Terms of Service
LAST UPDATED: 10/12/2021
Terms of Service for HONEYGROW Online Services
Please read these terms of service for honeygrow (“terms”). They contain jury and class action waivers, limitations on liability and other provisions that may affect your legal rights.
By using, installing, accessing or downloading (collectively, “use”) any of our websites, mobile apps, kiosks, email newsletters and subscriptions, rewards and/or loyalty programs and other digital or online properties (collectively, “services” or “online services”), you are entering into a binding agreement with honeygrow (“we”, “us” or “our”) for such use.
Your use of the online services constitutes your acceptance of these terms. Do not use the online services if you do not agree to or with any of these terms. By accepting these terms, you also understand and agree to our Privacy Policy, which is incorporated into, and part of, these terms. Our Privacy Policy describes how we collect, use and share personal information.
By accepting these terms, you understand and agree that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.
1. Our Online Services.
A. Age Restrictions.
Our online services are available in various parts of the United States. Whenever you use our online services, you must follow all applicable rules and regulations, including refraining from using our online services while driving.
Our online services are not to be used by, or targeted to, anyone under the age of 13 years old. If you are at least 13 years old but not yet 18 years old, or the legal age of majority in your jurisdiction, you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.
Do not use our online services if you, or your parent or guardian do not agree to these terms. You must immediately stop using the online services and request that we terminate your account if you created one. You must direct your request for account deletion by sending us an email at feedback@honeygrow.com, and you must include the email address and phone number associated with your account.
B. No Guarantees As To Functionality.
You are responsible for any devices, software and services that you may require to use the services. We make no guarantees as to the functionality of the services and/or whether they will work in connection with any specific device or with any particular software.
C. Fees.
You are responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means as chosen or requested by you. If you create an online service account, it is your responsibility for keeping the account secure and for all activity that takes place under the account.
D. Updates to these Terms.
We may update, modify or terminate the online services (including your access to them) from time to time, in our sole discretion, including by pushing updates to (or removing functionality or access from) any mobile app that you have installed on your device. If we make material changes to the terms, we will notify you by reasonable means, including by posting the new terms in the online services. If you do not agree to the changed terms, then you must cease using the online services and request that we terminate your account by emailing us at feedback@honeygrow.com.
2. Our Privacy Policy.
These terms incorporate our Privacy Policy, which describes our information practices, including how we collect, use and share personal information.
3. Communications With You—Opting-In and Opting Out.
Text messaging, also known as SMS, is one method that we use to communicate with you. Our text messaging program is an “online service” and is subject to these terms.
You may opt in to receive emails and text messages from us to the mobile number or email address you provide to us or push notifications from us. When you opt in to receive these types of communications, you agree that that you will receive, from time to time, marketing and other communications from us. When you opt-in to the service, we will send you an SMS message to confirm your signup. We may use the information you provide to us in accordance with our Privacy Policy. The frequency of text messages may vary.
By opting in to receive these text messages, you consent to our use of an automatic telephone dialing system to generate the text message to you. No purchase is required to be eligible to receive text messages.
You can cancel the SMS or text message service at any time. Just reply "STOP". After you send the “STOP” message to us, we will send you a message confirming that you have been unsubscribed. After this confirmation text, you will no longer receive text messages from us. If you want to join again, you will have to sign up again, as you did previously, and we will then start sending text messages to you again.
You also may completely opt out of our communications with you by modifying your communication preferences to opt out of our communications through your preference selections. You may also change your communication preferences using your device settings.
You agree that you may need to separately manage your communication preferences for each communication method. If you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them.
If at any time you forget what keywords are supported, just reply "HELP". After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive two automated messages per order, conversational message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to feedback@honeygrow.com.
4. Special Offers.
You may receive special offers from us through the online services, including text messages and emails. These offers may only be available through our online service and specified and for the particular product shown, subject to availability in participating restaurants only, and until the offer expires. Other restrictions noted in the offers may apply, including: (i) serving times; (ii) quantities; (iii) non-transferability of the offer; (iv) expiration upon redemption; (v) one offer per restaurant visit; (vi) no cash redemption or alternative.
