Terms and Conditions
These Terms are effective as of June 13, 2023.
The information provided on the Website is not intended for use or distribution by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Website from other locations do so on their own volition and are solely responsible for compliance with local laws.
This Website is intended for users of at least age 18. The online services are not intended to be used by, or targeted to, anyone under the age of 18 years old. Persons under the age of 18 shall not be permitted to use or register for the Website.
Please read carefully and understand these Terms contain a dispute resolution and arbitration provision, including class action waiver that affects your rights under these terms and with respect to disputes you may have with Company. You may opt out of the binding individual arbitration and class action waiver as provided below.
OPTING OUT OF COMMUNICATIONS GENERALLY. You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the profile section of the online service that you use. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. While we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account.
PURCHASES AND PAYMENT INFORMATION. By using our Website and Services, you agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to keep all payment information updated and accurate, including but not limited to email addresses, payment methods, card expiration dates, and more. This ensures that we complete all transactions in a timely and efficient manner and allows us to contact you as needed.
Sales Tax shall be added to the price of purchases as deemed necessary in our sole and absolute discretion. We may change prices at any time. All payments shall be in U.S. Dollars. You agree to pay all charges at the prices in effect at the time of your purchase and any applicable shipping fees and taxes. You further authorize us to charge your chosen payment method for any such amounts upon placing your order. If your order is a recurring charge, you consent to us charging your payment method on a recurring basis without requiring prior approval for each recurring charge until such time as you cancel the applicable order. We reserve the right to correct errors or mistakes in pricing even if payment has been received or requested. We may, in our sole and absolute discretion, limit or cancel quantities purchased. We reserve the right to limit or prohibit orders that in our reasonable judgment appear to be placed by dealers, resellers, distributors, or other competitors.
PRODUCT ACCURACY. All products are displayed on the Website in a manner to accurately convey features, specifications, colors, and details of the products. However, we do not guarantee that the colors, features, specifications, and details of the products will be reliable, current, accurate, or free of other errors and your device displays and settings may not accurately reflect the colors and details of the products.
All products are subject to availability, and we cannot guarantee items will be in stock. We reserve the right to discontinue any products at any time for any reason in our sole and absolute discretion. Prices for all products are subject to change.
RETURN POLICY. We will not accept returns of any purchased items. If the quality of a purchased item has been compromised before use, we will work with you to find a reasonable solution, which may include replacement or refund.
INTELLECTUAL PROPERTY OWNERSHIP. All materials on this Website, including, without limitation, names, images, articles, columns, illustrations, artwork, code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics and the trademarks, service marks, logos, and other elements (collectively “Online Materials”) contained therein are protected by copyrights, trademarks, and other intellectual property rights owned and controlled by Company or by other parties that have licensed their material to Company.
Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, or otherwise modify the Online Materials, other than your own submissions.
The Online Materials are for your information and personal use only. You are granted a limited, nonexclusive, non-transferable and revocable license to access and use the Website to learn about our services and products, book appointments, or otherwise use the Website solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website and Online Materials.
TRADEMARK INFORMATION. Blue Plate Catering and any accompanying designs are trademarks of our Company. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Blue Plate Catering or its licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
PROHIBITED ACTIVITY. You shall not access or use the Website for any purpose other than your personal, non-commercial use. The Website may not be used in connection with any commercial endeavors except those that have been approved in writing by us. You further agree to refrain from using the Website to conduct any illegal or otherwise immoral activity, deemed by us in our sole and absolute discretion.
