Caterbucks Terms of Use

  • 1. ACCEPTANCE OF
    THIS AGREEMENT
  • 2. DESCRIPTION AND LIMITATIONS
    OF OUR PLATFORM;
    FOOD PROVIDERS AND
    DELIVERERS ARE INDEPENDENT
  • 3. ELIGIBILITY
  • 4. ACCOUNT REGISTRATION
    AND USE
  • 5. INTELLECTUAL PROPERTY
    OWNERSHIP
  • 6. USER CONTENT AND
    SUBMISSIONS
  • 7. COMMUNICATIONS
  • 8. PAYMENTS
  • 9. LICENSE AND PROHIBITED
    CONDUCT
  • 10. LEGAL COMPLIANCE
  • 11. PRIVACY
  • 12. EXCLUSIONS AND LIMITATIONS
  • 13. WARRANTIES, DISCLAIMERS,
    AND LIMITATION OF LIABILITY
  • 14. INDEMNITY
  • 15. THIRD-PARTY LINKS AND
    SERVICES
  • 16. MODIFICATION AND
    TERMINATION
  • 17. NOTICE OF INTELLECTUAL
    PROPERTY INFRINGEMENT
  • 18. CHANGES TO THESE TERMS
  • 19. GENERAL TERMS
  • 20. CONTACT US
PLEASE NOTE THAT DISPUTES ABOUT THESE TERMS OF USE AND THE CATERBUCKS PLATFORM ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS, AS DETAILED BELOW.

1. ACCEPTANCE OF THIS AGREEMENT

These Terms of Use (the “Terms”) apply to the website www.caterbucks.com and all related mobile site(s) and mobile app(s) provided by Caterbucks (“Caterbucks,” “we,” “us,” or “our”), any other websites or mobile apps that link to these Terms, and all other services relating to your use of those websites and apps, such as our customer care services (collectively, our “Platform”). These Terms are a binding contract between you and Caterbucks. This means that if you access or 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, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations relating to your access and use of the Platform.

If you use the Platform on behalf of an entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity or organization, and that references to “you” and “your” in these Terms (except for in this sentence) refer to that entity or organization.

You also agree to any additional terms applicable to specific services and/or features that are a part of, or may be from time to time, 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.

2. DESCRIPTION AND LIMITATIONS OF OUR PLATFORM; FOOD PROVIDERS AND DELIVERERS ARE INDEPENDENT

We provide a technology platform and associated support services that make it easier for you to search, select and order food for pick-up or delivery.

We are not a caterer, restaurant, or other food preparer (each a “Food Provider”). The Food Providers available through our Platform are independent of Caterbucks and are subject to laws, rules, regulation, and standards regarding their businesses and services.

We also are not a delivery service and instead rely upon the Food Providers and other providers of delivery services to deliver food ordered through our Platform (each a “Deliverer”). Those Deliverers are independent of Caterbucks and are subject to laws, rules, regulations and standards regarding their businesses and services.

We do not verify, and are not responsible for, any Food Provider’s or Deliverer’s compliance with the laws, rules, regulations, and standards regarding their businesses and services. We do not assess or guarantee the quality or suitability of any Food Provider’s food, products, services, menus, descriptions or other disclosures or of any Deliverer’s services, and we are not responsible for any Food Provider’s or Deliverer’s acts or omissions.

You understand and agree that Caterbucks is not liable for any losses, damages, liabilities, lawyers’ fees, or other expenses caused by the acts or omissions of a Food Provider or Deliverer. That said, we strive to work with Food Providers and Deliverers that our customers value, so if you have any questions, comments, or concerns about a Food Provider or Deliverer, we encourage you to email us at support@caterbucks.com.

3. ELIGIBILITY

To use the Platform, you must be—and you represent and warrant that – (i) you are at least 18 years of age, (ii) neither you nor any organization on whose behalf you are using the Platform has been previously been banned or removed from the Platform, and (iii) you have the ability and authority to agree to these Terms.

4. ACCOUNT REGISTRATION AND USE

4.1 Account Registration and Confidentiality. You are required to create an account to use parts of the Platform. During the registration process for your account, you must provide us with your email address and a password (that together will serve as your login credentials) and you may be required to provide additional information, such as your name, phone number and/or a credit card number. You understand and agree that it is your responsibility to ensure that your password remains confidential and secure. You also agree to keep all of the information you provide us up-to-date.

4.2 Unauthorized Account Use. You are responsible for notifying us if you become aware of any unauthorized use of or access to your account. To notify us, please email us at support@caterbucks.com. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. By creating an account with us, you agree that you are fully responsible for all activities that occur under your login credentials and that we may assume that any communications we receive through your account have been made by you.

