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LAST UPDATED
December 26, 2022

Terms Of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between you and INTUEAT, Inc. (“INTUEAT,” “Company,” “we,” or “us”). The following terms and conditions, (“Terms of Use”) govern your access to and use of www.intueat.com, including any content, functionality, and services offered on or through www.intueat.com (“Website”), whether as a party looking to hire a personal chef (a “Host”), or a personal chef contracted through the INTUEAT platform (a “Chef”), or if you are merely browsing through our Website (collectively, “you”). All Chefs seeking to join our Platform shall also agree to our Chef Terms of Use, which may be accessed when you apply to Become a Chef.

 

This Website is offered and available to users who are 21 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and that you are not a person barred from visiting the Website and accessing the Services under the laws of the United States or other country. If you do not meet all of these requirements, you must not access or use the Website or the Services.

Description of Service

Our Website provides information about INTUEAT and allows users to request further information, make reservations, make purchases, and more (collectively the “Services”). To the extent new offerings, content, or features are added to our Website in the future, your use thereof is subject to these Terms of Use.

Reservations and Services

In order to chat with a Chef or make a reservation with us, you must first create an account on our Website. You agree that you will make all bookings in good faith and not based on speculation or fraud. Bookings are not confirmed unless you receive an email confirmation from us stating that the event booking has been confirmed. All reservations are for you, your invited guests, or members of your party. Reservations may also be purchased as a gift or as a charitable donation or booked for another person. You may not resell, advertise, assign, or otherwise market your reservation to third parties.

 

If you enter into a transaction on our Website or otherwise contact us through the Website, you agree to provide accurate information about yourself. We reserve the right to suspend or terminate your use of our Website and to revoke permission for you to use our Services if we discover, or if we have a reasonable basis to believe, that any of the data you have provided is inaccurate, incomplete or untrue, or if you violate these Terms of Use.

Additional Policies and Agreements

By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, found at www.intueat.com/legal/privacy-notice, incorporated herein by reference (the “Privacy Notice”). Our Privacy Notice describes the information we collect when you and others use our Website, as well as how we use the information and some of the steps we take to protect your privacy. Our Privacy Notice is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your Personal Information in accordance with our Privacy Notice.  If you make a reservation or purchase any services through INTUEAT, that purchase is subject to our Cancellation Policy, which is also incorporated into these Terms of Use. To the extent additional rules or guidelines affect your use of the Website or your online transactions with us, those rules and guidelines are hereby incorporated by reference into these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

 

Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you. You may not amend these Terms of Use.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website and any Service or material we provide on the Website, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website or any Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

 

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time and in our sole discretion for any or no reason if, in our opinion, you have violated any provision of these Terms of Use.  You remain fully liable for any bookings or other activity under your account, whether or not you have authorized such booking or activity. 

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to the Services and all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the content featured on this Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics or text for any purpose except as expressly described in these Terms of Use.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

You must not access or use the content of this website for any commercial purposes.  If you wish to make any use of material on the Website other than that set out in this section, please address your request to: Support@intueat.com. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

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

Prohibited Uses

You may use the Website and Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  •  For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  •  To transmit or procure the sending of any advertising or promotional material (without our prior written consent), including any “junk mail,” “chain letter,” “spam,” “pyramid schemes,” “Ponzi schemes,” or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain.
  • To impersonate or attempt to impersonate or misrepresent your affiliation with the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or to engage in any conduct which might be harmful to any individual.
  • To engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute “stalking” or otherwise harassing conduct aimed at another person or entity.
  • To engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
  •  To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the
  • Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful or any program or computer code whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware, or telecommunications equipment.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise, attempt to interfere with the proper working of the Website.
  • Introduce links on the Website that link to any websites containing content violating any of the foregoing requirements or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or for other objectionable or illegal purposes.

User Contributions  

The Website may contain message boards, chat rooms, chat systems, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. User Contributions include comments to blog posts, User Contributions from social media, or any other content which does not originate with an INTUEAT Party. All User Contributions must comply with the Content Standards set out below in these Terms of Use and are the sole responsibility of the person who made such User Contributions available. Under no circumstances will any INTUEAT Party be liable in any way for any User Contributions made available through our Website. We may not moderate all User Contributions on certain other areas of our Website, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any publicly available User Contributions. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move or remove any User Contributions that are posted on our Website or prohibit your access to our Website in the event of a violation of these Terms of Use.