You shall not use the Website or Services in conducting any prohibited activities, including but not limited to: • Use the online services for any purpose that is unlawful or prohibited by these terms
- Delete or change any copyright, trademark, or other proprietary notices
- Attempt to obtain ownership or title to the online services, including the content
- Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner
- Retrieve data or other content from the Website to compile any database, compilation, or directory
- Attempt to defraud or mislead us, our employees, or other users
- Attempt to learn sensitive account information such as passwords, usernames, or other personally identifiable information
- Circumvent, disable, or otherwise interfere with any security features
- Disparage, tarnish, or otherwise harm us, our employees, any user, or the Website
- Submit false reports of abuse or misconduct or otherwise improperly use our support services
- Use any information obtained from the Website to harass, abuse, or harm any other person
- Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services
- Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; or (ii)listed on any U.S. Government list of prohibited or restricted parties
- Upload or attempt to upload, transmit, or disseminate viruses, trojan horses, spam, or other harmful digital material that interferes with any party’s use and enjoyment of the Website or modifies, impairs, disrupts, or otherwise interferes with the general use, features, functions, operation, or maintenance of the Website
- Engage in automated uses of the Website including but not limited to using scripts to send comments or messages, data mining, spiders, robots, screen scrapers, or offline readers or other data gathering and extraction tools
- Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, the Company network or any user accounts associated with the online services
- Impersonate or attempt to impersonate another user or person or use their information
- Copy or adapt the Website’s software or otherwise decipher, decompile, disassemble, or reverse engineer any of the software comprising in any way a part of the Website
- Use the Website to compete with us, advertise or offer to sell goods and services, or otherwise generate any revenue
USER SUBMISSIONS AND REVIEWS. Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to the Company through the online services (together, “submissions”). You understand that by submitting any information to the Company through the online services, you grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. The Company will not be required to treat any submissions as confidential.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, royalty-free, assignable license to reproduce, modify, translate, transmit, display, and/or distribute all content relating to reviews.
When posting a review, you agree to: (1) only discuss firsthand experience with the person, entity, or product being reviewed; (2) refrain from using profanity, abusive, racist, offensive, or hateful language; (3) refrain from containing discriminatory references to religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) refrain from referencing any illegal activity; (5) refrain from posting any negative reviews if you are affiliated with any competitor; and (6) refrain from posting false or misleading statements.
LINKS TO OTHER SITES. These Terms only apply to this Website and the services provided by our Company. The Website may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as advertisements, software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, and other content originating from third parties (collectively, “Third Party Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or services that is offered on or through any Third Party Site or Third Party Content. Neither the Company nor any other members of the Company system have any responsibility arising from or related to these third party services. Such third party sites and third party content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Website or any Third Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. If you leave the Website and access any Third Party Sites, or if you use or install any Third Party Content, you do so at your own risk and you should be aware that our Terms no longer govern. You hereby expressly agree to comply with any and all terms and conditions, users guides, and privacy policies of any Third Party Sites.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES OR THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH SITES AND RESOURCES.
EVENTS BEYOND OUR CONTROL. Neither the Company nor any other members of the Company system have any responsibility for the Company’s failure to perform any of its obligations under these terms caused by or related to any event beyond the Company’s reasonable control. If such an event occurs, then the Company’s obligations under these terms will be suspended for the duration of the event; and the Company may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.
DISCLAIMER. TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, COMPANY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY COMPANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
COMPANY OPERATES FROM THE UNITED STATES AND DOES NOT WARRANT OR REPRESENT THAT ITS WEBSITE OR ANY RESOURCES ARE APPROPRIATE FOR USE IN OR OTHERWISE COMPLY WITH THE LAWS OF ANY JURISDICTION OUTSIDE THE UNITED STATES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR USE OF THE WEBSITE IS LAWFUL IN ANY JURISDICTION IN WHICH YOU USE THE WEBSITE.
INDEMNIFICATION. BY USING THE WEBSITE YOU AGREE TO HEREBY FULLY AND COMPLETELY FOREVER RELEASE, ACQUIT, WAIVE, INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, COMPANY’S PAST, PRESENT, AND FUTURE OWNERS, PARENTS, SUBSIDIARIES, RELATED COMPANIES, AFFILIAITES, AND ITS AND THEIR RESPECTIVE PAST, PRESENT AND FUTURE, AS APPLICABLE, PREDECESSORS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, PARTNERS, PARTNERSHIPS, JOINT VENTURES, LICENSORS, LICENSEES, FRANCHISEES, AGENTS, EMPLOYEES, INSURERS, ATTORNEYS, REPRESENTATIVES, CONTRACTORS, GUARANTORS, AND ALL OTHER PERSONS ACTING BY, THROUGH, UNDER OR IN CONCERT WITH ANY OF THE FOREGOING, IN EACH CASE, IN THEIR INDIVIDUAL AND CORPORATE CAPACITIES (EACH OF FOREGOING A “RELEASED PARTY”) FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: (i) YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; (ii) YOUR VIOLATION OF THESE TERMS OF SERVICE OR ANY LAW; (iii) YOUR USE OF THIS WEBSITE IN VIOLATION OF THESE TERMS OF SERVICE; (iv) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; AND (v) ANY MISREPRESENTATION MADE BY YOU. YOU WILL COOPERATE AS REASONABLY REQUIRED IN THE RELEASED PARTIES’ DEFENSE OF ANY CLAIM. THE RELEASED PARTIES RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE.
