CaterBid LLC Website Terms & Conditions
User Agreement between User and CaterBid LLC
Without limitation of any other provisions of this Agreement, you may not use this Site for any purpose that is unlawful or prohibited by this Agreement and/or any applicable additional law. Your access to the Site may be terminated immediately in CaterBid's sole discretion, with or without notice, if you fail to comply with any provision of this Agreement and/or applicable law, or for any other reason, or no reason.
General Terms and Conditions
You, the User, acknowledge that all content included on the Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are the intellectual property and copyrighted works of CaterBid and/or its third-party providers, including, without limitation, other Users that may provide services through the Site ("Providers"). Reproduction or storage of information or works retrieved from the Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, and/or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.
"CaterBid" and "caterbid.com" are service marks of CaterBid. Other product and company names identified on the Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of CaterBid or a third-party. The use on the Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through the Site, should not be construed as an endorsement or sponsorship of the Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through the Site.
CaterBid grants you a limited, non-transferable license to use this Site only in accordance with the terms and conditions of this User Agreement. Users may be interested in planning an event, party or affair (hereinafter "Event"), and wish to find a Provider. Users may post Event requirements and may also directly request a Provider(s) to post a bid for their Event requirements which may result in Providers posting bids for those Events, and Users may then select the bid that they feel is appropriate, or no bid at all. Users may post Event requirements on the Site and solicit bids from Providers within a specified time-frame for bidding. In connection therewith, Users agree to the following terms and restrictions:
(1) Prior to User's acceptance of Provider's bid for an Event, Provider may withdraw that bid at any time for reasons including, but not limited to, changes in Provider's availability for the Event date.
(2) Provider may not withdraw Provider's bid after User's acceptance thereof under any circumstances, except in the scenario described in subsection (4) of this section.
(3) User may accept Provider's existing bid at any time during the specified time-frame for bidding and for 24 hours after the specified time-frame for bidding has ended, at which time all bids will expire.
(4) Upon acceptance of Provider's bid, User must submit the deposit within the allocated time as prescribed on the Site to secure the Event date. If User fails to submit the deposit within the allotted time period, Provider may withdraw the bid without any obligation to User.
For each Event hired, all terms of the agreement between the User and the Provider shall apply between them, including, but not limited to the terms relating to payment and Event cancellation. For each Event hired, the User and the Provider must enter into a written agreement. Typically, the Provider will utilize its own agreement template, which may be subject to negotiation by and between the User and the Provider. However, if the Provider does not utilize its own agreement template, then the User and the Provider may utilize the template made available by CaterBid on the Site for that purpose. However, the information contained in CaterBid's template should not be construed as legal advice to be applied in any specific factual situation. You should not rely upon the information in CaterBid's template without first consulting an attorney with respect to your specific situation. Your use of CaterBid's template does not create an attorney-client relationship between you and CaterBid. Both the User and the Provider should review any and all agreements carefully to ensure that all relevant points have been adequately addressed to their specifications. CaterBid is not a party to the agreements between Users and Providers in connection with Events. All Provider bids are subject to prevailing sales tax where and when applicable. Provider bids do not include sales tax and service charges. All Events hired must be paid for in accordance with the bid amount and all agreements between the User and the Provider, in each instance. An initial deposit will be due and payable upon the User's agreement to accept a bid. All agreements between Clients and Providers shall comply with applicable laws, including, but not limited to those dealing with payment and Event cancellation. Except for this limited license, we do not grant you any other rights or licenses with respect to the Site. The Content and information on the Site, as well as the infrastructure used to provide such Content and information, is proprietary to CaterBid or its suppliers and Providers. Accordingly, as a condition of using the Site, you agree not to use the Site or its Content or information for any commercial or non-personal purpose, directly or indirectly, or for any purpose that is unlawful or prohibited by this Agreement. You agree to not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse-engineer, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Site. In addition, whether or not you have a commercial purpose, you agree to not:
- access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of CaterBid;
- violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
- take any action that imposes, or may impose, in the discretion of CaterBid, an unreasonable or disproportionately large load on the caterbid.com infrastructure; or
- deep-link to any portion of the Site for any purpose without express written permission of CaterBid;
- deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the Site, or any postings which advocate illegal activity;
- deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
- deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
- deliver or provide links to, any postings containing defamatory, false or libelous material;
- deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
- deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
- impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
- manipulate identifiers (including by forging headers) in order to disguise the origin of any posting that you deliver;
- use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other Users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
- attempt to gain unauthorized access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting personal information about others, including, without limitation, e-mail addresses.
