Agreement between User and Cater My Jet, LLC.
Welcome to, an aviationcatering marketplace.
The www.catermyjet.com website (the "Site") iscomprised of various web pages and mobile applications operated by Cater MyJet, LLC ("Cater My Jet"). www.catermyjet.com is offered to youconditioned on your acceptance without modification of the terms, conditions,and notices contained herein (the "Terms"). Your use ofwww.catermyjet.com constitutes your agreement to all such Terms. Please readthese terms carefully, and keep a copy of them for your reference.
If you use this site, you are responsible for maintainingthe confidentiality of your account and password and for restricting access toyour computer, and you agree to accept responsibility for all activities thatoccur under your account or password.
You may not assign or otherwise transfer your account to anyother person or entity. You acknowledge that Cater My Jet is not responsiblefor third party access to your account that results from theft ormisappropriation of your account. Cater My Jet and its associates reserve theright to refuse or cancel service, change prices of their offerings, terminateaccounts, or remove or edit content in our sole discretion.
Cater My Jet does not knowingly collect, either online oroffline, personal information from persons under the age of thirteen. If youare under 18, you may use www.catermyjet.com only with permission of a parentor guardian.
Visiting www.catermyjet.com or sending emails to Cater MyJet constitutes electronic communications. You consent to receive electroniccommunications and you agree that all agreements, notices, disclosures andother communications that we provide to you electronically, via email and onthe Site, satisfy any legal requirement that such communications be in writing.
You may cancel your customeror catering company account on CaterMyJet.com at any time by writing to CaterMy Jet via e-mail - firstname.lastname@example.org
For orders made via thewebsite, all catering companies stipulate their individual refund andcancellation policy on the checkout page.
By using this site, you agreeto abide by all of the cancellation policies set forth by each individualcatering company. Please refer these cancellation policies for refundpolicies. If you have any questions, please contact the catering companydirectly. Their information is available on their profile page. If you have anytrouble, please contact us at email@example.com
Coupons and Discounts
Cater My Jet may communicate promotions to you via e-mail,which you will have to option to opt out of.
Cater My Jet is under no obligation to offer thesepromotions and may cancel them at any time.
Links to Third PartySites/Third Party Services
www.catermyjet.com may contain links to other websites("Linked Sites"). The Linked Sites are not under the control of CaterMy Jet and Cater My Jet is not responsible for the contents of any Linked Site,including without limitation any link contained in a Linked Site, or anychanges or updates to a Linked Site. Cater My Jet is providing these links toyou only as a convenience, and the inclusion of any link does not implyendorsement by Cater My Jet of the site or any association with its operators.
Certain services made available via www.catermyjet.com (e.g.payment processing and food delivery) are delivered by third party sites andorganizations. By using any product, service or functionality originating fromthe www.catermyjet.com domain, you hereby acknowledge and consent that Cater MyJet may share such information and data with any third party with whom Cater MyJet has a contractual relationship to provide the requested product, service orfunctionality on behalf of www.catermyjet.com users and customers.
Some jurisdictions permit the ordering anddelivery of alcoholic beverages, while other may not. In a jurisdiction wherealcohol consumption is permissible, if you place an order that includes anyalcoholic beverage, you acknowledge that you are at least 21 years of age orthe legal drinking age to consume alcohol in that such jurisdiction, whicheveris greater. Upon delivery or pickup, as applicable, you shall present agovernment-issued identification card, evidencing your legal age. If you do notcomply with these terms, you agree that the alcoholic beverage(s) will not bereleased to you, and you shall forfeit the cost of such beverages.
Third Party Accounts
You will be able to connect your Cater My Jet account tothird party accounts. By connecting your Cater My Jet account to your thirdparty account, you acknowledge and agree that you are consenting to thecontinuous release of information about you to others (in accordance with yourprivacy settings on those third party sites). If you do not want informationabout you to be shared in this manner, do not use this feature.
Any information from the Site you put on third partyaccounts (e.g. social media) remains the sole property of Cater My Jet.
Users outside of theUS
The Service is controlled, operated and administered byCater My Jet from our offices within the USA. If you access the Service from alocation outside the USA, you are responsible for compliance with all locallaws. You agree that you will not use the Cater My Jet Content accessed throughwww.catermyjet.com in any country or in any manner prohibited by any applicablelaws, restrictions or regulations.
