2. ACCEPTANCE OF TERMS
By accessing the Website, User accepts and agrees to all conditions imposed in this Agreement. User represents and warrants that it possesses the legal right and ability to enter into this Agreement and use the Website in accordance with these terms.
Centerplate reserves the right to modify this Agreement at any time without notice to User. User agrees to review this Agreement periodically to ensure awareness of any modifications. User’s continued access or use of the Website after modifications have become effective shall be deemed conclusive acceptance of the modified terms.
Centerplate has the exclusive right to control accessibility, hours of use, features on the Website, and any other information found on the site. Centerplate can restrict access to any or all portions of the Website or remove any information or content from the site at any time. Centerplate reserves the right to monitor use of the Website.
User is solely responsible for providing the equipment related to accessing the Website, including but not limited to all computer, remote communications equipment, telephone, and other equipment.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
3. DOWNLOADABLE MATERIALS
Centerplate authorizes User to view and download materials at this Website that are explicitly available for download but User may only use those materials for personal, non-commercial use, and on the condition that User retains all copyright and other proprietary notices contained in the original materials on any copies of the materials. No right, title, or interest in any site content is transferred to User, whether as a result of downloading the content or otherwise. User may not modify the downloadable materials on this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other web site or networked computer environment for any purpose is prohibited.
4. COPYRIGHT AND MARKS
All content on the Website is the copyrighted property of Centerplate. Other than the download to the User’s computer that is inherent in viewing a web page and the rights granted as to downloadable materials in Paragraph 3, Website contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed” on another site, or distributed in any way without the prior written consent of Centerplate. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the Website. Any third-party marks and content appearing on the Website are the property of their respective owners. Users are not permitted to use any of these third-party marks or content without permission of the respective owner.
User may not mirror or frame the home page or any other pages of this Website on any other site. Centerplate reserves the right to terminate any link found on the Website at any time.
6. THIRD-PARTY CONTENT
Centerplate is not the publisher or speaker of any information on the Website that is provided by third-party content providers and Centerplate is not liable for any claims related to that information. Any mention on the Website of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Centerplate. Centerplate assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the Website are solely between the User and the third parties, and are subject to any terms, conditions, warranties, or representations associated with those dealings.
CENTERPLATE MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS WEBSITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, CENTERPLATE DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS WEBSITE. IF YOU ACCESS ANY OF THIRD-PARTY WEBSITES LINKED TO THIS WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
7. PROHIBITED CONDUCT
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
a) Use any device or other means to harvest information about other Users.
b) Transmit, install, upload or otherwise transfer any virus or other item or process to the Website that in any way affects the use, enjoyment, or service of the Website.
c) Transmit, install, upload, or otherwise transfer any virus or other item to the Website that in any way affects the use, enjoyment or service of any User’s or Centerplate employee’s computer or other medium used to access the Website.
d) Modify the information, including headers, found on the Website.
e) Engage in any action which Centerplate determines is detrimental to the use and enjoyment of the Website.
f) Use the Website for any unlawful or defamatory means.
Users are prohibited from violating or attempting to violate the security of the Website. Centerplate will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
10. DISCLAIMER AND LIMITATION OF LIABILITY
Although Centerplate has attempted to provide accurate information on the Website, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions in that information. USER ACCESSES THIS WEBSITE AT HIS OR HER OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER CENTERPLATE NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER CENTERPLATE NOR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS WARRANTS THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION ON THE WEBSITE AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMMISSIONS IN THE INFORMATION.
IN NO EVENT WILL CENTERPLATE OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY COMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES, AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM.
THE PROVISIONS IN THIS PARAGRAPH 10 ARE APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF CENTERPLATE, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF, USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. USER AGREES THAT CENTERPLATE IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS WEBSITE.
USER AGREES NOT TO SEEK TO HOLD CENTERPLATE OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD-PARTY CONTENT PROVIDERS LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.
USER AGREES NOT TO SEEK TO HOLD CENTERPLATE OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE WEBSITE.
User understands and agrees that he or she is personally responsible for his or her behavior on this Website. User agrees to indemnify, defend, and hold harmless Centerplate, its directors, officers, employees, agents, and assigns from and against all losses, expenses, damages, costs (including, but not limited to, direct, incidental, consequential, exemplary, punitive, and direct damages), reasonable attorneys’ fees, resulting from or arising out of the User’s use, misuse, or inability to use the Website or any violation by the User of this Agreement.
12. TERMINATION OF AGREEMENT
Either Centerplate or User may terminate this Agreement at its discretion. In addition to Centerplate’ other rights, Centerplate may terminate access to this Website if User breaches this Agreement in any way or engages in conduct that Centerplate deems inappropriate. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 3, 4, 6, 7, 10, 11, 12, 13, and 11 shall survive.
13. ENFORCEMENT & CHOICE OF LAW
If any part of this Agreement is found to be invalid or unenforceable, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Any dispute arising out of this Agreement shall be governed by the laws of the State of Connecticut, U.S.A, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in Connecticut, State of Connecticut, U.S.A., and each User consents to exclusive jurisdiction and venue in such courts for such purpose.
This Agreement constitutes the entire agreement between Centerplate and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Centerplate and User dealing with the subject matter hereof is superseded.
Upon User’s breach of this Agreement, Centerplate may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages as well as injunctive relief. Centerplate’ remedies are cumulative and not exclusive. Failure of Centerplate to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.
User agrees that, regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Centerplate makes no representation that the content of the site is appropriate or available for use in all locations.
Users are responsible for compliance with all applicable local laws.