TERMS OF USE
Updated and effective March15th, 2017
This document tells you the terms of use on which you (the user) may make use of our Kater App offered by Kater Technologies LLC. Please read these terms carefully before you start to use the app. You may only use the Kater App (and the services provided through the Kater App) if you agree to these Terms. Your use of the app indicates your acceptance of these Terms. If you are unhappy or not satisfied, you may contact us atinfo@eatkater.com
We own and operate this app (Kater), the related mobile sites and mobile applications, and selected other domains (collectively, the "Sites"). These terms of use (the "Agreement") constitute a contract between you and us. By accessing and/or using the Sites, you agree to all the terms and conditions of this Agreement. If you do not agree, do not use the Sites. As used in this Agreement, "Kater," "we," "us," and "our" shall mean Kater Technologies LLC. and its subsidiaries and affiliates.
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.
Account Information
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:
- to comply with all applicable laws regarding online conduct and submission of acceptable User Content;
- not to use the Sites or the services or submit content to the Sites if you are under the age of 13;
- not to use the Sites to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;
- not to access the Sites or services using a third-party's account/registration without the express consent of the account holder;
- not to attempt, through any means, to gain unauthorized access to any part of the Sites and/or any service, other account, computer system and/or network connected to any Kater server;
- not to attempt to impersonate another user or person;
- not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by Kater;
- not to deep-link to the Sites and/or access the Sites manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Sites and/or any Materials and/or other content on the Sites, unless Kater has given you specific permission to do so in writing;
- not to conduct any kind of systematic retrieval of data or other content from the Sites;
- not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content;
- not to use the Sites in any manner that could damage, disable, overburden and/or impair any Kater server, or the network(s) connected to any Kater server, and/or interfere with any other party's use and enjoyment of the Sites;
- not to transmit any chain letters or junk email;
- not to use any information obtained from the Sites or the Kater services in order to contact, advertise to, solicit, or sell to any user or food vendor;
- not to sell or transfer your profile;
- not to use the Sites to engage in commercial activities apart from sanctioned use of Kater services;
- not to use the Sites as part of an effort to compete with Kater, the Sites, or the Kater services;
- not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in any format or media;
- not to license, sell and/or otherwise provide access to and/or use of the Sites to any third party, including without limitation to build a competitive product and/or service;
- not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Sites;
- not to copy, publish or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
- not to harass, annoy, intimidate or threaten any Kater employees or agents engaged in providing any portion of Kater's services;
- not to display an advertisement, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Sites or Kater’s services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
- not to delete the copyright or other proprietary rights notice from any User Content or any portion of the Sites or Kater's services;
- not to upload or transmit viruses or other harmful, disruptive or destructive files;
- not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including those of our food vendor partners); and
- not to use the Sites for any illegal purposes.
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.
Third Party
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.
Changes
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.
We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it, and the most current version of this Agreement will always be posted under the "Terms of Use" tab ("Updated Terms"). If we make a material change to the Agreement, we may notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use the Sites after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Sites. This Agreement will govern any disputes arising before the effective date of the Updated Terms.
Termination
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 AND KATER AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND KATER AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.
Indemnification
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.
In using the Kater Services, you allow FoodTruckNearby to access your GPS hardware and otherwise obtain this location, and to record, compile and display such information internally. Such information is subject to Kater’s privacy policy.
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.
Dispute Resolution
I. Arbitration
You agree that all claims, disputes or disagreements that may arise out of the interpretation or performance of this Agreement, or that in any way relate to your use of the Sites, the Materials and/or other content on the Sites, shall be submitted exclusively to binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that you and Kater are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Kater otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Use. You further acknowledge that any claim arising under this Agreement will be brought within one year of its accrual or it will be waived.
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.
VI. Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Miscellaneous
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: info@eatkater.com
