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Privacy Statement

PLEASE READ THIS PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEBSITE.

Our Privacy Statement

PLEASE READ THIS PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEBSITE.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND NO CLASS ACTIONS” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND HUNGRY HOWIE’S DISTRIBUTING, INC. ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS 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.

  1. General “Hungry Howie’s Distributing, Inc.”, is a Michigan corporation that may also be referred to as “Hungry Howie’s Distributing”, “HHD” “we”, “us”, or “our”. Our principal place of business is located at 30300 Stephenson Highway, Suite 100, Madison Heights, Michigan 48071. We have distribution centers in Madison Heights, MI and Plant City, FL. This statement describes how we may use information collected from users of our website (the “Site”). We reserve the right to change this Privacy Statement from time to time at our sole discretion and it’s your responsibility to check this Privacy Policy from time to time for updates.  The effective date of such change will be marked on any notice to you.  Any changes will be effective after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

  2. Disclaimer of Warranties: THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, THE ABOVE MAY NOT APPLY TO YOU AND THESE WARRANTIES ARE EXCLUDED TO EXTENT REQUIRED BY APPLICABLE LAW.

  3. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL HHD OR ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, OR $20.00, WHICHEVER IS LESS.

YOU HEREBY RELEASE AND DISCHARGE HHD, AND ITS SUBSIDIARIES AND AFFILIATES, 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 SITE, 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 OUR OWN 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. 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 HHD AND EMPLOYEES OF HHD.

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.”

  1. 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 SITE OR ANY LINKED OR ASSOCIATED WEBSITE, LOCATION, OR SOURCE, INCLUDING WITHOUT LIMITATION YOUR POSTING OF MATERIALS ON OR THROUGH THE SITE (INCLUDING ANY LISTINGS AND ADVERTISEMENTS), YOUR USE OF ANY OF THE TOOLS AND FEATURES AVAILABLE ON THE SITE, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS.

  2. ARBITRATION AND CLASS ACTION WAIVER. EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF AND ANY CLAIMS RELATING TO HHD AND EMPLOYEES, WITH RESPECT TO CLAIMS RELATED TO THE SITE, INCLUDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE, ANY DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL DISPUTES, CLAIMS (WHETHER IN TORT, CONTRACT, STATUTORY OR OTHERWISE) OR DISAGREEMENTS CONCERNING THE EXISTENCE, BREACH, INTERPRETATION, APPLICATION OR TERMINATION OF THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND IN ACCORDANCE WITH JAMS (“JAMS”) AND ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES  THEN IN EFFECT EXCEPT AS MAY BE SPECIFICALLY ALTERED BY THIS AGREEMENT. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS AND TAKE PLACE IN OAKLAND COUNTY, MICHIGAN OR AT THE OPTION OF THE PARTY SEEKING RELIEF, BY TELEPHONE, ONLINE, OR VIA WRITTEN SUBMISSIONS ALONE IF PERMITTED 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 THIS AGREEMENT TO ARBITRATE OR A WAIVER OF THE RIGHT TO ARBITRATE. THE PARTIES UNDERTAKE TO KEEP CONFIDENTIAL ALL AWARDS IN THE 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 ARBITRATOR SHALL AWARD ALL FEES AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, TO THE PREVAILING PARTY AS DETERMINED BY THE TRIBUNAL. 

HHD AND 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, HHD AND YOU AGREE THAT ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL, NOT A CLASS-WIDE, BASIS, THAT ONLY HHD (AND ITS SUBSIDIARIES OR AFFILIATES AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, AS APPLICABLE) AND YOU (AND YOUR AFFILIATES OR SUBSIDIARIES AND THEIR RESPECTIVE OWNERS, OFFICERS, AND DIRECTORS, AS APPLICABLE) MAY BE THE PARTIES TO ANY ARBITRATION PROCEEDING DESCRIBED IN THIS SECTION 5, 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 5, IF ANY COURT OR TRIBUNAL 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 5, THEN WE AND YOU AGREE THAT THIS SECTION 5 WILL NOT APPLY TO THAT CLAIM, AND SUCH CLAIM WILL BE RESOLVED IN A JUDICIAL PROCEEDING.

  1. Online Technology & Usage Data. The Sites’ technology can collect Usage Data. “Usage Data” may include but is not limited to the collection and use of the following by us:

A.     your access dates and times, your Site activity such as what pages or app features you viewed or used and any Site crashes, or other information about your computer configuration, such as your browser type, operating system, or ISP domain name.

B.     the site you last visited prior to visiting our Site or about your activity during your visit to our Site. This information may be used by us to administer the administrative, technical, and operational aspects of a Site, and may include using your IP address to help diagnose problems with our server.

