TERMS OF SERVICE
Your use of the website (hereinafter “User”, “You”, or “Your”) on which these terms reside (the “Platform”), and the features, loyalty programs, and services offered on or in connection with this Platform (collectively, the “Services”), are subject to these Terms of Service (this “Agreement”), which sets forth a legally binding agreement between You and Hot ‘n Now, a brand by HNN Holdings, LLC (“HNN”, “We”, “Us”) (collectively, the “Parties”).
Please read this Agreement carefully before accessing or using this Platform or participating in any Services.
If You do not agree to the terms contained in this Agreement, then You may not access or use the Platform or participate in the Services.Your access or use of the Platform or participation in any Service constitutes Your acknowledgment that You have the legal authority to bind Yourself, or any party You represent, and accept, this Agreement.This includes, but is not limited to, accepting the disclaimer of warranties, remedy exclusions and limitations, binding arbitration provision, class action waiver, jury trial waiver, and consenting to Michigan governing law.You acknowledge that You have read and agree to be bound by this Agreement and You further agree to comply with all applicable laws, regulations, and/or rules with regard to Your access and use of the Platform and Your participation in any Services.
HNN may update this Platform and this Agreement from time to time.You agree to periodically review this Agreement as posted on this Platform for any changes.Your continued access or use of this Platform or Your participation in any Services after HNN posts changes to this Agreement constitutes Your agreement to those changes effective immediately.
HNN may, in its sole discretion and at any time, discontinue this Platform, its Services, or any part thereof, with or without notice.You agree that You do not have any rights in this Platform and HNN will have no liability owed to You if this Platform is discontinued, or if Your ability to access or use the Platform is terminated.
You may not use the platform or any services for any purpose that is unlawful or prohibited by this agreement.Your access to or use of the platform, or participation in any services, may be terminated at any time in HNN’s sole discretion, with or without notice, if You fail to comply with any provision of this agreement or additional terms, or for any other reason, or no reason.
1. License
HNN grants You a limited, nonexclusive, revocable license to use portions of the Platform solely for Your own private, non-commercial purposes only and solely in accordance with the terms of this Agreement.The Platform, and any Services performed, provided or enabled by or through the Platform are intended only for the lawful use by Users of the Platform.You represent and warrant that You will use the Platform and Content only for the purposes permitted herein, that all information You submit is accurate and otherwise complies with this Agreement, and that You will promptly notify HNN if any of Your information changes.
You acknowledge that any reliance on the Platform all the information, communications, scripting, photos, text, video, graphics, music, sounds, images, layout and other materials provided to You via the Platform and the compilation of the foregoing (collectively the “Content”) will be at Your own risk. HNN makes no representations regarding the amount of time that any Content will be preserved.HNN makes no representation that the Platform or Content is appropriate or available for use in particular locations.
The Platform, Content, and the selection, coordination, and arrangement thereof, are owned by HNN. The unauthorized copying, displaying, selling, distributing, or other use of any Content or Platform is a violation of the law.You acknowledge having been advised by HNN that the Content and Platform are protected by a variety of laws, including but not limited to, copyright laws, trademark laws, patent laws, and other intellectual property and proprietary rights laws.
The Platform, Content, Platform updates, and any other documentation are licensed to You by HNN subject to the terms of this Agreement.The rights granted herein are non-transferable and are limited to HNN’s intellectual property rights in the Platform and do not include any other patents or intellectual property rights.You may not modify, alter, copy, publicly display or perform, distribute, or create derivative works, of the Platform.
This Agreement does not grant You any rights to use HNN proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Platform. Any use of the Platform in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the Platform or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other Content provided by the Platform is prohibited.You further agree to in no other way misuse any Content or third-party content.
To help protect Users’ login information, the Agreement herein permits use of the Platform on one device at a time. You may not make the Platform available over a network where it could be used on multiple devices at the same time.This Agreement does not entitle You to receive, and does not obligate HNN to provide, hard-copy documentation, support, telephone assistance, enhancements, or updates to the Platform.
You agree not to download, display, or use any Content used in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of HNN, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of the Hot ‘n Now brand or HNN’s intellectual property rights,.
2. Use of the Platform
The following requirements apply to Your use of the Platform:
You will not collect or store personal data about other users.
You will not use the Platform for any commercial purpose not expressly approved by HNN in writing.
You may not access or use the Platform while driving or while behind the wheel of a vehicle that is not parked.
