Terms of Use

Creating a HungerLink account

You may need to create a HungerLink user account to use all or part of the HungerLink Service. You understand that you are responsible for all use of your account. You should notify us if you believe there has been unauthorized access to your account.

Your rights to use the HungerLink Service

Access to the HungerLink Services

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the HungerLink Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or HungerLink. You agree that you will not redistribute or transfer the HungerLink Service or the Content.

The HungerLink software applications and the Content are licensed, not sold or transferred to you, and HungerLink and its licensors retain ownership of all copies of the HungerLink software applications and Content even after installation on your Devices.

Proprietary Rights

The HungerLink Service and the Content are the property of HungerLink or HungerLink's licensors. All HungerLink trademarks, service marks, trade names, logos, domain names, and any other features of the HungerLink brand are the sole property of HungerLink or its licensors. These Terms do not grant you any rights to use any HungerLink brand features whether for commercial or non-commercial use.

You agree to abide by the Terms outlined in this document and not to use the HungerLink Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.

User Content

The content you post on the HungerLink Service

HungerLink users may post, upload, or otherwise contribute content to the HungerLink Service ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the HungerLink Service by users.

You are solely responsible for all User Content that you post.

You promise that, with respect to any User Content you post on HungerLink, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by HungerLink pursuant to the license granted below, does not: (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party.

Monitoring user content

HungerLink may, but has no obligation to, monitor or review User Content. HungerLink reserves the right to remove or disable access to any User Content for any or no reason. HungerLink may take these actions without prior notification to you.

Licenses that you grant to us

User Content

You retain ownership of your User Content when you post it to the HungerLink Service. However, in order for us to make your User Content available on the HungerLink Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant to HungerLink a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the HungerLink Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

Feedback

If you provide ideas, suggestions, or other feedback in connection with your use of the HungerLink Service or any Content ("Feedback"), such Feedback is not confidential and may be used by HungerLink without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.

Your Device

You also grant to us the right (1) to allow the HungerLink Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the HungerLink Service.

Introduction

These Terms will continue to apply to you until terminated by either you or HungerLink. HungerLink may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the HungerLink Service at any time if we believe you have breached any of these Terms, if we stop providing the HungerLink Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or HungerLink terminate these Terms, or if HungerLink suspends your access to the HungerLink Service, you agree that HungerLink shall have no liability or responsibility to you. You may terminate these Terms at any time, in which case you may not continue accessing or using the HungerLink Service.

Warranty disclaimers

THE HUNGERLINK SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, HUNGERLINK AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER HUNGERLINK NOR ANY OWNER OF CONTENT WARRANTS THAT THE HUNGERLINK SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, HUNGERLINK MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE HUNGERLINK SERVICE OR ANY HYPERLINKED WEBSITE, AND HUNGERLINK IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM HUNGERLINK SHALL CREATE ANY WARRANTY ON BEHALF OF HUNGERLINK. WHILE USING THE HUNGERLINK SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to y

Limitation of liability and time for filing a claim

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE HUNGERLINK SERVICE IS TO UNINSTALL ANY HUNGERLINK SOFTWARE AND TO STOP USING THE HUNGERLINK SERVICE. YOU AGREE THAT HUNGERLINK HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE HUNGERLINK SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO HUNGERLINK, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.

IN NO EVENT WILL HUNGERLINK, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE HUNGERLINK SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER HUNGERLINK HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE HUNGERLINK SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO HUNGERLINK DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR $30.00.

For clarification, these Terms do not limit HungerLink's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.

ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and HungerLink, and in no event shall these Terms create any third-party beneficiary rights.

If you have downloaded any of our mobile software applications (each, an "App") from the Apple Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and HungerLink only, not with Apple, and Apple is not responsible for the HungerLink Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the HungerLink Service. In the event of any failure of the HungerLink Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the HungerLink Service. Apple is not responsible for addressing any claims by you or any third party relating to the HungerLink Service or your possession or use of the HungerLink Service, including: (1) product liability claims; (2) any claim that the HungerLink Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the HungerLink Service or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the HungerLink Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

Indemnification

You agree to indemnify and hold HungerLink harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional HungerLink terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the HungerLink Service; and (4) your violation of any law or the rights of a third party.

Governing law, mandatory arbitration and venue

Governing law and jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of the Province of Ontario, Canada. Further, you and HungerLink agree to the jurisdiction of the federal and provincial courts located in Ontario, Canada, to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms or the HungerLink Service that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

ARBITRATION AGREEMENT

This Arbitration Agreement section sets forth the terms and conditions pursuant to which disputes, claims and controversies between you and HungerLink will be resolved through arbitration ("Arbitration Agreement").

Dispute resolution and arbitration

You and HungerLink agree that any dispute, claim, or controversy between you and HungerLink arising in connection with or relating in any way to these Terms or to your relationship with HungerLink as a user of the HungerLink Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and HungerLink further agree that the arbitrator shall have the exclusive power to rule on her or his own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees and costs only where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.

No class Or representative proceedings; class action waiver

YOU AND HUNGERLINK 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 OR REPRESENTATIVE ACTION. Unless both you and HungerLink agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Enforceability

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the 'Governing law and jurisdiction' section above shall govern with respect to any aspect of any dispute, claim or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement.