Last Modified: 2020-09-29 07:25:11
Last updated date April 7th, 2020
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CATERCURATOR, INC., (“CATERCURATOR,” “WE,” “US,” OR “OUR”).
SECTION O OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION O SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION O FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
A. Acceptance of Terms:
These Terms & Conditions (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the website www.catercurator.com (the "Site") and any related mobile or software applications including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "CaterCurator Platform"or “Platform”). These Terms are a binding contract between you and CaterCurator. This means that if you access/use our Platform, you acknowledge and agree that you (as well as any of your heirs or persons to whom you have assigned your legal rights) (collectively “you”) are telling us that you have read, understood, and agree to be bound by these Terms, that you are of legal age in the jurisdiction in which you reside to form a binding contract with CaterCurator (the “minimum age”) and you comply with all applicable laws and regulations relating to your access/use of this Platform.
If you use the Platform on behalf of another organization or company, you represent and warrant that you have the authority to bind that organization to these Terms. Your acceptance of the Terms will be deemed an acceptance by that organization or company. References to “you” and “your” in these Terms (except for in this paragraph) refer to that organization or company.
B. Additional Terms & Policies:
By using our Platform, you also agree to any additional terms applicable to specific services or features that are a part of, or may be in the future, made a part of, the Platform (collectively, the “Additional Terms”). Subject to applicable law, the Additional Terms are a part of these Terms and are expressly incorporated herein by this reference. If you do not agree to these Terms, you may not use the Platform.
C. Eligibility to use our Platform:
(i) You hereby represent and warrant that you are at least eighteen 18 years of age or above and are fully able and competent to understand and agree to the terms and conditions, affirmations, representations, and warranties mentioned in these Terms.
(ii) You are in compliance with all laws and regulations in the country in which you live when you access and use the Platform. You agree to use the Platform only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of other third parties.
D. Food Providers & Deliverers are Independant:
You understand and agree that CaterCurator provides a technology platform and supporting services connecting you with independent food service providers (“Food Providers”) and others that provide the products offered through the Platform like independent third-party contractors who provide delivery services (“Deliverers”). You acknowledge and agree that CaterCurator does not itself prepare food or offer delivery services, and has no responsibility or liability for the acts or omissions of any Food Provider or any Deliverer. We do not assess or guarantee the quality or suitability of any Food Provider’s food, menus, services and other products, descriptions or other disclosures or of any Deliverer’s services. CaterCurator is not the retailer of any products offered by Food Provider, nor is it in the delivery business or a common carrier. CaterCurator provides a technology platform facilitating the transmission of your orders to Food Providers for pickup or delivery by Deliverers.
We do not verify, and are not responsible for, the Food Provider’s or Deliverer’s compliance with the laws, rules and regulations regarding their services. You understand and agree that CaterCurator is not liable for any losses, damages, liabilities, lawyers’ fees, or any other expenses caused by the acts or omissions of a Food Provider or Deliverer. If you have any questions, comments, or concerns about a Food Provider or Deliverer, we encourage you to email us at firstname.lastname@example.org.
E. User Account:
You may be required to create an account to use parts of the Platform. You must provide accurate, current and complete information during the registration process and at all other times when you use the Platform. You also agree to keep all of the information you provide us up-to-date. You are the sole authorized user and fully accountable/responsible for any account you create through the Platform and for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. CaterCurator will not be liable for any losses, damages or liabilities from such unauthorized use of or access to your account. You may not authorize others to use your User Account, and you may not assign/transfer your User account to any other person or entity. Also, we may assume that any communications we receive through your account have been made by you. Should you suspect that any unauthorized party may be using your password or account, you will notify CaterCurator at email@example.com. You agree not to create an account or use the Platform if you have been previously removed by CaterCurator, or if you have been previously banned from use of the Platform.
F. User Content:
(i) User Content: CaterCurator may provide you with interactive opportunities through the Platform, including, by way of example, post, submit, upload, or otherwise make available (collectively "Post") content such as photos, reviews, ratings, comments, ideas, and other feedback (collectively, "User Content"). User Content may be viewable by other users and may include information about you.
