Terms of Service

Site Registration and Log In

1. To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a site registration or log-in process. In addition, certain features of the Site are only available to our authorized users, and to access those areas of the Site you will be required to authenticate yourself (e.g., by logging in using your username and password or entering your user name or email address and entering in the one-time password we send you as confirmation).
2. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
3. You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

Rules of Conduct

The term “Site” includes and consists of the following: (i) any software code, scripts, interfaces, graphics, displays, text, audio-visual components, documentation and other components comprising the Site (including that of any of Cafeteria’s third-party licensors); (ii) any updates, modifications or enhancements to the items listed in subsection (i), together with any electronic or other documentation and associated materials; and (iii) any of the Internet-based, interactive information services, content, and interactive tools provided by Cafeteria that may be used or accessible by means of the Site.

While accessing or using the Site, all data, information and content that is available or accessible, or that you see or otherwise experience, on or through the Site (the “Site Content”) and the various features available on the Site, in addition to any other separate, written agreement or other arrangement with us, you agree that you shall not:

1. attempt to or actually decompile, reverse engineer, disassemble, derive the source code of, or decrypt the Site;
2. alter, edit, modify, delete, remove, obscure, fail to display, otherwise change the meaning or appearance of, or repurpose any portions of the Site (or attempt to do any of the foregoing), including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
3. violate, or use the Site or your account therefor to violate, any applicable laws, rules or regulations;
4. take any action that interferes with the proper working of the Site or Cafeteria’s systems, imposes an unreasonable or disproportionately large load of the Site’s or Cafeteria’s infrastructure, might compromise the security of the Site or Cafeteria’s systems or render the Site or Cafeteria’s systems inaccessible to others, or otherwise cause damage to the Site, any Site Content or Cafeteria’s systems;
5. make any modification, adaptation, improvement, enhancement, translation or derivative work to or of the Site or any Site Content;
6. use the Site or Site Content except as expressly authorized by Cafeteria in these Terms of Service or by a separate, written agreement or other arrangement between you or Cafeteria;
7. impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site or Cafeteria;
8. upload, post, transmit, distribute or otherwise publish to, on or through the Site, any information or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
9. use the Site or the Site Content to violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right, whether directly or in any other manner;
10. upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
11. use or launch any automated system, including without limitation, any “robot,” “spider,” or “offline reader” that accesses or uses the Site in a manner that sends more requests to the Site’s servers in a given period of time than a human can reasonably generate in the same period without using automated means, or engage in “data mining,” “screen scraping,” “database scraping,” harvesting of e-mail addresses or other contact or personal information, or any other automatic means of accessing, logging-in to or registering for the Site or for any services available on the Site, or obtaining lists of users or obtaining or accessing other information or features on the Site, including, without limitation, any information residing on any server or database connected to the Site;
12. obtain or attempt to gain unauthorized access to other computer systems, information or any services made available on or through the Site through any means, or obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for on the Site;
13. obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
14. use, redistribute, republish or exploit any part of the Site or any Site Content for any commercial or promotional purposes, except as expressly permitted by us pursuant to a separate, written agreement or other arrangement; or
15. use artificial intelligence or any other technology, now known or hereafter discovered, to identify characteristics about individuals based on the anonymized data or content you receive via the Site (including, by way of example and not limitation, audio files).

You acknowledge and agree that your violation of any of the foregoing may give rise to irreparable injury to Cafeteria or its licensors or affiliates for which monetary damages may be an inadequate remedy; and you agree that Cafeteria or its licensors or affiliates may seek and obtain injunctive relief against the breach or threatened breach of your obligations hereunder, in addition to any other legal or equitable remedies which may be available.

Ownership of Site Content and Submissions

The Site and all Site Content belong to Cafeteria, its owners, partners, affiliates, contributors or third parties and are protected by U.S. and international copyright, trademark, intellectual property and other laws. No right, title or interest in or to the Site or any Site Content is granted or transferred to you as a result of your use of or access to the Site. You may use the Site and the Site Content solely for your own internal business purposes, except as expressly permitted by us pursuant to a separate written agreement or other arrangement. You may not use any content or materials received via the Site as training data for artificial intelligence models. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site unless explicitly authorized in these Terms of Service or by the owner of the materials. You may, however, from time to time, use data you access through the Site for your internal business purposes, provided that you keep intact all copyright and other proprietary notices.

If you submit or post any materials or content to the Site, you hereby assign to us all right, title and interest in and to all such materials and content, including alterations thereof. You represent that any materials and content submitted by you to the Site is original to you and that you have the right to assign to us these rights. You hereby irrevocably waive and release us from any and all claims that we or our licensees or sublicensees have used your ideas, information, materials or content without your permission.

