TERMS AND CONDITIONS OF USE – EFFECTIVE May 1, 2025

Welcome to our website! 

This site is maintained by Hammy’s Food Joint as a service to our customers. Throughout these terms and conditions of use, we, (Hammy’s Food Joint LLC) may sometimes refer to ourselves as the “Company”, “we”. “us”, “our”, etc. By using, browsing, or accessing our website for any reason, you agree to comply with and be bound by the following terms and conditions of use. PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS SITE. 

TABLE OF CONTENTS / SUMMARY OF THIS AGREEMENT:

1. Agreement.
2. Privacy.
3. Ownership.
4. Intended Audience.
5. Trademarks.
6. Site Use.
7. Compliance with Laws.
8. Indemnification.
9. Disclaimer of Warranties.
10. Limitation of Liability.
11. Use and Disclosure of Information.
12. Copyrights and Copyright Agent.
13. Governing Law.
14. Venue. 
15. Class Action Waiver.
16. Severability.
17. Waiver.
18. Modification and Termination of Site.
19. Relationship of the Parties.
20. Entire Agreement.
21. Contact Information.
22. Questions.

1. Agreement.  This Terms and Conditions of Use (the “Agreement“) specifies the terms and conditions for access to and use of Hammysfood.com (the “Site“) and describes the terms and conditions applicable to your access of and use of the Site. We may change this Agreement and the products and services offered on our Site at any time, and any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at [website address]. Each time you access our site, you unconditionally accept this Agreement.
2. Privacy. Your visit to the Site and any personal information you submit through the Site is governed by our Privacy Policy and any other posted policies, guidelines, or rules applicable to use of the Site and any services provided by the Site. All such policies, guidelines and rules are incorporated by reference into this Agreement. You agree not to collect or store others’ data that is used by the Company on our Site. 
3. Ownership. All content on the Site is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. This website is intended for adults only and should not be accessed by anyone 13 years old or younger. This website is not intended for any children under the age of 13.
5. Trademarks. You acknowledge the Company’s exclusive rights in the Hammysfood.com trademark and other trademarks and service marks owned by the Company. Trademarks, service marks, logos, and copyrighted works on the Site are the property of the Company or the party that provided the intellectual property to us. The Company and any party that provides intellectual property to the Company retains all rights with respect to any of their respective intellectual property appearing in this Site, and no rights in such materials are transferred or assigned to you. 
6. Site Use. We grant you a limited, revocable, nonexclusive license to use this Site solely for your own personal use or permitted commercial use (such as for catering corporate events, businesses leaving reviews, and/or businesses directly reaching out to us), and not for uploading content, republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. In addition to other restrictions and limitations included in this Agreement and elsewhere on the Site, you acknowledge and agree to the following specific restrictions on your use of the Site: 
   1. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products, or services in violation of any law. 
   2. You agree not to upload, transmit, email post, or otherwise communicate any information, including advertising and promotional materials, or other solicitations, including but not limited to any content that contains a business solicitation of any type, including advertising a product or service, offering a product or services for sale, or directing readers to a location for more information about a product or service.
   3. You agree not to use the Site for or in furtherance of any unlawful, harmful, tortious, defamatory, libelous, obscene, invasive, threatening, abusive, pornographic, or other offensive activities or purposes. You further agree not to use the Site to harass, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion ethnicity, race, age, national origin, or disability.  
   4. You agree not to intentionally, recklessly, or negligently upload or share any materials containing viruses, corrupted files or software, links to other sites or other computer code, files, or programs that may interrupt, limit, interfere with the functionality of, or otherwise adversely affect the Site or the operation of the Site. You also agree not to use the Site or information collected from the Site to spam, phish, pharm, pretext, spider, crawl, or scrape. 
   5. Your use of this Site is at our discretion, and we may terminate your use of this Site at any time.
7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site and that information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification. 
   1. Generally. You agree to indemnify, defend, and hold the Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
   2. Partners. Hammysfood.com is hosted on WooCommerce. Woo Commerce provides us with the e-commerce platform where we sell our products and services t
   3. o you. Purchases of products and/or services may be made through our Site with Paypal, which may collect and use your debit and or credit card information to complete the transaction. By using this Site, you agree to indemnify, defend, and hold the Company and our affiliates harmless from and against any claim arising out of third-party use or misuse of these platforms or any breach or leaks of personally identifiable information or payment information through third-party use or misuse of these platforms. We make no warranties, representations, or assurances with respect to the use of these platforms, and you acknowledge and agree that the tools provided from these platforms on the Site are “as is” and “as available”.
9. Disclaimer of Warranties. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. 

THE COMPANY MAKES NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE SITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY THE WEBSITE WILL BE CORRECTED.

1. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR YOUR SITE USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. 

You may have additional rights under certain laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

1. Use and Disclosure of Information. We reserve the right, and      you authorize us, to use and assign all information regarding your Site use and all information provided by you in any manner consistent with our Privacy Policy. We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
2. Governing Law. The laws of the state of Missouri, without regard to its conflicts of laws principles, will govern this Agreement and any dispute that may arise between you and the Company or its affiliates with respect to enforcement of this Agreement or other use of the Site.
3. Venue. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of St. Charles County, MO.
4. Class Action Waiver. By using the Site, to the extent permitted by law, you waive your right to class action of any claim you may have against the Company arising out of or relating to your or a third party’s use of the Site. 
5. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
6. Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of this Agreement by us must be in writing and signed by an authorized representative of the Company.
7. Modification and Termination of Site. The Company may terminate this Agreement at any time, with or without notice, for any reason. We also reserve the right to modify or discontinue the Site or any services listed on the Site, temporarily or permanently, with or without notice.
8. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party. Both parties shall remain independent contractors and be responsible for their own actions.
9. Entire Agreement This Agreement constitutes the entire agreement between you and the Company, governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to this Site, unless stipulated otherwise in a written agreement, signed by both parties. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Site, such as rules regulating programs, sweepstakes, contests, raffles, surveys, or other promotions put on by the Company. We may revise this Agreement at any time by updating it and posting such updates on the Site. You should visit the Site and review this Agreement from time to time to determine if any changes have been made. Your continued use of this Site after any changes have been made to the terms of this Agreement signifies and confirms your acceptance of any such changes or amendments to the Terms of and Conditions of Use.
10. Contact Information.

Hammy’s Food Joint LLC

Northwest Registered Agent Service, Inc.

[117 S Lexington Street STE 100

Harrisonville, MO 64701]

[314-230-2193]

hammysfoodstl@gmail.com

1. Questions. If you have any questions regarding these Terms of and Conditions of Use, services available to you through the Site, your subscription to email notifications and newsletters, and more, please contact us at hammysfoodstl@gmail.com.