5. Ownership and Licenses
All rights in the online services belong to us or our licensors. This includes any and all content on the online services, such as text, images, graphics, logos, icons, images, audio files, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed to you, meaning you have permission from us to use the services for your own personal, non-commercial use for the purposes stated herein. Nothing in these terms transfers any such rights to. You may not take any action to jeopardize, limit or interfere with our or our licensors’ rights.
Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are our or our licensor’s protected trademarks or trade dress. The online services may also include certain names, trademarks, and service marks of third party owners.
6. Copyright Notice.
We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work is infringed by content appearing on the online services, please provide a written DMCA notice to us at:
Honeygrow, 1429 Walnut Street, 9th Floor, Philadelphia, PA, 19102, Attn: copyright administrator, 215-545-1206, or email feedback@honeygrow.com.
Your notice must include the following information:
(i) Your full name, address, telephone number and email address;
(ii) A detailed description of the copyrighted work that you believe has been infringed.
(iii) A detailed description of the content on the online services that you believe infringes your copyrighted work. You must include reasonably sufficient information to allow us to identify the content at issue;
(iv) The following statement, signed by the copyright owner or a person authorized to act on behalf of the copyright owner: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I acknowledge that a copy of this infringement notice, including any contact information provided above, may be provided to the person that posted the content being reported.
(v) Your physical or electronic signature.
7. Submissions.
Our online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints, recommendations or other information posted or communicated to us through the online services (“submissions”). By submitting any information to us through the online services, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. We will not treat your submissions as confidential or as being in any way proprietary to you.
8. Uses And Restrictions For The Online Services.
You may use the online services only for your own personal, non-commercial use. The rights granted to you herein are subject to the following restrictions: (a) you may not attempt, or authorize, encourage, or support others' attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the online services; (b) you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the online services; (c) you shall not use any manual or automated software, devices or other processes, including, without limitation, spiders, robots, scrapers, data mining tools, and the like, to "scape" or download data from any web pages contained in the online services; (d) you shall not access or use the online services to build competing or similar services; and (e) you may not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means the online services. Any unauthorized use of the online services terminates the licenses granted herein. Furthermore, you may not, and you may not allow others, to use the online services for any purpose that is unlawful or specifically prohibited by these terms.
9. Limitations on Liability and Disclaimers.
A. Limitations on Liability.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE ONLINE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE.
THE TERMS OF THIS PARAGRAPH REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS OF USE AND THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE ONLINE SERVICES OR PRODUCTS, EXCEED TO ONE HUNDRED DOLLARS ($100).
Some of the above limitations and disclaimers may not apply to you if your jurisdiction does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
Nothing in this section is intended to limit our liability for damages to the extent caused by our own gross negligence or intentional or unlawful misconduct. Additionally, nothing in this section limits your rights as a consumer that cannot be limited or altered under applicable law. We reserve all legal rights to recover damages or other compensation under these terms or as allowed by law.
B. Disclaimers.
YOU EXPRESSLY AGREE THAT USE OF THE ONLINE SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND THAT THE ONLINE SERVICES MAY, AT TIMES, INCLUDE INACCURATE OR ERRONEOUS INFORMATION. WE PROVIDE THE ONLINE SERVICES “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED.WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, SECURE, OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE ONLINE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH THE ONLINE SERVICES IS DONE AT YOUR OWN RISK.
WE MAKE NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOUR SOLE REMEDY AGAINST US FOR THE ONLINE SERVICES IS TO STOP USING THE SERVICES. THESE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
10. Third Party Services.
The online services may allow you to link to or use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. We do not endorse and are not associated with any of these third party services. We have no responsibility from or related to these third party services.
11. Events Beyond Our Control / Force Majeure.
We shall have no responsibility for our failure to perform any of our obligations under these terms where such failure is caused by or related to any event beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, materials and/or pandemics. If such an event occurs, then our obligations shall be suspended for the duration of the event; and we may, but are not required to, use reasonable endeavors to find a reasonable solution by which our obligations under these terms may be performed in the face of the event.