(ii) User Content Representation: You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you Post through the Platform. You understand that CaterCurator does not control and is not responsible for User Content, and that by using the Platform, you may be exposed to User Content from other users that may be inaccurate, misleading, offensive, have typographical errors or otherwise objectionable. You agree that you will indemnify, defend, and hold CaterCurator harmless for all claims resulting from User Content you Post.
(iii) Our Licence to User Content: You hereby grant CaterCurator a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with CaterCurator’s business and in all forms now known or hereafter invented, without notification to and/or approval by you.
(iv) User Content Monitoring and Use: You agree that CaterCurator may monitor and/or delete your User Content (but do not assume the obligation) for any reason in CaterCurator’s sole discretion. CaterCurator may also access, read, store, and disclose any information as it may reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support queries, or (v) protect the rights, property or safety of CarterCurator, its users and the public. You acknowledge and agree that we do not verify, endorse or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of and reliance on User Content.
(v) Ratings & Reviews: When you Post a rating or review about a Food Provider or Deliverer, you shall ensure that (a) you will base any Rating or Review on first-hand experience with the Food Provider or Deliverer; (b) you will not provide a Rating or Review for any Food Provider or Deliverer for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (c) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Food Provider or Deliverer; and (d) your review will comply with the terms of this Agreement.
G. Intellectual Property Ownership:
CaterCurator alone (and its licensors, wherever applicable) shall own all rights, interest and title (including all related intellectual property rights) in and to the Platform. CaterCurator name, logo, and other product names associated with the Platform are trademarks of CaterCurator or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Platform, or any intellectual property rights owned by CaterCurator.
H. Communications with CaterCurator:
When you create an account with CaterCurator, you electronically consent to accept and receive communications from CaterCurator or other third parties providing services to CaterCurator including via email, text message, calls, and push notifications to the cellular telephone number you provided to CaterCurator. You understand and agree that you may receive communications generated by automatic telephone dialing systems which may deliver pre-recorded messages sent by or on behalf of CaterCurator, its affiliated companies, including but not limited to communications concerning orders placed through your account on the Platform. You may opt-out of receiving certain communications by following the unsubscribe options we provide to you.
CaterCurator or our service providers may send Text Messages to you to:
(a) Update you regarding your orders and other transactions with us
(b) Reply to your customer service requests and other queries about your use of our services and/or
(c) Provide you any information you requested from us.
Message and data rates may apply. You may be charged by your carrier or other application provider.
The frequency of Text Messages may vary depending on how you use our services (e.g. the amount of orders placed or received).
By consenting to receive Text Messages, you represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.
You may also opt-out of receiving text messages from CaterCurator by replying “STOP” from the mobile device receiving the messages or please email us at firstname.lastname@example.org.
By creating a CaterCurator account and/or agreeing to receive CaterCurator text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing CaterCurator at email@example.com with “Revoke Electronic Consent” in the subject line.
To view and retain a copy of this disclosure, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email CaterCurator at firstname.lastname@example.org with contact information and the address for delivery.
I. Payment Terms:
(i) Prices: You understand that: (a) the prices for menu items displayed through the Platform may differ from the prices offered or published by Food Providers for the same menu items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu items are sold; (b) CaterCurator has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) CaterCurator reserves the right to change such prices at any time, at its own discretion.
(ii) Payment Authorization: You authorize CaterCurator to charge all amounts owed for orders you place to the payment method you specify at the time of purchase. If you pay any amounts with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.
(iii) No Refunds: Charges paid by you for completed and delivered orders are final and non-refundable. CaterCurator has no obligation to provide refunds or credits, but may grant them, in each case in CaterCurator’s sole discretion.
(iv) Cancellations: If you cancel your order, you may be charged some or all of the amount of the order, depending on the policy of the individual Food Provider.
(v) No Shows: If you, or the person you designate, is not at the delivery location you specify when the order is delivered or if you fail to pick up a “take-out” or “pick-up” order from a Food Provider or Deliverer, we reserve the right to charge you the full order amount.
(vi) Other Fees: CaterCurator reserves the right to establish, remove, and/or revise fees, or other amounts for any or all services or features we provide through the Platform.