WAIVER AND RELEASE OF LIABILITY. YOU AGREE TO WAIVE ALL CLAIMS ARISING OUT OF OR RELATING TO OUR SERVICES, INCLUDING BUT NOT LIMITED TO CLAIMS OF INJURY FROM ALLERGENS, BURNS, CHEMICAL BURNS, CUTS, AND INFECTIONS. THESE “SERVICES” INCLUDE BUT ARE NOT LIMITED TO CATERING SERVICES, FOOD DISTRIBUTION, AND FOOD PREPARATION. WE ARE NOT LIABLE FOR ANY ACTS BY YOURSELF OR THIRD PARTIES NOT AFFILIATED WITH US TO YOURSELF. ADDITIONALLY, ONCE OUR CATERING SERVICES HAVE BEEN COMPLETED, YOU FORFEIT ALL CLAIMS RELATED TO YOUR DISLIKE OR DISPLEASURE OF YOUR SERVICE OR QUALITY OF FOOD.
WAIVER OF CLASS ACTION. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
RESTRICTIONS ON EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMIATIONS MAY NOT APPLY TO YOU.
NON-WAIVER. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Services or Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
VIOLATIONS AND COMPLAINTS. Please report any violations of the Terms to email@example.com. If you are a copyright owner or an agent thereof and you believe that any content on the Website infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act to firstname.lastname@example.org.
GOVERNING LAW. Any dispute or claim arising out of or related to these Terms, including all revisions and amendments hereto, or the interpretation, making, performance, breach, or termination thereof, shall be governed by the laws of the State of Illinois without regard to any conflict or choice of law principles that would require application of the laws of another jurisdiction. Any dispute or claim arising out of or related to these Terms, including all revisions and amendments hereto shall be settled by binding arbitration in Chicago, Illinois under the American Arbitration Association Rules (the “Rules) by one arbitrator appointed in accordance with said Rules. The exclusive forum and venue for any action, including any small claims court action, arising from or relating to these Terms or your use of the Website and not subject to arbitration as provided in these Terms, will be the state or federal courts located in Chicago, Illinois.
SEVERABILITY. If any of these Terms are found to be invalid, illegal or unenforceable, the validity, legality, or enforceability of the remaining terms and provisions will not in any way be affected or impaired thereby.
INTERRUPTION OF SERVICE. From time to time, we may carry out system maintenance with or without prior warning. We will try our best to keep these maintenance windows to a minimum, but we are not responsible for any damages caused to you in relation to maintenance of this Website or any outages.
CHANGES. We reserve the right, from time to time, in our sole and absolute discretion, to change, modify, update, remove, revise, delete, discontinue or otherwise change any portion of the Website or these Terms, in whole or in part, at any time without further notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of products and services. For changes to these Terms that we deem material, we will provide notice on our Website of any changes or updates under a link reading “Updated Terms and Conditions” for a reasonable time. By continuing to access or use our Website after any update to the Terms, you consent and agree to be bound by the revised Terms. The most current version of these Terms will be available on the Website and will supersede all previous versions of these Terms.
TERMINATION. Without limiting any other provision of these Terms, we reserve the right to, in our sole and absolute discretion and without notice or liability, deny access to and use of the Website and the marketplace offerings, to any person for any reason or for no reason, including without limitation for breach of any representation or warranty contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Website and the marketplace offerings or delete your account and any content or information that you posted at any time.
CALIFORNIA USERS AND RESIDENTS. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
CONTACT. If you have any questions or concerns about these Terms, please contact email@example.com.
MISCELLANEOUS. On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all rights of the Company, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers.
Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
The Company may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if the Company agrees in writing.