The Platform may only be used when it is lawful and safe to do so.
3. Dispute Resolution (Including Informal Dispute Resolution; Binding Arbitration, Class Action Waiver, Jury Trial Waiver)
Please Read This Section Carefully – It Significantly Affects Your Legal Rights, Including Your Right to File a Lawsuit in Court.
You and HNN both agree that any disputes that arise between the Parties that cannot be resolved informally shall be resolved through binding individual arbitration with limited exceptions as set forth below.
Arbitration is less formal than a lawsuit in court and tends to be less costly.Arbitration uses a single neutral arbitrator instead of a judge or jury.In arbitration, the discovery process and appellate review is more limited than in a formal lawsuit.The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in this Agreement and (b) issues that relate to the validity and enforceability of the arbitration agreement.
It is Our goal that We meet Your expectations.However, there may be instances when a dispute arises that needs special attention.In those instances, We are committed to working with You to reach a reasonable resolution.For any issue or claim arising out of or relating to this Agreement, including: (a) a dispute or claim that arose before the execution of this Agreement (including any claims related to advertising); (b) any dispute or claim that is currently the subject of any class action litigation in which You are not a member of a certified class; and (c) any dispute or claim that may arise after termination of this Agreement (hereinafter, “Dispute”), You acknowledge and agree that You will first give HNN reasonable opportunity to informally resolve Your Dispute.HNN agrees that it will do the same as to any Dispute that it might have with You.“Dispute” does NOT include those claims concerning patents, copyrights, trademarks, trade secrets, publicity, claims of piracy, or unauthorized use of intellectual property.
Neither this Agreement nor any arbitration agreement prevent You from bringing a Dispute to the attention of a government agency.
A. Mandatory Informal Dispute Resolution
Both Parties agree that this informal dispute resolution process is mandatory and a condition precedent that must be satisfied before initiating arbitration.Before submitting a demand for arbitration in accordance with the provisions set forth in this section, if either You or HNN has a Dispute with the other Party, that Party shall first provide the other Party with a written notice related to that Dispute (“Notice”).
A Notice must include all of the following: (a) a detailed description of the Dispute; (b) the nature and basis of the claim(s); (c) the relief sought and a calculation for it; (d) information sufficient for HNN or You to identify any relevant transactions, accounts, or experiences; and (e) the Party’s mailing address, email address, and a phone number.Any Notice that You submit must be signed by You, and any Notice that HNN submits must be signed by a HNN representative.If You want HNN to speak with Your representative, please also provide HNN with Your signed authorization to do so.
If You have a Dispute with HNN, You agree to provide HNN with the Notice by sending the Notice by certified mail to the following :
HNN Holdings, LLC
146 Monroe Center St. NW
Ste. 1226
Grand Rapids, Michigan 49506
If We have a Dispute with You, We will provide You with written Notice by sending it to the most recent contact information We have on file for You.
During the informal dispute resolution process, should the Party receiving the Notice make a written request to do so, the Parties shall participate in an individualized telephonic settlement conference to facilitate potential resolution of the Dispute.Both Parties agree to negotiate in good faith to resolve any Dispute.
Any applicable limitations period (including statutes of limitations) will be tolled for 60 days from the time a fully valid Notice is served on the other Party unless the Parties mutually agree in writing to extend that period.
A court of competent jurisdiction shall have the power to enforce this condition precedent to arbitration, including the power to enjoin the filing or prosecution of arbitration and the assessment and collection of arbitration fees.If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue and a Party elects to have that issue decided by a court, then any arbitration shall be automatically stayed pending resolution of that issue.Nothing in this paragraph limits the right of a Party to seek damages for non-compliance with this mandatory informal process in arbitration.
If for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of a valid Notice, You or HNN may commence arbitration pursuant to Section B.
B. Agreement to Binding Individual Arbitration.
You and We agree that, subject to the limited exceptions set forth in this Agreement, the sole and exclusive forum for any and all Disputes between You and HNN shall be final and binding individual arbitration.
Arbitration under this Agreement shall be administered by the American Arbitration Association (the “AAA”) in accordance with the AAA Consumer Arbitration Rules (including applicable AAA Supplementary Rules), which are available at https://www.adr.org/Rules, as modified by this Agreement.You and We understand that the AAA’s administrative determination that this arbitration provision comports with the Consumer Due Process Protocols is final and that neither a court nor an arbitrator has the authority to revisit it.If the AAA is unavailable or unwilling to administer the arbitration consistent with this Agreement, the Parties shall agree on an administrator that will do so.If the Parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint an administrator who shall do so.The applicable AAA rules will govern the payment of AAA fees unless applicable law requires a different allocation of fees in order for this arbitration provision to be enforceable.
