TERMS AND CONDITIONS

MADE YOU HUNGRY

THESE TERMS AND CONDITIONS OF USE (“Agreement”) is a binding contract between you, an individual user (“User” “you”, or “yours”) and Made You Hungry, LLC, a Florida limited liability company, and its successors and assigns (“we”, “us”, “our” or “Made You Hungry”) governing your use of the website located at www.madeyouhungry.com (the “Website”) (collectively, the “Service”).

BEFORE YOU PROCEED, PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS AND AN AGREEMENT TO ARBITRATE ANY DISPUTES ARISING HEREUNDER. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE OFFERED BY MADE YOU HUNGRY (IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR WEBSITE).

Table of Contents
Essential Information.
About Made You Hungry.
Access to the Service.
Changes to this Agreement.
Corporate Users.
Children.
Privacy Policy.
Security Breaches.
REGISTRATION AND ELIGIBILITY.
Registering for an Account.
Accuracy of Information.
TERMS OF SALE.
Substitutions.
Deliveries.
RETURNS AND REFUNDS.
Standard Return/Refund Policy.
Return/Refund Policy for Cancelled Orders.
Return/Refund Policy for Courier Damaged Meat or Seafood.
Return/Refund Policy for Damaged Meat or Seafood (not courier related).
PAYMENTS.
Payment and Billing Information.
Pricing and Availability
Taxes.
Shipping and Handling.
YOUR USE OF THE SERVICE AND THE CONTENT.
Limitations on Use.
Consent to Use of Data. 1
Intellectual Property. 1
Feedback.
Termination.
Indemnification.
DISCLAIMERS.
LIMITATION OF LIABILITY.
DISPUTE RESOLUTION.
Mandatory Arbitration.
Commencing Arbitration.
Arbitration Proceeding.
No Class Actions.
Decision of the Arbitrator.
Equitable Relief.
Claims.
Improperly Filed Claims.
Modifications.
Governing Law.
Assignment.
Survival.
Consent to Electronic Communications.
Miscellaneous.
Contacting Made You Hungry.

Essential Information.

As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:

i. You consent to the collection, use, and disclosure of your personally identifiable information in accordance with Made You Hungry’s Privacy Policy (the “Privacy Policy”), available on the Website, including with respect to the collection of location information. A link to the Privacy Policy can be found below in this Agreement;

ii. The Website and Service are provided “as is” without warranties of any kind and Made You Hungry’s liability to you is limited; and

iii. Disputes arising hereunder will be resolved by binding arbitration. By accepting this Agreement, as provided in greater detail below in this Agreement, you and Made You Hungry are each waiving the right to a trial by jury or to participate in a class action.
About Made You Hungry.
Made You Hungry is the newest way to have specialty, high quality meat and seafood (collectively, “Meat and Seafood”) and other related products (“Products”) delivered right to your home. Made you Hungry was developed with the goal of providing the highest quality form of Meat and Seafood. In order to do so, Made You Hungry provides a market for Meat and Seafood where the User is fully informed about where the Meat and Seafood is sourced. Our goal is quality over quantity. Our mission is to provide full transparency, which is how we differ from our Meat and Seafood competitors. We aim at providing a shift in consumer mindset for those that are “hungry for” food transparency.
Access to the Service.

You may access the Service for free, but in order to place an order for the delivery of any Meat or Seafood, you will have to pay the Fees, as further defined below.
Changes to this Agreement.

The Service is owned and operated by Made You Hungry. Made You Hungry reserves the right to make changes to this Agreement in its sole discretion at any time and without prior notice to you other than by posting the revised Agreement on the Service. Revisions to this Agreement are effective upon posting. The Agreement will be identified as of the most recent date of revision. Your continued use of the Service after a revised version of this Agreement has been posted by Made You Hungry to the Service constitutes your binding acceptance of such revised Agreement. Notwithstanding the foregoing, no revisions to this Agreement will apply to (i) any Meat or Seafood ordered through the Service prior to the effective date of any revisions hereto or (ii) any dispute between you and Made You Hungry that arose prior to the effective date of such revision.
Corporate Users.

If you are using or opening an account on the Service on behalf of a company, entity, or organization (each, a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to this Agreement and (ii) agree to be bound by this Agreement on behalf of such Subscribing Entity.
Children.

The Service is not intended for individuals who are under the age of eighteen (18) years old. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE OR ORDER ANY MEAT OR SEAFOOD AT ANY TIME OR IN ANY MANNER. By using the Service, you affirm that you are at least eighteen (18) years of age. Made You Hungry does not seek to gather information from or about children under the age of thirteen (13) through the Service.
Privacy Policy.

