Terms & Conditions Please read these terms and conditions carefully. By accessing this web site and any pages hereof, you are indicating that you have read, acknowledge and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access this web site. David Alan Caterers, LLC reserves the right to change these Terms of Use which you are responsible for regularly reviewing and your continued use of this web site constitutes agreement to all such changes. General Information This web site is operated by David Alan Caterers, LLC (the "web site"). Certain sections of or pages on this web site may contain separate terms and conditions, which are in addition to these Terms of Use. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages. Unauthorized use of David Alan Caterers web site and systems, including, but not limited to, unauthorized entry in to this web site's systems, misuse of passwords, or misuse of any other information, is strictly prohibited. You may not use this web site in any manner that could damage, disable, overburden, or impair this web site or service or interfere with any other party's use and enjoyment of any David Alan Caterers site or service. You may not attempt to gain unauthorized access to any David Alan Caterers site or service, computer systems or networks connected to this web site through hacking, password mining or any other means. You agree that you will not engage in any activities related to this web site that are contrary to applicable laws or regulations. David Alan Caterers reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this web site and to suspend and/or deny access to this web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and David Alan Caterers does not undertake any obligation or responsibility to update or amend any such information. David Alan Caterers may discontinue or change any product or service described in or offered on this web site at any time. Disclaimer of Warranty and Limitation of Liability The information, products and services on this web site are provided on an "AS IS," "WHERE IS," and "WHERE AVAILABLE" basis. David Alan Caterers does not warrant the information or services provided herein or your use of this web site generally, either expressly or impliedly. David Alan Caterers will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this web site. Neither David Alan Caterers, not any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the even of any failure or interruption of this web site, the data contained herein or the products or services offered on this web site available to you, or from any cause relating to your access to, inability to access, or use of the web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of David Alan Caterers or of any vendor providing software or services. In no event will David Alan Caterers or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or other damages of any kind if David Alan Caterers or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g. you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. David Alan Caterers cannot and does not guarantee continuous, uninterrupted or secure access to the web site. Proprietary Rights All right, title and interest in this web site and any content contained herein is the exclusive property of David Alan Caterers, except as otherwise stated. Unless otherwise specified, this web site is for your personal use only and you may print, copy and download any information or portion of this web site for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way for commercial or public purpose in whole or part any information, software, products or services obtained from this website, except for the purposes expressly provided herein, without David Alan Caterers' prior written approval. If you copy or download any information or software from this web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. David Alan, the David Alan logo and other David Alan Caterers trademarks and service marks referenced herein are trademarks and service marks of David Alan Caterers, LLC. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of David Alan Caterers, LLC. Pursuant to Section 512 (c )(2) of the Copyright Act, David Alan Caterers designates the following agent to receive notifications of claimed infringement: David Wildstein, Esq. Wilentz, Goldman & Spitzer 90 Woodbridge Center Drive Woodbridge, New Jersey 08901 Fax#: 732-855-6117 Email: wildsd@wilentz.com Use of Links This web site contains links to third party web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by David Alan Caterers of any information contained in any third party web site. In no event shall David Alan Caterers be responsible for the information contained on that site or you use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site's privacy policy may be different from those applicable to your use of this web site. Privacy Policy See our Privacy Policy for information relating to the collection and use of your personal information. David Alan Caterers may use certain technology on its web site to collect information from visitors and customers. We may compile aggregate statistical information about how visitors use our web sites, including information relating to the frequency of visits, the average length of visits, which pages are viewed during a visit, and the effectiveness of advertising on this web site. We use this information to improve the web site content and performance. No individually identifiable information is collected for this purpose and we do not monitor individual visitor behavior. In addition, for users of non-public areas of this web site, "session cookies" allow us to recognize your computer each time you return and verify your registration or password information during a particular session so that you do not have to input such information multiple times as you navigate those areas. Choice of Law These Terms of Use shall be governed and construed in accordance with the laws of the state of New Jersey, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the County of Essex, State of New Jersey and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these terms of Use shall continue in full force and effect. These Terms of Use constitutes the entire agreement between David Alan Caterers and you with respect to this site and it supersedes all prior or contemporaneous communications, agreements and understandings between David Alan Caterers and you with respect to the subject matter hereof. David Alan Caterers and you acknowledge and agree that unless expressly included in any other agreement between David Alan Caterers and you the requirements of the E-Commerce Directive (00/31/EC) as implemented are excluded to the fullest extent permissible by law. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings.
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