The arbitration demand must be signed by either (a) the claimant if the claimant is unrepresented, or (b) the claimant’s attorney if the claimant is represented.By signing the arbitration demand, the claimant, or the claimant’s attorney, certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry under the circumstances that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of arbitration; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery.The arbitrator is authorized to award any relief or impose any sanctions available under applicable federal or state law against all Parties and counsel.
The Parties agree that the arbitrator may award the same relief available in court provided that such relief (including declaratory or injunctive relief) shall only be in favor of the individual Party seeking relief and only to the extent necessary to provide the relief warranted by that Party’s individual claim.
unless Parties agree otherwise, the arbitrator may not consolidate any person’s or entity’s claims with those of another person or entity and may not otherwise preside over any form of a class, representative, collective, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class, representative, collective, and private attorney general claims; and consolidation is found to be unenforceable as to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then the Parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
You may choose to have the arbitration conducted by phone, in-person, or video hearing.Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims.The Parties also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same Parties, even if they involved the same or similar claims.
The arbitrator may not award relief to anyone who is not a Party to the proceeding.The award of the arbitrator may require payment of the costs, fees, and/or expenses incurred by the prevailing Party consistent with applicable law and the applicable AAA rules.The arbitrator shall be bound by this Agreement as a court would and shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based.The arbitration award shall be binding only as to the Parties and shall have no preclusive effect in any other arbitration or proceeding to which You are not a named Party.Judgment on any arbitration award may be entered in a court of competent jurisdiction, except that an award that has been satisfied may not be entered.
Exception – Small Claims Court. Notwithstanding the above, either Party retains the right to have a Dispute heard in small claims court provided the Dispute falls within the jurisdictional limits of that court, seeks individualized relief, and so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction.Whether a Dispute falls within the jurisdiction of small claims court is for the small claims court to decide in the first instance and otherwise for a court of competent jurisdiction to determine.
C. Additional Procedures for Mass Arbitration Filings.
If twenty-five (25) or more claimants (including You) submit Notices or seek to initiate arbitrations raising similar claims against HNN and are represented by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), You agree that these additional procedures shall apply.
The Parties agree that, as part of these procedures, the resolution of Your Dispute may be delayed and ultimately proceed in court. The Parties agree that, as part of these procedures, their counsel shall meet and confer in good faith to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated through arbitration, and conserve the Parties’ and the AAA’s resources.If You elect to bring Your Dispute as part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for Your Dispute from the time that Your Dispute is first submitted to the AAA until Your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
Stage One. If at least 50 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for HNN shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process.The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the Parties.If fewer than 50 Disputes are submitted as part of the Mass Arbitration, all Disputes shall proceed individually as part of Stage One.Each of the 50 (or fewer) Disputes shall be assigned to a different arbitrator and proceed individually.If a claim is withdrawn before the issuance of an award, another claim shall be selected to proceed.After this initial set of staged proceedings, counsel for the Parties shall participate in a global mediation session with a mediator jointly selected by counsel in an effort to resolve all remaining Disputes, and HNN shall pay the mediator’s fee.
Stage Two.If any Disputes of the same Mass Arbitration have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for HNN shall each select 50 or fewer Disputes per side to be filed and to proceed as cases in individual arbitrations as part of this second staged process.The number of Disputes to be selected to proceed in Stage Two may be increased by written agreement of counsel for the Parties (and if there are fewer than 100 Disputes, all shall proceed individually as part of Stage Two).Each of the 100 (or fewer) cases shall be assigned to a different arbitrator unless counsel for the Parties agree otherwise and shall proceed individually.If a case is withdrawn before the issuance of an award, another claim shall be selected to proceed as part of Stage Two.After this second set of staged proceedings, counsel for the Parties shall participate in a second global mediation session with a mediator jointly selected by counsel in an effort to resolve all remaining Disputes, and HNN shall again pay the mediator’s fee.
Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Agreement. Notwithstanding the foregoing, counsel for the Parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enjoin the filing or prosecution of arbitration and the assessment or collection of arbitration fees.
