30 calendar days of delivery to you and you must provide proof of when delivery occurred; (b) item must be unopened; (c) item must be in the original manufacturer box; and (d) the manufacturer box must be free from any markings and damage.

–    Partial Refund – Damaged / Opened Packaging

Items that are returned in original packaging and received by us within 30 days of delivery to you are eligible for a refund of the amount paid by you to us (excluding any discounts, rebates, services, etc. as applicable) minus a 40% restocking fee, if all of the following conditions are met: (a) item must be received by us within 30 calendar days of delivery to you and you must provide proof of when delivery occurred; (b) item must be working and in new condition; and (c) item must be free from any markings or scratches.

–    DOA Policy

If a product arrives Dead On Arrival (i.e., the product as received is non-functional or damaged) (“DOA”), contact customer service immediately to complete an advanced replacement form. Please see manufacturer’s warranties for manufacturer DOA polices. You are responsible for shipping costs on returned items unless noted otherwise by us. At our sole discretion, we will determine if the item in question is in fact DOA and if so, issue a call tag to have the item picked up and we will replace the item with a new one of the same item upon receipt. For cross shipments, payment must be secured via credit card in advance.

Non-refundable items include: third-party software, Epson Printers, services, freight charges, travel expenses, delivery and/or installation services, and all fees or charges designated as non-refundable on your transaction confirmation form or in any product description.

Food and Beverage Ordering Services

The terms and conditions in this section apply to any food or beverage orders placed via any Website, including Menufy and OrdrAI.

Certain of our Websites allow customers to order meals and beverages from restaurants. Although you place orders through our Website, we do not prepare your order, food, or beverages; rather, we connect you with restaurants through our Website and process orders placed through the Website. We require restaurants to comply with all applicable laws and safety regulations regarding your order and food preparation. We cannot, however, verify every restaurant’s compliance with all laws and regulations for every order placed through our Website. We do not verify a restaurant’s ingredients, menus, or representations regarding its food or food preparation. You are advised to contact the restaurant directly should you have any food allergens or questions about your order with the restaurant. By agreeing to these Terms of Use, you understand and agree that we will not be responsible for a restaurant’s ingredients or representations made about its food.

We also partner with delivery service providers to deliver orders to you (when available and selected by you). We may share certain information you provide to us with the delivery service providers to complete the delivery of your order. The delivery service providers are independent contractors who are not employed by us. Each delivery service provider controls the means and method in which its workers deliver orders. Your use of delivery service providers may be subject to the applicable provider’s terms of use. Please review the applicable delivery service provider’s terms for more information. We are not responsible for the services, acts, omissions, or representations of the delivery service providers.

You pay for food and beverage order(s) placed through the Website. When you place an order, you agree that we may immediately charge your credit card, Google Pay, Apple Pay, Venmo, PayPal, Bitcoin, or other financial account. You agree that all information you submit when you place an order will be true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend, terminate, or refuse current or future use of the Website.

All payments are non-refundable and final, unless we determine, in our sole discretion, an error was made in your order due to no fault of your own. If we determine an error was made, we may issue a refund or a credit. If you have any questions regarding charges relating to your order, please contact us as set forth below.

Alcoholic Beverages Policy

If you place an order that includes any alcoholic beverage, you represent and warrant that you are at least 21 years of age and are otherwise legally entitled to pick up or accept delivery of (as applicable) the alcoholic beverages. Prior to receiving any alcoholic beverages, you must present a government-issued identification card showing evidence of your age, in accordance with applicable legal requirements. The restaurant or delivery service provider may electronically scan the identification card to confirm its validity. You acknowledge and agree that (a) online orders and/or delivery of alcoholic beverages may not be permitted or available in your jurisdiction, (b) delivery service providers and restaurants may withhold delivery of alcoholic beverages if you appear intoxicated or otherwise impaired, or otherwise in their discretion, (c) restaurants may have their own policies with respect to fulfilling alcoholic beverage orders with which you must comply, (d) you may be charged additional taxes and fees on alcoholic beverage orders, and (e) if you do not comply with these terms or any other applicable third-party terms and conditions, the alcoholic beverages may not be provided to you and in such case, you may forfeit the cost of those beverages and/or be responsible for restocking fees.