C.    your IP address to gather broad demographic information for aggregate use. 

  1. Cookies and Tracking. We may use cookies (a piece of data stored on your hard drive containing information about you or your computer) to assist in performing some or all these activities described in this Privacy Policy. You can set your browser to accept all, some, or no cookies. If you set your browser to reject all cookies, you may be limited in your ability to access some or all aspects of the Site or be required to re-enter information.

Hungry Howie’s Distributing will not recognize Web browser “do not track” signals.  If you would like additional information about online tracking and various opt-out mechanisms, please see https://youradchoices.com. 

Please note that not all tracking will stop even if you delete cookies.

  1. Mobile Devices & Device Information. We may also collect Device Information from you. “Device Information” includes the unique identifier (“Device Identifier”) for any computer, mobile phone, tablet, or other device (any of which are referred to herein as a “Device”) used to access the Site. A Device Identifier is a number that is automatically assigned to your Device and may include your hardware model, operating system information, along with versions, software, language preferences, device motion information, and mobile network information. Our servers identify your Device by its Device Identifier and some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the Device used to access the Site.

  2. Personally Identifiable Information. This Privacy Statement describes the categories of personally identifiable information (“PII”) that we collect from the Sites. We may:

    1. gather PII from you when you run the Sites in the foreground (a Site is open and on-screen) or background (a Site is open but not on-screen).

    2. disclose PII you provide to third parties if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: 

      1. complete the sales transaction, such as providing your order or payment to us or delivery information to a driver. 

      2. comply with legal process.

      3. enforce the Terms of Use.

      4. respond to claims that any information you provide violates the rights of third parties. 

      5. protect the rights, property, or personal safety of Hungry Howie’s Distributing or its employees, its users and/or the public; or 

      6. (f) in relation to the sale, assignment, transfer, or acquisition of all or substantially all our assets or shares by a third party.

If you wish to change PII that you have provided Hungry Howie’s, please see the “Contact Hungry Howie’s” section below.

  1. Analytics and Advertisements. To enable better website design and a better user experience, we employ Google Analytics (a web service by Google, Inc.) to track site traffic and provide aggregate reports of how the public interacts with the Sites. Session cookies are employed by Google Analytics in the form of client-side JavaScript code. In utilizing this analytics service, we maintain our existing standards about the sharing and disclosure of information, security and privacy safeguards for the data, and the data retention policy, each described below. Google Analytics analyzes website usage information automatically upon visits to the Sites. Users who do not wish to have their visit information to our website collected by Google Analytics may opt-out by downloading a browser extension or by disabling cookies in their browser settings. Opting out of web measurements will still permit users to access the full services of the website with most included information and functionality. However, the preceding two sentences do not apply to services using our mobile app or the mobile apps of third-party providers. Users who do not wish to have their visit information collected by Google Analytics in such cases should not use our mobile app or the mobile apps of third-party providers.

You can opt out of Google's use of cookies by visiting Google's Ad Settings https://www.google.com/settings/ads/plugin . Alternatively, you can opt out of a third-party vendor's use of cookies by visiting the Network Advertising Initiative opt-out page. http://www.networkadvertising.org/choices/.

 

  1. Encryption. We use SSL encryption (data scrambling) on the Site. If you believe that the data you are uploading, transferring, sharing, or placing on the Site requires a higher level of encryption then please do not upload, transfer, share or place your data on the Site. When you are on any website that asks you for confidential information, you should check to see if the information being transmitted is encrypted to increase the security of your information.  Keep in mind that there is no such thing as perfect security.

  2. Linking Policy and Disclaimer of Endorsement

  3. Hungry Howie’s Distributing may link to other web sites created and maintained by other public and/or private organizations. Hungry Howie’s Distributing provides links to these sites as a service to our users. The presence of a link does not constitute Hungry Howie’s Distributing’s endorsement of such site.

  4. When users follow a link to an outside web site, they are leaving Hungry Howie’s Distributing and are subject to the policies of the owners/sponsors of the outside website(s). Hungry Howie’s Distributing is not responsible for the information collection practices of non-Hungry Howie’s sites.

    1. Children's Online Privacy Protection Act ("COPPA") We make no active effort to collect personal information from children under the age of 13 and do not wish to receive any such information.

    2. Additional Rights. Applicable laws may give you additional rights that are not described in this online privacy statement.

    3. Contact Hungry Howie’s. If you wish to contact Hungry Howie’s Distributing to correct, amend, or delete information (if Hungry Howie’s is holding on to your information as explained above), about Privacy related issues you may do so by contacting us by phone at 1-248-414-3333 or by email to legal@hungryhowiesdist.com or by mail at 

Hungry Howie’s Distributing, Inc.

Attention: Legal

30300 Stephenson Highway

Madison Heights, Michigan 48071

 

Last Updated: January 10, 2022

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