Welcome to Club Soda!
Agreement with Terms
By using this website or mobile application, or working with our employees or agents by any means (including telephone, text, email, chat, in-person, or any other mechanism), you accept our Agreement. We reserve the right to make changes to our websites, our mobile applications, our services, and the Agreement at any time. Your use of our services or working with our employees or agents after any changes have been made constitutes acceptance of the changes.
Ownership and Use of Website, Copyright and Trademarks
This website or mobile application is the sole property of ezCater or our affiliates, partners or content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this website or mobile application, the content, and all software used on this website or mobile application, are the exclusive property of ezCater or our affiliates or partners and are protected by U.S. and international copyright laws. Title to any part of this property shall not pass to you or to any other person or entity.
This website, mobile application, compilation, content and software may only be used as a personal e-commerce resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, sale, resale, unauthorized use, or other exploitation of any part of the website, mobile application, compilation, content and software without express prior written permission from ezCater is strictly prohibited, may violate copyright, trademark and other laws, and may result in your being responsible for any and all associated damages. The application or linking of this website, mobile application, compilation, content or software into any other website, mobile application, compilation, content or software without express prior written permission from ezCater is also strictly prohibited.
ezCater.com, the ezCater logo, Club Soda, and certain other product or service names referenced are trade or service marks of ezCater. Certain product, company, trade, and service names referenced are trade or service marks of their respective owners. None of these marks may be used in connection with any product or service different from that correctly associated with the mark, in any manner that disparages or discredits the mark's owner, or in any manner that is likely to cause confusion.
ezCater and our affiliates and partners reserve the right to refuse service, terminate accounts, and/or modify or cancel orders at our discretion, for any cause or without cause.
Ownership of Certain Information
If you post names of, reviews of, or comments on products or companies on ezCater's websites or mobile applications, you grant ezCater and our affiliates and partners a non-exclusive, royalty-free, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such names, reviews, and comments throughout the world in any media. You also grant ezCater and our affiliates and partners the right to use the name (if any) that you submit with any name, review, or comment in connection with such name, review, or comment.
If you allow us to post your menu, pricing, logo, photographs or other images, delivery terms or delivery requirements, or any other information on our websites or mobile applications, you grant ezCater and our affiliates and partners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such menu, pricing, logo, delivery requirements, or other information throughout the world in any media, subject to our usage of your trade or service marks as specified elsewhere in these Terms.
Risk of Loss; Guarantee
All items purchased through ezCater are made pursuant to a fulfillment agreement with one or more third parties (such as food providers or delivery companies). Should there be errors, ezCater will offer every reasonable assistance in the correction of that error. In any event, however, the risk of loss and title for such items pass to you upon our conveyance of your order to the third party/ies. It may be necessary for you to file claims with those parties.
You, your employer (if any), and any individual or company (if any) for whom you are a contractor, agree to indemnify and hold ezCater, our subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, damage, claim, or demand, including reasonable attorneys' fees, made by any party due to or arising out of (a) your use of this website or mobile application or any ezCater services in any way, (b) your fulfillment or attempted fulfillment of any orders sent to you or facilitated by ezCater, (c) your delivery or attempted delivery of any orders sent to you or facilitated by ezCater, whether sent to you directly or indirectly by ezCater, or (d) any other engagement or attempted engagement with ezCater.
EZCATER AND THIS WEBSITE OR MOBILE APPLICATION ARE PROVIDED BY EZCATER ON AN "AS IS" BASIS. EZCATER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR MOBILE APPLICATION OR THE INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR PRODUCTS INCLUDED IN THIS WEBSITE OR MOBILE APPLICATION OR CONVEYED IN EZCATER. TO THE MAXIMUM EXTENT PERMISSIBLE, EZCATER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EZCATER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ITS SERVICES, OR FROM PRODUCTS OR SERVICES ACQUIRED THROUGH THIS SITE OR THROUGH ITS SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. EZCATER WILL NOT BE LIABLE FOR ANY BODILY INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THE PERFORMANCE OF ANY PARTY IN CONNECTION WITH ANY SERVICE ARRANGED BY EZCATER.
ezCater disclaims any and all liability for the acts, omissions, and conduct of any users, food providers, delivery companies, third-party users, ezCater users, advertisers and sponsors on the websites or mobile applications, and all and any other third parties, in connection with the websites or mobile applications or ezCater, or otherwise related to use of the websites or mobile applications or ezCater. ezCater is not responsible for the products, services, actions, or failure to act of any third party. Without limiting the foregoing, you may report any believed misconduct to ezCater at firstname.lastname@example.org. ezCater may investigate and handle your claim, at our sole discretion.
ezCater reserves the right to limit purchases and purchase quantities. In the event of any error, you may be limited to a single unit purchase. Pricing on this website or mobile application is subject to change without notice.
No Agency Relationship
You agree that ezCater is not responsible for any information you convey, in any manner, and that we have no control over any actions you take or statements you make. You agree that you and ezCater are independent contractors, and that neither you nor we are in any way an agent for the other party.
You may not use the ezCater websites or mobile applications or any of our services if you are under eighteen years of age.
The laws of the Commonwealth of Massachusetts will govern these notices, terms, and conditions, without regard to the conflict of law principles.
Please never hesitate to email us at email@example.com or call us at 1-800-488-1803.
40 Water Street
Boston, MA 02109