Terms of Use

Effective Date: September 11, 2017

Last updated: November 15, 2023

Global Terms of Use

IMPORTANT NOTICE:

PLEASE READ THESE GLOBAL TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE. 

ARBITRATION NOTICE:

EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND NO CLASS ACTIONS” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES RELATED TO THE USE OF THE SERVICES OR INTERPRETATION OF THESE TERMS OF USE BETWEEN YOU AND HUNGRY HOWIE’S PIZZA & SUBS, INC., FRANCHISE OWNERS OR THIRD PARTY PROVIDERS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND DISCHARGE HUNGRY HOWIE’S FRANCHISE OWNERS, THIRD PARTY PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS FROM ANY AND ALL CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES RELATING TO OR ARISING FROM YOUR USE OF OR ACCESS TO THE SERVICES, WHETHER KNOWN OR UNKNOWN. THIS INDEMNIFICATION AGREEMENT IS INTENDED TO APPLY EVEN IF THE CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES ADDRESSED IN THIS PARAGRAPH RESULT FROM THE NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, VIOLATION OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT, STRICT LIABILITY, BREACH OF EXPRESS WARRANTY, BREACH OF IMPLIED WARRANTY, OR BREACH OF ANY OTHER COMMON LAW OR STATUTORY DUTY OR CAUSE OF ACTION BY HUNGRY HOWIE’S, FRANCHISE OWNERS OR THIRD PARTY PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS. THIS PROVISION SHALL BE CONSTRUED FAIRLY AND REASONABLY AND NEITHER MORE STRONGLY FOR, NOR MORE STRONGLY AGAINST, YOU OR US. THIS RELEASE AND DISCHARGE DOES NOT APPLY TO ANY AND ALL CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES RELATING TO OR ARISING FROM ANY EMPLOYMENT RELATIONSHIP BETWEEN EMPLOYEES OF HUNGRY HOWIE’S AND HUNGRY HOWIE’S, OR OTHERWISE PROHIBITED BY LAW.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

THE ARBITRATION SHALL BE ADMINISTERED BY THE ARBITRAL TRIBUNAL (“TRIBUNAL”). THE TRIBUNAL SHALL BE COMPOSED OF ONE ARBITRATOR, WHO SHALL BE INDEPENDENT AND IMPARTIAL. IF THE PARTIES FAIL TO AGREE ON THE TRIBUNAL WITHIN TWENTY (20) CALENDAR DAYS AFTER THE INITIATION OF AN ARBITRATION HEREUNDER, JAMS SHALL APPOINT THE TRIBUNAL. THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE. THE DECISION OF THE TRIBUNAL WILL BE FINAL AND BINDING ON THE PARTIES. JUDGMENT ON ANY AWARD(S) RENDERED BY THE TRIBUNAL MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. NOTHING IN THIS SECTION SHALL PREVENT EITHER PARTY FROM SEEKING IMMEDIATE INJUNCTIVE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION, AND ANY SUCH REQUEST SHALL NOT BE DEEMED INCOMPATIBLE WITH THE AGREEMENT TO ARBITRATE OR A WAIVER OF THE RIGHT TO ARBITRATE. THE PARTIES UNDERTAKE TO KEEP CONFIDENTIAL ALL AWARDS IN THEIR ARBITRATION, TOGETHER WITH ALL CONFIDENTIAL INFORMATION, ALL MATERIALS IN THE PROCEEDINGS CREATED FOR THE PURPOSE OF THE ARBITRATION AND ALL OTHER DOCUMENTS PRODUCED BY THE OTHER PARTY IN THE PROCEEDINGS AND NOT OTHERWISE IN THE PUBLIC DOMAIN, SAVE AND TO THE EXTENT THAT DISCLOSURE MAY BE REQUIRED OF A PARTY BY LEGAL DUTY, TO PROTECT OR PURSUE A LEGAL RIGHT OR TO ENFORCE OR CHALLENGE AN AWARD IN LEGAL PROCEEDINGS BEFORE A COURT OR OTHER JUDICIAL AUTHORITY. THE TRIBUNAL SHALL AWARD ALL FEES AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, TO THE PREVAILING PARTY, AS DETERMINED BY THE TRIBUNAL.