Changes to the Websites

We may update the content on this Website from time to time, but such content is not necessarily complete or up to date at any given time. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to withdraw or update the Websites, in our sole discretion and with or without notice to you. We will not be liable if, for any reason, all or any part of any Website is unavailable at any time or for any period of time.

Linking to the Websites

You may link to any Website homepage, provided you do so in a way that is fair, legal, and consistent with these Terms of Use and does not damage or take advantage of our reputation. You may not establish any such link in any way that suggests any form of association, approval, or endorsement on our part without our express written consent.

Geographic Restrictions

The Websites and our products and services are intended for use only in the country(ies) in which the applicable Website, product or service is made available or sold. We make no claims that the Website or any of its content, or any product or service available via any Website, is accessible or appropriate outside of the applicable jurisdictions where we elect to make them available. Access to the Websites and use of the products and services may not be legal by certain persons or in certain countries. If you access any Website or use any such product or service outside of such jurisdictions, you do so on your own initiative and at your own risk, and are responsible for compliance with local laws.

Mobile Applications

If you download any mobile application from a third-party platform, service provider or distributor, such as Apple App Store, Google Play Store, Amazon Appstore, etc. (collectively, the “Platform Provider“), Your download of, access to and use of such application may also be governed by terms and conditions of the Platform Provider (“Usage Rules“). It is your responsibility to determine what Usage Rules are applicable to your use of the application. You undertake to comply with all the applicable Platform Provider's Usage Rules and are solely responsible for your use of any Platform Provider product or service. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using our mobile applications. Any download and/or use of a mobile application by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the mobile application is expressly prohibited. You hereby acknowledge that mobile applications may consume bandwidth from your mobile data plan. We grant you a revocable, non-exclusive, non-transferable right to install and use our mobile applications on mobile devices owned or controlled by you. Your use of the mobile applications must comply with these Terms of Use. All rights, title, and interest in the mobile application is maintained by us and any third-party code provider. We retain and reserve all rights in the mobile application not expressly granted herein. You agree to comply with all applicable laws relating to use of the mobile application.

Geotracking

If you elect to use the HungerRush Driver TrackTM mobile application (or any successor mobile application) (“Driver Track”), you hereby acknowledge and agree that: (a) the purpose of Driver Track is to help businesses manage and increase the efficiency of your deliveries by tracking your location; (b) while Driver Track is installed on your device and running (whether in the “foreground” or the “background,” i.e., when you’re not active within Driver Track’s window), the location of such device can and will be tracked by us and the businesses to which you make deliveries, so you are solely responsible for turning off Driver Track when you are not working so that your device’s location is not tracked during that time; (c) you are voluntarily using Driver Track and no person, including us and your employer (or any of our representatives or your employer’s representatives), has coerced or required you to do so; (d) you will use Hunger Track solely as expressly set forth herein for purposes of your work as, and in your capacity as, a delivery driver; (e) you will cease use of and delete Driver Track if asked to do so by us or your employer, and upon any termination of your employment with your employer; (f) we may remove from your device or otherwise disable Driver Track at any time in our discretion; (g) in no event shall you be entitled to any payments, reimbursements or other compensation in connection with your use of Driver Track; and (h) if requested by us, you will use good faith efforts to provide timely, complete and honest responses to our inquiries regarding your use of Driver Track. If you do not wish to use Driver Track, do not download or use Driver Track, and at any time you may cease using and/or delete Driver Track.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that any file available for download from the Internet or any Website will be free of any virus or other destructive or malicious code. You are responsible for implementing sufficient procedures, safeguards, and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Websites for reconstruction of any lost data. WE ARE NOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT ANY OF YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIALS DUE TO YOUR USE OF ANY WEBSITE OR ANY SERVICE OR ITEM ACCESSIBLE OR OBTAINED ON OR THROUGH ANY WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON ANY WEBSITE OR ANY THIRD-PARTY WEBSITE LINKED TO OR FROM ANY WEBSITE.

YOUR USE OF EACH WEBSITE, ITS CONTENT, AND ALL SERVICES AND ITEMS ACCESSIBLE OR OBTAINED ON OR THROUGH SUCH WEBSITE IS AT YOUR OWN RISK. EACH WEBSITE, ITS CONTENT, AND ALL SERVICES AND ITEMS ACCESSIBLE OR OBTAINED ON OR THROUGH SUCH WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER HUNGERRUSH NOR ANY OF ITS AFFILIATES, NOR ANY PERSON ASSOCIATED WITH HUNGERRUSH OR ANY OF ITS AFFILIATES, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER HUNGERRUSH NOR ANY OF ITS AFFILIATES, NOR ANY PERSON ASSOCIATED WITH HUNGERRUSH OR ANY OF ITS AFFILIATES, REPRESENTS OR WARRANTS THAT ANY WEBSITE, ITS CONTENT, OR ANY SERVICE OR ITEM ACCESSIBLE OR OBTAINED ON OR THROUGH ANY WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT ANY DEFECT WILL BE CORRECTED, THAT ANY WEBSITE OR THE SERVER THAT MAKES SUCH WEBSITE AVAILABLE IS FREE OF ANY VIRUS OR ANY OTHER HARMFUL COMPONENT, OR THAT ANY WEBSITE OR ANY SERVICE OR ITEM ACCESSIBLE OR OBTAINED ON OR THROUGH ANY WEBSITE WILL OTHERWISE MEET ANY OF YOUR NEEDS OR EXPECTATIONS.

HUNGERRUSH HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL HUNGERRUSH, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ANY WEBSITE, ANY THIRD-PARTY WEBSITE LINKED TO OR FROM ANY WEBSITE, ANY CONTENT ACCESSIBLE OR OBTAINED ON OR THROUGH ANY WEBSITE OR ANY SUCH THIRD-PARTY WEBSITE, OR ANY SERVICE OR ITEMS ACCESSIBLE OR OBTAINED ON OR THROUGH ANY WEBSITE OR ANY SUCH THIRD-PARTY WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, LOSS, LIABILITY, INJURY, DAMAGES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH OUR WEBSITES OR YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE VIA OUR WEBSITES) SHALL NOT EXCEED THE LESSER OF (1) U.S. $1,000 AND (2) THE FEES PAID BY YOU FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAW). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, ALL OR A PORTION OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

You agree that the above exclusions and limitations of liability are reasonable in accordance with each of your and our obligations and level of risk under these Terms of Use. 

Indemnification

You agree to defend, indemnify, and hold harmless HungerRush, its affiliates, and the respective licensors, service providers, suppliers, officers, directors, employees, contractors, agents, successors, and assigns of each of the foregoing from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms of Use or your access to or use of any Website, including (i) your use of any of the Websites’ content, services, or products other than as expressly authorized in these Terms of Use and (ii) your use of any information obtained from any Website; (b) your User Content; (c) your negligence or willful misconduct; (d) your violation of any applicable law, rule or regulation; (e) personal injury, death or property damage; or (f) any unauthorized access to or use of your Account.

Governing Law and Jurisdiction

These Terms of Use and any and all disputes and claims arising from or related to any Website (in each case, including non-contractual disputes and claims) shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

You agree that all legal suits, actions, and proceedings arising out of or related to these Terms of Use or any Website shall be resolved through binding arbitration governed by the Federal Arbitration Act (“FAA”). BY AGREEING TO ARBITRATION, YOU DO NOT HAVE THE RIGHT TO LITIGATE YOUR CLAIM(S) IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator from an alternative dispute resolution services provider mutually agreed by the parties. Such arbitrator’s decision will be final except for any limited right of appeal expressly permitted under the FAA. The arbitrator’s fees and the costs will be shared equally by the parties, unless prohibited by law. The parties are responsible for their own attorneys’ fees. If the parties cannot agree on an alternative dispute resolution services provider, the provider will be determined in accordance with Texas law. The arbitration proceeding will take place in Harris County, Texas, unless otherwise agreed by the parties. A Texas court of competent jurisdiction will have the authority to enter judgment on the arbitrator’s decision and award. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Notwithstanding the foregoing, each party retains the right to seek injunctive relief relating to intellectual property rights in any Texas court of competent jurisdiction. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any claim, and such claims shall be decided by a Harris County, Texas court of competent jurisdiction, and you hereby expressly agree to submit to the personal jurisdiction of that court.

