Hummingbird Sushi Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Hummingbird Sushi ("we", "us", or "our") that govern your access to and use of our website, online ordering, reservations, gift cards, loyalty program, and any other services we offer through this site (collectively, the "Services").

By using our Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

These Terms include a binding arbitration agreement and class-action waiver (see "Dispute Resolution"). Please read those sections carefully.

1. Who can use the Services

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) and capable of entering into a binding contract. By using the Services you represent that you meet these requirements.

If you are accessing the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Your account

If you create an account, you agree to:

• Provide accurate, current, and complete information
• Keep your password and login credentials confidential
• Notify us immediately at redhun25@gmail.com if you suspect unauthorized access
• Take responsibility for all activity that occurs under your account

We may suspend or close any account that we reasonably believe is being used improperly, fraudulently, or in violation of these Terms.

3. Orders, payments, and refunds

3.1 Placing an order

When you place an order through our site, you make an offer to purchase from us at the price displayed. We may accept or decline any order at our discretion. Your order is confirmed when we send you a confirmation email or message.

3.2 Payment

By providing your payment method, you authorize us (and our payment processor) to charge the total amount of your order, including taxes, tips, and any applicable fees. All payments are processed through Stripe; we do not store your full payment card number on our systems.

If payment fails or is reversed (e.g. chargeback) after your order has been prepared or delivered, you remain responsible for the amount owed.

3.3 Cancellations and refunds

• Pickup / delivery orders — once the kitchen has started preparing your order, we generally cannot cancel or refund. If you need to make a change, please call us as soon as possible at the phone number on our home page.
• Reservations — you may cancel a reservation up until the cancellation window stated at booking. Deposits and prepaid amounts are refunded according to the policy shown at the time you booked.
• Gift cards — non-refundable once issued, except where required by law.
• Events / ticketed experiences — non-refundable unless we cancel the event.

We retain full discretion to issue goodwill refunds case-by-case. Contact us at redhun25@gmail.com.

3.4 Pricing and taxes

Prices shown on the site include menu prices but may not include taxes, delivery fees, service fees, or gratuity. The full total will be shown to you before you confirm payment. We may correct pricing errors at any time before your order is accepted.

4. Alcoholic beverages (if applicable)

If we offer alcoholic beverages, you represent that you are at least 21 years old (U.S.) or the legal drinking age in your jurisdiction. We may require valid government-issued photo ID upon pickup or delivery. We may refuse service if ID is missing, expired, or appears altered.

5. Loyalty program

If we offer a rewards or loyalty program, the following apply:

• Points have no cash value and are not transferable
• Points may be revoked if the underlying order is refunded, returned, or charged back
• We may modify, suspend, or terminate the program at any time with reasonable notice
• Points expire according to the policy disclosed at signup

6. Acceptable use

You agree not to:

• Use the Services for any unlawful purpose
• Submit false, misleading, or fraudulent information
• Interfere with or disrupt the Services or servers
• Use bots, scrapers, or automated tools without our written permission
• Resell or exploit the Services for commercial purposes other than placing your own orders
• Post defamatory, harassing, or infringing content in reviews or messages

We may remove content or suspend accounts that violate this section, at our discretion.

7. Reviews and submissions

If you submit reviews, photos, comments, or other content through the Services, you grant us a non-exclusive, royalty-free, worldwide license to use, display, copy, and distribute that content in connection with our business. You retain ownership of your content.

You represent that any content you submit is your own and does not infringe any third-party rights.

8. Intellectual property

All trademarks, logos, photographs, menu items, and content on this site are owned by us or our licensors and protected by intellectual property laws. You may not copy, modify, or distribute our content without our written permission, other than for personal, non-commercial use of the Services.

9. Service availability and disclaimer

We provide the Services "as is" and "as available." We do not guarantee that the Services will be uninterrupted, error-free, or secure. We may modify, suspend, or discontinue any part of the Services at any time without notice.

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, arising from or related to your use of the Services — regardless of the legal theory.

Our total liability arising from these Terms or the Services will not exceed the greater of (a) the amount you paid us in the three (3) months preceding the event giving rise to liability, or (b) US$100.

Some jurisdictions do not allow exclusion of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold us harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Services, (b) your violation of these Terms, or (c) your violation of any third-party rights.

12. Termination

You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Sections that by their nature should survive (including payment obligations, indemnity, limitation of liability, and dispute resolution) will survive termination.

13. Governing law

These Terms are governed by the laws of the State of WA, USA, without regard to its conflict-of-laws principles.

14. Dispute resolution

14.1 Informal resolution

Before filing any claim, you agree to first contact us at redhun25@gmail.com and try to resolve the dispute informally for at least 30 days.

14.2 Binding arbitration

If we cannot resolve a dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by a recognized arbitration provider in WA. Arbitration is more informal than going to court; there is no judge or jury, and review is limited.

14.3 Class action waiver

You and we agree to bring claims only in our individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any class, collective, or representative proceeding.

14.4 Exceptions

This section does not prevent either of us from (a) bringing an individual claim in small-claims court, or (b) seeking injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights.

14.5 Opt out

You may opt out of arbitration within 30 days of first accepting these Terms by emailing redhun25@gmail.com with the subject line "Arbitration Opt-Out" and your full name and account email.

15. Changes to these Terms

We may update these Terms from time to time. When we do, we will post the updated version here with a new "Last updated" date. If we make material changes, we will provide notice by email or a banner on this site. Your continued use of the Services after the effective date means you accept the updated Terms.

16. Miscellaneous

• Entire agreement — these Terms (together with our Privacy Policy) are the entire agreement between you and us regarding the Services.
• Severability — if any part of these Terms is held invalid, the rest remains in effect.
• No waiver — our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment — you may not assign your rights under these Terms; we may assign ours.

17. Contact

Questions about these Terms? Email us at redhun25@gmail.com.