Terms of Use

Effective Date: January 10, 2022

Last updated: January 10, 2022

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, YOU AGREE THAT DISPUTES BETWEEN YOU AND HUNGRY HOWIE’S DISTRIBUTING, INC. ITS SUBSIDIARIES AND AFFLIATES, 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. Acceptance of Terms of Use: If you use the Site (as defined below), you must agree to these Global Terms of Use (“Terms”) which are a legal contract between Hungry Howie’s Distributing, Inc. and you relating solely to the use of the Site. The following definitions apply:

    1. “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.

    2. “You” means any person or entity using or accessing the Site.

    3. “Employees” means persons that are deemed to be employees of Hungry Howie’s Distributing or its subsidiaries and affiliates as determined by applicable law and that are accessing or using the Site in their capacity as an employee and does not include persons seeking or applying for employment.

    4. “Site” refers to the website and each of the interfaces, portals, platforms, applications, and software programs, including any information, data, documents, formulas, calculations, or materials contained therein, including the website www.hungryhowiesdistributing.com, and any online information or application site for submitting employment applications or reviewing potential employment information, opportunities, or candidates.

    5. “Claims” means all claims, disputes, or controversies arising out of or relating to access or use of the Site, these Terms or the breach thereof, or the scope or validity of these Terms, including the validity and scope of any arbitration obligations under these Terms.

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 THE EXTENT REQUIRED BY APPLICABLE LAW.

3.    Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL HHD OR ITS SUBSIDIARIES AND AFFLIATES, 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 THE AMOUNT PAID FOR YOUR ORDER, WHICHEVER IS LESS.

YOU HEREBY RELEASE AND DISCHARGE HHD, AND ITS SUBSIDIARIES AND AFFLIATES, 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.

  1. 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 OR CONSOLIDATED 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 IN ACCORDANCE WITH THE REMAINDER OF SECTION 16 (EXCLUDING THIS SECTION 5).

  1. Not Intended for Children Under 13: The Site and any content, features, products, or services offered through the Site are not intended for children under the age of 13. You must be at least eighteen (18) years of age to register for or use the Site.

  2. Privacy Notice: Our Privacy Statement explains our policies regarding how and what information we collect, and how we may use or disclosure such information, and your rights. Our Privacy Statement is incorporated into these terms by reference.

  3. Additional or Different Terms: Sometimes a portion of the Site may have additional terms and conditions or other rules that differ from these Terms. We will spell those out to you within these Terms or make those available for your review with that Service as appropriate. If any of those additional or different terms, conditions or rules apply, they will become part of these Terms. If there is a conflict between these Terms and terms and conditions or other rules posted for a portion of the Site, the latter terms and conditions or other rules apply to your use of that portion of the Site.

  4. Amending, Modifying or Altering the Terms:  We reserve the right, in our sole and unfettered discretion, to amend, modify, alter, or otherwise update these Terms at any time. If you do not agree to the amendment, modification, alter or update then please stop using the Site. 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.

  5. Profiles, Screen Names, Passwords, and Security: In order to use or access the Site or certain parts or features of them, you may be required to or have the option of creating a user account or profile and/or registering as a member by providing your name, a user name, email address, password and other information we may require (“User Account”). As part of the creation or registration of a User Account, you will be able or may be required to create an account or member profile with an associated email address and other information and preferences you provide us. You agree:

  6. that you will only create a User Account or register as a member with your true, valid email address and other contact information including mobile phone numbers, and any other information and preferences you provide us will be true;

  7. to let us know of any changes to such information by updating your User Account;

  8. not to use anyone else’s User Account, membership information, user name, email address or mobile phone number to access the interactive features of the Services;

  9. to safeguard your login information, including your User Account or member name and password, and to take full responsibility for all activity on your account, including any orders placed using your login information or member account whether or not placed by you; 

  10. to notify us immediately if you find out that someone else is using your email address, phone number, user name, or password without your permission at legal@hungryhowiesdist.com.