Your use of the Service is subject to our Privacy Policy, which is expressly incorporated herein. By using the Service, you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy. Depending on how you are accessing the Service, your use of the Website may incur third party fees and may be subject to third party terms, and you agree to pay all such fees and abide by all such terms.
Security Breaches.

You are prohibited from violating, or attempting to violate, breach or alter the security of the Website. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at Made You Hungry’s sole discretion. Made You Hungry reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service.
REGISTRATION AND ELIGIBILITY.

Registering for an Account.

When using the Service, you will have the option to register for an account on the Made You Hungry Website (an “Account”). When registering for an Account, you must provide your e-mail address, delivery address and a password and certain personal information about you. This information will be held and used in accordance with the Privacy Policy. You are responsible for maintaining the confidentiality of your log-in credentials in order to use the Service, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Made You Hungry immediately of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. Made You Hungry will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Made You Hungry of such unauthorized use or loss of your credentials.

Accuracy of Information.

You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms required by Made You Hungry. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to an email address provided by you are returned as undeliverable, Made You Hungry reserves the right to terminate your Account immediately with or without notice to you and without any liability to you or any third party.
TERMS OF SALE.

Substitutions.

All of our Meat and Seafood is subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Meat and Seafood and to Substitute Meat and Seafood (including, but not limited to, specific ingredients or entire shipments) without prior notice. Our mission is to provide you with high-quality Meat and Seafood, and given the perishable nature of Meat and Seafood and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at support@madeyouhungry.com.

Deliveries.

You are responsible for inspecting all Meat and Seafood you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Meat and Seafood you receive. You should always inspect your delivery to confirm that the ingredients arrive in a cool, refrigerated condition. We recommend that you use a thermometer to ensure that the temperature zone within the container in which any Meat or Seafood is located is forty (40) degrees Fahrenheit or below. In the unlikely event that such temperature zone is above forty (40) degrees Fahrenheit, or you have any other reason to reason to believe that any Meat or Seafood in your delivery is not suitable for consumption, please contact us at support@madeyouhungry.com (attaching photos of the item(s)) and discard the item(s). To maintain the quality and integrity of the Meat and Seafood, we recommend that you immediately refrigerate all Meat and Seafood upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety. From the time of delivery, the condition and consumption of the Meat and Seafood is solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Meat and Seafood following delivery. We recommend that you follow the USDA’s instructions on safe food handling. We also recommend that all cooking instructions be followed and that you use a food thermometer to ensure that all Meat and Seafood and other applicable items are cooked to the USDA’s recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.

If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Our Meat and Seafood is flash frozen at the peak of freshness and individually packaged and labeled. The packaging we use is a top of the line biodegradable liner that is placed inside a standard cardboard shipper box. The Meat and Seafood is placed inside the insulated liner to keep the contents cold. All of our boxes are packaged with a specific amount of dry ice. The amount of dry ice is carefully calculated based on your geographic location/guaranteed courier delivery time. When retrieved on the guaranteed delivery date, the dry ice may be completely evaporated. Your order will typically remain cold and fresh for several hours, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your ingredients prior to consumption. In certain areas, you may be able to provide additional delivery instructions when setting up your Made You Hungry Account, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In the event of a courier delay, please inspect the contents carefully and email support@madeyouhungry.com immediately with any concerns (attaching photos for review). In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your ingredients is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.

We will only accept shipments to a valid street address. We do not deliver to P.O. Boxes. Your package that is addressed to a P.O. Box will not be delivered and will not be covered by any Made You Hungry Service Guarantee. Additionally, Army Post Office (APO) and Fleet Post Office (FPO) addresses are not accepted.

RETURNS AND REFUNDS.