5. INTELLECTUAL PROPERTY OWNERSHIP

The Platform, and all materials contained in and on the Platform, including all intellectual property rights in the Platform, are the sole and exclusive property of us and our licensors. Except for the limited license expressly granted by us to you under these Terms, no other rights or licenses are granted to you under these Terms, either expressly, by implication or otherwise. All rights not expressly granted by us in these Terms are expressly reserved.

6. USER CONTENT AND SUBMISSIONS

6.1 User Content and Posts. The Platform may enable you to submit, post, upload, or otherwise make available (collectively, “Post”) content, such as reviews, photos, ratings, and other content such as comments, ideas, and other feedback (collectively, “User Content”). User Content may be viewable by other users and may include information about you.

6.2 Our License to User Content. When you Post User Content on or through the Platform (including ratings and reviews), you grant us a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform or display, create derivative works from, sell, lease, and transmit such User Content, in whole or in part, in any format or medium, including for promoting and redistributing part or all of the Platform in any media formats and through any media channels. Notwithstanding the foregoing, our use of your information shall be governed by the Caterbucks Privacy Policy.

6.3 User Content Representations. You acknowledge and agree that all User Content that you Post is your responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that we do not control, and are not responsible for, User Content, and that by using the Platform, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors or other errors. You agree that you will indemnify, defend, and hold harmless us for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

6.4 User Content Review and Use. You acknowledge and agree that we and our designees may, at our discretion, pre-screen User Content before its appearance on the Platform. However, we do not assume any obligation to pre-screen User Content. You further acknowledge and agree that we reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Content for any reason, in our sole discretion. You acknowledge and agree that we do not verify, adopt, ratify, 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.

6.5 Ratings and Reviews. When you Post a rating or review about a Food Provider or Deliverer, you shall ensure that (i) your rating or review is based on your first-hand experience with the Food Provider or Deliverer within the thirty (30) days prior to your rating or review; (ii) you do not have a proprietary or other affiliation with the Food Provider, Deliverer, or any of their competitors; (iii) you do not draw any legal conclusions regarding the Food Provider’s or Deliverer’s products, services, or conduct; and (iv) your review complies with these Terms. We may remove any rating or review if we determine, in our sole discretion, that it violates these Terms or diminishes the integrity of the ratings and reviews.

7. COMMUNICATIONS

You consent to accept and receive communications from us, including e-mail, calls, push notifications and text messages to the cellular telephone number you provide to us. These communications may be generated by automatic telephone dialing systems which may deliver prerecorded messages. You may opt-out of receiving certain communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Platform.

8. PAYMENTS

8.1 Payment Authorization. You authorize us or our third party payment processor 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 or our payment processor 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. We and our third party payment processor act as agents of the Food Provider in processing payments for purchases. Your obligation to the Food Provider for all amounts owed for your order will be deemed satisfied upon receipt by us or our payment processor of your payment amount (except for your obligations in the event of a chargeback or other payment reversal).

8.2 Cancellations; No Shows. If you cancel your order, you may be charged some or all of the amount of the order, depending on the policy of the Food Provider. On behalf of your Food Provider, we also reserve the right to charge you (or cause our third party payment processor to charge you) the full amount of the order, 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.

8.3 Refunds. Any payments you make are final and non-refundable.

8.4 Other Fees. We reserve the right to establish, remove, and/or revise fees, or other amounts for any or all services or features we provide through the Platform

8.5 Rewards Program. We currently offer the loyalty program where you can earn points for purchases of goods or services or other activities (the “Rewards Program”). In our discretion, we may also distribute points for other reasons from time to time. Points may be redeemed for certain non-cash rewards that we may offer from time to time, are non-transferrable, may not be resold, and are not redeemable for cash. You may review the terms and conditions of the Rewards Program in your Caterbucks account. You agree we may change the terms and conditions of the Rewards Program, terminate the Rewards Program, or expire, deduct, limit, or modify your Rewards Program points at any time for any reason, including in the event we determine or believe that your participation in the Rewards Program was in error, fraudulent, illegal, or otherwise in violation of these Terms.

8.6 Courtesy/Promotional Credits and Other Discounts, Promotions and Offers. From time to time, we may offer courtesy/promotional credits or other discounts, promotions or offers. Any courtesy/promotional credits that you receive may only be used to purchase goods or services, are non-transferrable and are not redeemable for cash. Other discounts, promotions or offers are also non-transferrable and are not redeemable for cash. We reserve the right to expire, limit, or modify any courtesy/promotional credits or other discounts, promotions or offers at any time. If your account is cancelled for any or no reason, you may forfeit any pending, current, or future credits and any other forms of unredeemed value in or associated with your account without prior notice to you.