The terms of this Section C. of the Agreement entitled “Additional Procedures for Mass Arbitration Filings”, along with each of its requirements, is an essential part of this arbitration agreement.If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration Filings apply to Your Dispute, and are not enforceable, then Your Dispute shall not proceed in arbitration and shall proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.
D. Class Action Waiver; Jury Trial Waiver
You and HNN each agree that any proceeding, whether in arbitration or litigation in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action.You and We agree to waive any right to bring or to participate in such an action in arbitration or court to the fullest extent permitted by applicable law.Notwithstanding the foregoing, the Parties retain the right to participate in a class-wide settlement.
To the fullest extent permitted by law, You and HNN waive the right to a jury trial.
You and We agree that each 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, representative, collective, or private attorney general proceeding in arbitration or litigation.
4. Communicating with HNN
On certain areas of the Platform You may be given the ability to contact HNN via electronic mail, for example, to sign up for e-mail notifications, newsletters, or promotions for HNN Products.How HNN handles the information that You provide to HNN through the Platform is governed by HNN’s Privacy Policy.
By using the Platform, You acknowledge and agree that any materials, ideas, or other communications You transmit to HNN in any manner and for any reason will not be treated as confidential or proprietary.Furthermore, You acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials You transmit to HNN may be used by HNN anywhere, anytime, and for any reason whatsoever.
5. Mobile Service, Internet, and Service Fees
The use of the Platform on a mobile device requires use of a mobile device and wireless mobile data service, which must be obtained from Your wireless carrier, and may require internet access, which must be obtained from Your service provider; You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at Your cost, electronic communications related to the Platform and the program (as hereafter defined), including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform Updates, from HNN, Your mobile carrier, or third-party service providers.If You do not have an unlimited wireless mobile data plan, You may incur additional charges from Your wireless service provider in connection with Your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third-Party fees associated therewith, including fees for information sent to or through the Platform.
HNN makes no representations that The Platform will work, or be compatible, with all computers, browsers, devices or all mobile carriers.Certain device and browser combinations may not support some Platform features such as online ordering.In the event that fees are charged for the Platform, or other third-party service providers charge a fee for the products or services they provide, You agree to pay such fee to the respective Party in exchange for Your continued use of such products or services.
Some functionality of the Platform, including mobile payment, location-based services and functionality, and access of the User’s address book and photo library may require the transmission of information provided by the User including, without limitation, names, usernames and passwords, addresses, e-mail address, photos, financial information (such as credit card numbers), and/or GPS location.If the User utilizes such Platform functionality, the User consents to the transmission of User information to HNN and/or its agents and authorizes HNN and/or its agents to record, process, and store such User information as necessary for the Platform functionality and the purposes described in the HNN Privacy Policy.
6. Accounts, Passwords, and Security
Certain areas of the Platform may require registration or request that You provide information to participate in specific features or access certain content. If You elect not to provide such information, You may not be able to access certain content or participate in certain features of the Platform or any features at all.You understand that certain offers, services, and features available on the Platform, such as loyalty and rewards programs, may be subject to additional specific terms and conditions.In the event of any conflict between this Agreement and any such specific terms and conditions, the specific terms and conditions will control.
If the Platform requires You to create an account or otherwise submit information, You must complete the specified process by providing HNN with current, complete, and accurate information as requested by the applicable registration form. It is Your responsibility to maintain the currency, completeness, and accuracy of Your registration data, and any loss caused by Your failure to do so is Your responsibility. During the registration process, You will be asked to enter Your name and a valid e-mail address, and You may be asked to choose a password. You understand and agree that You may be required to verify Your email address to complete the account registration process and that You may be required to click a link in an email sent by or on behalf of HNN to complete each login to Your HNN account. It is entirely Your responsibility to maintain the confidentiality of Your login credentials, any password, Your e-mail address and e-mail account, and Your HNN account, including maintaining the physical security of Your device. If the Platform permits You to log in using Your device’s fingerprint sensor, only enable such a feature if the device is Your own personal device.
Additionally, You are entirely responsible for any and all activities that occur under Your account, including mobile payments, all transactions and other activities undertaken with Your device, any HNN gift card or stored payment card, whether authorized or unauthorized. You agree to notify HNN immediately of any unauthorized use of Your account. You further agree not to email, post, or otherwise disseminate any User identification, password, or other information that provides You access to the Platform. HNN is not liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. HNN shall not be responsible for any losses arising out of the loss or theft of User information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Platform. Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to You of any promotional offer.
