With the Kater app, food trucks are in the palm of your hand. Locate nearby food trucks and experience the authentic and innovative creations of local chefs.
View illustrative menus of all the food trucks in your area. Select one that makes your mouth water and pay through the app.
Order for pickup and skip the line or Book catering for an event.
Discover all the options with the easy to use design.
Make an online order ahead of time and skip the line.
Enjoy the food made by local chefs with a pasion to create.
Grow your business with Kater.
“Had a huge party for my dad's 80th birthday and needed catering that appealed to his roots back in Venezuela. We found a Venezuelan chef who had recently moved to the US and her food was amazing. I will be returning to get more authentic food for the next party.”
“I go to the same food truck on Monday nights after work for my favorite jerk chicken. Sometimes I wait 30 minutes to wait in line then wait for the food. I tried ordering ahead through the app and was able to show up to the truck and have my food waiting for me. It was awesome!”
“For our yearly ofice summer party I decided to go with a local chef from Kater instead of the chain Chipotle catering. The experience we had was wonderful, the food was exciting and we enjoyed trying different flavors. Looking forward to our next food truck party.”
Increase sales and marketing channels, Access to thousands of new customers, Reliable partners with support available 24/7
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Updated March 15th 2017
This Privacy Statement explains how Kater Technologies LLC. (“Kater,” “we,” “us,” or “our”) handles your personal information when you visit or use www.eatkater.com (the “Site”), the Kater mobile application, and any other website or mobile application that links to this Privacy Statement (collectively, the “Services”).
Please review this Privacy Statement carefully. By using our Services you consent to the use and sharing of your personal information as described in this Privacy Statement. If you do not agree with these practices, please do not use the Services, or otherwise provide us with your personal information.
Your access to and use of our Services are subject to our Terms and Conditions, which define some of the terms used throughout this Privacy Statement. A separate Privacy Statement defines our collection and use of information for our Food Services and Kater Clients.
Collection of Information
When you use our Services, Kater may collect personal information to help you place and receive orders and related services.
Information You Provide Directly
You may provide information to us when you use our Services, including when you register with Kater, search within or place orders through our Services, contact us with inquiries, respond to surveys, or otherwise access our Services. This information may include your name, email address, phone number, delivery address, and payment information, including credit card information and billing address used to complete the purchase transaction, and other information that may identify you. When you place an order through our Services we collect information related to that order, including the products or services purchased, and the date and time of the purchase and delivery. You may also choose to provide ratings for your the Food Service Provider you have ordered from.
Information We Collect Automatically
We also may receive and store certain information about you and your device(s) automatically when you access or use our Site and Services. This information may include:
· Information related to the device you use to access our Services;
· The type of web browser and operating system you use to access our Services;
· Your IP address;
· The domain name of your Internet service provider;
· The specific Kater pages you visit, content you view, features you use and the date and time of your visits; and
· Your search terms, the website you visited before you came to our Services, and other clickstream data.
Use of Information
We may use the information we collect or receive about you to:
· Connect your orders to a vendor and complete your deliveries;
· Complete your purchase transactions;
· Contact you in connection with your orders and deliveries;
· Contact you with promotional offerings or other communications that may be of interest to you;
· Respond to your questions and assist with problems with our Services;
· Personalize the content and features you see when you visit our Services;
· Serve advertisements tailored to your interests;
· Improve the content and functionality of our Services;
· Help the Food Service Providers on our platform improve their offerings;
· Better understand our users’ demographics, interests and behaviors;
· Enhance other information we have about you to help us better understand you and determine your interests;
· Provide recommendations to you;
· Manage our everyday business needs, such as auditing, administration of our Services, forum management, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Service, or to comply with the law;
· Calculate the total number of visitors to our Services and to each page or feature of our Services.
We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.
Any communication or material you transmit to us via e-mail or otherwise, including any data, questions, comments, suggestions or the like, but not including your personal information and any requests, comments or concerns regarding your personal information, will be treated as non-confidential and nonproprietary.