Standard Return/Refund Policy.
We are shipping perishable Meat and Seafood and therefore are not able to accept returns. Unlike items that have a longer shelf life, items that are perishable cannot be restocked or resold.
If you are not completely satisfied with your Made You Hungry Meat and Seafood for good reason, please contact support@madeyouhungry.com within seven (7) days of receipt. We will happily review you your order and any reported issues and offer an appropriate resolution which may include replacement of the Meat and Seafood in question, credit towards your next Order or Subscription, or a partial/full refund. Since we are not able to physically access the product, we may ask that you provide photos of the respective label and damage reported.
We guarantee delivery to the address provided when the Order is placed/shipped and when retrieved on the guaranteed delivery date.
Due to the perishable nature of our Meat and Seafood, we cannot guarantee the condition of the delivery if the address is incorrectly entered, if a change of address isn’t updated prior to the invoice date, if an address is altered while in transit, or if you are unable to retrieve the Order on the guaranteed delivery date and did not notify us prior to the order being invoiced.
When placing your Order, please enter your shipping address carefully to ensure accuracy and review your receipt/account for any errors. If you enter the shipping address incorrectly when the Order is placed, please email support@madeyouhungry.com immediately for correction. Should your shipping address change, please update your address prior to the invoice date either via your account or by writing to support@madeyouhungry.com.
If your Order is returned to us because of an incorrect address provided or refusal of delivery when shipped according to our terms and conditions, we must dispose of the contents and you will not be refunded. In the event an Order is delivered late due to an incorrect address or if you are unable to retrieve on the delivery date without prior notification and thawing/damage occurs, you will not be refunded. If you would like an Order that was improperly addressed or not retrieved on the guaranteed delivery date reshipped, you will be charged fifty (50%) percent of the cost for the replacement shipment.
Return/Refund Policy for Cancelled Orders.

You are liable for any Orders placed or charges that incur prior to the cancellation request. If the request for cancellation is made after your Order has invoiced, the request will be processed for the next scheduled invoice.

Return/Refund Policy for Courier Damaged Meat or Seafood.
While we would love every delivery to arrive on time and without issue, delays or damage can occur once the package is in transit via the courier (FedEx) that are out of our control due to weather, accidents, etc. In the event of damage caused by improper handling or late delivery, we are happy to file a claim and replace the shipment, subject to our final and sole discretion. We ask that you please email support@madeyouhungry.com within seven (7) days of receipt, provide a description of the damage, and a photo(s) of the order in the state it was received. Claim filing is time sensitive and photos are required in order to show proof of damage.
Return/Refund Policy for Damaged Meat or Seafood (not courier related).
In the unlikely event of damage, we ask that you please email support@madeyouhungry.com within seven (7) days of receipt, provide a description of the damage, and a photo(s) of the order in the state it was received. We will happily review you your order and any reported issues and offer an appropriate resolution which may include replacement of the Meat and/or Seafood in question, credit towards your next Order, or a partial/full refund. Since we aren’t able to physically access the Meat and Seafood, we may ask that you provide photos of the Meat and Seafood label and damage reported.
PAYMENTS.

Payment and Billing Information.

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Orders (including any applicable taxes and other charges). Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Website take place in U.S. Dollars.

You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your Made You Hungry Account, you can do so at any time by logging into your account and editing your payment information.

Made You Hungry contracts with PayPal, a third-party service, to process online payments. Please do not use our Service unless you have read and agree to PayPal’s Privacy Policy and security practices. Our collection of your information is governed by the terms of our Privacy Policy, to which you expressly agree.

Pricing and Availability

Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other Meat and Seafood offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription(s) or Orders, we will provide advance notice of such changes via one of the means described herein. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of Meat and Seafood to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policy set forth in these Terms and Conditions of Use.

Taxes.

We will collect applicable sales tax on Meat and Seafood shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Shipping and Handling.

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by FedEx, however we reserve the right to use other shipping couriers as needed. Actual delivery dates may vary. All Products purchased from us are made pursuant to a shipment contract.

YOUR USE OF THE SERVICE AND THE CONTENT.

Limitations on Use.

Your rights to use the Service are expressly conditioned on the following:

