MHungry Terms And Conditions



CONDITIONS OF USE
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.


PRIVACY
Please review our Privacy Statement and Security Policy, which also governs your visit to MHungry.com, to understand our practices.


ELECTRONIC COMMUNICATIONS
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.


COPYRIGHT
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.


TRADEMARKS
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.


PATENT
Status: Patent Pending. Application has not been published.


LICENSE AND SITE ACCESS
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.


YOUR ACCOUNT INFORMATION
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.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
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.


PRODUCT DESCRIPTIONS
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.


OTHER BUSINESSES
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.


PROCEDURE
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.


RIGHT OF REFUSAL
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.


APPLICABLE LAW
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.


DISPUTES
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.


SITE POLICIES, MODIFICATION, AND SEVERABILITY
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.


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.