  11. that you are least eighteen (18) years of age. If you are under eighteen (18) but at least thirteen (13) years of age, you must present these Terms to your parent or legal guardian and he or she must check the box below to enter into these Terms on your behalf.

  12. that if you are under the age of eighteen (18), you are not allowed to register for a User Account or have a parent or legal guardian register for you. If you are under the age of eighteen (18), please do not use the Site.  You may not create a User Account or otherwise post, share, or provide any information, content, or materials to the Site. If you are the parent of a child under the age of eighteen (18), please do not permit your child to use the Services, create a User Account, or otherwise post, share, or provide any information to the Services. If you are a parent or guardian registering for a User Account for the benefit of your child, please be aware that you are fully responsible for his or her use and conduct when using the Sites, including all financial charges and legal liability that he or she may incur. If you do not agree to or cannot comply with any of the Terms, do not attempt to access the Services; and

  13. that we do not guarantee that any information you provide us will not be intercepted by a third-party during transmission over any public networks or otherwise. You bear the risk of communicating with us electronically and you agree that we are not responsible for any resulting loss or damage. We are not responsible for any losses arising out of the unauthorized use of your User Account, user name or password.

  14. Access and Use of the Site: We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site in accordance with these Terms. You agree to use the Site in compliance with the internal procedures and guidelines of any company or organization you represent. You acknowledge and agree:

  15. your access to and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site, or other actions that we, in our sole discretion, may elect to take;

  16. we cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other service interruptions;

  17. WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY, OR FAILURE TO STORE ANY DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS;

  18. nothing in these Terms constitutes an undertaking by us to provide the Site in its present form(s) or under any current specifications or requirements, or with the current user interface, or to continue to use existing communications facilities. We may in our sole and unfettered discretion, from time to time make additions to, deletions from, or modifications to the Site, specifications, requirements, user interface, and/or communications facilities.

  19. your rights to access or use the Site may not be transferred or assigned;

  20. using the Site does not give you any intellectual property rights in the Site or the content you access. All content included in or made available by the Site (including, but not limited to, the text, graphics and other images, site layout and design, descriptions, audio and video, digital downloads, data compilations, software, and images, files, or data incorporated in the software or generated by the software) (the “Content”) are owned by us and/or other third parties. The Content is protected by copyright, trademark, and other intellectual property laws and rights throughout the world. You may not copy, reproduce, distribute, publish, post, upload, transmit, adapt, modify or create derivative works of or from, publicly display or perform, or in any way exploit the Content without our prior express written consent.

  21. that we retain all right, title, and interest in the Site, the Content, and any associated content, features, products, and services, including all intellectual property rights we have in the Site. We reserve all rights not expressly granted.

  22. Prohibited Uses: Except for Employees, we and/or a third-party provider reserves the right, but not the obligation, to investigate and take appropriate legal action against anyone who we and/or a third-party provider believes is violating these Terms, including, without limitation, removing any offending materials, suspending or terminating the access of such violators, or suspending or terminating the right to use the Site. If you access or use the Site, you may not:

    1. reverse engineer, disassemble, decompile, derive code or materials from, or capture any source, scripts, layouts, design, metadata, or other information accessible through the Site (including, without limitation, data packets transmitted to and from the Site), or analyze, decipher, “sniff,” derive code or materials from any packet stream to or from the Site, or attempt any of the foregoing and you expressly waive any legal rights you may have to do any of the foregoing, including any claim that such activities constitute “fair use” or are for “interoperability purposes” under the Digital Millennium Copyright Act;

    2. infringe upon our rights or the rights of others (including, without limitation, intellectual property rights, rights of privacy such as unauthorized disclosure of a person’s name or email or physical address or phone number, and rights of publicity);

    3. violate any laws or regulations, including without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”);

    4. conduct or solicit illegal or other activity that in any way harms us;

    5. use any robot, spider, scraper, or other automated or manual means to access the Site, copy the Content, or republish any information that you obtain from the Site, including but not limited to the names, addresses and contact information for any restaurant or food service provider that appears here, or any menus or related content;