The name Cafeteria, the Cafeteria logo, and all related names, logos, product and service names, designs and slogans are trademarks of Cafeteria or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Electronic Communications

The communications between you and us via the Site use electronic means, whether you visit the Site or send us an e-mail, or whether we post notices on the Site or communicate with you via e-mail. By accessing or using the Site, you consent to receiving communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.

Jurisdictional Issues

This Site is not intended to be accessed from outside the United States of America, and you are not authorized to do so. We control and operate the Site from our facilities in the United States of America, and unless otherwise specified, the materials displayed on the Site are presented solely for the purpose of promoting products and services available in the United States of America, and its territories, possessions, and protectorates. We do not represent that materials on the Site are appropriate or available for use in other locations.

No Export

You may not use or otherwise export or re-export the Site except in accordance with these Terms of Service and as authorized by U.S. law, if at all. In particular, but without limitation, the Site may not be exported or re-exported (i) into (or to a national or resident of) any countries subject to a U.S. embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Table of Denial Orders or Denied Person’s List or Entity List. By using the Site, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or location, or on any such list.

Changes to the Site

We reserve the right to modify, suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Suspension or Termination of Access

Except to the extent, if at all, otherwise set forth in a separate agreement entered into between you and us, we have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms of Service. In addition, we have a policy of terminating the Site usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by these Terms of Service that were in effect as of the date of your suspension or termination.

Linking Policies

The Site may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site you should read the Terms of Service and privacy policy that govern that particular linked site.

We welcome links to the Site so long as: (i) the Site opens in a new browser window which displays the full version of a page of the Site (e.g., not merely one of its frames, and not an “in-line” link to a particular image or object on the Site), (ii) the link to the Site does not state or imply any sponsorship of the Site or service by us or by the Site; and (iii) the Site is not display framed within or obfuscated by other content. You may not use on the Site any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to the Site upon notice. If you receive such a notice from us, you agree to discontinue your link to the Site.

Indemnification

You understand and agree that you are personally responsible for your behavior on the Site and your use of the Site Content. You agree to indemnify, defend and hold harmless Cafeteria, its parents, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information or content providers (“Indemnified Parties”) from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees) (collectively, “Claims”), resulting from or arising out of (i) your access to or use of the Site, any Site Content or our services made available through the Site, (ii) any violation by you of these Terms of Service or any applicable law, or (iii) your submissions to the Site. You agree to cooperate as fully as reasonably required in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any Claim subject to indemnification by you, which will not excuse your indemnity obligations hereunder. You shall not enter into any settlement agreement in connection with a Claim which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without their prior written approval.

General Contact Information

If you have any questions, complaints or claims relating to these Terms of Service or the Site, you may contact us by either:

1. sending an e-mail to legal@teamcafeteria.com
2. sending a letter via the U.S. Mail to:
   Cafeteria Inc.
   PO BOX 46565
   Los Angeles, CA 90046

Governing Law

These Terms of Service, and the relationship between you and us, are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions.

Binding Arbitration; Waiver of Class Actions and Jury Trial

1. Purpose. The term “Dispute” means any dispute, claim, or controversy between you and us or any of our affiliates regarding the Site or any service thereon, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with us or any affiliate of ours or any of our or their officers, directors, employees or agents that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, other than those matters listed in the “Exclusions from Arbitration” clause below, you and the entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
2. Exclusions from Arbitration. YOU AND WE AND OUR AFFILIATES AGREE THAT ANY CLAIM FILED BY YOU OR BY US OR BY OUR AFFILIATE IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
3. Right to Opt Out of Binding Arbitration and Class Action Waiver within 30 Days. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST ACCEPT THESE TERMS OF SERVICE. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO PO BOX 46565, LOS ANGELES, CA 90046 AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT DETAILS, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US OR OUR AFFILIATES THROUGH ARBITRATION.
4. Notice of Dispute. IF YOU HAVE A DISPUTE WITH US OR ANY OF OUR AFFILIATES, YOU MUST SEND WRITTEN NOTICE TO PO BOX 46565, LOS ANGELES, CA 90046 TO GIVE US OR OUR AFFILIATE WITH WHICH YOU HAVE A DISPUTE THE OPPORTUNITY TO RESOLVE THE DISPUTE
5. Informally Through Negotiation. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute, unless the Dispute is resolved within 60 days. If we or our affiliate with which you have a Dispute do/does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you, us or our affiliate with which you have a Dispute may pursue your claim in arbitration pursuant to the terms in this Section.
6. Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
7. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
8. Arbitration Procedures. Because the software and/or service provided to you by the entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $100,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $100,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $100,000 and you provided notice to and negotiated in good faith with the entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
9. Location of Arbitration. You or the entity you have a Dispute with may initiate arbitration in either New York County, New York or the county in which you reside. In the event that you select the county of your residence, the entity you have a Dispute with may transfer the arbitration to New York County, New York in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
10. Court Jurisdiction and Venue. ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR, IF SUCH COURT WOULD NOT HAVE JURISDICTION OVER THE MATTER, THEN ONLY IN A NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK. EACH PARTY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THESE COURTS AND AGREES NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS OF SERVICE IN ANY OTHER COURT OR FORUM. EACH PARTY WAIVES ANY OBJECTION TO THE LAYING OF THE VENUE OF ANY LEGAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS OF SERVICE IN THE FEDERAL OR STATE COURTS SITTING IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK, AND AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