7. Transactions and Product Availability
Through the Platform, You may be able to order and/or pay for HNN Products or Services. To be able to order and pay for such products or services, You must supply certain information relevant to Your transaction, including, without limitation, Your credit or debit card number, the expiration date of Your credit or debit card, the name on Your credit or debit card, Your billing address, and/or Your HNN gift card numbers.
You may also be asked to supply delivery or shipping information.You represent and warrant that You have the legal right to use any credit or debit card or other payment method utilized in connection with any transaction. By submitting such information, You grant to HNN and/or any required third Parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
HNN may permit You, through the Platform, to order menu items, other products, or services from an HNN location.You agree that Your order is an offer to buy, under this Agreement, the Products and Services listed in Your order.HNN may choose not to accept orders through the Platform, in its sole discretion, even after sending a confirmation email with an order number and order details.
All descriptions, images, features, specifications, Products, and prices of Products or Services are subject to change at any time without notice.The inclusion of any Products or Services on the Platform does not imply or warrant that these Products or Services will be available. Images of products may not be identical to the product You receive, due to customizations, variations in Your device’s display, and/or factors such as the ingredients used, the supplier, location, and season. HNN reserves the right, with or without prior notice, to do any one or more of the following for any reason: (a) limit the available quantity of or discontinue any product or service; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar You from making or completing any or all transactions; and (d) refuse to provide You with any Product or Service.
You agree to pay all charges incurred by You, on Your behalf, or by Your account through the Platform, at the price in effect when such charges are incurred.You are solely responsible for any taxes applicable to Your transaction.You acknowledge and agree that web and mobile ordering and the ability to purchase products and services are only available at participating locations (which locations are subject to change without notice).Prices and availability of menu items and customization options vary by location.Posted prices do not include taxes or charges for delivery and handling, or any other service fees or charges.All such taxes and charges will be added to Your order total and reflected in Your shopping cart and order confirmation.HNN may charge You convenience or service fee(s) in addition to the amounts charged in connection with a transaction utilizing the Platform, which convenience or service fee(s) will be displayed on the Platform and in Your order confirmation.Prices posted on the Platform may differ from prices offered at each HNN location. All prices, discounts, and promotions posted on the Platform are subject to change without notice. The inclusion of any product or service on the Platform does not imply or warrant that these Products or Services will be available at a particular restaurant.
HNN will not accept returns of products or services purchased through the Platform. You may be entitled to a refund, at the sole discretion of HNN or its agents, based on the individual circumstances underlying each request. All refunds will be processed using the original payment method associated with the applicable order. Please allow at least four weeks for any refund to be processed. Refund times may vary depending on Your payment card issuer.
You understand and agree that, except as otherwise set forth herein or as otherwise determined by HNN in HNN’s sole discretion, You will be charged at the time You place Your order for Products or Services. You further understand and agree that the transaction for the purchase of Products or Services is final and complete at the time You are charged. Once an order is placed, changes cannot be made to the order except to the extent edit options are made available on the Platform in HNN’s sole discretion. After You have placed an order for delivery (where available) or checked-in by selecting “drive-thru” or “in-store”/“in-restaurant” or You have otherwise directed HNN to begin preparation of Your order by means designated by HNN and communicated to You in HNN’s sole discretion, You may not cancel Your order. Except for a HNN in-restaurant ordering kiosk, the Platform’s ordering functionality is intended for off-site use only and is not for placing orders from within a HNN restaurant.
8. Delivery.
In some locations, You may be able to place an order for delivery.HNN and its delivery vendor(s) reserve the right to accept or decline an order for any reason up until the time the product is actually delivered to You.You acknowledge and agree that delivery times may vary and that HNN makes no warranty or guarantee with respect to when Your order will be delivered.Time estimates for deliveries are provided for convenience only and are subject to change.HNN is not responsible for inaccurate delivery time estimates.Delivery may not be available in all locations and, if delivery is available, it may be available only to a limited geographic area and only for a limited time.Menu items available for delivery, and prices for those items, may vary by restaurant location.Orders for delivery must be placed within delivery times, and for delivery within the specified radius, of the participating HNN location.Delivery hours may be limited and may vary. You agree that Your delivery request (where available) may be fulfilled by a third party in HNN’s discretion.You further acknowledge and agree that there may be delivery fees, service fees, surge fees, small order fees, supplemental fees and charges, driver benefit fees, and other fees and charges associated with orders placed for delivery and that these fees and charges may vary by location and are subject to change at any time.In HNN’s discretion from time to time, menu prices for delivery services may be higher than menu prices at restaurant locations or menu prices available through the Platform for in-restaurant pick-up.Delivery and service fees are not a driver tip or gratuity.A minimum purchase may be required for delivery in HNN’s sole discretion from time to time.Prices posted by third-party delivery sites may be different from prices offered on the Platform or at each HNN location.HNN does not warrant the completeness or accuracy of any information provided by third-party delivery sites.You expressly agree that HNN may provide Your contact information, including, without limitation, Your telephone number and email address, to its delivery vendor(s) including so that You may receive information regarding Your order.