    6. attempt to gain unauthorized access to any portion of the Site or any related networks or systems by hacking, password “mining,” or any other illegitimate means;

    7. probe, scan, test the vulnerability of or breach the authentication measures of the Site or any related networks or systems;

    8. modify or reroute or attempt to modify or reroute the Site;

    9. link to the Site from any unsolicited bulk messages or unsolicited commercial messages;

    10. utilize framing, squeeze back, overlay or other techniques to enclose or display the Site or the Content, with any other software or content of a third party; or

    11. take any action that places a disproportionately large load on the Site or any related networks or systems.

  23. Materials Submitted, Posted, Viewed or Shared Using the Site: We do not endorse, control, or assume any responsibility or liability for any content or materials you or others submit, post, view or shar on or through the site, including any 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 Site 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 Site:

A.    you agree to grant the us and any Third-Party Providers (if applicable) a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently including publishing any endorsement or review posted by you;

B.    you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the us the license specified in this Paragraph 13; and

C.   you acknowledge and agree that we will have the right (but not obligation), at our sole and absolute discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason or no reason, with or without notice; We retain the right, but not the obligation, to monitor the content and other materials posted on the Site. We may, at our sole absolute discretion, remove or modify any content or other materials posted to the Site at any time without notice.

  1. Copyright Infringement. Pursuant to Title 17, United States Code, 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. To be effective, the Notification must include the following:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

  1. Electronic Notices and Communications: By using the Site 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 Site. 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.

  2. Contract Interpretation, Enforcement & Other Important Provisions:

    1. Applicable Law and Venue: The Terms are entered and performable in Oakland County, Michigan, and shall be governed by the laws of the state of Michigan without regard to conflicts of law principles.

B.    Statute of Limitations: Except for Employees, to the extent permitted by law, Claims must be brought within two years. The two-year period begins when the Claim first could be filed. If it is not filed, then that Claim is permanently barred. This applies to you and your successors. It also applies to us, third-party providers, and our respective successors.

C.   Remedies. Except as expressly provided herein, Hungry Howie’s Distributing reserves all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed a third party’s copyright. Without limiting any other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to the services or block your future access to the Site for any reason. Except for Employees, if you are dissatisfied with any of the content or materials on the Site, or any services or information available through them, your sole and exclusive remedy is to discontinue accessing and using the Site. 

D.   Injunctive Remedies. Any violation, or threatened violation, by you of these terms will cause us irreparable and unquantifiable harm and monetary damages would be inadequate for such harm. You consent to us seeking injunctive or equitable relief that we deem necessary or appropriate without the obligation to post any bond or surety. These remedies are in addition to any other remedies we may have at law or in equity.

E.    Severability: All parts of these Terms apply to the maximum extent permitted by law. If we cannot enforce a part of these Terms as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions.

F.    Entire Agreement: These Terms, accepted by you upon access to and/or use of the Site, and further affirmed by becoming a registered member or submitting content or materials to or through the Site, constitute the entire agreement between you and us regarding the use of the Site. You hereby represent and warrant that: (i) other than as expressed in these Terms, no statement, representation, promise, agreement, inducement, or warranty, whether written or oral, has been made by us to you regarding the subject matter of these Terms; and (ii) you are not relying upon any statement, representation, promise, agreement, inducement, or warranty by us which is not expressly set forth in these Terms as an inducement to the acceptance of these Terms or for any other purpose.

G.   No Waiver: The failure of any party to assert any right under these Terms will not be a waiver of that party's right, and the said right will remain in full force and effect.

H.   Assignment: We may assign our rights and obligations under these Terms without notification to you; in the event of an assignment, we will be relieved of any further obligation.

I.      Contacting Us: I If you have any questions or concerns about these Terms, please contact Hungry Howie’s Distributing by phone at 1-248-414-3333 or by email to legal@hungryhowiesdist.com.  This provision does not waive any right to service of process have under applicable law.