(vii) Promotional Offers, Credits & other Discounts: CaterCurator, at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (a) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (b) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by CaterCurator; (c) are subject to the specific terms that CaterCurator establishes for such promotional offer; (d) cannot be redeemed for cash or cash equivalent; and (e) are not valid for use after the date indicated in the offer. CaterCurator reserves the right to expire, limit, cancel or modify promotional offers, credits or other discounts at any time.
(viii) CuratorRewards Program: CaterCurator offers a “CuratorRewards” loyalty program to the Users where you can earn points for purchases of goods or services or other activities on the Platform. Points may also be distributed for other reasons from time to time, as per CaterCurator’s discretion. These points are non-transferrable, may be redeemed for certain non-cash rewards that may be offered, cannot be resold, and are not redeemable for cash. You may review the terms and conditions of the CuratorRewards in your account. You agree we may change the terms and conditions of the CuratorRewards, terminate, expire, deduct, limit, or modify your CuratorRewards points at any time for any reason, including in the event we determine or believe that your participation in the CuratorRewards was in error, fraudulent, illegal, or otherwise in violation of these Terms.
J. License and Conduct:
(ii) Conduct: By using the Platform, you agree that:
(a) You will only use the Platform for lawful purposes; you will not use the Platform for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, CaterCurator employees, or our community;
(b) You will not access the Platform using a third party's account/registration without the express consent of the account holder and not attempt to impersonate another user or person;
(c) You will not use the Platform for any commercial or other purposes that are not expressly permitted by this Agreement or in a manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with us;
(d) You will not harass, annoy, intimidate, or threaten any CaterCurator employees, contractors, or third-parties engaged in providing any portion of our services;
(e) You will not avoid, remove, deactivate, impair, or attempt, through any means, to circumvent any technological measure implemented by CaterCurator to protect the Platform, or otherwise attempt to gain unauthorized access to any part of the Platform, other Account, computer system, and/or network connected to any CaterCurator server;
(f) You will only use the Platform in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;
(g) You will not advertise to, or solicit, any User, Food Provider, or other business to buy or sell any products or services, or use any information obtained from the Platform to contact, solicit, or advertise or sell to any User, Food Provider, or other business, in each case, unless specifically authorized in writing by CaterCurator;
(h) You will not compile, directly or indirectly, any content displayed through the Platform except for your personal, noncommercial use;
(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request;
(j) You will not conduct any scraping, indexing, surveying, data mining, or any other kind of systematic retrieval of data or other content from the Platform;
(k) You will not deep-link or frame the Platform and/or access the Platform manually and/or with any robot, spider, web crawler, extraction software, automated process, and/or device or other means to scrape, copy, and/or monitor any portion of the Platform and/or other content on the Platform, unless specifically authorized in by CaterCurator;
(l) You will not use the Platform in any manner that could damage, disable, overburden, and/or impair the Platform, any CaterCurator server, or the network(s) connected to any CaterCurator server, and/or interfere with any other party's use and enjoyment of the Platform;
(m) You will to create Food Provider’s reviews or feedback or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Platform;
(n) You will not copy, publish, or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
(o) You will not disrupt, interfere, or otherwise harm or violate the security of the Platform, system resources, accounts, passwords, servers or networks connected to or accessible through the Platform or affiliated or linked sites (including, without limitation, those of our Food Providers);
(p) You will not rent, lease, redistribute, sell, sublicense, decompile, reverse engineer, disassemble, or otherwise reduce the Platform, in whole or in part, to a human-perceivable form for any purpose, including, without limitation, to build a product and/or service competitive with the Platform; and
(q) You will not engage in any criminal or tortious activity, including, without limitation, fraud, spamming (including, without limitation, by email or instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or otherwise deleting the copyright or other proprietary rights notice from any of User Content (as defined above) or from any portion of the Platform.
CaterCurator reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CaterCurator in asserting any available defenses.
