(B) Changes to Terms of Service. When you access the Site, you agree to accept the Terms. Cater Hero reserves the right at our discretion to make changes to these Terms. Upon any change, CATER HERO will post the new or different Terms on our website under Terms and Conditions. You agree to accept electronic communications, links to and/or postings of any revised Terms and that such electronic communications, links and/or postings constitute notice to you of any new or different Terms. Your continued use of CATER HERO constitutes acceptance of the changes and an agreement to be bound by these Terms, as amended. If you do not agree to the changes, you have the right to discontinue your use of CATER HERO.
(C) Registration. In order to register or use CATER HERO, you must be at least 18 years old, a United States resident and legally capable to enter into contracts. You may only use CATER HERO for business or personal use. You must not use CATER HERO for commercial purposes not related to your business, restaurant or related food service business and must not resell or otherwise provide other persons with access to CATER HERO using your password or user name. The terms “you” and “user” refer to the person that uses CATER HERO, as well as all/any individuals that are employees, consultants or agents of the business using or registered with CATER HERO.
When using or accessing services offered through third party service providers, you will be subject to terms posted by the service providers. Use of their services, or acceptance of their terms of service, as the case may be, signifies your agreement to their terms and conditions of service.
(A) Free Service. CATER HERO's Site and services are currently free of charge to you, the user.
(B) Service Limitations. CATER HERO is unable to foresee or anticipate technical or other difficulties with CATER HERO. CATER HERO may contain errors, bugs, or other problems from time to time. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that, except as explicitly stated otherwise in these Terms, CATER HERO is provided “AS-IS”, without warranties of any kind. CATER HERO cannot assume responsibility for the timeliness, deletion, misdelivery, or failure to store any user data, communications, or personalization settings.
(C) Service Limitations and Changes. We reserve the right to change or discontinue, temporarily or permanently, CATER HERO at any time without notice. You agree that CATER HERO will not be liable to you or any third party for any modification or discontinuance of CATER HERO service. Although CATER HERO has released prior versions of CATER HERO service, it is under no obligation to continue to do so. CATER HERO reserves the right to alter features, licensing terms, or other characteristics of any version of beta services that it releases.
(D) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.
For the benefit and security of our users, and to comply with applicable laws, we have a few mandatory guidelines that we call “Rules of the Road”. Any conduct that violates the Rules of the Road is grounds for termination of your CATER HERO services account.
(1) Provide Accurate Information. You agree to provide true, accurate, current, and complete information about yourself and your accounts (both offline and those maintained at other web sites), as requested in CATER HERO’ profile creation and account setup process, and you agree to not misrepresent your identity or your account registration information. You agree to keep your registration and account information up-to-date and accurate. Failure to provide accurate and complete information during registration may prohibit the use of CATER HERO service or result in errors in processing any ticket requests. You also certify that any account you register with CATER HERO service is issued in your name and is an account that you are authorized to use. This registration information may your contact information, bank information, or credit card services. CATER HERO (including its service providers and agents) will have access to this information and use this information for providing CATER HERO service and accessing web sites and other web sites on your behalf. You agree that you will indemnify and and hold CATER HERO harmless from any harm or consequence of any kind that is a result of any errors in your account information.
(2) Customer Service Requests. If you request customer service assistance or report a problem with CATER HERO, it may be necessary for CATER HERO to access your account and view your account information. You consent to a customer service representative accessing your account information for any requests directed by you.
(3) Obey the Law. You agree not to use CATER HERO Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others) invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.
(4) Proprietary Rights. You acknowledge and agree that CATER HERO and/or its licensors or suppliers own all rights to this Site, the content displayed on the site and any intellectual or proprietary property and/or technology (in any form) made available to you as a part of or in conjunction with the CATER HERO service. You are only permitted to use any of the foregoing as expressly authorized by these Terms and otherwise by CATER HERO service. You must not copy, reproduce, distribute, or create derivative works from any content. Further, you agree not to reverse engineer or reverse compile any technology associated with CATER HERO service.
(5) At least 13 Years of Age or Older. CATER HERO is not intended for use by persons under the age of 13. If you are under 13, you may not use CATER HERO or download a mobile version of it, and you may not provide us with any of your personal details. CATER HERO will not knowingly collect any personal information of persons under 13.
(B) CATER HERO Revenues and Advertising. CATER HERO may rely on suppliers, vendors or advertisers to help fund CATER HERO service that we offer to our users. In order to continue our service with no charge, you agree that CATER HERO may display advertisements and promotions of all kinds in and with CATER HERO service. You understand that CATER HERO may have agreements with websites including revenue sharing from advertising or transactions, and new user bounties.
(C) Customer Service Efforts. If you request customer service or other assistance from CATER HERO, you acknowledge and agree that CATER HERO is authorized to access and view your pages and information to provide such assistance and support.
CATER HERO may be available through a compatible mobile device, including tablets and smart phones. Your use of CATER HERO may become subject to charges by your wireless carrier. CATER HERO assumes no responsibility for the payment of any messaging, data or content charges by your wireless carrier or any other party. You agree that you are solely responsible for these charges as well as any software requirements or updates required to access or use CATER HERO.
CATER HERO SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ALL STATUTORY OR OTHER WARRANTIES OR REPRSENTATIONS AS RELATES TO (a) AVAILAIBLITY OF YOUR WIRELESS SERVICE FROM YOUR WIRELESS CARRIER, UNINTERRUPTED ACCESS TO CATER HERO, OR TRANSMISSION OF DATA OR COMMUNICATIONS IN CONNECTION WITH CATER HERO, AND (b) ANY LOSS OR OTHER SECURITY BREACH OF THE WIRELESSS SERVICE.