HNN may contact Users with a short online survey to collect feedback related to their HNN experience.
9. Representations, Disclaimer of Warranties, and Limitations of Liability
HNN and its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees, and agents (collectively, “HNN Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, or adequacy of any information, facts, views, opinions, statements, or recommendations contained on the Platform. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by HNN or HNN Affiliates.
HNN and HNN Affiliates are not responsible for any resulting damage to any User’s device or computer from any virus, bug, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the internet may not be secure, and You should consider this before e-mailing HNN or HNN Affiliates any information or posting information to the Platform. HNN and its affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Platform. This Platform may be temporarily unavailable due to maintenance, computer equipment malfunctions, or other unforeseen reasons.
The platform (including all platform updates), the services, and the content are made available on an “as is,” “as available,” and “with all faults” basis. HNN and HNN affiliates specifically disclaim all warranties, express or implied, including, without limitation, the warranties of merchantability, quality, fitness for a particular purpose, and non-infringement, with respect to the platform, the services, and the content.HNN does not warrant that the functions contained in or services performed, provided, or enabled by or through the platform (including any platform updates) will meet your requirements, that the operation of the platform, (including any platform updates) will be uninterrupted or error-free, or that defects in the platform (including any platform udates) will be corrected. No oral or written information or advice given by HNN or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the platform prove defective, you assume the entire cost of all necessary servicing, repair, or correction.
You agree that HNN and HNN Affiliates are not liable to you for damages of any kind, whether based in tort, contract, strict liability, or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential, or punitive damages (collectively, “damages”) resulting in any way from or in connection with: (a) the platform, the services, the content, messages, and/or any services performed through the platform or any failure of performance; (b) any errors or omissions in the technical operation or content of the platform; (c) any action taken in connection with an investigation by HNN, law enforcement, or other authorities regarding your use of the platform or the content or participation in any services; (d) any action taken in connection with copyright owners; or (e) the conduct, actions, or inactions of platform users or your interactions or relationships with platform users, even if hnn or the HNN affiliates have been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of, or unauthorized access to, the platform or its related information or programs.
10. Assignment
HNN may assign this agreement, in whole or in part, at any time with or without notice to You. You may not assign this agreement, or any part of it, to any other person.Any attempt by You to do so is void.You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Platform.To the extent that You allow a third party to use Your device, You shall remain solely responsible for the use of the Platform by others using the device.
11. General
By accessing this platform, registering with the platform, participating in the services, and/or accepting any information or services from or through this platform You agree to indemnify, defend, and hold HNN and HNN Affiliates harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) Your breach of this agreement; (b) Your violation of any local, state, federal, or international law, rule, or regulation; (c) a claim by a third Party that is based on Your use of the platform or the content or participation in the services; (d) information, User generated content, or material posted or transmitted through Your device, computer, or account, even if not submitted by You; (e) any misrepresentation made by You; (f) any dispute between You and another User of the platform or participant in the services; (g) the theft, misappropriation, misuse, or disclosure of Your password or other account details or the e-mail account associated with Your HNN account; (h) Your authorization of anyone else to use Your password or the e-mail account associated with Your Hot ‘N Now account; and/or (i) Your use of any of the services provided through the platform, including, without limitation, injury to or death of any person or damage to any property. You will cooperate as fully and as reasonably required in HNN’s defense of any claim. HNN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You shall not, in any event, settle any matter without the written consent of HNN.
12. Privacy Policy
By using, communicating through, or submitting information through the Services, You consent to all actions taken by Us with respect to Your information in compliance with the HNN Privacy Policy, which is hereby incorporated by reference into this Agreement.
13. Severability
In the event that any term or provision of this Agreement is found to be invalid, unenforceable, or in conflict with any law, the remaining terms and provisions shall remain in full force and effect.
Last updated 09/2025