9. LICENSE AND PROHIBITED CONDUCT

9.1 Your License. As long as you comply with these Terms and we have not otherwise revoked your right, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Platform only in a manner that complies with all legal requirements that apply to you or your use of the Platform, including the Caterbucks Privacy Policy and these Terms. We may revoke this license at any time, in our sole discretion, for any or no reason. Upon any such revocation, you must immediately cease all access and use of the Platform. In addition, at our request you must you will destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made in accordance with these Terms or otherwise.

9.2 Prohibited Uses. Use of the Platform for any illegal purpose—or for any other purpose not expressly permitted in these Terms—is strictly prohibited. Without limitation, you will not use the Platform to:

  • Post User Content that: (i) harasses, abuses, or threatens any other person, or that contains obscene content; (ii) is false, misleading, or inaccurate; (iii) degrades or discriminates against others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or any other classification; (iv) is indecent, offensive, harassing, violent, hateful, inflammatory, unlawful, harmful, tortious, defamatory, libelous, or invasive of another’s privacy; (v) promotes sexually explicit or pornographic material, violence, or any illegal acts; (vi) infringes the legal rights of any person or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms; or (vii) gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case;
  • Promote any commercial purpose, such as to benchmark or compile information for a product or service;
  • Copy, download (other than through page caching for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, “mirror,” duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Platform, by any means except as provided for in these Terms or with our prior written consent;
  • Scrape, access, monitor, index, frame, link, or copy any content or information by accessing the Platform in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Platform through a browser or accessing the Platform through any API provided or approved by us;
  • Breach the restrictions in any robot exclusion headers of the Platform, if any, or bypass or circumvent other measures employed to prevent or limit access to the Platform;
  • Advocate illegal activity or discuss illegal activities with the intent to commit them;
  • Engage in money laundering or any other fraudulent activity;
  • Make available any material that contains any software, device, instructions, computer code, files, programs, and/or other content or features designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any malicious code);
  • Do anything that could disable, overburden, or impair the proper working of the Platform;
  • Impede or otherwise prohibit communication or disrupt user discussion;
  • Post, utilize, or otherwise make available any other party’s intellectual property, unless you have the right to do so, or remove or alter any copyright, trademark, or other proprietary notice contained on the Platform;
  • Post any trade secrets or other confidential information, or any material that you do not have a right to make available under any law or contractual relationships;
  • Falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Impersonate any person or entity in a manner that does not constitute parody;
  • Solicit personal or sensitive information from other users;
  • Send spam, commercial electronic messages, or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Platform;
  • Violate, or facilitate violations of, these Terms, Caterbucks Privacy Policy, or any guidelines or policies posted by us; and/or
  • Interfere with any other party’s use and enjoyment of the Platform.

10. LEGAL COMPLIANCE

You acknowledge, consent, and agree that we may access, preserve, and disclose your information and/or any User Content you submit or make available for inclusion on the Platform, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or by our Privacy Policy.

11. PRIVACY

For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy, which is incorporated by reference into these Terms.

12. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as below in the section entitled “Warranties, Disclaimers, and Limitation of Liability.” Accordingly, some of the below limitations may not apply to you.

13. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY

13.1 Disclaimer of Warranties. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CATERBUCKS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CATERBUCKS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE PLATFORM, OR THAT YOUR USE OF THE PLATFORM WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE (INCLUDING THAT THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS).

CATERBUCKS DOES NOT ASSESS OR GUARANTEE THE QUALITY, SUITABILITY, LEGALITY, SAFETY OR ABILITY OF FOOD PROVIDERS, DELIVERERS OR OTHER THIRD-PARTY PROVIDERS. CATERBUCKS RELIES UPON FOOD PROVIDERS TO PROVIDE ACCURATE CALORIC, ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. CATERBUCKS RELIES UPON DELIVERERS TO PACKAGE, TRANSPORT AND DELIVERFOOD SAFELY AND IN ADHERENCE TO FOOD SAFETY CODES. IN ADDITION, CATERBUCKS 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, CALORIC, AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, DELIVERY AVAILABILITY OR DELIVERY AREAS, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, INFORMATION PROVIDED ON THE PLATFORM, AND ANY SERVICE OR PRODUCT REQUESTED THROUGH THE PLATFORM, INCLUDING FOOD PRODUCT AND DELIVERY SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

13.2 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL CATERBUCKS OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOSS OF PROFITS, DATA, USE, REVENUE OR REPUTATION OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE SERVICES PROVIDED ON OR THROUGH THE PLATFORM, YOUR INABILITY TO ACCESS OR USE THE PLATFORM, ANY CONTENT, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE PLATFORM, OR ANY LINK PROVIDED ON THE PLATFORM, WHETHER OR NOT CATERBUCKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE FOOD SERVICES YOU HAVE PURCHASED THROUGH THE PLATFORM TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A FOOD SERVICE, 1000.