Disclaimer of Representations and Warranties

YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF THE SITE OR ANY SITE CONTENT, AND THE SERVICES MADE AVAILABLE VIA THE SITE. CAFETERIA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE or THE SITE CONTENT OR SERVICES MADE AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, CONNECTIVITY, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, THE INTERNET GENERALLY, OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CAFETERIA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE SITE OR ANY SITECONTENT. CAFETERIA MAKES NO WARRANTY THAT THE SITE, IN WHOLE OR IN PART, WILL MEET YOUR REQUIREMENTS.

CAFETERIA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SITE OR ANY SITECONTENT. CAFETERIA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR MOBILE DEVICE, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR SITE CONTENT OR YOUR DOWNLOADING OR UPLOADING OF ANY SITE CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE SITE. CAFETERIA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. CAFETERIA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT, OR THAT ANY ERRORS IN THE SITE CONTENT WILL BE CORRECTED. THE SITE AND THE SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY. BECAUSE SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OF REPRESENTATIONS OR WARRANTIES, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THESE TERMS OF SERVICE CANNOT CHANGE. IN SUCH STATES, CAFETERIA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND SITE CONTENT TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON THE SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD-PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.

Limitations of Liability

EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY, IF YOU ARE DISSATISFIED WITH THE SITE, ANY SITE CONTENT OR ANY SERVICE MADE AVAILABLE THROUGH THE SITE, OR WITH THESE TERMS OF SERVICE OR THE SUBJECT MATTER HEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SITE CONTENT. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) WILL CAFETERIA OR ITS PARENTS, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURERS, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, AGENTS, OR THIRD-PARTY INFORMATION OR CONTENT PROVIDERS (COLLECTIVELY, “PROTECTED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE OR ANY SITE CONTENT; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ANY SITE CONTENT; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR ANY SITE CONTENT, EVEN IF THE APPLICABLE PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL OR INCIDENTAL DAMAGES), SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE PROTECTED ENTITIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE SITE, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR IN CONNECTION WITH THE SITE.

NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE AND THE USE OF THE SITE WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US IN THE PAST TWELVE (12) MONTHS, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT (1) THE MUTUAL AGREEMENTS MADE IN THIS SECTION 15 REFLECT A REASONABLE ALLOCATION OF RISK, AND (2) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF SERVICE WITHOUT THESE LIMITATIONS ON LIABILITY.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THESE TERMS OF SERVICE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

Entire Agreement; No Waiver

These Terms of Service constitute the entire agreement of you and Cafeteria with respect to the subject matter of these Terms of Service and supersede all previous agreements, whether electronic, written or oral, between you and Cafeteria with respect to such subject matter. Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by Cafeteria of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors or Inaccuracies

The Site Content available on or through the Site may contain typographical errors or other errors and inaccuracies and may not be complete or current. Cafeteria therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update Site Content at any time without notice. Cafeteria does not, however, guarantee whether or when any errors, inaccuracies or omissions will be corrected.

Enforcement

Cafeteria reserves the right to (but does not assume any obligation to) investigate and take appropriate legal action against anyone who violates any of the provisions of these Terms of Service, including, without limitation, by barring violators from use of the Site and Site Content and pursuing civil, criminal or injunctive redress.

Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, unlawful, void or otherwise unenforceable, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these Terms of Service will remain in full force and effect.

Termination

Cafeteria reserves the right to terminate these Terms of Service with respect to you (including, without limitation, your right to access and use the Site and Site Content) immediately, with or without notice to you, for any reason or no reason. Sections 3 and 5-21 (inclusive), shall survive any termination of these Terms of Service and continue in full force and effect thereafter in perpetuity.

Miscellaneous

This agreement is personal to you and you may not assign it to anyone.

These Terms of Service are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms of Service may only be invoked or enforced by you or us.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THESE TERMS OF SERVICE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.