12. Disputes; Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT SET FORTH IN THIS SECTION. PLEASE READ THIS SECTION CAREFULLY AND COMPLETELY AS IT CONTAINS PROVISIONS AND PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
By using the online services, you agree the following:
(i) any claim or dispute (whether in contract, tort, or otherwise) you have with us arising from or related to the online services, our products or services, or these terms shall be resolved exclusively by binding arbitration, to be administered by JAMS, before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (“JAMS Rules and Procedures”). For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS website at www.jamsadr.com and www.jamsadr.com/adr-rules-procedures/.
(ii) the arbitration shall be held at a location determined by JAMS;
(iii) the arbitrator shall have the exclusive authority to resolve any dispute, including relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable, and any decision rendered by the arbitrator shall be binding. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration;
(iv) Waiver of Class Actions. ALL CLAIMS AND DISPUTES COVERED BY THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(v) Waiver of Jury Trial. THE PARTIES HEREBY AGREE TO WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO A COURT PROCEEDING AND TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION PROCEDURES ARE MORE LIMITED, EFFICIENT AND LESS COSTLY THAN COURT PROCEEDINGS AND ARE SUBJECT TO LIMITED REVIEW BY COURTS. IF ANY LITIGATION SHOULD ARISE BETWEEN YOU AND US IN ANY, YOU AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL AND TO HAVE THE CASE OR DISPUTE HEARD BY A JUDGE.
(vi) Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement and may be asserted in court.
(vii) Confidentiality. The arbitration proceeding and all documents filed in connection therewith shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. However, nothing herein shall preclude a party from submitting necessary information or documents to a court for the purposes of confirming or enforcing an arbitration award, asserting claims that are permissible to be brought in court under this arbitration agreement or seeking injunctive relief.
(viii) Notice and Informal Dispute Resolution. Before either party may commence an action for arbitration, the party must first send to the other party a written Notice of Dispute ("Notice"), describing the nature of the dispute, including the basis for the dispute and relief requested. For any Notice to honeygrow, the Notice shall be sent to 1429 Walnut Street, 9th Floor, Philadelphia, PA, 19125, to the attention of the Legal Department, by email at feedback@honeygrow.com and/or Federal Express or any method of delivery where a receipt confirmation can be generated. After the Notice is received, the parties shall attempt to resolve the dispute informally and amicably. If the dispute is not resolved by the 60th day after the Notice was received, either party may begin an arbitration proceeding. Settlement offers, if any, shall not be disclosed to the arbitrator, unless such offer is pertinent to the legal issues in the matter.
(ix) Severability. If any provision in this Arbitration Agreement is held to be invalid or unenforceable, then such part shall be of no force and effect. However, the remaining provisions of this Arbitration Agreement and these terms and conditions shall be unaffected and shall continue to be in full force and effect.
(x) Courts. Where parties are permitted to litigate in court, the parties agree to submit to the personal jurisdiction of the courts located within Philadelphia County, Philadelphia, Pennsylvania.
13. App Stores.
You understand and agree that the availability of the Application (“App”) and the online services is dependent on the third party from whom you received or downloaded the App license, such as Apple iTunes or Google Play app stores ("App Store"). You acknowledge that these Terms are only between you and us and not with the App Store. We have no responsibility over the App Store or any disputes you may have with the App Store or functionality of the App. In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access and network. You also agree to pay all fees (if any) charged by the App Store. You agree to comply with, and your license to use the Appl is conditioned upon your compliance with, all applicable third-party terms, including the App Store’s terms and policies.
14. Other Provisions.
(i) We make no representation that the online services are appropriate or available outside of the United States. If you use the online services from or in geographical locations outside the United States, you are responsible for compliance with all applicable local laws.
(ii) These terms will be governed and interpreted pursuant to the laws of the Commonwealth of Pennsylvania.
(iii) Upon termination of these terms or of your license to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use.
(iv) These terms are severable and if any of them are found to be unlawful, void or unenforceable, then the remaining terms shall remain in full force and effect.
(v) If we do not promptly enforce our rights against you, or delay in doing so, such delay shall not constitute a waiver of our rights against you and we specifically reserve the right to enforce these terms at any time.
(vi) We may transfer our rights and obligations under these terms to another organization or entity, and such transfer shall not affect your rights or our obligations under these terms.