YOU MAY CHOOSE TO OPT OUT OF THE AGREEMENT TO ARBITRATE BY MAILING A WRITTEN OPT-OUT NOTICE (“NOTICE”) TO HUNGRY HOWIE’S. THE NOTICE MUST BE POSTMARKED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. THE NOTICE MUST BE MAILED TO 30300 STEPHENSON HWY, SUITE 200, MADISON HEIGHTS, MI 48071 TO THE ATTENTION OF LEGAL DEPARTMENT. THIS PROCEDURE IS THE ONLY MECHANISM BY WHICH YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE. OPTING OUT OF THE AGREEMENT TO ARBITRATE HAS NO EFFECT ON ANY OTHER PARTS OF THIS AGREEMENT, OR ANY PREVIOUS OR FUTURE ARBITRATION AGREEMENTS THAT YOU HAVE ENTERED INTO WITH HUNGRY HOWIE’S.

YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO BRING, OR BE A CLASS MEMBER IN, ANY CLASS ACTION SUIT RELATING TO ANY CLAIM. THEREFORE, WE AND YOU AGREE THAT ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL, NOT A CLASS-WIDE, BASIS, THAT ONLY WE (AND OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, AS APPLICABLE) AND YOU (AND YOUR AFFILIATES AND YOUR AND THEIR RESPECTIVE OWNERS, OFFICERS, AND DIRECTORS, AS APPLICABLE) MAY BE THE PARTIES TO ANY ARBITRATION PROCEEDING DESCRIBED IN THIS SECTION 4, AND THAT NO SUCH ARBITRATION PROCEEDING MAY BE CONSOLIDATED OR JOINED WITH ANOTHER ARBITRATION PROCEEDING INVOLVING US AND/OR ANY OTHER PERSON. DESPITE THE FOREGOING OR ANYTHING TO THE CONTRARY IN THIS SECTION 4, IF ANY COURT OR ARBITRATOR DETERMINES THAT ALL OR ANY PART OF THE PRECEDING SENTENCE IS UNENFORCEABLE WITH RESPECT TO A CLAIM THAT OTHERWISE WOULD BE SUBJECT TO ARBITRATION UNDER THIS SECTION 4, THEN WE AND YOU AGREE THAT THIS SECTION 4 WILL NOT APPLY TO THAT CLAIM, AND SUCH CLAIM WILL BE RESOLVED IN A JUDICIAL PROCEEDING IN ACCORDANCE WITH THE REMAINDER OF SECTION 17 (EXCLUDING SECTION 4).

WE AND YOU SHALL BE BOUND BY THE DECISION OF THE ARBITRATOR AND CONSENT TO THE IMMEDIATE ENTRY OF JUDGMENT UPON SUCH AWARD IN A COURT OF COMPETENT JURISDICTION.

The Services may contain references to names, marks, data, content, products, and/or services of Third-Party Providers; including links to others websites; and descriptions of services and products. These references, links, and descriptions are provided solely for your convenience. By including these references, we do not endorse any Third-Party Provider or other third party, their content, or any products or services they offer. You are responsible for knowing when you are leaving the Services to visit a Third-Party Provider or other third-party website and for reading and understanding the terms and conditions and privacy statements for each such website. WE WILL NOT IN ANY MANNER BE LIABLE FOR OR RESPONSIBLE FOR ANY OF YOUR DEALINGS OR INTERACTION WITH FRANCHISE OWNERS, THIRD-PARTY PROVIDERS OR OTHER THIRD PARTIES. IF YOU CHOOSE TO DEAL WITH FRANCHISE OWNERS, THIRD-PARTY PROVIDERS OR OTHER THIRD PARTIES, YOU AGREE THAT YOU HAVE A DIRECT RELATIONSHIP WITH THEM AND ARE SOLELY RESPONSIBLE FOR ANY SUCH DEALINGS. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCTS, AND SERVICES OF FRANCHISE OWNERS OR THIRD-PARTY PROVIDERS OR OTHER THIRD PARTIES.
 

You agree:

By consenting to the Message Service, you agree to receive recurring SMS/text messages from and on behalf of Hungry Howie's through your wireless provider to the mobile number you provided. If your mobile number is registered on any state or federal Do Not Call list, but you then opt-in to our Service, then you are agreeing to receive text messages and supersede your prior decision to be placed on the Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Hungry Howie's. Your participation in this program is completely voluntary.

