a. Grant of Rights. These Terms grant you a non-exclusive, revocable, non-transferable, non-assignable license to access the Catering Platform during the Term (as defined below) (“Subscription”). This license is personal to you and permits only you to access and utilize the Catering Platform. b. Term and Termination. These Terms take effect immediately upon completion of the registration process and remain in effect for an initial term of six months (“Initial Term”). The Subscription and these Terms shall auto-renew for additional one month terms (“Renewal Term(s)”) (together with the Initial Term the “Term”) unless you terminate by providing notice to LunchLobby prior to the end of the then current Term. c. Access. You will create an individual user ID and password to access the Catering Platform. d. Billing. Upon completion of the registration process and at the commencement of any Renewal Term, you shall be charged for the then current monthly advertised rate ($99) for the Catering Platform (“Subscription Fee”). The Subscription Fee shall be due immediately and is non-refundable. As part of this agreement, you authorize LunchLobby to charge your account for the Subscription Fee owed to LunchLobby. Accounts not paid immediately shall be considered delinquent, in which case LunchLobby reserves the right to suspend the Subscription until payment is received. All Subscription Fees are non-refundable unless explicitly stated by LunchLobby at the time of registration. In addition to the Subscription Fee, LunchLobby will charge a percentage of all catering sales that are processed on the LunchLobby Catering Platform (“Percentage Fee”). The Percentage Fee (5% of Gross Sales) shall be due upon customer placing a catering order on the Catering Platform. Once you fulfill the catering order, LunchLobby will electronically distribute your revenue to you, net of the LunchLobby Percentage Fee and any payment processing fees.
You acknowledge that the Catering Platform and the contents thereof are the intellectual property of LunchLobby or its licensors. You further acknowledge that nothing in these Terms shall constitute a sale or transfer of title or ownership from LunchLobby to you of any rights in and to the Catering Platform. You shall not, infringe, or enable the infringement of, the intellectual property rights of LunchLobby in any way. Notwithstanding the foregoing, you may use data and information provided in the Catering Platform in external presentations to customers and potential customers (the “Limited Exceptions”). The Limited Exceptions shall only be available to you during the Term. This section shall survive termination or expiration of the Terms.
The Terms are the final and entire agreement between you and LunchLobby with regard to the Catering Platform and supersedes all previous agreements whether written or oral regarding the Catering Platform. Neither you nor LunchLobby is an agent, representative or partner of the other. Neither you nor LunchLobby shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability on behalf of the other party. These Terms shall not be interpreted to create an employment relationship, joint venture or partnership between the parties or to impose any liability attributable to such relationship upon either you or LunchLobby. LunchLobby may, from time to time, change these Terms. When such changes are made, we will make a copy of the new Terms available to you on our website. Neither these Terms nor any part or portion hereof shall be assigned or otherwise transferred by you without LunchLobby’s prior written consent.
a. Notice and Demands. Notice, demand, or other communication mandated to be given by this Agreement by either party to the other shall be sufficiently given or delivered if it is sent by registered or certified mail, postage prepaid, return receipt requested or delivered personally. Unless LunchLobby is otherwise notified in writing, the Client’s address for notice purposes shall be Client’s address provided as part of Client’s billing information. b. Governing Law; Forum Selection. This Agreement shall be governed exclusively by the laws of the State of Ohio, without regard to its conflicts of laws principles. Any action under or concerning this Agreement shall be brought exclusively in the District Court of Hamilton County in Cincinnati, Ohio. The parties irrevocably agree and consent that said forum is convenient and has jurisdiction to hear and decide any such action. c. Compliance with Laws. Client shall use the Catering Platform in accordance with any and all applicable local, state, and federal laws. d. Headings. The paragraph headings in this Agreement are for convenience only and they form no part of the Agreement and shall not affect the interpretation thereof. e. Severability. If any provision of this Agreement shall be held illegal, void, or unenforceable, the remaining portions shall remain in full force and effect. f. No Waiver. The delay or failure of either party to exercise any right under this Agreement or to take action against the other party in the event of any breach of this Agreement shall constitute a waiver of such right, or any other right, or of such breach, or any future breaches, under this Agreement. g. Assignment. Client shall not assign or transfer this Agreement. h. No Partnership or Agency. Nothing in this Agreement is intended to or shall create a partnership between the parties, or authorize either party to act as an agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise bind the other in any way. i. Force Majeure. LunchLobby will not be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond LunchLobby's reasonable control, including but not limited to fire, flood, storm, act of God, war, malicious damage, failure of a technology service or telecommunications network. j. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services, and supersedes any and all prior or contemporaneous understandings or agreements whether written or oral. No amendment or modification of this Agreement will be binding unless reduced to a writing signed by duly authorized representatives of the parties and such writing makes specific reference to this Agreement and its intention as an amendment hereto.
YOU AGREE AND ACKNOWLEDGE THAT THE CATERING PLATFORM INCLUDING YOUR USE OF AND ACCESS TO THE CATERING PLATFORM IS PROVIDED ON AN “AS-IS” BASIS AND ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED. IF ANY PORTION OF THIS SECTION IS RULED TO BE UNENFORCEABLE BY AN APPLICABLE AUTHORITY THEN LUNCHLOBBY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. BY CLICKING “I AGREE” AND/OR BY USING THE CATERING PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT SHALL BE SUPERIOR TO, AND SUPERCEDE ANY CONFLICTING OR INCONSISTENT TERMS CONTAINED IN ANY PURCHASE ORDERS, OTHER DOCUMENTS PROVIDED TO THE COMPANY BY YOU, OTHER DOCUMENTS PROVIDED TO YOU BY THE COMPANY, OR AGREEMENTS PREVIOUSLY ENTERED INTO BY THE PARTIES. IF YOU DO NOT AGREE TO THE TERM OF THIS AGREEMENT, DO NOT SIGN UP FOR OR USE THE CATERING PLATFORM AND EXIT NOW.
Please contact the LunchLobby team with any questions at email@example.com or call us at 1-619-734-9644.