When you use the Services, we may collect precise location data about the progress of your order from the Kater app used by the vendors. If you permit the Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser, we may also collect the precise location of your device when the Kater app is running in the foreground or background of your device while we are processing your order. We may also derive your approximate location from your IP address. We use your location information to provide more accurate deliveries of your orders. You can choose whether to enable the location tracking feature through the settings on your device or Platform or when prompted by the Kater mobile app. If you choose to disable the location feature, the Food Providers will not receive precise location information from your device, which may compromise the accuracy of our services in some situations, for instance, if you are located in a large area, such as a park.
Sharing with Third Parties
To help us run our business, we may share your information, including your contact information, ratings, other information you provide directly, and information collected automatically, with entities that provide services to us, including third parties that provide payment processing, advertising services, web analytics, data processing, IT services, customer support and other services. To help provide you with a high quality delivery we also may share your information, including your personal information, with the independent contractor vendors, who complete your requested deliveries. Similarly, we may share your name, phone number, order information, customer feedback and other information related to your orders with Kater’s Food Service Providers. We may also disclose aggregate, anonymous information to these third party service providers.
When Required By Law
We recognize that information related to your orders could contain private information. However, we may be required to disclose your information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of users of our Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity.
In the event of sale, transfer, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction.
Accessing and Correcting Your Personal Information
Keeping your personal information current helps ensure that we provide you with the most relevant offers. You can access and update your personal information via your Account profile. While we are ready to assist you in managing your subscriptions, deactivating your account, and removing your active profile and data, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases through our Services for financial reporting and compliance reasons. In addition, because of the way we maintain certain services, after you delete certain information, we may temporarily retain backup copies of such information before it is permanently deleted.
We will retain your personal information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Kater Technologies may retain aggregate or anonymized data indefinitely.
Third Party Sites
By becoming a User, you expressly consent and agree to accept and receive communications from us and/or trucks that you transact with, including via email, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by the Company, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of the Company, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your User account or use of the Kater Application or Services, updates concerning new and existing features of the Kater Application, communications concerning promotions run by us or third party Dispensaries, and news concerning the Company and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Kater Application or the Service. However, you acknowledge that opting out of receiving text messages or other communications may impact your use of the Kater Application or the Service.
By submitting my phone number, you agree to receive a link to the app via an SMS sent to your mobile phone, which you understand may be sent using an autodialer. Before submitting request, verify the accuracy of your number. Text and data rates may apply. The app download is free.
You may choose to enable or log in to our Services via various online services, including social networking services like Facebook. Our Services also may enable you to access social networking services such as Facebook, Twitter, or Instagram (collectively, “Social Network”) directly or indirectly through our Services.
When you link a Social Network account to Kater or log into our Services using your Social Network account, we may collect relevant information necessary to enable our Services to access that Social Network and your data contained within that Social Network. We also may share your information with the operator of that Social Network to facilitate or enhance delivery of that Social Network or other services to you. A Social Network may provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with this Privacy Statement. Additionally, a Social Network may collect personal information and information about your use of our Site or Services automatically. The manner in which a Social Network collects, uses, stores, and discloses your information is governed by the policies of such third parties and Kater shall have no liability or responsibility for the privacy practices or other actions of any Social Network that may be enabled within our Services.
You may also have the option of posting your activities on our Services and other content to a Social Network when you access content through our Services. For example, you may post to Facebook that you placed an order with Kater. Keep in mind that your activity on a Social Network is governed by that Social Network and not by Kater, and may be visible or accessible to the public.
If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to “opt-out” of receiving future marketing or other communications.
You may also contact us at firstname.lastname@example.org to access, modify or request deletion of your personal information.
Our Services are not intended for children under 13 years of age and we do not knowingly collect personal information from children under the age of 13. A parent or guardian of a child under age 13 may review and request deletion of the child’s personal information.
Kater allows users to invite friends to sign up for our Services by submitting a friend’s name and email address to Kater. Sometimes we offer a promotional value for every friend that signs up and places an order through your referral link. By choosing to invite a friend you represent that you have received the friend’s consent to provide his or her name and email address to us. Kater will use that information to send an email inviting him or her to visit the site and will store that information to track the success of the referral program.
Kater is based in the United States and, regardless of where you use our Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.