We do not charge for the Message Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Message Service at any time. Text the single keyword command STOP to 866.502.3313 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Hungry Howie's mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to 866.502.3313 or email 
DoNotSellDataRequests@hungryhowies.com

We may change any short code or telephone number we use to operate the Message Service at any time and will notify you of these changes. YOU ACKNOWLEDGE THAT ANY MESSAGES, INCLUDING ANY STOP OR HELP REQUESTS, YOU SEND TO A SHORT CODE OR TELEPHONE NUMBER WE HAVE CHANGED MAY NOT BE RECEIVED AND WE WILL NOT BE RESPONSIBLE FOR HONORING REQUESTS MADE IN SUCH MESSAGES.

THE WIRELESS CARRIERS SUPPORTED BY THE MESSAGE SERVICE ARE NOT LIABLE FOR DELAYED OR UNDELIVERED MESSAGES. YOU AGREE TO PROVIDE US WITH A VALID MOBILE NUMBER. If you get a new mobile number, you will need to sign up for the program with your new number.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR FAILED, DELAYED, OR MISDIRECTED DELIVERY OF ANY INFORMATION SENT THROUGH THE MESSAGE SERVICE, ANY ERRORS IN SUCH INFORMATION, AND/OR ANY ACTION YOU MAY OR MAY NOT TAKE IN RELIANCE ON THE INFORMATION OR MESSAGE SERVICE.

In our sole and unfettered discretion at any time and with or without notice, we may offer incentives or promotion programs, shorten or extend the duration of any incentive or promotion program, and/or terminate or modify any incentive or promotion program.

You acknowledge and agree that:

Access or use of the Services does not express or imply an employment relationship between us and Franchise Owner and/or its employees. If you are a Franchise Owner or an employee of a Franchise Owner accessing or using any of these types of Services, you understand and agree that these Services and any materials, information, data or reports derived from the Services are not intended to dictate, amend or replace the policies and procedures of the Franchise Owner with respect to any employer/employee relationship or practices, including labor relations and practices related to the Franchise Owner’s employees, including, among other things, hiring firing, discipline, training, hours worked, scheduling, working conditions, work assigned, hours worked, rates or pay or benefits. Use of these services by Franchise Owners or its employees may be subject to additional terms and conditions provided for specifically in such services.

WE DO NOT ENDORSE, CONTROL, OR ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS YOU OR OTHERS SUBMIT, POST, VIEWED OR SHARED ON OR THROUGH THE SERVICES, INCLUDING ANY INFORMATION ABOUT RESTAURANTS, MENUS, PHOTOS, GRAPHICS, IDEAS, IMAGES, CREATIVE WORKS, AND TEXT.

If you choose to send us your ideas or feedback, including those for new or improved products or technologies, product enhancements, processes, marketing plans, or product names, through the Services or otherwise, you agree that your ideas automatically become our property, without any compensation to you, and we can use, sell, offer, or otherwise dispose of them at our sole discretion. You also represent and warrant that such ideas or feedback are your original ideas and that you have all the rights necessary for you to grant us rights to them, as described below.

By providing any content to the Services:

, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent as indicated below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:

To be effective, the Notification must include the following:

By using the Services or sending us email, you are communicating with us electronically. You consent to receive communications from us electronically by email, or as appropriate, by posting general notices through the Services. You agree that all notices, disclosures, and other communications that we electronically send you satisfy any legal requirement that such communications be in writing, and that these communications are deemed to be given and received on the date we transmit any electronic communication as described above.

INDEMNITY AND RELEASE:

EXCEPT FOR EMPLOYEES, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM YOUR USE OF THE SERVICES OR ANY LINKED OR ASSOCIATED WEBSITE, LOCATION, OR SOURCE, INCLUDING WITHOUT LIMITATION YOUR POSTING OF MATERIALS ON OR THROUGH THE SERVICES (INCLUDING ANY LISTINGS AND ADVERTISEMENTS), YOUR USE OF ANY OF THE TOOLS AND FEATURES AVAILABLE ON THE SERVICES, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS.

 

Hungry Howie’s Pizza & Subs, Inc.

30300 Stephenson Highway

Suite 200

Madison Heights, MI 48071