 

If any User Contribution is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and/or posted by individual visitors to our Website. However, by uploading, posting, transmitting or otherwise making any User Contribution available on or through our Website or social media, you are granting us, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Contributions in any medium or format without any obligation of notice, attribution or compensation to you.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for [any or no reason, including without limitation,], any violation of these Terms of Use.

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

 

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  •  Contain any private information about an identifiable person without that person's permission or any content soliciting any personal or private information from any individual.
  • Contain information you know or have reason to know is false, misleading, or fraudulent.
  • Contain information you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  •  Employs any techniques to disguise the origin of the content submitted.
  •  Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
  •  Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  •  Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  •  Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  •  Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

User Feedback

All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of INTUEAT. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

Copyright and Trademark Information

All content, copyrights and other intellectual property rights in the content available on our Website, including without limitation the Website’s design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by INTUEAT, with all rights reserved or in some cases may be licensed to INTUEAT by third parties. This content is protected by the intellectual property rights of INTUEAT or those owners. All content that qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Websites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Intueat.

Notification of Claimed Copyright Infringement

In the event that you find content posted on our Website that you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact our Copyright Agent as described below. 

To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:

  1. your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
  2. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
  3. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
  4. if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
  5. a description of the infringing material and the URL where such material is located on the Website, or a description of where on our Website you found such material;
  6. your written statement that you believe, in good faith, that the use of the work on our Website has not been authorized by the true owner of the work, its agent, or as a matter of law; and
  7. a statement under penalty of perjury that all of the information you have provided is true.

Please send your notice of alleged infringement to us:

By mail:

Intueat, Inc.

Attn.:  Copyright Agent

456 S. Broadway Suite 200. Denver CO, 80209.

 

By email:

Support@intueat.com .

Subject: Copyright Agent - Email Notification

 

In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of INTUEAT to terminate the use of our Websites by repeat infringers in appropriate circumstances.

Content Complaints

If you believe that any content on our Website violates these Terms of Use or is otherwise inappropriate, please report the content by completing the Contact Us form on our Website, or send an email to Support@intueat.com.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We may also remove or modify any features or functionality of this Website at any time, without notice, and without any liability to you.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

Online Purchases and Other Terms and Conditions

We accept the following forms of payment through Stripe’s Payment Processing API:

  • Credit Cards
  • Wire Transfers & Direct Deposit
  • Apple Pay & Google Wallet
  • Gift Cards

 

You agree to provide current, complete, and accurate purchase and account information for all purchases of the goods/services made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US Dollars.

 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment method for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through the Website. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

Gift Cards

For more information on Gift Cards, please review our Gift Card Terms & Conditions .

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

 

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Third-Party Sites, Content and Services

Certain areas of the Website including reservation and payment processing functions, are operated on our behalf by third parties, and our Website may include other content or services provided by, or links to other sites that are owned and operated by, third parties. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site, or any services provided by third parties. You acknowledge that any reliance on representations and warranties provided by any party other than INTUEAT will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product, or services provided by any third party. Your use of those third-party sites and services is subject to the terms of use and privacy notices posted on each site or service, and we encourage you to review those terms of use and privacy notices.

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Colorado in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, INTUEAT, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “INTUEAT PARTIES”)  WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NONE OF THE INTUEAT PARTIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NONE OF THE INTUEAT PARTIES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES, WILL ANY OF THE INTUEAT PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE OR RELIANCE ON THE WEBSITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF ANY INTUEAT PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE INTUEAT PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the INTUEAT Parties and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, Services, and products other than as expressly authorized in these Terms of Use, your use of any information obtained from the Website, or any infringement of a third party’s intellectual property or other rights by you or another user of our Website using your computer, mobile device or account.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado.

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, or any products, services, or information you receive through our Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to confidential, final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof.  Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Denver, Colorado, USA, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

User Disputes

You are solely responsible for any User Contributions you may post to our Website and any disputes you may encounter with other users of our Website as a result of such contributions or otherwise. We have no obligation to become involved in, or to resolve, any disputes between users of our Website. However, we reserve the right to take any actions we deem appropriate with regard to such disputes.

Mobile Devices

Separate versions of our Services or our Website may be available for use on mobile devices. If you access our Website or Services on mobile devices, you understand that your mobile carrier’s standard charges will apply.

Compliance with Laws

You assume all knowledge of applicable law, and you are responsible for compliance with any such laws. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.

Contact Us

This website is operated by INTUEAT, Inc. ATTN: INTUEAT Legal Platform Team, INTUEAT, 456 S Broadway Suite 200, Denver, Colorado. 80209. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: Support@intueat.com.