Kater has implemented commercially reasonable administrative, technical, and physical security controls that are designed to safeguard personal information. However, no online activity is ever fully secure or error-free. Therefore,Kater does not guarantee that your personal information is absolutely secure. Please keep this in mind when disclosing any personal information or other information to Kater.
You are responsible for safeguarding your username and password.
Changes to This Privacy Statement
Our Services may change from time to time. As a result, we reserve the right to update or modify this Privacy Statement at any time and from time to time without prior notice. If we make any material changes to the way we use or disclose your personal information, we will notify you by email, at the email address you have provided to us. If you object to any changes you must cease using our Services. Please review this Privacy Statement periodically by visiting this web page. This Privacy Statement was last updated on the date indicated at the top of this page. Your continued use of our Services after any changes or revisions to this Privacy Statement indicates your agreement to the terms of the revised Privacy Statement.
Updated and effective March15th, 2017
The food vendors available on our Sites operate independently and have entered into agreements with us to provide the food and delivery services available to you on the Sites. The food vendors are required to comply with federal, state and local laws, rules, regulations, and standards pertaining to the preparation, sale and marketing of food, including food preparation and safety and menu disclosure; Kater is not responsible for the food vendors' food preparation or safety and does not verify any food vendor's compliance with applicable laws. In addition, Kater does not guarantee the quality of what the food vendors sell, nor does it guarantee the services provided by the food vendor, including in those cases where the food vendor provides the delivery services. In addition, Kater does not independently verify representations made by food vendorsregarding their food, including without limitation any menu- or or disclosures.
Some deliveries are provided by Kater’s network of independent delivery service providers ("DSPs"). DSPs have entered into agreements with Kater, which require DSPs to comply with all applicable federal, state and local laws, rules and regulations, including without limitation traffic laws, requirements of the applicable Department of Motor Vehicle, and applicable insurance requirements. Kater shall not be liable or responsible for any delivery services provided by DSPs or any errors or misrepresentations made by them.
If you create an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not publish any material in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and theKater App may change or remove any material that it considers inappropriate or unlawful, or otherwise likely to cause the Kater App liability. You must immediately notify Kater App of any unauthorized uses of your account or any other breaches of security.The Kater App will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Registering as food truck owner
If you register yourself as Food Truck owner but do not really have a food truck or register a fake food truck, which does not exist than it is a serious violation of use of this app and may e reported to law enforcement agency for fraud and to protect consumers. User, registered as food truck owner is fully legally responsible for accurate information, its food, information provided about food, and its consumer. Kater app is not responsible for any information, accidents, consumer behavior, food related issues such as diseases, allergies or any known or unknown facts about food.
Registering a fake or fraudulent food truck through this App shall be a violation of this agreement. Kater retains the right to cancel the account, ban all further posts or accounts by the fraudulent user, and to report such actions to the appropriate law enforcement agencies.
Users who register a food truck on the App, or related websites, are responsible for the accuracy of all information posted. Kater is not responsible for any information, accidents, consumer behavior, food related issues such as diseases, allergies or any known or unknown facts about the food or services provided by the food truck operators or other users of the App.
Registering as food truck consumer/customer
If you are registered yourself as food truck consumer/customer then you are fully responsible for use of this app to search the food trucks and their information. KaterApp is not responsible for food trucks, food truck owner’s behavior, their location, information, food, and any food related issues such as diseases, allergies or any known or unknown facts about food. In any ways, user of this app cannot hold Kater responsible for any facts, information, and harms caused by Food truck owners or while using this app.
Using this app
This app is meant only to register a food truck, which may be searched by food truck consumers or customers. A consumer or customer of food truck may also register to track Food Trucks and order from them. Use of this app other than mentioned above is prohibited and illegal.
Responsibility of Contributors
If you post material, post links, or otherwise make (or allow any third party to make) material available bymeans of the Kater App (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
· the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
· if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
· you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
· the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
· the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
· the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
· your account is not named in a manner that misleads other people into thinking that you are another person or company; and
· The Content is not designed to manipulate the rankings of vendors or other people using the Kater App.
By submitting Content to the KaterApp for inclusion, you grant the Kater App a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for any purpose.
We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Sites. Any other use of the Sites and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Sites should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Sites without the express written permission of Kater or the appropriate third party owner, as applicable.