Users that are not Providers may only use the Site to create and post legitimate events, make legitimate purchases or requests to purchase the products or services offered on the Site (each, a "Request") and shall not use the Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. Providers may only use the Site in accordance with these terms and conditions and any additional agreements entered into with CaterBid. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of the Site. You agree to provide correct and true information in connection with your use of the Site and you agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent Users will be prosecuted to the fullest extent of the law.
You may register to utilize the Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you may be asked to choose a security question. It is entirely your responsibility to maintain the confidentiality of your security question and your account. Additionally you are entirely responsible for any and all activities that occur under your account. You agree to notify CaterBid immediately of any unauthorized use of your account. CaterBid is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
All content, including software, products, services, information, agreement templates, text and related graphics contained within or available through the Site are provided to you on an "as is," "as available" basis. CaterBid makes no representations or warranties of any kind, either express or implied, as to the operation of the Site or the information, content or materials included on the Site. To the fullest extent permissible pursuant to applicable law, CaterBid disclaims all representations and warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third-parties. CaterBid does not warrant or make any representations that the Site will operate error-free or uninterrupted, that defects will be corrected, or that the Site and/or its servers will be free of viruses and/or other harmful components. CaterBid does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the Site for any purpose, including software, products, services, information, text and related graphics content.
CaterBid is not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections, interruptions, any computer virus or other technical defect, whether human or technical in nature.
Without limiting the foregoing, no warranty or guarantee is made: (i) regarding the acceptance of any request; (ii) that a User will receive the lowest available price for goods and/or services available through the Site; (iii) regarding the availability of products and/or services through the Site or, where applicable, at any Provider or participating third-party Provider; or (iv) regarding the results that may be obtained from the use of the Site.
Persons under the age of 18 are not eligible to use any services on our Site.
To the extent permitted by law, in no event shall CaterBid, including its officers, directors, employees, representatives, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Site and its contents (collectively the "Covered Parties"), be liable to any person or entity whatsoever for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Site or any information, software, products, services, and related graphics obtained through the Site; (vi) any transactions entered into through the Site; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the Site or any Site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Site, any delay or inability to use the Site, or any information, products, or services obtained through the Site. The limitations of liability herein shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if a Covered Party has been advised of the possibility of such damages. Further, to the extent permitted by law, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the Covered Parties' control including an "Act of God". No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority.
No Covered Party shall be responsible for any User's or Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a User or Provider (including, without limitation, any liability in tort), as to any products and/or services available through the Site. No Covered Party shall be responsible for any User's or Provider's failure to comply with this Agreement, nor for any User's or Provider's failure to comply with applicable federal, state, provincial and local law.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of the Site, User agrees the liability of any such party shall in no event exceed the total fees the User paid to CaterBid in the 12 months prior to the action giving rise to the liability or $100, whichever is greater. Some states or jurisdictions, to the extent their law might be deemed to apply, notwithstanding the selection of New York law as described below, do not allow the limitation of liability, so some of the foregoing limitations might not apply to you.
You agree to defend, indemnify and hold harmless CaterBid, its Covered Parties, affiliates, and/or Providers and any of their officers, directors, employees and agents (collectively, the "Indemnified Parties") from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees (collectively, "Claims"), brought: (i) by you or on behalf of you in excess of the liability described above, within the limits permitted by applicable law; or (ii) by third-parties as a result of:
- your breach of this Agreement
- your violation of any law or the rights of a third-party; or
- your use of the Site in violation of the terms and conditions set forth herein.
