REPRESENTATIONS AND WARRANTIES
You represent, warrant, and covenant that you will not transmit, distribute, or otherwise publish through the Website any materials which restrict or inhibit any other user from using and enjoying the Website; are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; violate, plagiarize, or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; contain a virus or other harmful or potentially harmful component; contain any information advertising of any kind; and/or constitute or contain false or misleading indications of origin or statements of fact.
SUBMISSION OF INFORMATION
You will be required to provide information about yourself in order to use certain parts of the Website. You agree that any such information shall be accurate.
Use of the Website requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Website involves hardware, software, and Internet access, your ability to use the Website may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
CHANGES TO THE WEBSITE
Katie Button Restaurants reserves the right to modify or cease providing the Website (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Katie Button Restaurants may post on our Website notice of such changes to the Website. It is your responsibility to review our Website for any such notices. You agree that Katie Button Restaurants shall not be liable to you or any third party for any modification or cessation of the Website.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing as part of the Website and/or associated services are the property of Katie Button Restaurants. Katie Button Restaurants retains all rights with respect to any of its intellectual property appearing in the Website. All contents of the Website are: Copyright 2020 Katie Button Restaurants, LLC, all rights reserved.
THIRD PARTY WEBSITES
The Website may provide links to third-party sites that are not under the control of Katie Button Restaurants, and Katie Button Restaurants is not responsible for any content on any linked site. If you access a third-party site through the Website, then you do so at your own risk. Katie Button Restaurants provides links only as a convenience, and the inclusion of the link does not imply that Katie Button Restaurants endorses or accepts any responsibility for the content on those third-party sites.
We are unable to issue refunds. Exchanges may be issued within 15 calendar days. To be eligible for an exchange, your item must be unused and in the same condition in which you received it and include the receipt or proof of purchase. If exchanging an item by mail, you will be responsible for shipping costs to exchange your item. Shipping costs are nonrefundable. If you have any questions on how to return your item to us, please contact us.
Suspension of Service Guarantee
Effective March 26, 2020 and until further notice, we have suspended the UPS Service Guarantee (also referred to as the UPS Money Back Guarantee) for all shipments from any origin to any destination. For all U.S. origin shipments, the Service Guarantee suspension became effective as of March 24, 2020.
LIMITATIONS ON USE
The Website is for your personal and non-commercial use only. You will not reproduce, resell, or distribute the Website for any purpose. You will not offer or use the Website on a timeshare basis, use the Website to generate income, or use the Website for the development, production, or marketing of a service or product substantially similar to the Website. You shall not engage in any activity or use the Website in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the Website.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT KATIE BUTTON RESTAURANTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR WEBSITE, OR OTHER INTANGIBLE LOSSES (EVEN IF KATIE BUTTON RESTAURANTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE WEBSITE; (II) ANY CHANGES MADE TO THE WEBSITE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE WEBSITE OR ANY PART THEREOF; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; AND (IV) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. IN SUCH CASES, KATIE BUTTON RESTAURANTS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KATIE BUTTON RESTAURANTS AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, AND MEMBERS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED $100.
You understand that, by using the Website, you may encounter material that you may deem to be offensive or objectionable and that such content may or may not be identified as objectionable material. Nevertheless, you agree to use the Website at your sole risk, and Katie Button Restaurants shall have no liability to you for material that may be found to be offensive or objectionable.
In addition to any excuse provided by applicable law, Katie Button Restaurants shall be excused from liability related to the Website arising from any event beyond Katie Button Restaurants reasonable control, whether or not foreseeable by either party, including but not limited to: war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
You acknowledge that the Website, or portion thereof, may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Website or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
CHOICE OF LAW AND FORUM