L. Third Party Services:
M. Termination & Modification:
Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. Further, CaterCurator reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform and/or any services offered on or through the Platform (or any part thereof), including but not limited to the Platform's features, look and feel, and functional elements and related services. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. In addition to suspending or terminating your access to the Platform, CaterCurator reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Platform is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
N. Copyright Infringement:
CaterCurator respects the intellectual property of others, and we ask all of our users to do the same. It is CaterCurator’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to CaterCurator by the copyright owner or the copyright owner’s legal agent. If you believe that your copyrighted work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, please provide CaterCurator with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. §512(“DMCA”) and other applicable law:
(i) A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
(ii) Identification of the copyrighted work(s) claimed to have been infringed;
(iii) A description of the location on the Platform of the material that you claim is infringing;
(iv) Your address, telephone number, and email address;
(v) A statement by you that you have a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner or its agent, or is not otherwise permitted under the law; and
(vi) A statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner of the work that allegedly has been infringed.
Please send this notification at:
Attention: Copyright Agent,
Suite 537, 8815 Conroy Windermere Rd.
Orlando, FL 32835
Please note that this procedure is exclusively for notifying CaterCurator and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with CaterCurator’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Also, pursuant to 17 U.S.C. § 512(c), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
O. Arbitration Agreement:
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CATERCURATOR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION O OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
(i) Scope: You agree that any dispute or claim relating in any way to your access or use of the Platform as a User, to any advertising or marketing communications regarding CaterCurator or the Platform, to any products or services sold or distributed through the Platform that you received as a User of the Platform, or to any aspect of your relationship or transactions with CaterCurator as a User of our Platform will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (b) you or CaterCurator may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). Any and all disputes may include, but are not limited to (1) claims arising out of or relating to any aspect of the relationship between you and Catercurator, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and (3) claims that may arise after the termination of these Terms.
CASES FILED AND MAY BE FILED IN THE FUTURE AGAINST CATERCURATOR—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.
IF YOU AGREE TO ARBITRATION WITH CATERCURATOR, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
(ii) Rules and Forum: This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. If you have any dispute with us, you agree that you will try to resolve your dispute directly with us before taking any formal action, by contacting us at the address or email address set forth in the “Contact Us” section below. When you contact us, you must provide a brief, written description of the dispute and your contact information. If you have an account with us, you must include the email address associated with your account. Except for intellectual property and small claims court claims, you and CaterCurator agree to use good faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation with each other. You and CaterCurator agree to engage in good faith discussions before initiating a lawsuit or arbitration and understand that good faith discussions are a precondition of initiating a lawsuit or arbitration.
If the parties do not reach an agreed-upon solution within a period of sixty days from the time informal dispute resolution is initiated, then either party may initiate binding arbitration as the sole means to resolve claims (except for intellectual property and small claims court claims), as long as the party agrees with the terms set forth. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS most current version of the Streamlined Arbitration Rules and procedures; all other claims shall be subject to JAMS most current version of the Comprehensive Arbitration Rules and Procedures. JAMS’s rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS rules. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, CaterCurator will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, CaterCurator will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If you are a resident of the United States, arbitration will take place in the orange county, Florida, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Orange County, Florida, United States, and you and Catercurator agree to submit to the personal jurisdiction of any federal or state court in Orange County, Florida in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
(iii) Powers: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and CaterCurator. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and CaterCurator.
(iv) Waiver of Jury Trial: YOU AND CATERCURATOR WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the CaterCurator are instead electing to have claims and disputes resolved by arbitration (except for intellectual property and small claims court claims). There is no judge or jury in arbitration, and court review of an arbitration award is limited.
(v) Waiver of Class or Consolidated Actions: YOU AND CATERCURATOR AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor CaterCurator is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth under the “Exclusive Venue” section (P).
(vi) 30-Day Right to Opt Out: You may opt out of this Arbitration Agreement. If you do so, neither you nor CaterCurator can force the other to arbitrate as a result of this Agreement. To opt out, you must notify CaterCurator in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your CaterCurator username (if any), the email address you used to set up your CaterCurator account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: email@example.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND CATERCURATOR RELATING TO YOUR WORK AS AN EMPLOYEE, THIRD-PARTY OR INDEPENDENT SERVICE PROVIDER, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT AGREEMENT GOVERNING YOUR SERVICES.