CaterBid does not endorse any Provider that may appear on the Site. Providers are independent contractors and CaterBid assumes no responsibility for their services or any injuries or legal issues that arise from your usage of such services. Providers are not employees of CaterBid. CaterBid is not a party to any agreement Users may enter into with one or more Providers. Accordingly, any agreement you may enter into with one or more Providers (including, but not limited to, your acceptance of a Provider's bid to provide products or services to you) is legally binding upon you, regardless of whether or not the Agreement between you and CaterBid has been cancelled. CaterBid does not intervene or otherwise act to resolve any dispute between Users and Providers. Resolution of disputes between Users and Providers must be solely handled by and between those individual parties. If you have a dispute with one or more Providers, you agree to defend, indemnify and hold harmless the Indemnified Parties from any and all Claims of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
If you use the Site to submit Requests for or on behalf of a third-party ("Third-party"), such as a family member, company you are employed by or represent, friend or any other person or firm you may have an association with, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all terms and conditions applicable to all products or services acquired through the Site, including all rules and restrictions applicable thereto. Each User using the Site for or on behalf of a Third-party agrees to indemnify and hold each Indemnified Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the User's failure to fulfill any of its obligations described herein. You are directly responsible for any Request submitted including for total charges and performance obligations.
If a dispute arises between you and CaterBid, you agree to resolve any claim or controversy at law or equity that arises out of this Agreement in accordance with one of the subsections below, to be chosen by CaterBid, in its sole discretion:
- You agree that any claim or dispute you may have against CaterBid must be resolved in accordance with New York law, exclusively by a state or federal court located in New York County, New York, except as otherwise agreed by the parties or as described in sub-section (b) below. You agree to submit to the personal jurisdiction of the courts located with New York County, New York for the purpose of litigating all such claims or disputes.
- You agree to CaterBid's election to resolve any claim or dispute you may have against CaterBid in a cost effective manner through binding arbitration that may be non-appearance-based. In the event CaterBid elects arbitration, the arbitration shall be conducted in New York County, New York, through an established dispute resolution provider, such as JAMS, the American Arbitration Association or other provider chosen by CaterBid in its sole discretion.
User Comments, Feedback, and Other Submissions
No guarantee is made that the status of your Request will be made available to you within the stated processing time, if any. None of the Covered Parties is responsible for any errors or delays in responding to a Request including, without limitation, error or delays in responding to a Request caused by an incorrect e-mail address or other data provided by you or other technical problems or any other reason whatsoever or no reason.
To the extent the Site contains links to outside services and resources, any concerns regarding such services or resources must be directed to the particular outside service or resource provider. CaterBid does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content uploaded, displayed, or distributed, or products or services available at such sites. If you choose to access any third-party Site, you do so at your own risk. The presence of a link to a third-party Site does not constitute or imply CaterBid's endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party Site.
CaterBid reserves the right, in its sole discretion, to modify, suspend, or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any applicable additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, CaterBid shall not be liable to you or any third-party for any termination of your access to the Site.
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on the Site or via e-mail. Our notices to you shall be deemed given immediately after e-mail is sent. Alternatively, we may give you legal notice by mail to the address provided by you to us.
Accessing materials on the Site by certain persons in certain countries may not be lawful, and CaterBid makes no representation that materials on the Site are appropriate or available for use in locations outside of the United States.
Unless otherwise expressly permitted, websites may not hyperlink to any page of the Site or frame the Site or any web page or material therein, nor may any party hyperlink any aspect of the Site in an e-mail for commercial purposes without first obtaining the express written permission of CaterBid.
The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement. This Agreement, including, without limitation, any agreement expressly incorporated herein, represents the entire agreement between you and CaterBid regarding the subject matter of this Agreement, and supersedes any prior statements, representations, or prior versions of the terms and conditions herein. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. We reserve the right to modify, revise or update this Agreement from time to time by updating the Site. Your continued use of the Site will be subject to the most recent version of this Agreement posted on the Site. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on the Site, which will be adequately brought to your attention. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. To the extent permitted by applicable law, the internal laws of the State of New York shall govern this Agreement and you consent and submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York, in all questions and controversies arising out of your use of the Site and this Agreement. To the extent permitted by applicable law, any claim or cause of action arising from or relating to your use of the Site and/or this Agreement must be brought within two (2) years from the date on which such claim or action arose or accrued.