13.3 Reasonability of Disclaimers and Limitations. YOU AND WE AGREE THAT THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS. YOU AND WE AGREE THAT THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THESE TERMS.

14. INDEMNITY

TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CATERBUCKS AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AND REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LAWYERS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF (i) YOUR USE OF THE PLATFORM; (ii) YOUR CONNECTION TO THE PLAFORM; (iii) YOUR VIOLATION OF THESE TERMS OR THE CATERBUCKS PRIVACY POLICY; (iv) YOUR VIOLATION OF AN APPLICABLE LAW; (v) YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO THE PLATFORM; AND/OR (vi) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

15. THIRD-PARTY LINKS AND SERVICES

The Platform may provide (i) information and content provided by third parties (for example, Food Providers); (ii) links to third-party websites or resources (for example, links to our or other’s social media pages); and (iii) third-party products and services for sale directly to you (for example, food prepared by Food Providers). Caterbucks is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (x) any content, advertising, products, or other materials on or available from such third parties; (y) any errors or omissions by such third parties; or (z) any information handling practices or other business practices of such third parties. You further acknowledge and agree that Caterbucks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third-party websites, products, services, or other resources. Your interactions with such third parties will be governed by the third parties’ own terms of service, privacy policy, and any other similar terms.

16. MODIFICATION AND TERMINATION

16.1 Modification of Platform. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Platform or any part thereof. We may do this with or without providing notice to you of the modification or discontinuance. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.

16.2 Termination. We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Platform at any time. If we terminate your right to access the Platform, these Terms will terminate, and all rights you have to access the Platform will immediately terminate. Even if these Terms terminate, certain provisions of these Terms will still apply post termination, including without limitation the “Mandatory Arbitration and Class Action Waiver” provisions. Termination of your account may also include, at our sole discretion, the deletion of your account and/or User Content. If we delete your account or User Content, you will not be able to retrieve any information related to your account except as required by applicable law.

17. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property of others and require you to do the same. For this reason, it is our policy to terminate the account of a user who is deemed to infringe third-party intellectual property rights and/or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Platform, please send a written notice to our Copyright Agent at the address below that includes all of the following information.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interests. For example, if you are the owner of a copyright, your notice to us must include your signature.
  2. A description of your copyrighted work or other intellectual property that you claim has been infringed. For example, this means that you could include a written description of the work you believe to be infringed or, for images, you could also copy-paste the image of the work you believe to be infringed into your notice to us.
  3. A description of where the material you claim is infringing is located on the Platform. For example, providing us with a website URL or screenshot of the relevant page of our mobile app is the quickest way to help us locate content quickly.
  4. Your address, telephone number, and email address.
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you made under penalty of perjury that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

18. CHANGES TO 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.

19. GENERAL TERMS

19.1 Force Majeure. Under no circumstances shall Caterbucks or its licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

19.2 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.

19.3 Severability. Each provision of these Terms operates separately. If any court or relevant authority decides that any provision is unlawful or unenforceable, the remaining provisions will remain in full force and effect.

19.4 Survival. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.

19.5 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.

19.6 Entire Agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Caterbucks, and take precedence over any prior agreements between you and Caterbucks relating to the Platform, except as expressly provided herein.

19.7 Assignment and Succession. You may not assign or delegate any rights or licenses granted to you by these Terms. Caterbucks may assign or delegate any rights or licenses granted to us by these Terms without restriction. These Terms bind and inure to the benefit of your and our successors and those to which you or we have assigned legal responsibilities.

19.8 Relationship Between You and Us. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. Put another way, Caterbucks is an independent contractor, and you agree that Caterbucks is not responsible for any information you convey, in any manner, and has no control over any actions you take or statements that you make.

19.9 Electronic Agreement. You agree that these Terms, and any other agreements made by and between you and us, in electronic form are as legally binding as if made in physical written form.

19.10 Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.

19.11 Notices. We may deliver notice to you by email, posting a notice on the Platform, or by any other method we choose. Any such notice will be effective when we send, post, or otherwise dispatch it.

20. CONTACT US

If you wish to contact us or have any questions about these Terms, please email us at legal@caterbucks.com.