You acknowledge and agree that any claim or dispute in any arbitration or proceeding shall be brought on an individual basis only, and not as a class action or collective action, and there is no right or authority for any dispute or claim to be brought in a purported representative capacity on behalf of the general public or any other persons.

You Must Bring Claims within One Year

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ANY WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by HungerRush of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HungerRush to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Term and Termination

These Terms of Use are effective from the date on which you first access any Website and shall remain effective until terminated in accordance herewith. We may immediately terminate these Terms of Use, and/or your access to and/or use of any Website, at any time and for any reason, with or without cause, without prior notice. Upon termination of these Terms of Use, your right to access and use our Websites shall immediately and automatically terminate and you shall cease all access to and use of our Websites. In the event of termination of these Terms of Use for any reason, all of your payment obligations, all restrictions, disclaimers, and limitations herein, and all terms and conditions which by their nature reasonably should survive termination, shall survive such termination.

DMCA Policy – Removal of Content

We are unable to monitor the copyright ownership of all content posted in the Websites. If you believe that your work has been copied and is accessible on our Websites in a way that constitutes copyright infringement or that our Websites contain links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing all of the following information to our copyright agent, as set forth below.

1.    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2.    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, and information reasonably sufficient to permit us, or our third-party service providers, to locate the material.

3.    Information reasonably sufficient to permit us, or our third-party service providers, 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.

4.    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.

5.    A statement that the information in the notification is accurate, and under penalty of perjury in the United States or its equivalent in any other country or jurisdiction, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent: HungerRush, LLC, 1315 West Sam Houston Parkway North, Suite 100, Houston TX 77043, Attn: Customer Service.

Note: Only copyright complaints should be sent to the Copyright Agent identified above. No other communications will be accepted or responded to. For communications regarding other matters, please contact us as set forth below.

NOTICE FOR RESIDENTS OF CALIFORNIA IN THE UNITED STATES

UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA USERS ARE ENTITLED TO THE FOLLOWING CONSUMER RIGHTS NOTICE: IF YOU HAVE A QUESTION OR COMPLAINT REGARDING OUR PRODUCTS OR SERVICES, PLEASE CONTACT US AS SET FORTH BELOW. CALIFORNIA RESIDENTS MAY REACH THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS, CONSUMER INFORMATION CENTER BY MAIL AT 1625 NORTH MARKET BLVD., SUITE N 112, SACRAMENTO, CA 95834, OR BY TELEPHONE AT (800) 952-5210. THIS SECTION DOES NOT APPLY TO YOU IF YOU ARE NOT A RESIDENT OF THE STATE OF CALIFORNIA IN THE UNITED STATES.

Assignment

We may assign our rights and obligations under this agreement, without notice to you, to (1) any of our affiliates or (2) any party or its affiliate acquiring all or substantially all of the assets or stock, whether by merger or otherwise, of HungerRush or an affiliate of HungerRush. This agreement may not be assigned by you without our prior written consent.

No Third-Party Rights

Except for your indemnification and defense obligations, these Terms of Use do not and are not intended to confer any right or remedy upon any person other than the parties.

Entire Agreement; Construction

These Terms of Use (including our Privacy Policy) constitute the sole and entire agreement between you and HungerRush with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. For purposes of these Terms of Use, the word “including” and words of similar import means “including, without limitation”.

Remedies

Notwithstanding anything to the contrary, in addition to any and all remedies available at law, we shall be entitled to seek an injunction or other equitable remedies in all legal proceedings in the event of any threatened or actual violation by you of any of these Terms of Use.

Contact Information

All feedback, comments, requests for technical support, and other communications relating to any Website should be directed to HungerRush Support Team at 281-971-2500 or at support.hungerrush.com.