Acceptance of Terms
1.1 eHungry, Inc (referred to here as “eHungry”)
provides its Service (as defined below) to You
through its web site located at www.eHungry.com (the
“Site”), subject to this Terms of Service agreement
(“TOS”). By accepting this TOS or by accessing or
using the Service or Site, You acknowledge that you
have read, understood, and agree to be bound by this
TOS. If You are entering into this TOS on behalf of
a company or other legal entity, You represent that
You have the authority to bind such entity and its
affiliates to these TOS, in which case the terms
“You” or “Your” shall refer to such entity and its
affiliates. If You do not have such authority, or if
You do not agree with these TOS, You must not accept
these TOS and may not use the Service.
1.2 eHungry may change this TOS from time to time
without prior notice. You can review the most
current version of this TOS at any time at
http://www2.ehungry.com/tos.php. The revised terms and
conditions will become effective upon posting and if
You use the Service after that date, we will treat
your use as acceptance of the revised terms and
conditions. If any change to this TOS is not
acceptable to You, your only remedy is to stop
accessing and using the Service.
Description of Service
The “Service” includes (a) the Site, (b) the eHungry
online ordering system, tools and services provided
through the Site and by the eHungry API made
available via the Site, and (c) all software, data,
text, images, sounds, video, and content made
available through the Site or services, or developed
via the eHungry API (collectively referred to as the
“Content”). Any new features added to or augmenting
the Service are also subject to this TOS.
General Conditions / Access and Use of the
Service
3.1 Subject to the terms and conditions of this TOS,
You may access and use the Service only for Your
internal business purposes as contemplated by the
Agreement. You shall not (a) license, sublicense,
sell, resell, rent, lease, transfer, assign,
distribute, time share or otherwise commercially
exploit or make the Service available to any third
party, other than as expressly permitted by this
TOS; (b) use the Service to process data on behalf
of any third party, or (c) use the Service in any
unlawful manner or in any manner that interferes
with or disrupts the integrity or performance of the
Service and its components.
3.2 Subject only to the limited right to access and
use the Service expressly granted to You under this
TOS, all rights, title and interest in and to the
Service and its components will remain with and
belong exclusively to eHungry. You shall not modify,
adapt or hack the Service to falsely imply any
sponsorship or association with eHungry, or
otherwise attempt to gain unauthorized access to the
Service or its related systems or networks.
3.3 You are responsible for all information, data,
text, messages or other materials that You post or
otherwise transmit via the Service. You are
responsible for maintaining the confidentiality of
Your login and account and are fully responsible for
any and all activities that occur under Your login
or account.
3.4 eHungry reserves the right to access any or all
Your accounts in order to respond to Your requests
for technical support.
3.5 You understand that the technical processing and
transmission of the Service, including Your content,
may be transferred unencrypted and involve (a)
transmissions over various networks; (b) changes to
conform and adapt to technical requirements of
connecting networks or devices and (c) transmission
to eHungry’s third party vendors and hosting
partners to provide the necessary hardware,
software, networking, storage, and related
technology required to operate and maintain the
Service. eHungry will use reasonable efforts to
publish on the site or notify You of any planned
downtime of the Service.
3.6 The failure of eHungry to exercise or enforce
any right or provision of this TOS shall not be a
waiver of that right. You acknowledge that this TOS
is a contract between You and eHungry, even though
it is electronic and is not physically signed by You
and eHungry, and it governs Your use of the Service
and takes the place of any prior agreements between
You and eHungry.
3.7 eHungry reserves the right to modify or
discontinue any service with or without notice to
you. eHungry shall not be liable to you or any third
party should eHungry exercise its right to modify or
discontinue services.
Trademarks
eHungry and eHungry's various logos used or
displayed on the Service are trademarks of eHungry
and you may only use these trademarks or logos for
promotional purposes to identify yourself as a
customer or user of the eHungry products and
services, provided You do not attempt to claim
ownership of the marks by incorporating any of them
within Your names or offerings.