(vii) Modifications: Notwithstanding any provision in the Agreement to the contrary, we agree that if CaterCurator makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to CaterCurator.
(vii) Survival: This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Platform.
P. Exclusive Venue:
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and CaterCurator agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in San Francisco County if you are a California citizen or resident, and in the United States District Court for the District in which you reside if you are not a California citizen or resident.
Q. Disclaimer of Warranties & Limitation of Liability:
(i) Disclaimer of Warranties: THE PLATFORM IS PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CATERCURATOR DISCLAIMS, THE PLATFORM, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADDITIONALLY, CATERCURATOR DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE PLATFORM IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. CATERCURATOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SAFETY, QUALITY, AND/OR TIMING OF A DELIVERY ORDERED ON THE PLATFORM, AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. YOU (AND NOT CATERCURATOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE PLATFORM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
CATERCURATOR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CATERCURATOR’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. CATERCURATOR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
CATERCURATOR RELIES UPON FOOD PROVIDERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. CATERCURATOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION.
(ii) Limitation of Liability: TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL CATERCURATOR OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF CATERCURATOR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR OTHER ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE PLATFORM OR BY CATERCURATOR. CATERCURATOR ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE PLATFORM. CATERCURATOR ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE PLATFORM, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS PLATFORM, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL CATERCURATOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR TORT EXCEED (A) AMOUNT PAID BY YOU FOR THE FOOD SERVICES YOU HAVE PURCHASED THROUGH THE PLATFORM TO WHICH THE CLAIM RELATES, IF ANY, OR (B) IF THE CLAIM DOES NOT RELATE TO A FOOD SERVICE, $100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW.
YOU AND CATERCURATOR AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND CATERCURATOR AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
California Waiver: If you are a California resident, you hereby waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release includes the criminal acts of others.
S. Legal Compliance:
T. Modification of these Terms:
We may revise these Terms at any time. If we revise these Terms, we will give you notice of any revisions in accordance with legal requirements. If you do not agree to, or cannot comply with, any modified Terms, you must stop using the Platform. Your continued use of the Platform after any such update constitutes your binding acceptance of such changes. The Terms were most recently updated on the last modified date at the top of this document.
U. Controlling Law:
These Terms shall be construed in accordance with and governed by the laws of Florida consistent with the Federal Arbitration Act, notwithstanding its conflicts of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and we agree that the dispute must be initiated and conducted exclusively in the state or federal courts of Orange County, Florida, and you and we consent to the exclusive jurisdiction of such courts.
V. General Terms:
(i) No joint venture, partnership, employment, or agency relationship exists between you, CaterCurator or any third party provider as a result of this Agreement or use of the Platform.
(ii) Severability: Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
(iii) Waiver: If we fail to insist that you perform any obligations under these Terms, that will not mean that you do not have to comply with your obligations. If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.
(iv) Survival of Terms: Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
(v) Transfer and Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CaterCurator without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.
(vi) Entire Agreement: This Agreement is the final, complete and exclusive agreement between you and CaterCurator with respect to the subject matter hereof and supersedes and merges all prior discussions between you and CaterCurator with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and CaterCurator relating to your work as an employee or independent third-party service provider.
(vii) Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. This means that unless we say otherwise in these Terms, no one other than you can benefit from the contract set forth between you and us in these Terms.
(viii) U.S. Government Users: If you are using the Platform for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers.
(ix) Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.
(x) Electronic Communications: For contractual purposes, you (1) consent to receive communications from CaterCurator in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CaterCurator provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This subparagraph does not affect your statutory rights.
(xi) Notices: Where CaterCurator requires that you provide an email address, you are responsible for providing your most current email address. In the event that the last e-mail address you provided is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, CaterCurator’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. If you give notice to us, it will be effective when we receive it by mail at the address set forth in “Contact Us” Section (W) below.
W. Contact Us:
If you have any questions or wish to contact us about these Terms, please email us at firstname.lastname@example.org. You may also contact us by mail at:
8815 Conroy Windermere Rd.
Orlando, FL 32835
If you are a California resident, in accordance with California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd, Suite N 112 Sacramento, CA 95834 or on call at (800) 952-5210 or (916) 445-1254.