CATER HERO is an online service that allows users to access information on Cater Hero, communicate with one another regarding its services, and to purchase 'Brainfood' to feed your office. CATER HERO may use data collected by the user to facilitate these services and/or to use for authorized third party providers. The terms and conditions in this section apply to your use of the CATER HERO Site.
(A) Third Party Accounts - Exclusion of Responsibilities. You understand that CATER HERO has no relationship to, affiliation, or connection with any third party sites available for use with CATER HERO service. CATER HERO service is not endorsed or sponsored by any such account providers. You agree that CATER HERO assumes no responsibility and shall incur no liability with respect to the acts, omissions, or determinations of any such third party site. You acknowledge and agree that CATER HERO may not maintain the same level of security against unauthorized access to your account information as the third party sites that you authorize CATER HERO to retrieve information on your behalf.
(B) Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF CATER HERO AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM CATER HERO IS AT YOUR SOLE RISK. CATER HERO IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CATER HERO AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO CATER HERO AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM CATER HERO, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CATER HERO IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA FROM ANY THIRD PARTY OR FOR ANY INTERRUPTIONS IN THE AVAILABILITY OF ANY SERVICE, WHETHER THE RESULT OF ACTIONS BY CATER HERO OR ANY THIRD PARTY. THE OFFICIAL LANGUAGE OF CATER HERO SERVICE IS ENGLISH; THEREFORE, LIMITED PROVISION OF PARTS OF CATER HERO SERVICE MAY BE TRANSLATED FOR YOUR CONVENIENCE ONLY. CATER HERO SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE CONTENT OF THE ANY TRANSLATION PAGES. CATEGORIZATION OF YOUR TRANSACTIONAL INFORMATION WITHIN CATER HERO IS ESTIMATION PROVIDED FOR YOUR INFORMATION ONLY, AND CATER HERO DISCLAIMS ALL WARRANTIES OF ACCURACY FOR ANY USE, INCLUDING WITHOUT LIMITATION, TAX DEDUCTION CATEGORIZATION. CATER HERO AND ITS LICENSORS MAKE NO WARRANTY THAT (I) CATER HERO SERVICE WILL MEET YOUR REQUIREMENTS, (II) CATER HERO WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CATER HERO WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH CATER HERO WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CATER HERO IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CATER HERO OR THROUGH CATER HERO WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.
(C) LIMITATION OF LIABILITY. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER CATER HERO NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, THIRD PARTY DEVELOPERS, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF CATER HERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN ONE OF THESE LOCATIONS.
(D) Indemnification. You agree to protect and fully compensate CATER HERO and its affiliates, subsidiaries, licensors, suppliers and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of CATER HERO, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. You also agree to hold CATER HERO harmless for any and all harm that may arise out of errors in the distribution and sale of food offered by CATER HERO.
(E) Service Fees and Additional Charges. Fees for use of CATER HERO are set forth on the Website and in these Terms and are subject to change. Any other fees associated with transactions by third party financial institutions, credit cards, and/or payment platforms will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
(F) Electronic Communications. These Terms and any notices or other communications regarding CATER HERO may be provided to you electronically, and you agree to receive communications from CATER HERO in electronic form, which may take the form of e-mail, text messages, or other mobile & electronic communications, and that standard messaging or data rates may apply. Electronic communications may be posted on CATER HERO web site and/or delivered to your registered e-mail address. All communications in electronic format will be considered to be in “writing”, and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you revoke your consent by notifying CATER HERO of your decision to do so. If you revoke your consent to receive communications electronically, CATER HERO may terminate your right to use CATER HERO. It is your responsibility to provide CATER HERO with true, accurate and complete e-mail addresses, contact and other information related to this disclosure and to maintain and update promptly any changes in this information. CATER HERO shall treat your provision of an invalid e-mail address or any subsequent problems of delivery to a previously valid e-mail address as a withdrawal of your consent to receive electronic communications. You may print a copy of any electronic communications and retain it for your records. CATER HERO reserves the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you notice thereof in accordance with applicable law.
(G) Amendment to Terms. We reserve the right at our discretion to make changes to these Terms. Upon any change, CATER HERO will notify you by electronic mail, or by a link to or posting of the new or different Terms. You agree to accept electronic communications, links to and/or postings of any revised Terms and that such electronic communications, links and/or postings constitute notice to you of any new or different Terms. If you continue to use CATER HERO thereafter, your continued use of CATER HERO constitutes acceptance of the changes and an agreement to be bound by these Terms, as amended. If you do not agree to the changes, you agree to discontinue your use of CATER HERO.
(H) Assignment. You may not assign these Terms to any other party. CATER HERO may assign these Terms to any future, directly or indirectly, affiliated company. CATER HERO may also assign or delegate certain of its rights and responsibilities under these Terms to independent contractors or other third parties.
(I) No Waiver. CATER HERO shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of CATER HERO. No delay or omission on the part of CATER HERO in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
(J) Exclusive Agreement. You agree that these Terms are the complete and exclusive statement of the agreement between you and CATER HERO with respect to CATER HERO, and these Terms supersede any proposal or prior agreement, oral or written, and any other communications between you and CATER HERO relating to the subject matter of these Terms. These Terms, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and CATER HERO.
The laws of the State of Delaware govern the interpretation and performance of these Terms.