Payment and Refunds
5.1 Trials and Payments. The Service is made
available on a pay-as-you-go basis and is charged at
the start of Your elected subscription term
(generally monthly). All plans come with an initial
free trial period of up to 30 days.
5.2 Plan and Price Changes. If you choose to upgrade
Your plan, any incremental cost will be prorated
over the remaining term of the subscription period
and charged to Your account. Subsequently, Your
credit card will automatically be charged the
adjusted rate on Your next billing cycle subsequent
to the pro-rating billing. A billing exception
exists if You are on a monthly billing cycle where
You will not see a prorated charge or credit in the
current month, but Your new billing rate will be
reflected on Your next monthly bill. Regardless of
Your billing cycle, there are no refunds or credits
for partial months of service, plan downgrades, or
refunds for months unused if You close Your account
before the end of Your subscription period. No
exceptions will be made in order to treat everyone
equally and keep our administrative costs low for
the ultimate benefit of our customer base.
Downgrading Your plan level may cause the loss of
content, features, or capacity of Your account and
eHungry does not accept any liability for such loss.
Prices of all eHungry plans and Services are subject
to change upon 30 days notice from us. Such notice
may be provided at any time.
5.3 Credit Card Billing, Receipts and Privacy. The
account owner will receive an email receipt upon
each credit card charge. The receipts are also
available for the account owner from within the
application. eHungry provides an interface for the
account owner (as defined in the sign-up procedure)
to change credit card information (e.g., upon card
renewal). eHungry uses a third-party intermediary to
manage credit card processing and this intermediary
is not permitted to store, retain, or use Your
billing information except to process Your credit
card information for eHungry.
Cancellation and Termination
6.1 Either You or eHungry may terminate your account
at any time, with or without cause, upon notice.
6.2 You are responsible for properly canceling
Your account. The account owner (as defined in the
sign-up procedure) can cancel the account at any
time by clicking on the Cancel link in Your account.
There are no other means of canceling Your account.
You will lose access to all of Your content upon
cancellation and we will delete it in our normal
course of business operations. This information
cannot be recovered once your account is cancelled.
If You cancel the Service before the end of Your
current paid-up subscription period, your
cancellation will take effect immediately and You
will not be charged again.
6.3 eHungry reserves the right to (i) modify or
discontinue, temporarily or permanently, the Service
(or any part thereof) and (ii) refuse any and all
current and future use of the Service, suspend or
terminate your account (any part thereof) or use of
the Service and remove and discard any of Your
content in the Service, for any reason, including,
if eHungry believes that You have violated these
TOS. eHungry will use all reasonable efforts to
contact You directly via email to warn You prior to
suspension or termination of Your account. Any
suspected fraudulent, abusive, or illegal activity
that may be grounds for termination of Your use of
Service, may be referred to appropriate law
enforcement authorities. eHungry shall not be liable
to You or any third party for any modification,
suspension or discontinuation of the Service.
Disclaimer of Warranties
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL
SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES
OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW
AND EHUNGRY EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT
EHUNGRY DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR
VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY
YOU FROM EHUNGRY OR THROUGH THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
Limitation of Liability
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY
(WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL
EHUNGRY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST
PROFITS, LOST SALES OR BUSINESS, LOST DATA OR
BUSINESS INTERRUPTION. IN ADDITION, EHUNGRY SHALL
NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES
OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE
PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING
THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE
HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS
SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN
THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE
LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO
THIS AGREEMENT.
8.2 Some states do not allow the exclusion of
implied warranties or limitation of liability for
incidental or consequential damages, which means
that some of the above limitations may not apply to
You. IN THESE STATES, EHUNGRY’S LIABILITY WILL BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Assignment
eHungry may assign or transfer this TOS, in whole
or in part, without restriction.
Export Compliance
You are responsible for complying with any
applicable laws, rules, or regulations governing the
export of the Service or any of its components.
Governing Laws
These TOS shall be governed by the laws of the State of Florida without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Florida for the purpose of resolving any dispute relating to Your access to or use of the Service.