In the event the parties are not able to resolve any disputebetween them arising out of or concerning these Terms and Conditions, or anyprovisions hereof, whether in contract, tort, or otherwise at law or in equityfor damages or any other relief, then such dispute shall be resolved only byfinal and binding arbitration pursuant to the Federal Arbitration Act,conducted by a single neutral arbitrator and administered by the AmericanArbitration Association, or a similar arbitration service selected by theparties, in a location mutually agreed upon by the parties. The arbitrator'saward shall be final, and judgment may be entered upon it in any court havingjurisdiction. In the event that any legal or equitable action, proceeding orarbitration arises out of or concerns these Terms and Conditions, theprevailing party shall be entitled to recover its costs and reasonableattorney's fees. The parties agree to arbitrate all disputes and claims inregards to these Terms and Conditions or any disputes arising as a result ofthese Terms and Conditions, whether directly or indirectly, including Tortclaims that are a result of these Terms and Conditions. The parties agree thatthe Federal Arbitration Act governs the interpretation and enforcement of thisprovision. The entire dispute, including the scope and enforceability of thisarbitration provision shall be determined by the Arbitrator. This arbitrationprovision shall survive the termination of these Terms and Conditions.
You agree to indemnify, defend and hold harmless Cater MyJet, its officers, directors, employees, agents and third parties, for anylosses, costs, liabilities and expenses (including reasonable attorney's fees)relating to or arising out of your use of or inability to use the Site orservices, any user postings made by you, your violation of any terms of thisAgreement or your violation of any rights of a third party, or your violationof any applicable laws, rules or regulations. Cater My Jet reserves the right,at its own cost, to assume the exclusive defense and control of any matterotherwise subject to indemnification by you, in which event you will fullycooperate with Cater My Jet in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will takeplace on an individual basis; class arbitrations andclass/representative/collective actions are not permitted. THE PARTIES AGREETHAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUALCAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATEATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and CaterMy Jet agree otherwise, the arbitrator may not consolidate more than oneperson's claims, and may not otherwise preside over any form of arepresentative or class proceeding.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATEDTO, THE CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELYRESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THEPRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCHPRODUCTS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALLCATER MY JET BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIALDAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME ORPROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES,OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TOTHE ACCESS TO OR USE OF THE SITES OR CONTENT (INCLUDING, BUT NOT LIMITED TO,USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR THEORDER, RECEIPT OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS(INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROMRELIANCE ON ANY INFORMATION OBTAINED FROM ANY CATER MY JET PARTY, OR FROMEVENTS BEYOND THE CATER MY JET PARTIES’ REASONABLE CONTROL, SUCH AS SITEINTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS,BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANYFAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE CATERMY JET PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OFACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLENEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLETHEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESAND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THEMAXIMUM AGGREGATE LIABILITY OF THE CATER MY JET PARTIES (JOINTLY) ARISING OUTOF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASEDFROM THE CATER MY JET MARKET EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B)THE ORDER, RECEIPT OR USE OF MEAL INGREDIENTS, OR ACCESS OR USE OF THE SITES ORCONTENT, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE ONE (1)MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THEFOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDERFAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE CATERMY JET’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORMOF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLENEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OREQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOURHEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBYRELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE CATER MY JET PARTIES FROM ANDAGAINST, AND COVENANT NOT TO SUE ANY SUCH CATER MY JET PARTY FOR, ALL CLAIMSYOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDERCALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TOCLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVORAT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVEMATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Cater My Jet reserves the right, in its sole discretion, toterminate your access to the Site and the related services or any portionthereof at any time, without notice. To the maximum extent permitted by law,this agreement is governed by the laws of the State of New Jersey and youhereby consent to the exclusive jurisdiction and venue of courts in New Jerseyin all disputes arising out of or relating to the use of the Site. Use of theSite is unauthorized in any jurisdiction that does not give effect to allprovisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, oragency relationship exists between you and Cater My Jet as a result of thisagreement or use of the Site. Cater My Jet's performance of this agreement issubject to existing laws and legal process, and nothing contained in thisagreement is in derogation of Cater My Jet's right to comply with governmental,court and law enforcement requests or requirements relating to your use of theSite or information provided to or gathered by Cater My Jet with respect tosuch use. If any part of this agreement is determined to be invalid orunenforceable pursuant to applicable law including, but not limited to, thewarranty disclaimers and liability limitations set forth above, then theinvalid or unenforceable provision will be deemed superseded by a valid,enforceable provision that most closely matches the intent of the originalprovision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreementconstitutes the entire agreement between the user and Cater My Jet with respectto the Site and it supersedes all prior or contemporaneous communications andproposals, whether electronic, oral or written, between the user and Cater MyJet with respect to the Site. A printed version of this agreement and of anynotice given in electronic form shall be admissible in judicial oradministrative proceedings based upon or relating to this agreement to the sameextent and subject to the same conditions as other business documents andrecords originally generated and maintained in printed form. It is the expresswish to the parties that this agreement and all related documents be written inEnglish.
Changes to Terms
Cater My Jet reserves the right, in its sole discretion, tochange the Terms under which www.catermyjet.com is offered. The most currentversion of the Terms will supersede all previous versions. Cater My Jetencourages you to periodically review the Terms to stay informed of ourupdates.
Cater My Jet welcomes your questions or comments regarding theTerms:
Cater My Jet LLC
78 John Miller Way
Kearny, New Jersey 07032
Effective as of October ___2018.