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| MHungry - Terms & Conditions |
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| Conditions of Use |
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MHungry.com, a division of Universal ATM Network, Inc., and its affiliates
provide their services to you subject to the following conditions. If you visit
or shop at MHungry.com, use any current or future MHungry.com service, or visit
or purchase from any business affiliated with MHungry.com, you accept these
conditions and will be subject to the guidelines and conditions applicable to
such service or business.
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| PRIVACY |
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Please review our Privacy Statement and Security Policy, which also governs
your visit to MHungry.com, to understand our practices.
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| ELECTRONIC COMMUNICATIONS |
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When you visit MHungry.com or send e-mails to us, you are communicating with
us electronically and consent to receive communications from us electronically
by e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
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| COPYRIGHT |
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All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software,
is the property of MHungry.com or its content suppliers and protected by United
States and international copyright laws. The compilation of all content on this
site is the exclusive property of MHungry.com and protected by U.S. and
international copyright laws. All software used on this site is the property of
MHungry.com or its software suppliers and protected by United States and
international copyright laws.
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| TRADEMARKS |
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MHungry.com, MHungry, The Usual and all related logos, products and services
described in this website are either trademarks or registered trademarks of
MHungry, or its licensors, and (aside from the circumstances described below)
may not be copied, imitated or used, in whole or in part, without the prior
written permission of MHungry. In addition, all page headers, custom graphics,
button icons, and scripts are service marks, trademarks, and/or trade dress of
MHungry and may not be copied, imitated, or used, in whole or in part, without
the prior written permission of MHungry.
Notwithstanding the above, HTML logos (“Logos”) provided by MHungry through
its affiliate programs may be used without prior written consent for the
purpose of directing web traffic to the Service. These Logos may not be
altered, modified, or changed in any way, or used in a manner that is
disparaging to MHungry or its service. Logos may not be displayed in any manner
that implies sponsorship or endorsement by MHungry. MHungry is a payment
service, and no partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
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| PATENT |
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Status: Patent Pending. Application has not been published.
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| LICENSE AND SITE ACCESS |
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MHungry.com grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of MHungry.com. This license
does not include any resale or commercial use of this site or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; any downloading or copying of
account information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. This site or
any portion of this site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without
express written consent of MHungry.com. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of MHungry.com and our
affiliates without express written consent. You may not use any meta tags or
any other "hidden text" utilizing MHungry.com's name or trademarks without the
express written consent of MHungry.com. Any unauthorized use terminates the
permission or license granted by MHungry.com. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of
MHungry.com so long as the link does not portray MHungry.com, its affiliates,
or their products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any MHungry.com logo or other proprietary
graphic or trademark as part of the link without express written permission.
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| YOUR ACCOUNT INFORMATION |
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If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. MHungry.com does sell products for children, but it sells
them to adults, who can purchase with a credit card. If you are under 18, you
may use MHungry.com only with involvement of a parent or guardian. MHungry.com
and its affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
If you wish to purchase products or services offered through this site, you
may be asked to supply certain information, including credit card or other
payment information. By providing such information, you represent and warrant
that it is accurate, complete, and current. By making any such purchase, you
agree to pay all charges (including shipping and handling charges) incurred by
users of your credit card or other payment mechanism at the prices in effect
when such charges are incurred. You are responsible for paying any taxes
applicable to such purchase.
As an additional layer of security for our customers, all credit card numbers
provided to MHungry.com are stored on a computer that is not connected to the
Internet. Upon registration of your credit card information, it is transferred
to this secure machine with a one-way interface. This computer is not
accessible through the Internet by network or modem, and the number is not
stored anywhere else.
Email addresses, postal addresses, or telephone numbers and other personally
identifying data about you submitted in connection with any purchase may be
used by MHungry.com to send communications to you regarding orders placed.
MHungry.com may also use this information to communicate advance notice of
events and new products and services.
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| DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY |
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This site is provided by MHungry.com on an "as is" and "as available" basis.
MHungry.com makes no representations or warranties of any kind, express or
implied, as to the operation of this site or the information, content,
materials, or products included on this site. All items purchased from
MHungry.com are made pursuant to a restaurant service agreement. This means
that the risk of loss and title for such items pass to you upon our placing the
order with a restaurant. You expressly agree that your use of this site is at
your sole risk. Neither MHungry.com nor its parents nor any of its affiliates
will be responsible or liable for any direct, indirect, incidental,
consequential, special, exemplary, punitive, or other damages arising out of or
relating to the purchase or use of any product or service offered through this
site. Your sole remedy for dissatisfaction with any products or services
offered through this site is to discontinue purchasing or using such products
or services. Certain state laws do 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 may have additional rights.
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| PRODUCT DESCRIPTIONS |
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MHungry.com and its affiliates attempt to be as accurate as possible. However,
MHungry.com does not warrant that product descriptions or other content of this
site is accurate, complete, reliable, current, or error-free.
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| OTHER BUSINESSES |
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Parties other than MHungry.com and its subsidiaries may operate stores,
provide services, or sell product lines on this site. In addition, we may
provide links to the sites of affiliated companies and certain other
businesses. We are not responsible for examining or evaluating, and we do not
warrant the offerings of, any of these businesses or individuals or the content
of their Web sites. MHungry.com does not assume any responsibility or liability
for the actions, product, and content of all these and any other third parties.
You should carefully review their privacy statements and other conditions of
use.
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| PROCEDURE |
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Except as explicitly stated otherwise, any notices shall be given by postal
mail to MHungry, Attn: Legal Department, 2637 Alta Arden Expressway,
Sacramento, California 95825 (in case of MHungry) or the email address you
provide to MHungry during the registration process (in your case). Notice shall
be deemed given 24 hours after posted or email is sent, unless the sending
party is aware that the electronic communication was not received.
Alternatively, we may give you notice by mail to the address provided to
MHungry during the registration process. In such case, notice shall be deemed
given 3 days after the date of mailing.
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| RIGHT OF REFUSAL |
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MHungry.com reserves the right to refuse any order for any reason. Orders may
be delayed or canceled if MHungry.com is not given completely accurate
information and/or is unable to contact the person who has placed the order
and/or is the primary cardholder for the order.
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| APPLICABLE LAW |
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By visiting MHungry.com, you agree that the laws of the state of California,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and MHungry.com
or its affiliates.
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| DISPUTES |
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Any dispute relating in any way to your visit to MHungry.com or to products
you purchase through MHungry.com shall be submitted to confidential arbitration
in Sacramento, California, except that, to the extent you have in any manner
violated or threatened to violate MHungry.com's intellectual property rights,
MHungry.com may seek injunctive or other appropriate relief in any state or
federal court in the state of California, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall
be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this Agreement shall be
joined to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
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| SITE POLICIES, MODIFICATION, AND SEVERABILITY |
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Please review our other policies, such as our pricing & security policies,
posted on this site. These policies also govern your visit to MHungry.com. We
reserve the right to make changes to our site, policies, and these Conditions
of Use at any time. If any of these conditions shall be deemed invalid, void,
or for any reason unenforceable, that condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining condition.
These terms, and conditions constitute the entire agreement between
MHungry.com and you with respect to any purchase of products or services
through this site. If any term or other provision hereof is determined by any
court of competent jurisdiction to be invalid, illegal, or unenforceable in
whole or in part by reason of any applicable law or public policy, and such
determination becomes final and non-appealable, such term or other provision
will remain in full force and effect to the fullest extent permitted by law,
and all other terms and provisions hereof will remain in full force and effect
in their entirety.
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