i. You may access the Service for your personal and informational purposes only, and solely as intended through the provided functionality of the Service and as permitted under this Agreement.
ii. Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license, or in any way exploit any part of the Service.
iii. Unless expressly permitted, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Service without Made You Hungry’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without Made You Hungry’s express written consent:
a. altering, defacing, mutilating, or otherwise bypassing any Made You Hungry software through which the Service is made available; and
b. using any trademarks, service marks, design marks, logos, photographs, or other content belonging to Made You Hungry or obtained from the Service (“Content”).
iv. You agree not to bypass, circumvent, damage, or otherwise interfere with any security or other features of the Service (including Content and collectively, “Service Materials”) designed to control the manner in which the Service is used, harvest or mine Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
v. You agree not to undertake, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of any aspect of the Service or Content or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by this Agreement, the authorized features of the Service or Content, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Made You Hungry.
vi. You agree not to use, display, mirror, frame, or utilize framing techniques to enclose the Service or the Content, or any portion thereof, through any other application or website, unless and solely to the extent Made You Hungry makes available the means for embedding any part of the Service or the Content.
vii. You agree not to access, tamper with, or use non-public areas of the Service, Made You Hungry’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Made You Hungry’s providers.
viii. You agree not to harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Made You Hungry employees.
ix. You agree not to provide any false personal information to Made You Hungry.
x. You agree not to create a false identity or impersonate another person or entity in any way.
xi. You agree not to create a new Account with Made You Hungry, without Made You Hungry’s express written consent, if Made You Hungry has previously disabled an account of yours.
xii. You agree not to solicit, or attempt to solicit, personal information from other users of the Service.
xiii. You agree not to restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users of the Service.
xiv. You agree not to use the Service, without Made You Hungry’s express written consent, for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation.
xv. You agree not to gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service.
xvi. You agree not to post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
xvii. You agree not to interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of such networks or servers.
xviii. You agree not to violate any applicable federal, state, or local laws or regulations or the Agreement.
xix. You agree not to assist or permit any persons in engaging in any of the activities described above.

Consent to Use of Data.

You agree that Made You Hungry may collect and use technical data and related information about your device, system, and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes. Please see our Privacy Policy for more details regarding the information Made You Hungry collects and how it uses and discloses that information.

Intellectual Property.

The Service, and the media and materials contained therein, including all intellectual property rights therein, is the sole and exclusive property of Made You Hungry and its licensors. Except for the limited license expressly granted by and to you under this Agreement, no other rights, licenses, or immunities are granted or will be deemed to be granted under this Agreement, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by a party hereunder are expressly reserved.

Feedback.

While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending Made You Hungry or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Made You Hungry, you agree that:

i. Made You Hungry has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
ii. Feedback is provided on a non-confidential basis, and Made You Hungry is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
iii. You irrevocably grant Made You Hungry perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

Termination.

The Agreement is effective until terminated by you or Made You Hungry. Your rights under this Agreement will terminate automatically without notice from Made You Hungry if you fail to comply with any term(s) of this Agreement (including by violating any license restriction provided herein). Upon any termination of this Agreement, you must immediately cease all use of the Service, and destroy all copies, full or partial, of the Website.

Indemnification.

You agree to indemnify and hold Made You Hungry, and its members, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service or Content, (b) any injury or damage caused to you by virtue of your use of the Service or in connection with any Order or (b) your violation of this Agreement. Made You Hungry will use reasonable efforts to notify you of any such claim, action, or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Made You Hungry is unable to communicate with you in a timely manner because of an inactive or erroneous e-mail address for you, your indemnification obligation will continue notwithstanding Made You Hungry’s inability to contact you in a timely manner.
DISCLAIMERS.

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE MEAT AND SEAFOOD, AS WELL AS ANY OTHER PRODUCTS PROVIDED BY MADE YOU HUNGRY. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE MEAT AND SEAFOOD AND/OR PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH MEAT AND SEAFOOD AND/OR PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN MEAT AND SEAFOOD AND/OR PRODUCTS.

WE ATTEMPT TO DISPLAY THE MEAT AND SEAFOOD AND/OR PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE WEBSITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR WEBSITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE MEAT AND SEAFOOD AND/OR PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE MEAT AND SEAFOOD AND/OR PRODUCTS AND MATERIALS DISPLAYED ON THE WEBSITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF MEAT AND SEAFOOD AND/OR PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE WEBSITE MAY CONTAIN INFORMATION ABOUT MEAT AND SEAFOOD AND/OR OTHER PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO MEAT AND SEAFOOD AND/OR OTHER PRODUCTS ON THE WEBSITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY CONTENT RELATED TO OUR MEAT AND SEAFOOD OR OTHER PRODUCTS PROVIDED BY OR DISPLAYED THROUGH A THIRD-PARTY CHANNEL, INCLUDING, WITHOUT LIMITATION, REGARDING ITS ACCURACY OR COMPLETENESS.

EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF ANY MEAT AND SEAFOOD OR ANY PRODUCT, ALL MEAT AND SEAFOOD AND OTHER PRODUCTS, AS WELL AS THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MADE YOU HUNGRY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE, CONTENT, MEAT AND SEAFOOD, AND ANY OTHER PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE WEBSITE OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Website (or any features or functionality of the Website) and the Meat and Seafood and/or any other Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MADE YOU HUNGRY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE WEBSITE OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR CONSUMPTION OF THE MEAT AND SEAFOOD OR USE OF ANY OTHER PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM MADE YOU HUNGRY, OR FROM EVENTS BEYOND MADE YOU HUNGRY’S REASONABLE CONTROL, SUCH AS WEBSITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MADE YOU HUNGRY’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF MADE YOU HUNGRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF MADE YOU HUNGRY ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR CONSUMPTION OF MEAT AND SEAFOOD OR USE OF ANY PRODUCTS PURCHASED FROM MADE YOU HUNGRY EXCEED THE AMOUNT PAID FOR SUCH MEAT AND SEAFOOD AND/OR PRODUCTS; AND (B) THE ORDER, RECEIPT OR CONSUMPTION OF MEAT AND SEAFOOD, OR ACCESS OR USE OF THE WEBSITE OR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE MADE YOU HUNGRY’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE MADE YOU HUNGRY FROM AND AGAINST, AND COVENANT NOT TO SUE MADE YOU HUNGRY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

THIRD PARTY DISPUTES.

ANY DISPUTE YOU HAVE WITH ANY MEAT AND SEAFOOD MANUFACTURER, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY AND YOU IRREVOCABLY RELEASE MADE YOU HUNGRY AND ITS MEMBERS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
DISPUTE RESOLUTION.

Mandatory Arbitration.

PLEASE READ THIS CAREFULLY. This Arbitration Agreement affects your rights in the event of a dispute. YOU AND MADE YOU HUNGRY AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.

Commencing Arbitration.

A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Made You Hungry, to you via any other method available to Made You Hungry, including via e-mail. The Notice to Made You Hungry should be addressed to Made You Hungry, LLC, 4770 Biscayne Blvd., Suite 1280, Miami, Florida 33137, Attn: Legal (the “Arbitration Notice Address”). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”). If you and Made You Hungry do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Made You Hungry may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (“Rules”), AS MODIFIED BY THIS AGREEMENT. VENUE FOR ANY ARBITRATION SHALL BE IN PALM BEACH COUNTY, FLORIDA.

The Rules and AAA forms are available online at www.adr.org. If you are required to pay a filing fee to commence an arbitration against Made You Hungry, then Made You Hungry will promptly reimburse you for your confirmed payment of the filing fee upon Made You Hungry’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than one thousand ($1,000.00) or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.

Arbitration Proceeding.

The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and Made You Hungry agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

No Class Actions.

YOU AND MADE YOU HUNGRY AGREE THAT YOU AND MADE YOU HUNGRY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

Decision of the Arbitrator.

Barring extraordinary circumstances, the arbitrator will issue his or her decision within one hundred twenty (120) days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional thirty (30) days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Florida in conducting the arbitration. In the event that a dispute related to the Service evidences a transaction involving interstate commerce, the United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.

Equitable Relief.

The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Made You Hungry seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Made You Hungry or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Made You Hungry, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.

Claims.

You and Made You Hungry agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Improperly Filed Claims.

All claims you bring against Made You Hungry must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Made You Hungry may recover its attorneys’ fees and costs incurred, provided that Made You Hungry has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Modifications.

In the event that Made You Hungry makes any future change to these mandatory arbitration provisions (other than a change to Made You Hungry’s Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to Made You Hungry’s Arbitration Notice Address, in which case your account with Made You Hungry and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.
Governing Law.

The laws of the State of Florida, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
Assignment.

You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without the prior written consent of Made You Hungry.
Survival.

The provisions of the Agreement that are intended to survive the termination of the Agreement by their nature will survive the termination of the Agreement, including, but not limited to the Sections entitled “About Made You Hungry,” “Your Use of the Service and Content,” “Consent to Use of Data,” “Feedback,” “Termination,” “Indemnification,” “Disclaimers,” “Limitation of Liability,” “Third Party Disputes,” “Dispute Resolution,” “Governing Law,” “Assignment,” “Survival,” “Consent to Electronic Communications,” “Miscellaneous,” and “Contacting Made You Hungry.”
Consent to Electronic Communications.

By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Miscellaneous.

This Agreement, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Made You Hungry regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of all parties to this Agreement. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Made You Hungry as a result of this Agreement or use of the Service.
Contacting Made You Hungry.

You can contact Made You Hungry, Inc. by email at support@madeyouhungry.com, or by U.S. mail at c/o DiSchino & Schamy, PLLC, 4770 Biscayne Blvd., Suite 1280, Miami, Florida 33137.

Last Updated: July 21, 2020