If you download any software from the Sites, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
Kater reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites' features, look and feel, and functional elements and related services.
Without limiting any of those representations or warranties, the Kater App has the right (though not the obligation) to, the KaterApp's sole discretion (i) refuse or remove any content that, in the Kater App's reasonable opinion, violates any Kater App policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the application to any individual or entity for any reason, in the Kater App's sole discretion. Kater App will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Visitors
theKater App has not reviewed, and cannot review, all of the material, including computer software, posted to the application, and cannot therefore be responsible for that material's content, use or effects. theKater App disclaims any responsibility for any harm resulting from the use by visitors of the application, or from any downloading by those visitors of content there posted.
By accessing the Sites, you agree:
You agree that the consequences of commercial use or re-publication of User Content or Materials from the Sites or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Kater will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.
Ratings and Reviews
The Sites may allow you to rate and post reviews of food vendors and other businesses ("Ratings and Reviews"). Such Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, your agreement regarding your use of Interactive Areas and the Sites' standards of conduct. Ratings and Reviews are not endorsed by Kater, and do not represent the views of Kater or of any affiliate or partner of Kater. Kater does not assume liability for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews must comply with the following criteria: (1) before posting a Rating or Review, you must have had first-hand experience with the food vendor; (2) you may not have a proprietary or other affiliation with either the food vendor or any of its competitors; (3) you may not draw any legal conclusions regarding the food vendors' products, services or conduct; and (4) your review must otherwise comply with the terms of this Agreement. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Sites may be removed or excluded by us without notice.
We have not reviewed, and cannot review, all of the material, including computer software, made available through our application and webpages to which those content links. theKater App does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, the Kater App does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. theKater App disclaims any responsibility for any harm resulting from your use of such websites and webpages.
Copyright Infringement and DMCA Policy
As the Kater App asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the app violates your copyright, you are encouraged to notify the Kater App at the contact information below.the KaterApp will attempt to terminate a visitor's access to and use of the application if, under appropriate circumstances in our sole discretion, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Kater App or others. In the case of such termination, the Kater App will have no obligation to provide a refund of any amounts previously paid to the Kater App.
Kater App reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the application following the posting of any changes to this Agreement constitutes acceptance of those changes.
Kater App may terminate your access to all or any part of the use of application at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account (if you have one), you may simply discontinue using the application. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Kater App and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Kater App nor its suppliers and licensors, makes any warranty that the application will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the application at your own discretion and risk.
THE SITES, THE MATERIALS AND ALL OTHER CONTENT ON THE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KATER DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE SITES WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. KATER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON THE SITES AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. YOU (AND NOT KATER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
Limitation of Liability
In no event will Kater App, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Kater App under this agreement during the twelve (12) month period prior to the cause of action.theKaterApp shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
IN NO EVENT SHALL KATER BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF GRUBHUB HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. KATER ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. KATER ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL KATER 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED (A) THE AMOUNT PAID BY YOU TO KATER OR A KATER 'S RESTAURANT, IF ANY, OR (B) $1000 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITATION IS ENFORCEABLE IN NEW JERSEY.
You agree to indemnify and hold harmless Kater App, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the application, including but not limited to your violation of this Agreement.
Your location information
For Kater to provide the KaterServices, Kater must record your address and must periodically receive your GPS location from the GPS hardware associated with your wireless device.
Violation of Agreement
Kater reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Sites from a particular account, device and/or IP address.
II. Arbitration Rules
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425& or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
III. Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration athttps://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTAGE2034889&RevisionSelectionMethod=LatestReleased and a separate affidavit for waiver of fees for California residents only at https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTG_004304&RevisionSelectionMethod=LatestReleased .) The arbitrator will be either a retired judge or an attorney licensed to practice law in the county in which you reside and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
IV. Arbitration Location and Procedure
Unless you and Kater otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Kater submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
V. Arbitrator's Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law. Kater will not seek, and hereby waives all rights Kater may have under applicable law to recover attorneys' fees and expenses if Kater prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content and Materials contained in the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content and Materials, to obtain or attempt to obtain any information through any means not purposely made available by the Kater App through the app.
If you have any questions regarding this Agreement or your use of the application, please contact us here: email@example.com